Module 1: Occupational Hygiene - Section 4: Personal Protective Equipment |
OH4.2: Legislative Framework |
The Occupational Health and Safety Act stipulates that an employer must provide a healthy and safe work environment 3. Although the Act prescribes use of engineering controls to eliminate or reduce the hazard, use of personal protective equipment is allowed under certain conditions.
Section 43 of the Act makes provision for the Minister of Labour to make regulations pertaining to the types and manner of use of personal protective equipment. A number of regulations which cover aspects of personal protective equipment have been published or incorporated into the Act.
The General Safety Regulations make provision for an employer to issue a wide range of personal protective equipment 4. However, the employer is still expected to undertake a risk assessment, and to take practical steps to remove or reduce exposures prior to issuing personal protective equipment.
The Environmental Regulations for Workplaces make provision for use of personal protective equipment by workers who are exposed to cold working conditions or use of hearing protection devices by workers in a noise zone 5.
The amended Lead and Asbestos Regulations require workers in lead or asbestos areas to be provided with respiratory protection to reduce exposures to below permissible exposure levels 6 and 7.
The Hazardous Chemical Substances Regulations are designed to protect workers against exposure to hazardous chemical substances 8. Among control measures prescribed in these Regulations is the use of personal protective equipment.
Where an employer fails to provide personal protective equipment or where an employee fails to make use of personal protective equipment supplied by employer in terms of the Act, either or both are guilty of an offence.