A certificate of exemption issued in terms of section 40 (3)(a) of the Act shall be signed by the Chief Inspector or by the provincial director or by an officer acting in his or her stead.
Every employer with 20 or more persons in his or her employ shall have a copy of the Act and the relevant regulations available at the workplace: Provided that where the total number of employees is less than 20, the employer shall on request of an employee make a copy of the Act available to that employee.
Where a health and safety committee has been established in terms of section 19 of the Act, an employer shall:
1) Each party to a dispute which has been referred for arbitration in terms of section 17 (2) of the Act, shall, within 14 days or within such an extended period as the parties or the arbitrator as contemplated in section 17(2) of the Act, decides, deliver to the arbitrator and serve on the other party a statement in which is set out
2) The arbitrator as contemplated in subregulation (1) shall
3) Only an arbitrator designated by the President of the Industrial Court in terms of section 17 (2) of the Act, shall be entitled to such remuneration as is payable to an additional member of the Industrial Court.
1) An employer or a user, as the case may be, shall within seven days of any incident referred to in section 24 of the Act, give notice thereof to the provincial director in the form of WCL 1 or WCL 2 as published in the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993): Provided that upon future publication in the Government Gazette to the effect that where such notice was given to the Compensation Commissioner as contemplated in the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993), it will be deemed given to the provincial director:
Provided further that where a person in consequence of such an incident dies, becomes unconscious, suffers the loss of a limb or part of a limb or is otherwise injured or becomes ill to such a degree that he or she is likely either to die or to suffer a permanent physical defect, such incident, including any other incident as contemplated in Section 24 (1) (b) and (c) of the Act, shall forthwith also be reported by the employer or user, as the case may be, to the provincial director by telephone, facsimile or similar means of communication.
2) When an injured person dies as a result of his injuries after notice of the incident in which he was injured has been given in terms of subregulation (1), the employer or user as the case may be, shall forthwith notify the provincial director of his or her death.
3) The provision of subregulations (1) and (2) shall mutatis mutandis apply in the case of incidents arising out of or in connection with the activities of persons at work, occurring to persons other than persons at work.
4) Any registered medical practitioner shall within 14 days of the examination or treatment of a person for a disease as contemplated in section 25 of the Act, give notice thereof to the chief inspector and the employer in the form of WCL 22 as published in the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993).
5) A registered nurse or any other person may in writing give notice of any disease as contemplated in subregulation (4), to the employer and chief inspector.
1) Subject to the provisions of section 10 (3) of the Act, every person who manufactures, imports, sells or supplies any hazardous chemical substance for use at work, shall as far as is reasonably practicable provide the party receiving such substance, free of charge with a material safety data sheet in the form of Annexure 1, containing all the information as contemplated in either ISO 11014 or ANSI Z.400.1 - 1993 with regard to-
Provided that where it is not reasonably practicable to provide a material safety data sheet, the manufacturer, importer, seller or supplier shall supply the receiver of any hazardous chemical substance with sufficient information to enable the user to take the necessary measures as regards the protection of health and safety.
2) Every employer shall be in possession of a copy of the relevant Annexure 1 or a copy of sufficient information as contemplated in subregulation 1 for any hazardous chemical substance for use at work.
3) Every employer shall make the relevant Annexure 1, or sufficient information as contemplated in subregulation 2, available at the request of any interested or affected person.
1) Every employer or user shall keep at a workplace or section of a workplace, as the case may be, a record in the form of Annexure 2, for a period of at least three years, which shall be open for inspection by an inspector, of all incidents which he or she is required to report in terms of section 24 of the Act and also of any other incident which resulted in the person concerned having had to receive medical treatment other than first-aid.
2) An employer or user shall cause every incident which must be recorded in terms of subregulation (1) to be investigated by himself or a person designated by him or her or by a health and safety representative or a member of a health and safety committee within three months or within the contracted period in the case of contracted workers, and the employer or user shall cause the findings of such a person to be entered in such record.
3) An employer shall cause such record to be examined by the health and safety committee for that workplace or section of the workplace at its next meeting and shall ensure that the chairperson of the health and safety committee endorses the record to the effect that it has been seen and that the necessary actions have been implemented and followed up: Provided that the employer shall also endorse the said record to such effects.
1) When an inspector is directed to hold a formal inquiry into an incident in terms of section 32 (1) of the Act, he shall notify the employer or user concerned, as the case may be, of the date, time and place of such inquiry and such employer or user shall forthwith advise those persons who witnessed the incident and any other person specified by the inspector, of such date, time and place, and that their presence shall be required at the inquiry.
2) The employer or user concerned, as the case may be, shall ascertain which of the persons he or she has advised in terms of subregulation (1) are likely to refuse to attend the inquiry, and shall forthwith advise the inspector of the names and addresses of such persons in order that the inspector can subpoena such persons.
3) The subpoena issued in terms of section 32 (2) of the Act shall be in the form of Annexure 3: Provided that when a subpoena is served personally on a person, the service of such notice may be effected by any person authorised thereto by the inspector who has signed it.
1) Subject to the provisions of subregulation (3) an employer or a user, as the case may be, shall not permit any person who is or who appears to be under the influence of intoxicating liquor or drugs, to enter or remain at a workplace.
2) Subject to the provisions of subregulation (3) no person at a workplace shall be under the influence of or have in his possession or partake of or offer any other person intoxicating liquor or drugs.
3) An employer or user, as the case may be, shall in the case where a person is taking medicines, only allow such person to perform duties at the workplace if the side effects of such medicine do not institute a threat to the health or safety of the person concerned or other persons at such workplace.
1) Subject to the provisions of section 8 of the Act an employer or user, as the case may be, shall not permit a person to enter a workplace where the health or safety of such person is at risk or may be at risk, unless such person enters such workplace with the express or implied permission of and subject to the conditions laid down by such employer or user: Provided that only the express or implied permission shall not apply in respect of a person entitled by law to enter such workplace premises.
2) An employer or a user, as the case may be, shall, if he or she deems it necessary in the interests of health and safety, post up a notice at every entrance to a workplace prohibiting the entry of unauthorised persons to such workplace and no person shall enter or remain at such workplace without the permission of the employer or user, as the case may be.
An employer or a user, as the case may be, shall on demand furnish the inspector with such returns as may be required for the purpose of the administration of the Act.
If the provisions of any regulation prescribe a particular notice or sign which must be displayed by an employer at a workplace or by a user, the employer or user may, in lieu thereof, display a corresponding symbolic sign as contained in a safety standard incorporated for this purpose into these regulations under section 44 of the Act, in which case it shall be deemed that the employer or user has complied with such provisions.
An employer who intends to carry out any construction work shall, before he or she carries out such work, inform the provincial director in writing of
the date on which it is expected that such work will be completed:
Provided that this regulation shall only apply in the case of construction work which takes more than three months to complete and which
Any person who
The General Administrative Regulations, published under Government Notice No. R. 2206 of 5 October 1984, are hereby repealed.
These regulations shall be called the General Administrative Regulations, 1994.
The forms are all available in Word for Windows format. See the Forms section for more details.
Annexure 1: This is a Material Safety Data Sheet. It is available as GAR-A1
Annexure 2: This is a form for the Recording and Investigation of Incidents. As for Annexure 1 it is available as GAR-A2
Annexure 3: This form is a Subpoena to Attend Inquiry. It is available as GAR-A3 but it is not intended that you fill this in - it is supplied as an example.
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