41. This Act not affected by agreements

Subject to the provisions of sections 10(4) and 37(2), a provision of this Act or a condition specified in any notice or direction issued thereunder or subject to which exemption was granted to any person under section 40, shall not be affected by any condition of any agreement, whether such agreement was entered into before or after the commencement of this Act or before or after the imposition of any such condition, as the case may be.

42. Delegation and assignment of functions

1) The Minister may delegate any power conferred upon him by or under this Act, except the power contemplated in section 43, to an officer.

2) A delegation under subsection (1) shall not prevent the exercise of the relevant power by the Minister himself.

3) The Minister may authorize any provincial administration or local authority to perform any function referred to in this Act.

4) An authorization under subsection (3) shall not prevent the performance of the relevant function by the Minister, the chief inspector or an inspector, as the case may be.

43. Regulations

1) The Minister may make regulations -

  1. as to any matter which in terms of this Act shall or may be prescribed;

  2. which in the opinion of the Minister are necessary or expedient in the interest of the health and safety of persons at work or the health and safety of persons in connection with the use of plant or machinery, or the protection of persons other than persons at work against risks to health and safety arising from or connected with the activities of persons at work, including regulations as to -

    1. the planning, layout, construction, use, alteration, repair, maintenance or demolition of buildings;
    2. the design, manufacture, construction, installation, operation, use, handling, alteration, repair, maintenance or conveyance of plant, machinery or health and safety equipment;
    3. the training, safety equipment or facilities to be provided by employers or users, the persons to whom and the circumstances in which they are to be provided and the application thereof;
    4. the health or safety measures to be taken by employers or users;
    5. the occupational hygiene measures to be taken by employers or users;
    6. any matter regarding the biological monitoring or medical surveillance of employees;
    7. the production, processing, use, handling, storage or transport of, and the exposure of employees and other persons to, hazardous articles, substances or organisms or potentially hazardous articles, substances or organisms, including specific limits, thresholds or indices of or for such exposure;
    8. the performance of work in hazardous or potentially hazardous conditions or circumstances;
    9. the emergency equipment and medicine to be held available by employers and users, the places where such equipment and medicine are to be held, the requirements with which such equipment and medicine shall comply, the inspection of such equipment and medicine, the application of first-aid and the qualifications which persons applying first-aid shall possess;
    10. the compilation by employers of health and safety directives in respect of a workplace, the matters to be dealt with in such directives and the manner in which such directives shall be brought to the attention of employees and other persons at such a workplace;
    11. the registration of persons performing hazardous work or using or handling plant or machinery, the qualifications which such persons shall possess and the fees payable to the State in respect of such registration;
    12. the accreditation, functions, duties and activities of approved inspection authorities;
    13. the consultations between an employer and employees on matters of health and safety;
    14. subject to section 36, the provision of information by an employer or user to employees or the public on any matter to which this Act relates;
    15. the conditions under which any employer is prohibited from permitting any person to partake of food or to smoke on or in any premises where a specified activity is carried out;

    16. xvi. the conditions under which the manufacture of explosives and activities incidental thereto may take place;

  3. as to the preventive and protective measures for major hazard installations with a view to the protection of employees and the public against the risk of major incidents;
  4. as to the registration of premises where employees perform any work or where plant or machinery is used and the fee payable to the State in respect of such registration;
  5. whereby provision is made for the continuation of any registration under this Act;
  6. as to the registration of plant and machinery and the fee payable to the State in respect of such registration;
  7. as to the establishment of one or more committees for the administration of a provision of the regulations, the constitution of such committees, the functions of such committees, the procedure to be followed at meetings of such committees, the allowances which may be paid to members of such committees from money appropriated by Parliament for such purpose and the person by whom such allowances shall be fixed;
  8. prescribing the records to be kept and the returns to be rendered by employers and users and the person or persons to whom such returns shall be rendered;
  9. as to the designation and functions of health and safety representatives and health and safety committees and the training of health and safety representatives;
  10. as to the activities of self-employed persons; and
  11. as to any other matter the regulation of which is in the opinion of the Minister necessary or desirable for the effective carrying out of the provisions of this Act.

2) No regulation shall be made by the Minister except after consultation with the Council, and no regulation relating to State income or expenditure or to any health matter shall be made by the Minister except after consultation also with the Minister of State Expenditure and the Minister for National Health and Welfare, respectively.

3) In making regulations the Minister may apply any method of differentiation that he may deem advisable: Provided that no differentiation on the basis of race or colour shall be made.

4) A regulation may in respect of any contravention thereof or failure to comply therewith prescribe a penalty of a fine, or imprisonment for a period not exceeding 12 months, and, in the case of a continuous offence, not exceeding an additional fine of R200 or additional imprisonment of one day for each day on which the offence continues: Provided that the period of such additional imprisonment shall not exceed 90 days.

5) A regulation made under section 35 of the Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), which was in force immediately prior to the commencement of this Act and which could have been made under this section, shall be deemed to have been made under this section.

44. Incorporation of health and safety standards in regulations

1) The Minister may by notice in the Gazette incorporate in the regulations any health and safety standard or part thereof, without stating the text thereof, by mere reference to the number, title and year of issue of that health and safety standard or to any other particulars by which that health and safety standard is sufficiently identified.

2) No health and safety standard shall be incorporated in the regulations except after consultation with the Council.

3) Any health & safety standard incorporated in the regulations under subsection (1) shall for the purposes of this Act, in so far as it is not repugnant to any regulation made under section 43, be deemed to be a regulation, but not before the expiry of two months from the date of incorporation thereof.

4) Whenever any health and safety standard is at any time after the incorporation thereof as aforesaid, amended or substituted by the competent authority, the notice incorporating that health and safety standard shall, unless otherwise stated therein, be deemed to refer to that health and safety standard as so amended or substituted, as the case may be.

5) The chief inspector shall keep a register of particulars of every publication in which a health and safety standard incorporated in the regulations under subsection (1), and every amendment or substitution of any such health and safety standard, was published, and also of the place in the Republic where such publication is obtainable or otherwise available for inspection, and he shall make that register or an extract therefrom available free of charge to persons having an interest, for inspection.

6) The provisions of section 31 of the Standards Act, 1993 (Act No. 29 of 1993), shall not apply to any incorporation of a health and safety standard or of any amendment or substitution of a health and safety standard under this section.

7) Any safety standard which was immediately prior to the commencement of this Act incorporated under section 36 of the Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), in the regulations made under that Act, shall be deemed to be a health and safety standard incorporated under this section.

45. Serving of notices

Unless another method is prescribed, a notice under this Act shall be served -

  1. by delivering a copy thereof to the person upon whom it is to be served;
  2. by leaving such a copy at the usual or last known place of residence or business of such a person; or
  3. by sending such a copy by registered post to the usual or last known place of residence or business of such a person.

46. Jurisdiction of Magistrate's Courts

Notwithstanding anything to the contrary contained in any law -

  1. a magistrate's court shall have jurisdiction to impose any penalty or to make any order provided for in this Act;
  2. no magistrate's court shall be competent to pronounce upon the validity of any regulation made under this Act.

47. State bound

This Act shall bind the State.

48. Conflict of Provisions

In so far as any provision of the Explosives Act, 1956 (Act No. 26 of 1956), is repugnant to a provision of this Act the provisions of this Act shall apply.

49. Repeal of Laws

The Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), the Machinery and Occupational Safety Amendment Act, 1989 (Act No. 40 of 1989), and the Machinery and Occupational Safety Amendment Act, 1991 (Act No. 97 of 1991), are hereby repealed.

50. Short title & commencement

1) This Act shall be called the Occupational Health and Safety Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.

2) Different dates may be so fixed in respect of different provisions of this Act.

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