Amended Occupational Health and Safety Act

(1)           In this Act, unless the context otherwise indicates-

"accident" means an accident arising out of and in the course of an employee's employment and resulting in a personal injury, illness or the death of the employee;(xxiv)

"approved inspection authority" means an inspection authority approved by the chief inspector: Provided that an inspection authority approved by the chief inspector with respect to any particular service shall be an approved inspection authority with respect to that service only;

"biological monitoring" means a planned programme of periodic collection and analysis of body fluid, tissues, excreta or exhaled air in order to detect and quantify the exposure to or absorption of any substance or organism by persons;

"building" includes-

(a)       any structure attached to the soil;

(b)       any building or such structure or part thereof which is in the process of being erected; or

(c)        any prefabricated building or structure not attached to the soil;

"chief executive officer", in relation to a body corporate or an enterprise conducted by the State, means the person who is responsible for the overall management and control of the business of such body corporate or  enterprise;

"chief inspector" means the officer designated under section 27 as chief inspector, and includes any officer acting as chief inspector;

"Council" means the Advisory Council for Occupational Health and Safety established by section 2;

"danger" means anything which may cause injury or damage to persons or property;

"Department" means the Department of Manpower;

"employee" means, subject to the provisions of subsection (2), any person who is employed by or works for an employer and who receives or is entitled to receive any remuneration or who works under the direction or supervision of an employer or any other person;

"employer" means, subject to the provisions of subsection (2), any person who employs or provides work for any person and remunerates that person or expressly or tacitly undertakes to remunerate him, but excludes a labour broker as defined in section I (1) of the Labour Relations Act, 1956 (Act No. 28 of 1956);

"employers' organization" means an employers' organization as defined in section 1 of the Labour Relations Act, 1956 (Act No. 28 of 1956);

"employment" or "employed" means employment or employed as an employee;

"explosives" means any substance or article as listed in Class 1: Explosives in the South African Bureau of Standards Code of Practice for the Identification and Classification of Dangerous Substances and Goods, SABS    0228;

"hazard" means a source of or exposure to danger;

"health and safety committee" means a committee established under section 19;

"health and safety equipment" means any article or part thereof which is manufactured, provided or installed in the interest of the health or safety of any person;

"health and safety representative" means a person designated in terms of section 17 (1);

"health and safety standard" means any standard, irrespective of whether or not it has the force of law, which, if applied for the purposes of this Act, will in the opinion of the Minister promote the attainment of an object of    this Act;

"healthy" means free from illness or injury attributable to occupational causes;

"incident" means an incident as contemplated in section 24 (1);

"industrial court" means the industrial court referred to in section 17 of the Labour Relations Act, 1956 (Act No. 28 of 1956);

"inspection authority" means any person who with the aid of specialized knowledge or equipment or after such investigations, tests, sampling or analyses as he may consider necessary, and whether for reward or otherwise, renders a service by making special findings, purporting to be objective findings, as to-

(a)       the health of any person;

(b)       the safety or risk to health of any work, article, substance, plant or machinery, or of any condition prevalent on or in any premises; or

(c)        the question of whether any particular standard has been or is being complied with, with respect to any work, article, substance, plant or machinery, or with respect to work or a condition prevalent on or in any premises, or with respect to any other matter, and by issuing a certificate, stating such findings, to the person to whom the service is rendered;

"inspector" means a person designated under section 28;

"listed work" means any work declared to be listed work under section II;

"local authority" means-

(a)       any institution or body contemplated in section 84 (1) (f) of the Provincial Government Act, 1961 (Act No. 32 of 1961);

(b)       any regional services council established under section 3 of the Regional Services Councils Act, 1985 (Act No. 109 of 1985);

(c)        any other institution or body or the holder of any office declared by the Minister by notice in the Gazette to be a local authority for the purposes of this Act;

"machinery" means any article or combination of articles assembled, arranged or connected and which is used or intended to be used for converting any form of energy to performing work, or which is used or intended to be used, whether incidental thereto or not, for developing, receiving, storing, containing, confining, transforming, transmitting, transferring or controlling any form of energy;

"major hazard installation" means an installation-

(a)       where more than the prescribed quantity of any substance is or may be kept, whether permanently or temporarily; or

(b)       where any substance is produced, processed, used, handled or stored in such a form and quantity that it has the potential to cause a major incident;

"major incident" means an occurrence of catastrophic proportions, resulting from the use of plant or machinery, or from activities at a workplace;

"mandatary" includes an agent, a contractor or a subcontractor for work, but without derogating from his status in his own right as an employer or a user;

"medical surveillance" means a planned programme or periodic examination (which may include clinical examinations, biological monitoring or medical tests) of employees by an occupational health practitioner or, in prescribed cases, by an occupational medicine practitioner;

"Minister" means the Minister of Manpower;

"occupational health" includes occupational hygiene, occupational medicine and biological monitoring;

"occupational health practitioner" means an occupational medicine practitioner or a person who holds a qualification in occupational health recognized as such by the South African Medical and Dental Council as    referred to in the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), or the South African Nursing Council as referred to in the Nursing Act, 1978 (Act No. 50 of 1978);

"occupational hygiene" means the anticipation, recognition, evaluation and control of conditions arising in or from the workplace, which may cause illness or adverse health effects to persons;

"occupational medicine" means the prevention, diagnosis and treatment of illness, injury and adverse health effects associated with a particular type of work;

"occupational medicine practitioner" means a medical practitioner as defined in the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), who holds a qualification in occupational medicine or an equivalent qualification which qualification or equivalent is recognized as such by the South African Medical and Dental Council referred to in the said Act;

"office" means an office as defined in section 1 (1) of the Basic Conditions of Employment Act, 1983 (Act No. 3 of 1983);

"officer" means an officer or employee as defined in section 1 (1) of the Public Service Act, 1984 (Act No. 111 of 1984);

"organism" means any biological entity which is capable of causing illness to persons;

"plant" includes fixtures, fittings, implements, equipment, tools and appliances, and anything which is used for any purpose in connection with such plant;

"premises" includes any building, vehicle, vessel, train or aircraft; "prescribed" means prescribed by regulation;

"properly used" means used with reasonable care, and with due regard to any information, instruction or advice supplied by the designer, manufacturer, importer, seller or supplier;

"reasonably practicable" means practicable having regard to-

(a)       the severity and scope of the hazard or risk concerned;

(b)       the state of knowledge reasonably available concerning that hazard or risk and of any means of removing or mitigating that hazard or risk;

(c)        the availability and suitability of means to remove or mitigate that hazard or risk; and

(d)       the cost of removing or mitigating that hazard or risk in relation to the benefits deriving therefrom;

"regulation" means a regulation made under section 43;

"remuneration" means any payment in money or in kind or both in money and in kind, made or owing to any person in pursuance of such person's employment;

"risk" means the probability that injury or damage will occur;

"safe" means free from any hazard;

"sell" includes-

(a)       offer or display for sale or import into the Republic for sale; or

(b)       exchange, donate, lease or offer or display for leasing;

"shop" means a shop as defined in section I (1) of the Basic Conditions of Employment Act, 1983 (Act No. 3 of 1983);

"standard" means any provision occurring-

(a)      in a specification, compulsory specification, code of practice or standard method as defined in section I of the Standards Act, 1993 (Act No. 29 of 1993); or

(b)      in any specification, code or any other directive having standardization as its aim and issued by an institution or organization inside or outside the Republic which, whether generally or with respect to any particular article or matter and whether internationally or in any particular country or territory, seeks to promote standardization;

"substance" includes any solid, liquid, vapour, gas or aerosol, or combination thereof;

"this Act" includes any regulation;

"trade union" means a trade union as defined in section 1 of the Labour Relations Act, 1956 (Act No. 28 of 1956);

"user", in relation to plant or machinery, means the person who uses plant or machinery for his own benefit or who has the right of control over the use of plant or machinery, but does not include a lessor of, or any person employed in connection with, that plant or machinery;

"work" means work as an employee or as a self-employed person, and for such purpose an employee is deemed to be at work during the time that he is in the course of his employment, and a self-employed person is deemed to be at work during such time as he devotes to work as a self-employed person;

"workplace" means any premises or place where a person performs work in the course of his employment.

(2)           The Minister may by notice in the Gazette declare that a person belonging to a category of persons specified in the notice shall for the purposes of this Act or any provision thereof be deemed to be an employee, and thereupon any person vested and charged with the control and supervision of the said   person shall for the said purposes be deemed to be the employer of such person.

(3)           This Act shall not apply in respect of-

(a)       a mine, a mining area or any works as defined in the Minerals Act, 1991 (Act No. 50 of 1991), except in so far as that Act provides otherwise;

(b)       any load line ship (including a ship holding a load line exemption certificate), fishing boat, sealing boat and whaling boat as defined in section 2 (1) of the Merchant Shipping Act, 1951 (Act No. 57 of 1951), or any floating crane, whether or not such ship, boat or crane is in or out of the water within any harbour in the Republic or within the territorial waters thereof, (Date of commencement of para. (b) to be proclaimed.)  or in respect of any person present on or in any such mine, mining area, works, ship, boat or crane.