Amended Occupational Health and Safety Act
21. General prohibitions
21. General prohibitions
(1) The
Minister may by notice in the Gazette declare-
(a) that no employer shall
require or permit any employee belonging to a category of employees
specified in the notice to perform work on or in any premises on or in
which an activity specified in the notice is carried out which in the
opinion of the Minister is an activity which threatens or is likely to
threaten the health or safety of an employee belonging to that category
of employees, or that no employer shall require or permit any such
employee to perform any work on or in such premises otherwise than on
the conditions specified in the notice;
(b) that no employer shall
require or permit any employee to perform any work in connection with
the carrying out of a process specified in the notice which in the
opinion of the Minister is a process which threatens or is likely to
threaten the health or safety of an employee, or that no employer shall
require or permit an employee to perform any work in connection with
the carrying out of such a process otherwise than on the conditions
specified in the notice; and
(c) that no employer shall
require or permit any employee, otherwise than on the conditions
specified in the notice, to perform any work on or in any premises
where an article or substance specified in the notice is produced,
processed, used, handled, stored or transported which in the opinion of
the Minister is an article or substance which threatens or is likely to
threaten the health or safety of an employee.
(2) (a)
The Minister shall, before he publishes a notice under subsection (1),
cause a draft of his proposed notice to be published in the Gazette and
at the same time invite interested persons to submit to him in writing,
within a specified period, comments and representations in connection
with the proposed notice.
(b) The provisions of paragraph (a) shall not apply if the Minister, in
pursuance of comments and representations received, decides to publish
the notice referred to in subsection (1) in an amended form.
(3) A
notice under subsection (1) may at any time be amended or withdrawn by
like notice.
(4) A
notice shall not be issued under subsection (1) or (3) unless the
Minister for National Health and Welfare and the Council have been
consulted.
(5) A
notice issued or deemed to have been issued under section 13 of the
Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), and
which was in force immediately prior to the commencement of this Act,
shall be deemed to have been issued under this section.
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