Amended Occupational Health and Safety Act

(1)           Each incident occurring at work or arising out of or in connection with the activities of persons at work, or in connection with the use of plant or machinery, in which, or in consequence of which-

(a)       any person 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 is likely either to die or to suffer a permanent physical defect or likely to be unable for a period of at least 14 days either to work or to continue with the activity for which he was employed or is usually employed;

(b)       a major incident occurred; or

(c)        the health or safety of any person was endangered and where-

(i)             a dangerous substance was spilled;

(ii)           the uncontrolled release of any substance under pressure took place;

(iii)          machinery or any part thereof fractured or failed resulting in flying, falling or uncontrolled moving objects; or

(iv)         machinery ran out of control, shall, within the prescribed period and in the prescribed manner, be reported to an inspector by the employer or the user of the plant or machinery concerned, as the case may be.

(2)           In the event of an incident in which a person died, or was injured to such an extent that he is likely to die, or suffered the loss of a limb or part of a limb, no person shall without the consent of an inspector disturb the site at which the incident occurred or remove any article or substance involved in the incident therefrom: Provided that such action may be taken as is necessary to prevent a further incident, to remove the injured or dead, or to rescue persons from danger.

(3)           The provisions of subsections (1) and (2) shall not apply in respect of-

(a)       a traffic accident on a public road;

(b)       an incident occurring in a private household, provided the householder forthwith reports the incident to the South African Police; or

(c)        any accident which is to be investigated under section 12 of the Aviation Act, 1962 (Act No. 74 of 1962).

(4)           A member of the South African Police to whom an incident was reported in terms of subsection (3) (b), shall forthwith notify an inspector thereof.