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Related documents
- Is amended by Labour Relations Act, 1995
- Is amended by Occupational Health and Safety Amendment Act, 1993
- Is commenced by Occupational Health and Safety Act, 1993: Commencement
South Africa
Occupational Health and Safety Act, 1993
Act 85 of 1993
- Published in Government Gazette 14918 on 2 July 1993
- Assented to on 23 June 1993
- Commenced on 1 January 1994 by Occupational Health and Safety Act, 1993: Commencement
- [This is the version of this document from 11 November 1996.]
- [Amended by Occupational Health and Safety Amendment Act, 1993 (Act 181 of 1993) on 1 January 1994]
- [Amended by Labour Relations Act, 1995 (Act 66 of 1995) on 11 November 1996]
1. Definitions
2. Establishment of Advisory Council for Occupational Health and Safety
There is hereby established an Advisory Council for Occupational Health and Safety.3. Functions of Council
4. Constitution of Council
5. Period of office and remuneration of members of Council
6. Establishment of technical committees of Council
7. Health and safety policy
8. General duties of employers to their employees
9. General duties of employers and self-employed persons to persons other than their employees
10. General duties of manufacturers and others regarding articles and substances for use at work
11. Listed work
12. General duties of employers regarding listed work
13. Duty to inform
Without derogating from any specific duty imposed on an employer by this Act, every employer shall—14. General duties of employees at work
Every employee shall at work—15. Duty not to interfere with, damage or misuse things
No person shall intentionally or recklessly interfere with, damage or misuse anything which is provided in the interest of health or safety.[section 15 substituted by section 3 of Act 181 of 1993]16. Chief executive officer charged with certain duties
17. Health and safety representatives
18. Functions of health and safety representatives
19. Health and safety committees
20. Functions of health and safety committees
21. General prohibitions
22. Sale of certain articles prohibited
Subject to the provisions of section 10(4), if any requirement (including any health and safety standard) in respect of any article, substance, plant, machinery or health and safety equipment or for the use or application thereof has been prescribed, no person shall sell or market in any manner whatsoever such article, substance, plant, machinery or health and safety equipment unless it complies with that requirement.23. Certain deductions prohibited
No employer shall in respect of anything which he is in terms of this Act required to provide or to do in the interest of the health or safety of an employee, make any deduction from any employee’s remuneration or require or permit any employee to make any payment to him or any other person.[section 23 substituted by section 6 of Act 181 of 1993]24. Report to inspector regarding certain incidents
25. Report to chief inspector regarding occupational disease
Any medical practitioner who examines or treats a person for a disease described in the Second Schedule to the Workmen’s Compensation Act, 1941 (Act No. 30 of 1941), or any other disease which he believes arose out of that person’s employment, shall within the prescribed period and in the prescribed manner report the case to the person’s employer and to the chief inspector, and inform that person accordingly.[section 25 substituted by section 7 of Act 181 of 1993]26. Victimization forbidden
27. Designation and functions of chief inspector
28. Designation of inspectors by Minister
29. Functions of inspectors
30. Special powers of inspectors
31. Investigations
32. Formal inquiries
33. Joint inquiries
34. Obstruction of investigation or inquiry or presiding inspector or failure to render assistance
No person shall, in relation to any investigation or inquiry held in terms of section 31 or 32—35. Appeal against decision of inspector
36. Disclosure of information
No person shall disclose any information concerning the affairs of any other person obtained by him in carrying out his functions in terms of this Act, except—37. Acts or omissions by employees or mandataries
38. Offences, penalties and special orders of court
39. Proof of certain facts
40. Exemptions
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
43. Regulations
44. Incorporation of health and safety standards in regulations
45. Serving of notices
Unless another method is prescribed, a notice under this Act shall be served—46. Jurisdiction of magistrates’ courts
Notwithstanding anything to the contrary contained in any law—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 and commencement
History of this document
11 November 1996 this version
Amended by
Labour Relations Act, 1995
01 January 1994
02 July 1993
23 June 1993
Assented to
Cited documents 4
Act 4
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Documents citing this one 978
Gazette 891
By-law 43
Judgment 29
Government Notice 8
Act 7
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7. | Western Cape Health Care Waste Management Act |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Explosives Regulations, 2024 | Government Notice R5048 of 2024 | 23 July 2024 |
Explanatory notes to the Regulations for Hazardous Biological Agents, 2022 | Government Notice R1887A of 2022 | 16 March 2022 |
Regulations for Hazardous Biological Agents, 2022 | Government Notice R1887 of 2022 | 16 March 2022 |
Regulations for Hazardous Chemical Agents, 2020 | Government Notice R280 of 2021 | 29 March 2021 |
General Safety Regulations: Amendment | Government Notice R1010 of 2003 | 18 July 2003 |
General Safety Regulations: Amendment | Government Notice R928 of 2003 | 25 June 2003 |
General Safety Regulations: Amendment | Government Notice R3167 of 1992 | 20 November 1992 |
General Safety Regulations: Amendment | Government Notice R1791 of 1988 | 9 September 1988 |
General Safety Regulations, 1986 | Government Notice R1031 of 1986 | 9 September 1988 |
General Safety Regulations: Amendment | Government Notice R433 of 1986 | 20 June 1986 |