Loi n° 85 de 1993 sur la santé et la sécurité au travail Copy

Occupational Health and Safety Act No. 85 of 19931

The Act applies to all employers and self-employed persons. The OHS Act, provides for the health and safety of people at work or in connection with the use of equipment, products, chemicals, substances, and machinery. The act further provides for the protection of people other than workers from hazards arising out of or in connection with the activities of the industry. The OHS Act requires that employers and employees identify hazards and eliminate, control, and minimise risks arising for work and enforce employee participation in matters of health and safety.

The Driven Machinery Regulations17 (DMR) published on 24th June 2015 in Government Gazette No.38905 aims at protecting employees against the dangers associated with the use of driven machinery – special note is made in these regulations for grinders. This regulation does not apply to portable electrical grinders.
The Hazardous Chemical Agents Regulations18 (HCAR) published on 29th March 2021 in Government Gazette No.44348 protect employees against the dangers associated with HCA at the workplace including the manufacture, importing, supply and sale of chemicals. This regulation does not apply to the Lead Regulations or Asbestos Abatement Regulations.
The Hazardous Biological Agents Regulations19 (HBAR) published on 27th December 2001 in Government Gazette No.22956 protect employees against the dangers associated with HBA at the workplace including the production, processing, use, handling, storage, and transportation of HBA.

All of these regulations outline the following points:

Information and training must be given to all employees involved
Potential exposures should be monitored in at least two-yearly intervals
Medical surveillance systems should be established and maintained
Eye hazard zones need to be demarcated
Exposure to hazards should be prevented or adequately controlled
Records need to be kept for 40 years
Eye protective equipment must be provided by the employer
Offences and penalties for not following the prescribed actions

In addition to the DM regulations, the National Code of Practice (COP) for the Evaluation of Training Providers for Lifting Machine Operators2 published on 24th June 2015 in Government Gazette No.38904 provides clarity and direction to all stakeholders directly or indirectly related to the accreditation and provision of training to lifting machine /equipment operators in South Africa. This COP provides direction regarding the foundation for the training of all lifting machine /equipment operators with the objective of ensuring standardised training, and safety standards that will impact directly on reducing the risk of injury /death to employees /persons or damage to plant and equipment, inherent in all driven machinery operations and especially when loads are lifted or transported. In terms of the COP

A declaration or certificate from the employer confirming the medical fitness of the learner to undergo the intended training.
An eye test result issued by a person trained to carry out such tests must confirm that the learner has adequate day and night vision, and depth perception.
A valid Professional Driver’s Permit (PRDP/PDP) can be accepted in lieu of eye test results.
Operators must wear the required personal protective equipment as prescribed by the employer.