Title Page
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Conducted on
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Prepared by
Area to be inspected
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- HAZARD IDENTIFICATION
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Hazard identified/ violation
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Photo of transgression
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Hazard classification
- This hazard would have an injury implication and lead to loss of man hours, personal injury or even death
- This hazard would have a financial implication on replacement costs, insurance costs or improvement costs
- This hazard would have a productivity implication on impacting productivity negatively
- This hazard would have an environmental implication impacting the environment negatively leading to a potential loss of business and fines
- This would have a reputational impact and impact negatively on the company's reputation leading to potential loss of business
- This hazard would have minimal impact on the operation
- None
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Severity of hazard
- 5. Multiple serious injuries or fatalities
- 4. Serious injuries
- 3. Mild injuries
- 2. Minor injuries, first aid
- 1. Negligible injuries with minimal to no medical attention
- 0. No injuries
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Probability of hazard
- 6. Hazard is present after asking for it to be removed
- 5. Hazard is permanently present
- 4. Hazard arises once a week
- 3. Hazard arises once a month
- 2. Hazard arises once a year
- 1. Hazard is negligible of current risk to the area
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Legislative reference to the hazard
- OCCUPATIONAL HEALTH AND SAFETY ACT (85 of 1993)
- 8. GENERAL DUTIES OF EMPLOYERS TO THEIR EMPLOYEES
- 8(1)Every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of his employees.
- 8(2) Without derogating from the generality of an employer's duties under subsection (1), the matters to which those duties refer include in particular:
- 8(2)(a) the provision and maintenance of systems of work, plant and machinery that, as far as is reasonably practicable, are safe and without risks to health.
- 8(2)(b) taking such steps as may be reasonably practicable to eliminate or mitigate any hazard or potential hazard to the safety or health of employees, before resorting to personal protective equipment.
- 8(2)(c) making arrangements for ensuring, as far as is reasonably practicable, the safety and absence of risks to health in connection with the production, processing, use, handling, storage or transport of articles or substances.
- 8(2)(d) establishing, as far as is reasonably practicable, what hazards to the health or safety of persons are attached to any work which is performed, any article or substance which is produced, processed, used, handled, stored or transported and any plant or machinery which is used in his business, and he shall, as far as is reasonably practicable, further establish what precautionary measures should be taken with respect to such work, article, substance, plant or machinery in order to protect the health and safety of persons, and he shall provide the necessary means to apply such precautionary measures.
- 8(2)(e) providing such information, instructions, training and supervision as may be necessary to ensure, as far as is reasonably practicable, the health and safety at work of his employees.
- 8(2)(f) as far as is reasonably practicable, not permitting any employee to do any work or to produce, process, use, handle, store or transport any article or substance or to operate any plant or machinery, unless the precautionary measures contemplated in paragraphs (b) and (d), or any other precautionary measures which may be prescribed, have been taken.
- 8(2)(g) taking all necessary measures to ensure that the requirements of this Act are complied with by every person in his employment or on premises under his control where plant or machinery is used.
- 8(2)(h) enforcing such measures as may be necessary in the interest of health and safety.
- 8(2)(j) causing all employees to be informed regarding the scope of their authority as contemplated in section 37(1)(b).
- 9. GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS TO PERSONS OTHER THAN THEIR EMPLOYEES
- 9(1) Every employer shall conduct his undertaking in such a manner as to ensure, as far as is reasonably practicable, that persons other than those in his employment who may be directly affected by his activities are not thereby exposed to hazards to their health or safety.
- 10. GENERAL DUTIES OF MANUFACTURERS AND OTHERS REGARDING ARTICLES AND SUBSTANCES FOR USE AT WORK
- 10(2) Any person who erects or installs any article for use at work on or in any premises shall ensure, as far as is reasonably practicable, that nothing about the manner in which it is erected or installed makes it unsafe or creates a risk to health when properly used.
- 14. GENERAL DUTIES OF EMPLOYEES AT WORK: every employee shall at work:
- 14(a) take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions.
- 14(b) as regards any duty or requirement imposed on his employer or any other person by this Act, co-operate with such employer or person to enable that duty or requirement to be performed or complied with.
- 14(c) carry out any lawful order given to him, and obey the health and safety rules and procedures laid down by his employer or by anyone authorized thereto by his employer, in the interest of health or safety.
- 14(d) if any situation which is unsafe or unhealthy comes to his attention, as soon as practicable report such situation to his employer, or to the health & safety representative for his workplace or section thereof, as the case may be, who should report it to the employer.
- 15. DUTY NOT TO INTERFERE, 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.
- 16. CHIEF EXECUTIVE OFFICER CHARGED WITH CERTAIN DUTIES
- 16(1) Every chief executive officer shall as far as is reasonably practicable ensure that the duties of his employer as contemplated in this Act are properly discharged.
- 16(2) Without derogating from his responsibility or liability in terms of subsection (1), a chief executive officer may assign any duty contemplated in the said subsection, to any person under his control, which person shall act subject to the control and directions of the chief executive officer.
- 17. HEALTH AND SAFETY REPRESENTATIVES
- 18. FUNCTIONS OF HEALTH AND SAFETY RESPRESENTATIVES
- 18(1) A health & safety representative may perform the following functions in respect of the workplace or section of the workplace for which he has been designated, namely:
- 18(1)(a) review the effectiveness of health and safety measures.
- 18(1)(b) identify potential hazards and potential major incidents at the workplace.
- 18(1)(c) in collaboration with his employer, examine the causes of incidents at the workplace.
- 18(1)(d) investigate complaints by any employee relating to that employee's health or safety at work.
- 18(1)(e) make representations to the employer or a health and safety committee on matters arising from paragraphs (a), (b), (c) or (d), or where such representations are unsuccessful, to an inspector.
- 18(1)(f) make representations to the employer on general matters affecting the health or safety of the employees at the workplace.
- 18(1)(g) inspect the workplace, including any article, substance, plant, machinery or health and safety equipment at that workplace with a view to the health and safety of employees, at such intervals as may be agreed upon with the employer: Provided that the health and safety representative shall give reasonable notice of his intention to carry out such an inspection to the employer, who may be present during the inspection.
- 18(1)(h) participate in consultations with inspectors at the workplace and accompany inspectors on inspections of the workplace.
- 18(1)(j) in his capacity as a health and safety representative attend meetings of the health and safety committee of which he is a member, in connection with any of the above functions.
- 18(2) A health and safety representative shall, in respect of the workplace or section of the workplace for which he has been designated be entitled to:
- 18(2)(a) visit the site of an incident at all reasonable times and attend any inspection in loco.
- 18(2)(b) attend any investigation or formal inquiry held in terms of this Act.
- 18(2)(c) in so far as is reasonably necessary for performing his functions, inspect any document which the employer is required to keep in terms of this Act.
- 18(2)(d) accompany an inspector on any inspection.
- 18(2)(e) with the approval of the employer (which approval shall not be unreasonably withheld) , be accompanied by a technical adviser, on any inspection.
- 18(2)(f) participate in any internal health or safety audit.
- 20. FUNCTIONS OF HEALTH AND SAFETY COMMITTEES
- 20(1)(a) may make recommendations to the employer or, where the recommendations fail to resolve the matter, to an inspector regarding any matter affecting the health or safety of persons at the workplace or any section thereof for which such committee has been established.
- 20(1)(b) shall discuss any incident at the workplace or section thereof in which or in consequence of which any person was injured, became ill or died, and may in writing report on the incident to an inspector.
- 20(1)(c) shall perform such other functions as may be prescribed.
- 20(2) A health and safety committee shall keep record of each recommendation made to an employer in terms of subsection (1)(a) and of any report made to an inspector in terms of subsection (1)(b).
- 20(3) A health and safety committee or a member thereof shall not incur any civil liability by reason of the fact only that it or he failed to do anything which it or he may or is required to do in terms of this Act.
- 20(4) An employer shall take the prescribed steps to ensure that a health and safety committee complies with the provisions of section 19(4) and performs the duties assigned to it by subsections (1) and (2).
- DRIVEN MACHINERY REGULATIONS
- 2. REVOLVING MACHINERY
- Unless moving or revolving components of machinery are in such a position or of such construction that they are as safe as they would be if they were securely fenced or guarded, the user shall cause:
- 2(a) every shaft, pulley, wheel, gear, sprocket, coupling, collar, clutch, friction drum or similar object to be securely fenced or guarded.
- 2(b) every set screw, key or bolt on revolving shafts, couplings, collars, friction drums, clutches, wheels, pulleys, gears and the like to be countersunk, enclosed or otherwise guarded.
- 2(c) every square projecting shaft or spindle end and every other shaft or spindle end which projects for more than a quarter of its diameter to be guarded by a cap or shroud.
- 2(d) every driving belt, rope or chain to be guarded.
- 2(e) the underside of every overhead driving belt, rope or chain above passages or workplaces to be so guarded as to prevent a broken belt, rope or chain from falling and so injuring persons: Provided that the provisions of this paragraph shall not apply where in the opinion of an inspector no danger exists in the case of light belts due to the nature thereof and the speed of operation.
- 3. CIRCULAR SAWS
- 3(1) No user shall require or permit any person to operate a power-driven circular saw:
- 3(1)(a) at a speed in excess of the manufacturer's rated maximum speed for the saw blade.
- 3(1)(b). the saw blade of which is in any way damaged or which is dull or not regular or not correctly sharpened and set.
- 3(2) The user of a power-driven bench saw shall cause:
- 3(2)(a) the saw blade to be effectively guarded below the table.
- 3(2)(b) the part of the saw blade above the table to be covered by a substantial guard which shall cover the saw at all times to at least the depth of the teeth and which shall automatically adjust itself to the thickness of and remain in contact with the material being cut: Provided that where such a guard is impracticable, the top of the saw shall be covered by a strong manually adjustable guard which shall be adjusted to extend downwards to a point as near as practicable to the cutting point of the saw: Provided further that in the case of a breakdown saw, the guard shall effectively cover the top of the saw blade.
- 3(3) The user shall cause every power-driven circular saw which is used for ripping wood to be provided with a riving knife which shall:
- 3(3)(a) be placed as close as practicable to the saw blade but not more than 12 mm behind it, and in a direct line with the saw teeth at the level of the bench table.
- 3(3)(b) have the edge nearest the saw in the form of an arc of a circle which shall have a radius not exceeding the radius of the largest saw blade which can be used on the bench by more than 3 mm.
- 3(3)(c) extend to a height above the table to within 5 mm of the top of the saw blade.
- 3(3)(d) have a smooth surface and which shall be strong, rigid and easily adjustable.
- 3(4) The user shall cause every tilting saw or tilting table saw to be so arranged that the adjustment of the riving knife and the guard remains effective with any position of the saw or table.
- 5. The user shall:
- 5(a) cause a suitable push stick to be kept available at every bench saw which is fed by hand, to enable work to be carried out without danger to persons.
- 5(b) provide suitable mechanical means for holding rough timber which is to be slabbed on a bench saw.
- 5(c) provide an effective guard for the automatic feed rollers of every bench saw equipped with such rollers.
- 6. The user shall cause every swing or radial saw which is moved towards the material:
- 6(a) to be guarded so that only the cutting portion of the saw blade is exposed.
- 6(b) to be arranged in such a manner that the saw will automatically move away from the cutting position when it is released.
- 6(c) to be fitted with a device which will oppose the thrust or tendency of the saw to pick up the timber or to throw the timber back at the operator when such saw is used for ripping timber.
- 7. The user of a portable power-driven circular saw shall provide:
- 7(a) a fixed guard above the slide or shoe, which shall cover the saw blade to at least the depth of the teeth.
- 7(b) a guard which shall automatically cover the portion of the saw blade below the slide or shoe while sawing is not actually being done.
- 4. BAND SAWS AND BAND KNIVES
- The user shall cause all moving parts, except the working portion of the blade at the point of operation, of every band saw or band knife to be effectively guarded.
- 5. WOOD PLANNING MACHINES
- 5(1) The user shall cause every wood planning machine which is used for overhand planning and which is not mechanically fed to be fitted with a cylindrical cutter block.
- 5(2) The user shall cause every planning machine used for overhand planning to be provided with a bridge guard which is capable of covering the full length and breadth of the cutting slot in the table and which can easily be adjusted in a vertical and horizontal direction.
- 5(3) No user shall require or permit any planning machine which is not mechanically fed to be used for the overhand planning of any piece of wood which is less than 300 mm long, unless a safe holder is used for such a piece of wood: Provided that this subregulation shall not apply to the planning of the edges of flat pieces of wood.
- 5(4) The user shall provide an effective guard for the feed roller of every planning machine used for thickness, except in the case of the combined machine for overhand planning and thickness.
- 7. SANDING MACHINES
- The user shall cause every:
- 7(a) drum sanding machine to be provided with effective guards so arranged as to completely enclose the revolving drum except such portion as is necessary for the performance of the work.
- 7(b) disc sanding machine to be provided with suitable guards which shall completely enclose the periphery and back of the sanding disc and that portion of the working face of the disc under the table.
- 7(c) belt sanding machine to be provided with guards at the trap points where the sanding belt runs onto its pulleys and cause any section of the belt not used for sanding to be effectively enclosed.
- 8. GRINDING MACHINES
- 8(1) The user of a power-driven grinding machine shall cause such machine to be marked in a conspicuous place with the manufacturer's rated speed or speeds of the spindle in revolutions per minute.
- 8(2) No user shall require or permit a grinding wheel of a power-driven grinding machine to be operated at a speed exceeding that of the manufacturer of such wheel: Provided that a grinding wheel larger than 100 mm in diameter shall only be used if the recommended operating speed therefor is distinctly marked on it.
- 8(3) The user shall cause every grinding wheel of a power-driven grinding machine to be mounted concentrically on the spindle by means of robust metal flanges with annular peripheral bearing surfaces of adequate breadth which shall bear upon the wheel, and a layer of suitable compressible material shall be fitted between the flanges and the wheel: Provided that grinding wheels for specialized application which cannot be fixed by flanges shall be so secured that displacement or rupture of the wheel in motion is eliminated as far as possible.
- 8(4) Having regard to the nature of the work which is performed, the user shall cause every power-driven grinding machine to be provided with a substantial guard which shall enclose the grinding wheel as far as practicable and which shall be of sufficient strength to withstand the force of impact of a rupturing wheel.
- 8(5) Having regard to the nature of the work which is performed, the user shall cause a power-driven grinding machine where the workpiece is applied to the wheel by hand, to be provided with a substantial adjustable work rest, which shall be securely fixed in position and adjusted to within 3 mm from the grinding face of the wheel.
- 8(6) The user shall cause every power-driven grinding machine to be provided with a strong transparent shield which shall be kept adjusted to as to protect the operator's eyes: Provided that such shield may be omitted if every operator of the machine is personally issued with suitable eye protection and is obliged to wear it.
- 8(7) The user shall cause a notice to be posted in a conspicuous place at every power-driven grinding machine, prohibiting persons from carrying out, inspecting or observing grinding work without using suitable eye protection.
- 9. SHEARS, GUILLOTINES, PRESSES
- 9(1) Where the opening at the point of operation of shears, a guillotine or a press is greater than 10 mm, the user shall cause such machine to be provided with:
- 9(1)(a) a fixed guard which prevents hands or fingers reaching through, over, under or around the guard into the point of operation.
- 9(1)(b) a self-adjusting guard which automatically adjusts itself to the thickness of the material being worked and which prevents hands or fingers reaching through, over, under or around the guard into the point of operation.
- 9(1)(c) a manually or automatically operated moving guard which completely encloses the point of operation of such machine and which is so arranged that the working stroke cannot be commenced unless the guard is closed and which cannot be opened unless the ram or blade is stationary.
- 9(1)(d) an automatic sweep-away or push-away which pushes any part of the operator's body out of the danger zone when the working stroke commences.
- 9(1)(e) an electronic presence-sensing device which prevents or arrests a working stroke if it senses that any part of a person's body or any other foreign object is in the danger zone: Provided that the guarding provided in terms of this subregulation shall not in itself create any threat to the safety of persons.
- 9(2) The user may use or permit the use of shears, a guillotine or a press without the guarding contemplated in subregulation (1) if the operating controls to set it in motion require the simultaneous engagement of both hands of all the operators involved in the operation of the machine, and such operating controls: Provided that the operating controls shall be so arranged that they cannot be bypassed.
- 9(2)(a) are situated at such distance from the point of operation that none of the operators has enough time to reach the danger zone with any part of his body before the working stroke is completed.
- 9(2)(b) are so designed that the working stroke will be arrested if any one of the operators removes one of his hands from the controls.
- 9(3) The user shall cause any full-revolution clutch shear, guillotine or press which is fed by hand to be provided with an anti-repeat device.
- CONSTRUCTION REGULATIONS
- 3. NOTIFICATION OF CONSTRUCTION WORK
- 3(1) A principal contractor who intends to carry out any construction work shall:
- 3(1)(a) before carrying out that work, notify the provincial director in writing of the construction work if it includes
- 3(1)(a)(i) the demolition of a structure exceeding a height of 3 meters.
- 3(1)(a)(ii) the use of explosives to perform construction work.
- 3(1)(a)(iii) the dismantling of fixed plant at a height greater than 3 meters.
- 3(b) before carrying out that work, notify the provincial director in writing when the construction work:
- 3(1)(b)(i) exceeds 30 days or will involve more than 300 person days of construction work.
- 3(1)(b)(ii) includes excavation work deeper than 1 meter.
- 3(1)(b)(iii) includes working at a height greater than 3 meters above ground or a landing.
- 3(2) The notification to the provincial director contemplated in subregulation (1) must be done on the form similar to Annexure A to these Regulations.
- 3(3) A principal contractor shall ensure that a copy of the completed form contemplated in subregulation (2) is kept on site for inspection by an inspector, client, client's agent or employee.
- 4. CLIENT
- 4(1) A client shall be responsible for the following in order to ensure compliance with the provisions of the Act:
- 4(1)(a) to prepare a health and safety specifications for the construction work, and provide any principal contractor who is making a bid or appointed to perform construction work for the client with the same.
- 4(1)(b) to promptly provide the principal contractor and his or her agent with any information which might affect the health and safety of any person at work carrying out construction work.
- 4(1)(c) to appoint each principal contractor in writing for the project or part thereof on a construction site.
- 4(1)(d) to take reasonable steps to ensure that each principal contractor's health and safety plan as determined in regulation 5(1) is implemented and maintained on the construction site: Provided that the steps taken, shall include periodic audits at intervals mutually agreed upon between the client and principal contractor, but at least once every month.
- 4(1)(e) to stop any contractor from executing construction work, which is not in accordance with, the principal contractor's health and safety plan contemplated in regulation 5(1) for the site or which poses a threat to the health and safety of persons.
- 4(1)(f) to ensure that where changes are brought about to the design or construction, sufficient health and safety information and appropriate resources are made available to the principal contractor to execute the work safely.
- 4(1)(g) to ensure that every principal contractor is registered and in good standing with the compensation fund or with a licensed compensation insurer prior to work commencing on site.
- 4(1)(h) to ensure that potential principal contractors submitting tenders, have made provision for the cost of health and safety measures during the construction process.
- 4(2) A client shall discuss and negotiate with the principal contractor the contents of the health and safety plan contemplated in regulation 5(1) and thereafter finally approve the health and safety plan for implementation.
- 4(3) A client shall ensure that a copy of the principal contractor’s health and safety plan is available on request to an employee, inspector or contractor.
- 4(4) No client shall appoint a principal contractor to perform construction work, unless the client is reasonably satisfied that the principal contractor which he or she intends to appoint has the necessary competencies and resources to carry out the work safely.
- 4(5) A client may appoint an agent in writing to act as his or her representative and where such an appointment is made, the responsibilities as are imposed by these regulations upon a client, shall as far as reasonably practicable apply to the agent so appointed.
- 4(6) No client shall appoint any person as an agent, unless the client is reasonably satisfied that the person he or she intends to appoint has the necessary competencies and resources to perform the duties imposed on a client by these regulations.
- 5. PRINCIPAL CONTRACTOR AND CONTRACTOR
- 5(1) A principal contractor shall provide and demonstrate to the client a suitable and sufficiently documented health and safety plan, based on the client’s documented health and safety specifications contemplated in regulation 4(1)(a), which shall be applied from the date of commencement of and for the duration of the construction work.
- 5(2) A principal contractor shall take reasonable steps as are necessary to ensure co-operation between all contractors to enable each of those contractors to comply with the provisions of these regulations.
- 5(3) A principal contractor shall be responsible for the following in order to ensure compliance with the provisions of the Act:
- 5(3)(a) to provide any contractor who is making a bid or appointed to perform construction work for the principal contractor, with the relevant sections of the health and safety specifications Contemplated in regulation 4(1)(a) pertaining to the construction work which has to be performed.
- 5(3)(b) to appoint each contractor contemplated in paragraph (a) in writing for the part of the project on a construction site.
- 5(3)(c) to take reasonable steps to ensure that each contractor’s health and safety plan contemplated in subregulation (4) is implemented and maintained on the construction site: Provided that the steps taken shall include periodic audits at intervals mutually agreed upon between the principal contractor and contractor(s), but at least once every month.
- 5(3)(d) to stop any contractor from executing construction work, which is not in accordance with, the principal contractor’s and/or contractor’s health and safety plan for the site or which poses a threat to the health and safety of persons.
- 5(3)(e) to ensure that where changes are brought about to the design and construction, sufficient health and safety information and appropriate resources are made available to the contractor to execute the work safely.
- 5(3)(f) to ensure that every contractor is registered and in good standing with the compensation fund or with a licensed compensation insurer prior to work commencing on site.
- 5(3)(g) to ensure that potential contractors submitting tenders have made provision for the cost of health and safety measures during the construction process.
- 5(4) A contractor shall provide and demonstrate to the principal contractor a suitable and sufficiently documented health and safety plan, based on the relevant sections of the principal contactor’s health and safety specification contemplated in regulation 5(3)(a) provided by the principal contractor, which plan shall be applied from the date of commencement of and for the duration of the construction work.
- 5(5) A principal contractor shall discuss and negotiate with the contractor the contents of the health and safety plan contemplated in subregulation (4), and shall finally approve that plan for implementation.
- 5(6) A principal contractor shall ensure that a copy of his or her health and safety plan contemplated in subregulation (1), as well as the contractor’s health and safety plan contemplated in subregulation (4), is available on request to an employee, inspector, contractor, client or client’s agent.
- 5(7) Every contractor shall ensure that a health and safety file; which shall include all documentation required in terms of the provisions of the Act and these Regulations, is opened and kept on site and made available to an inspector, client, clients agent or principal contractor upon request.
- 5(8) A principal contractor shall hand over a consolidated health and safety file to the client upon completion of the construction work and shall, in addition to the documentation referred to in subregulation (7), include a record of all drawings, designs, materials used and other similar information concerning the completed structure.
- 5(9) A principal contractor shall ensure that in addition to the documentation required in the health and safety file as determined in subregulations (7) and (8), a comprehensive and updated list of all the contractors on site accountable to the principal contractor, the agreements between the parties and the type of work being done are included and available.
- 5(10) No principal contractor shall appoint a contractor to perform construction work unless the principal contractor is reasonably satisfied that the contractor he or she intends to appoint, has the necessary competencies and resources to perform the construction work safely.
- 5(11) Where a contractor appoints another contractor to perform construction work, the responsibilities as determined in subregulations (2) to (6) that apply to the principal contractor shall apply to the contractor as if he or she were the principal contractor.
- 5(12) No contractor shall appoint another contractor to perform construction work unless he or she is reasonably satisfied that the contractor he or she intends to appoint, has the necessary competencies and resources to perform the construction work safely.
- 5(13) Contractors shall co-operate with the principal contractor as far as is necessary to enable each of them to comply with the provisions of the Act.
- 5(14) Every contractor shall as far as is reasonably practicable, promptly provide the principal contractor with any information which might affect the health and safety of any person at work carrying out construction work or any person who might be affected by the work of such a person at work or which might justify a review of the health and safety plan.
- 6. SUPERVISION OF CONSTRUCTION WORK
- 6(1) The contractor shall appoint a full-time competent employee in writing as the construction supervisor, with the duty of supervising the construction work.
- 6(2) The contractor may in writing appoint one or more competent employees to assist the appointed construction supervisor contemplated in subregulation (1), and every such employee shall, to the extent clearly defined by the contractor in the letter of appointment, have the same duties as the construction supervisor: Provided that the designation of any such employee shall not relieve the construction supervisor contemplated in subregulation (1) of any personal accountability for failing in his supervisory duties referred to in terms of this regulation.
- 6(3) Where the contractor has not appointed an employee as referred to subregulation (2), or, in the opinion of an inspector, not a sufficient number of such employees, that inspector may require the employer to appoint the number of employees indicated by the inspector, and the provisions of subregulation (2) shall apply in respect of those employees as if they had in the first instance been appointed under subregulation (2).
- 6(4) No construction supervisor appointed in terms of subregulation (1) shall supervise any construction work on or in any construction site other than the site in respect of which he or she has been appointed: Provided that a sufficient number of competent employees have been appropriately designated under subregulation (2) on all the construction sites, the appointed construction supervisor may supervise more than one site.
- 6(5) If, however, the construction supervisor appointed in terms of subregulation (1) for more than one construction site will not, in the opinion of an inspector, be able to supervise the works favourably, an inspector may require the contractor to appoint the required number of employees as contemplated in subregulation (2) to assist the appointed construction supervisor or instruct the contractor to appoint the construction supervisor who had been appointed in terms of subregulation (1) more appropriately.
- 6(6) A contractor shall upon having considered the size of the project, the degree of dangers likely to be encountered or the accumulation of hazards or risks on the site, appoint a full-time or part-time construction safety officer in writing to assist in the control of all safety related aspects on the site: Provided that, where the question arises as to whether a construction safety officer is necessary, the decision of an inspector shall be decisive.
- 6(7) The appointed construction safety officer as contemplated in subregulation (6) shall as far as is reasonably practicable be utilised to give input at the early design stage and where not; appointed at this stage, he or she shall be given the opportunity to input into the health and safety plan when wanting to do so, and a record of such shall be kept in the health and safety file contemplated in regulation 5(7).
- 6(8) No contractor shall appoint a construction safety officer to assist in the control of safety related aspects on the site unless he or she is reasonably satisfied that the construction safety officer he or she intends to appoint, has the necessary competencies and resources to assist the contractor.
- 7. RISK ASSESSMENT
- 7(1) Every contractor performing construction work shall before the commencement of any construction work and during construction work, cause a risk assessment to be performed by a competent person appointed in writing and the risk assessment shall form part of the health and safety plan to be applied on the site and shall include at least:
- 7(1)(a) the identification of the risks and hazards to which persons may be exposed to.
- 7(1)(b) the analysis and evaluation of the risks and hazards identified.
- 7(1)(c) a documented plan of safe work procedures to mitigate, reduce or control the risks and hazards that have been identified.
- 7(1)(d) a monitoring plan
- 7(1)(e) a review plan.
- 7(2) A contractor shall ensure that a copy of the risk assessment is available on site for inspection by an inspector, client, client’s agent, contractor, employee, representative trade union, health and safety representative or any member of the health and safety committee.
- 7(3) Every contractor shall consult with the health and safety committee or, if no health and safety committee exists, with a representative group of employees, on the development, monitoring and review of the risk assessment.
- 7(4) A contractor shall ensure that all employees under the his or her control are informed, instructed and trained by a competent person regarding any hazard and the related work procedures before any work commences, and thereafter at such times as may be determined in the risk assessment.
- 7(5) A principal contractor shall ensure that all contractors are informed regarding any hazard as stipulated in the risk assessment before any work commences, and thereafter at such times as may be determined in the risk assessment.
- 7(6) A contractor shall ensure that as far as is reasonably practicable, ergonomic related hazards are analyzed, evaluated and addressed in the risk assessment.
- 7(7) Notwithstanding the requirements laid down in subregulation (4), no contractor shall allow or permit any employee or person to enter any site, unless such employee or person has undergone health and safety induction training pertaining to the hazards prevalent on the site at the time of entry.
- 7(8) A contractor shall ensure that all visitors to a construction site undergoes health and safety induction pertaining to the hazards prevalent on the site and shall be provided with the necessary personal protective equipment.
- 7(9) Every employee on site shall-
- 7(9)(a) be in possession of proof of the health and safety induction training as determined in subregulation (7), issued by a competent person prior to the commencement of construction work
- 7(9)(b) carry the proof contemplated in paragraph (a) for the duration of that project or for the period that the employee will be on the construction site.
- 8. FALL PROTECTION
- 8(1) A contractor shall cause:
- 8(1)(a) the designation of a competent person, responsible for the preparation of a fall protection plan
- 8(1)(b) the fall protection plan contemplated in (a) to be implemented, amended where and when necessary and maintained as required
- 8(1)(c) steps to be taken in order to ensure the continued adherence to the fall protection plan.
- 8(2) The fall protection plan contemplated in subregulation (1), shall include:
- 8(2)(a) a risk assessment of all work carried out from an elevated position which shall include the procedures and methods used to address all the risks identified per location.
- 8(2)(b) the processes for evaluation of the employees’ physical and psychological fitness necessary to work at elevated positions and the records thereof.
- 8(2)(c) the programme for the training of employees working from elevated positions and records thereof.
- 8(2)(d) the procedure addressing the inspection, testing and maintenance of all fall protection equipment.
- 8(3) A contractor shall ensure that the construction supervisor appointed in terms of regulation 6(1), is in possession of the most recently updated version of the fall protection plan.
- 8(4) Notwithstanding the provisions of subregulations (1) and (2), the contractor shall ensure that:
- 8(4)(a) all unprotected openings in floors, edges, slabs, hatchways and stairways are adequately guarded, fenced or barricaded or that similar means are used to safeguard any person from failing through such openings.
- 8(4)(b) no person works in an elevated position, unless such work is performed safely as if working from a scaffold or ladder.
- 8(4)(c) notices are conspicuously placed at all openings where the possibility exists that a person might fall through such openings.
- 8(4)(d) fall prevention and fall arrest equipment is:
- 8(4)(d)(i) suitable and of sufficient strength for the purpose or purposes for which it is being used having regard to the work being carried out and the load, including any person, it is intended to bear.
- 8(4)(d)(ii) securely attached to a structure or plant and the structure or plant and the means of attachment thereto is suitable and of sufficient strength and stability for the purpose of safely supporting the equipment and any person who is liable to fall.
- 8(4)(e) fall arrest equipment shall only be used where it is not reasonably practicable to use fall prevention equipment.
- 8(4)(f) suitable and sufficient steps shall be taken to ensure, as far as is reasonably practicable, that in the event of a fall by any person, the fall arrest equipment or the surrounding environment does not cause injury to the person.
- 5) Where roof work is being performed on a construction site, the contractor shall ensure that in addition to the requirements set out in subregulations (2) and (4), it is furthermore indicated in the fall protection plan:
- 5(a) that the roof work has been properly planned:
- 5(b) that the roof erectors are competent to carry out the work.
- 5(c) that no employees are permitted to work on roofs during inclement weather conditions or if weather conditions are a hazard to the health and safety of the employees
- 5(d) that prominent warning notices are to be placed where all covers to openings are not of sufficient strength to withstand any imposed loads and where fragile material exists
- 5(e) that the areas mentioned in paragraph (d) are to be barricaded off to prevent persons from entering
- 5(f) that suitable and sufficient platforms, coverings or other similar means of support have been provided to be used in such a way that the weight of any person passing across or working on or from fragile material is supported.
- 5(g) that there is suitable and sufficient guard-rails or barriers and toe-boards or other similar means of protection to prevent, so far as is reasonably practicable, the fall of any person, material or equipment.
- 9. STRUCTURES
- 9(1) A contractor shall ensure that:
- 9(1)(a) all reasonably practicable steps are taken to prevent the uncontrolled collapse of any new or existing structure or any part thereof, which may become unstable or is in a temporary state of weakness or instability due to the carrying out of construction work.
- 9(1)(b) no structure or part of a structure is loaded in a manner which would render it unsafe.
- 9(2) The designer of a structure shall:
- 9(2)(a) before the contract is put out to tender, make available to the client all relevant information about the design of the relevant structure that may affect the pricing of the construction work.
- 9(2)(b) inform the contractor in writing of any known or anticipated dangers or hazards relating to the construction work, and make available all relevant information required for the safe execution of the work upon being designed or when the design is subsequently altered.
- 9(2)(c) subject to the provisions of paragraph (a) and (b) ensure that the following information is included in a report and made available to the contractor:
- 9(2)(c)(i) a geo-science technical report where appropriate;
- 9(2)(c)(ii) the loading the structure is designed to withstand
- 9(2)(c)(iii) the methods and sequence of construction process.
- 9(2)(d) not include anything in the design of the structure necessitating the use of dangerous procedures or materials hazardous to the health and safety of persons, which could be avoided by modifying the design or by substituting materials.
- 9(2)(e) take into account the hazards relating to any subsequent maintenance of the relevant structure and should make provision in the design for that work to be performed to minimize the risk.
- 9(2)(f) carry out sufficient inspections at appropriate times of the construction work involving the design of the relevant structure in order to ensure compliance with the design and a record of those inspections is to be kept on site.
- 9(2)(g) Stop any contractor from executing any construction work which is not in accordance with the relevant design.
- 9(2)(h) conduct a final inspection of the completed structure prior to its commissioning to render it safe for commissioning and issue a completion certificate to the contractor.
- 9(2)(i) ensure that during commissioning, cognisance is taken of ergonomic design principles in order to minimize ergonomic related hazards in all phases of the life cycle of a structure.
- 9(3) A contractor shall ensure that all drawings pertaining to the design of the relevant structure are kept on site and are available on request by an inspector, contractors, client, client’s agent or employee.
- 9(4) Any owner of a structure shall ensure that inspections of that structure upon completion are carried out periodically by competent persons in order to render the structure safe for continued use: Provided that the inspections are carried out at least once every six months for the first two years and thereafter yearly and records of such inspections are kept and made available to an inspector upon request.
- 9(5) Any owner of a structure shall ensure that the structure upon completion is maintained in such a manner that the structure remains safe for continued use and such maintenance records shall be kept and made available to an inspector upon request.
- 10. Formwork and support work: A contractor shall ensure that:
- 10(a) all formwork and support work operations are carried out under the supervision of a competent person who has been appointed in writing for that purpose.
- 10(b) all formwork and support work structures, are adequately designed, erected, supported, braced and maintained so that they will be capable of supporting all anticipated vertical and lateral loads that may be applied to them and also that no loads are imposed onto the structure that the structure is not designed to withstand.
- 10(c) The designs of formwork and support work structures are done with close reference to the structural design drawings and where any uncertainty exists, the structural designer should be consulted.
- 10(d) All drawing pertaining to the design of formwork or support work structures are kept on the site and are available on request by an inspector, contractor, client, client’s agent or employee.
- 10(e) All equipment used in the formwork or support work structure are carefully examined and checked for suitability by a competent person, before being used.
- 10(f) All formwork and support work structures are inspected by a competent person immediately before, during and after the placement of concrete or any other imposed load and thereafter on a daily basis until the formwork and support work structure has been removed and the results have been recorded in a register and made available on site.
- 10(g) If, after erection, any formwork and support work structure is found to be damaged or weakened to such a degree that its integrity is affected, it shall be safely removed or reinforced immediately.
- 10(h) Adequate precautionary measures are taken in order to:
- 10(h)(i) Secure any deck panels against displacement
- 10(h)(ii) Prevent any person from slipping on support work or formwork due to the application of formwork or support work release agents.
- 10(h)(i) As far as reasonably practicable, the health of any person is not affected through the use of solvents or oils or any other similar substances.
- 10(j) Upon casting concrete, the support work or formwork structure should be left in place until the concrete has acquired sufficient strength to support safely, not only its own weight but also any imposed loads and not removed until authorisation has been given by the competent person contemplated in paragraph (a).
- 10(k) Provision is made for safe access by means of secure ladders or staircases for all work to be carried out above the foundation bearing level.
- 10(l) All employees required to erect, ,move or dismantle formwork and support work structures are provided with adequate training and instruction to perform these operations safely, and
- 10(m) The foundation conditions are suitable to withstand the weight caused by the formwork and support work structure and any imposed loads, such that the formwork and support work structure is stable.
- 14. SCAFFOLDING
- 14(1) Every contractor using access scaffolding, shall ensure that such scaffolding, when used, complies with the safety standards incorporated for this purpose into these Regulations under section 44 of the Act.
- 14(2) A contractor shall ensure that all scaffolding work operations are carried out under the supervision of a competent person who has been appointed in writing and that all scaffold erectors, team leaders and inspectors are competent to carry out their work.
- 23. Use and temporary storage of flammable liquids on construction sites
- Notwithstanding the provisions for the use and storage of flammable liquids as determined in the General Safety Regulations promulgated by Government Notice No. R 1031 dated 30 May 1986, as amended, a contractor shall ensure that:
- 23(a) where flammable liquids are being used, applied or stored at the workplace concerned, this is done in such a manner which would cause no fire or explosion hazard, and that the workplace is effectively ventilated: Provided that where the workplace cannot effectively be ventilated.
- 23(a)(i) every employee involved is provided with a respirator, mask or breathing apparatus of a type approved by the chief inspector.
- 23(a)(ii) steps are taken to ensure that every such employee, while using or applying flammable liquid, uses the apparatus supplied to him or her.
- 23(b) no person smokes in any place in which flammable liquid is used or stored, and such contractor shall affix a suitable and conspicuous notice at all entrances to any such areas prohibiting such smoking.
- 23(c) flammable liquids on a construction site is stored in a well-ventilated reasonably fire resistant container, cage or room and kept locked with proper access control measures in place.
- 23(d) an adequate amount of efficient fire-fighting equipment is installed in suitable locations around the flammable liquids store with the recognized symbolic signs.
- 23(e) only the quantity of flammable liquid needed for work on one day is to be taken out of the store for use.
- 23(f) all containers holding flammable liquids are kept tightly closed when not in actual use and, after their contents have been used up, to be removed from the construction site and safely disposed of.
- 23(g) where flammable liquids are decanted, the metal containers are bonded or earthed.
- 23(h) no flammable material such as cotton waste, paper, cleaning rags or similar material is stored together with flammable liquids.
- 25. HOUSEKEEPING ON CONSTRUCTIONS SITES
- Notwithstanding the provisions of the Environmental Regulations for Workplaces, promulgated by Government Notice No. R 2281, dated 16 October 1987, as amended, a contractor shall ensure that:
- 25(a) suitable housekeeping is continuously implemented on each construction site, including provisions for the:
- 25(a)(i) proper storage of materials and equipment.
- 25(a)(ii) removal of scrap, waste and debris at appropriate intervals.
- 25(b) loose materials required for use, are not placed or allowed to accumulate on the site so as to obstruct means of access to and egress from workplaces and passageways.
- 25(c) waste and debris are not disposed of from a high place with a chute, unless the chute complies with the requirements set out regulation 12(6).
- 25(d) construction sites in built-up areas, adjacent to a public way, are suitably and sufficiently fenced off and provided with controlled access points to prevent the entry of unauthorized persons.
- 25(e) a catch platform or net is erected above an entrance or passageway or above a place where persons work or pass under, or fence off the danger area if work is being performed above such entrance, passageway, or place so as to ensure that all persons are kept safe in the case of danger or possibility of persons being struck by falling objects.
- 26. STACKING AND STORAGE ON CONSTRUCTION SITES
- Notwithstanding the provisions for the stacking of articles contained in the General Safety Regulations promulgated by Government Notice No. R 1031, dated 30 May 1986, as amended, a contractor shall ensure that:
- 26(a) a competent person is appointed in writing with the duty of supervising all stacking and storage on a construction site.
- 26(b) adequate storage areas are provided.
- 26(c) there are demarcated storage areas
- 26(d) storage areas are kept neat and under control.
- 27. Fire precautions on construction sites
- Subject to the provisions of the Environmental Regulations for Workplaces promulgated by Government Notice No. R.2281 of 16 October 1987, as amended, every contractor shall ensure that:
- 27(a) all appropriate measures are taken to avoid the risk of fire.
- 27(b) sufficient and suitable storage is provided for flammable liquids, solids and gases.
- 27(c) smoking is prohibited and notices in this regard are prominently displayed in all places containing readily combustible or flammable materials.
- 27(d) in confined spaces and other places in which flammable gases, vapours or dust can cause danger:
- 27(d)(i) only suitably protected electrical installations and equipment, including portable lights, are used.
- 27(d)(ii) there are no flames or similar means of ignition.
- 27(d)(iii) there are conspicuous notices prohibiting smoking.
- 27(d)(iv) oily rags, waste and other substances liable to ignite are without delay removed to a safe place.
- 27(d)(v) adequate ventilation is provided.
- 27(e) combustible materials do not accumulate on the construction site.
- 27(f) welding, flame cutting and other hot work are done only after the appropriate precautions as required have been taken to reduce the risk of fire.
- 27(g) suitable and sufficient fire-extinguishing equipment is placed at strategic locations or as may be recommended by the Fire Chief or local authority concerned, and that such equipment is maintained in a good working order.
- 27(h) the fire equipment contemplated in paragraph (g) is inspected by a competent person, who has been appointed in writing, in the manner indicated by the manufacturer thereof.
- 27(i) a sufficient number of workers are trained in the use of fire-extinguishing equipment.
- 27(j) where appropriate, suitable visual signs are provided to clearly indicate the escape routes in the case of a fire.
- 27(k) the means of escape is kept clear at all times.
- 27(l) there is an effective evacuation plan providing for all:
- 27(l)(i) persons to be evacuated speedily without panic.
- 27(l)(ii) persons to be accounted for.
- 27(l)(iii) plant and processes to be shut down.
- 27(m) a siren is installed and sounded in the event of a fire.
- ELECTRICAL INSTALLATION REGULATIONS
- 2. RESPONSIBILITY OF ELECTRICAL INSTALLATIONS
- 2. (1) Subject to subregulation (3), the user or lessor of an electrical installation, as the case may be, shall be responsible for the safety, safe use and maintenance of the electrical installation he or she uses or leases.
- 2(2) The user or lessor of an electrical installation, as the case may be, shall be responsible for the safety of the conductors on his or her premises connecting the electrical installation to the point of supply in the case where the point of supply is not the point of control.
- 2(3) Where there is a written undertaking between a user or lessor and a lessee whereby the responsibility for an electrical installation has been transferred to the lessee, the lessee shall be responsible for that installation as if he or she were the user or lessor.
- ENVIRONMENTAL REGULATIONS FOR WORKPLACES
- 3. LIGHTING
- 3(4) With a view to the emergency evacuation of indoor workplaces without natural lighting or in which persons habitually work at night, every employer shall, in such workplaces, provide emergency sources of lighting which are such that, when activated, an illuminance of not less than 0.3 lux is obtained at floor level to enable employees to evacuate such workplaces: Provided that where it is necessary to stop machinery or shut down plant or processes before evacuating the workplace, or where dangerous materials are present or dangerous processes are carried out, the illuminance shall be not less than 20 lux.
- 3(5) An employer shall ensure that the emergency sources of lighting prescribed by subregulation (4):
- 3(5)(a) are capable of being activated within 15 seconds of the failure of the lighting prescribed by subregulation (1).
- 3(5)(b) will last long enough to ensure the safe evacuation of all indoor workplaces.
- 3(5)(c) are kept in good working order and tested for efficient operation at intervals of not more than three months.
- 3(5)(d) where directional luminaires are installed, these are mounted at a height of not less than two meters above floor level and are not aimed between 10° above and 45° below the horizontal line on which they are installed.
- 3(6) An employer engaged in building work shall cause all rooms, stairways, passageways, gangways, basements and other places where danger may exist through lack of natural light, to be lighted such that it will be safe.
- 5.VENTILATION
- 5(1) An employer shall ensure that every workplace in his undertaking is ventilated either by natural or mechanical means in such a way that -
- 5(1)(a) the air breathed by employees does not endanger their safety.
- 5(1)(b) the time-weighted average concentration of carbon dioxide therein, taken over an eight-hour period, does not exceed one half per cent by volume of air.
- 5(1)(c) the carbon dioxide content thereof does not at any time exceed three per cent by volume of air.
- 5(1)(d). the prescribed exposure limits for airborne substances therein are not exceeded.
- 5(1)(e) the concentration therein of any explosive or flammable gas, vapour or dust does not exceed the lower explosive limit of that gas, vapour or dust.
- 5(2) Where the measures prescribed by subregulation (1) are not practicable, or where there is a danger of unsafe air in the breathing zone of an employee, the employer shall provide every such employee with, and ensure that he correctly uses, respiratory protective equipment of a type that reduces the exposure of the employee to a safe level and the employer shall, further, inform him of the dangers of and the precautionary measurers against excessive exposure.
- 5(3) The provisions of subregulation (1) (b) and (c) shall not apply in respect of workplaces where the ambient pressure differs by more than 20 percent from atmospheric pressure at sea level.
- 6. HOUSEKEEPING
- 6(1) A user of machinery shall provide and maintain sufficient clear and unobstructed space at every machine to enable work to be carried out without danger to persons.
- 6(2) An employer shall:
- 6(2)(a) with the exclusion of workplaces where building work is performed, make at least 2.25 square meters of effective open floor area available for every employee working in an indoor workplace.
- 6(2)(b) make available and maintain an unimpeded work space for every employee.
- 6(2)(c) keep every indoor workplace clean, orderly and free of materials, tools and similar things which are not necessary for the work done in such work place.
- 6(2)(d) keep all floors, walkways, stairs, passages and gangways in a good state of repair, skid-free and free of obstructions, waste or materials.
- 6(2)(e) keep the roof and walls of every indoor workplace sound and leak-free.
- 6(2)(f) board over or fence, or enclose with rails or guards, or take other measures which may be necessary under the circumstances to ensure the safety of persons, all openings in floors, all hatchways and all stairways and any open sides of floors or buildings through or from which persons are liable to fall: Provided that such boarding or guarding may be omitted or removed for the time and to the extent necessary for the access of persons or the movement of material.
- 6(2)(g) erect a catch platform or net above an entrance or passageway or above a place where persons work or pass, or fence off the danger area if work is being performed above such entrance, passageway, place or danger area and there is a possibility of persons being struck by falling objects.
- 6(3) No employer shall require or permit any person to, and no person shall, dispose of any article from a high place except by hoist or chute unless arrangements have been made to secure the safety who may be struck by falling objects.
- 9. FIRE PRECAUTIONS AND MEANS OF EGRESS
- 9(1) In order to expedite the evacuation of a workplace in case of fire, every employer shall ensure that:
- 9(1)(a) any emergency escape door from any room or passage or at a staircase shall, as far as is practicable, be hung so as to open outwards
- 9(1)(b) every door of a room in which persons may be present, and every door of a passage or at a staircase serving as a means of exit from such room, shall be kept clear and capable of being easily and rapidly opened from inside so as to ensure quick and easy evacuation.
- 9(1)(c) the provisions of paragraphs (a) and (b) shall also be complied with in respect of the outer escape exit from the workplace.
- 9(1)(d) staircases and steps leading from one floor to another or to the ground shall be provided with substantial hand-rails.
- 9(1)(e) staircases intended to be used as fire escapes shall:
- 9(1)(I). be constructed of non-combustible material
- 9(1)(ii) be kept clear of any material or other obstruction.
- 9(1)(iii) not terminate in an enclosed area.
- 9(1)(f) staircases, passages and exits intended for escape purposes shall be of a width and of a gradient which will facilitate the quick and safe egress of the number of persons intended to make use of them.
- 9(1)(g) having regard to the size, construction and location of a workplace, the number of persons, and the activity therein, such workplace is provided with at least two means of egress situated as far apart as is practicable.
- 9(2) Having regard to the size, construction and location of the workplace, and the amount and type of flammable articles uses, handled or stored on the premises, an employer shall provide on the premises an adequate supply of suitable fire-fighting equipment at strategic locations or as may be recommended by the fire chief of the local authority concerned, and such equipment shall be maintained in good working order.
- FACILITIES REGULATIONS
- 2. SANITATION
- 2(1) Every employer shall provide sanitary facilities at the workplace in accordance with the provisions of Parts F, P and Q of the National Building Regulations.
- 2(2) Notwithstanding the provisions of subregulation (1), an employer may, where less than 11 persons are employed on one premises, make written arrangements for such persons to use closets and washbasins on adjoining premises: Provided that:
- 2(2)(a) such facilities are freely and readily accessible
- 2(2)(b) the facilities comply with the provisions of these Regulations as well as with SABS 0400 with respect to:
- 2(2)(c) the total number of employees who will be using the facilities.
- 2(2)(d) the condition of such facilities.
- 2(3) Every employer shall:
- 2(3)(a) make toilet paper available to employees
- 2(3)(b) provide every water closet pan designed to have a seat, with a seat.
- 2(3)(c) supply a towel to every employee for his sole use or disposable paper towels or hot air blowers or clean portions of continuous cloth towels, at the washbasins.
- 2(3)(d) provide toilet soap or a similar cleansing agent to employees.
- 2(4) Every employer shall, under the circumstances contemplated in Table 4 of Part P of SABS 0400, provide showers for the use of his employees, and he shall:
- 2(4)(a) provide running hot and cold or premixed hot and cold water for the washbasins and showers.
- 2(4)(b) ensure that the walls of that part of a room in which there are showers, are smooth and impermeable, and that the floor thereof is slip-free and sloped for effective drainage
- 2(4)(c) ensure that where showers are provided in a room with windows, such windows are glazed in obscure glass or similar material.
- 2(5) In respect of each room in which there are closets, urinals, showers or washbasins every employer shall:
- 2(5)(a) provide a conspicuous sign outside the entrance to such a room to indicate the sex of the persons for whom the room is intended.
- 2(5)(b) ventilate such rooms in accordance with the provisions of Part O of the National Building Regulations.
- 2(5)(c) provide the necessary screen walls partitions or doors in order to ensure privacy.
- 2(5)(d) ensure that water feeding to showers or washbasins on his premises which is not obtained from the water supply system of a local authority, complies with SABS 241.
- 3. Facilities for safekeeping
- 3(1) An employer in a factory shall provide every employee in his service, excluding office workers, with a personal facility for safekeeping in which clothes and other personal items of the employee can be kept safely and in good condition.
- 3(2) Every employer shall ensure that each employee referred to in sub- regulation (1) stores his clothing and other personal items in his facility for safekeeping.
- 3(3) The provisions of this regulation shall not apply in respect of activities for which specific types or numbers of facilities for safekeeping are prescribed.
- 4. CHANGE-ROOMS
- 4(1) In respect of employee:
- 4(1)(a) for whom showers are prescribed, or
- 4(1)(b). who need to undress, the employer shall provide separate change- rooms for males and females respectively, in accordance with the provisions of Part C of SABS 0400.
- 4(2) An employer contemplated in subregulation (1) shall:
- 4(2)(a) ensure that a change-room is not connected directly by means of a door or any other opening to any room in which the exposure to a high risk substance is equal to or above the action level for such high-risk substance or in which untanned hides or skins or unwashed wool or mohair are treated, processed or stored.
- 4(2)(b) provide adequate seating in the form of chairs or benches in every change-room for the maximum number of employees that will be using such change-room at any one time.
- 4(2)(c) not store any materials, tools or other goods not related to the use of a change-room in such change-room or allow such items to be stored therein.
- 4(2)(d) where a change-room has windows, glaze such windows in obscure glass or similar material.
- 4(2)(e) screen the entrance to every change-room in order to afford privacy; provide a conspicuous sign at the entrance to a change- room to indicate the sex of the persons for whom the change-room is intended.
- 4(2)(f) provide a conspicuous sign at the entrance to a change-room to indicate the sex of the persons for whom the change-room is intended.
- 4(2)(g) provide facilities for the drying of wet clothes, if clothes of the employees for whom a change-room has been provided, may become wet in the course of their work.
- 4(2)(h) ensure that every change-room is naturally or artificially ventilated in accordance with the provisions of Part O of the National Building Regulations.
- 4(2)(I) ensure that no employee referred to in subregulation (1) changes his clothing at any other place at a workplace that in a change- room provided for him.
- 4(3). Subject to the provisions of regulation 5 an employer may allow a change-room to be used for the partaking of meals provided that:
- 4(3)(a) an obscure partition of at least two meters high is installed between showers and eating places
- 4(3)(b) there is no direct communication between the change-room and toilet facilities.
- 9. CONDITION OF ROOM AND FACILITIES
- 9. Every employer shall maintain all rooms and facilities which are prescribed or provided for in terms of the provisions of these regulations, in a clean, hygienic, safe, whole and leak-free condition, and in a good state of repair: Provided that an inspector may, by notice in writing, direct an employer to take such steps as the inspector deems necessary for the employer to comply with this regulation and the decision of an inspector in this regard shall be conclusive.
- GENERAL SAFETY REGULATIONS
- 2. PERSONNAL SAFETY EQUIPMENT AND FACILITIES
- 2(1) Subject to the provisions of paragraphs (f), (g), (h) and (i) of regulation 5 of the General Administrative Regulations published under Government Notice R. 2206 of 5 October 1984, every employer and every user of machinery shall make an evaluation of the risk attached to any condition or situation which may arise from the activities of such employer or user, as the case may be, and to which persons at a workplace or in the course of their employment or in connection with the use of machinery are exposed, and he shall take such steps as may under the circumstances be necessary to make such condition or situation safe. (Replaced by GAR, 1994 by Government Notice R. 17403 of 6 September, 1996.)
- 2(2) Where it is not practicable to safeguard the condition or situation contemplated in subregulation (1), the employer or user of machinery, as the case may be, shall take steps to reduce the risk as much as is practicable, and shall provide free of charge and maintain in a good and clean condition such safety equipment and facilities as may be necessary to ensure that any person exposed to any such condition or situation at a workplace or in the course of his employment or on premises where machinery is used is rendered safe.
- 2(3) Taking into account the nature of the hazard that is to be countered, and without derogating from the general duties imposed on employers and users of machinery by subregulations (1) and (2), the safety equipment and facilities contemplated in subregulation (2) shall include, as may be necessary:
- 2(3)(a) suitable goggles, spectacles, face shields, welding shields, visors, hard hats, protective helmets, caps, gloves, gauntlets, aprons, jackets, capes, sleeves, leggings, spats, gaiters, protective footwear, protective overalls, or any similar safety equipment or facility of a type that will effectively prevent bodily injury
- 2(3)(b) waterproof clothing, high-visibility clothing, chemical-resistant clothing, low temperature clothing, chain mail garments, waders, fire retardant or flame-proof clothing, ice-jackets, or any similar safety equipment of a type that will effectively protect the wearer thereof against harm.
- 2(3)(c) belts, harnesses, nets, fall arresters, life lines, safety hooks, or any similar equipment of a type that will effectively protect persons against falls.
- 2(3)((d) mats, barriers, locking-out devices, safety signs, or any similar facility that will effectively prevent slipping, unsafe entry or unsafe conditions.
- 2(3)(e) protective ointments, ear-muffs, ear-plugs, respirators, breathing apparatus, masks; air lines, hoods, helmets, or any similar safety equipment or facility of a type that will effectively protect against harm.
- 2(3)(f) suitable insulating material underfoot where persons work on a floor made of metal stone, concrete or other similar material.
- 2(3)(g) generally, such safety equipment or facilities as may be necessary to render the persons concerned safe.
- 2(4) An employer or a user of machinery, as the case may be, shall take steps to ensure that no safety equipment or facility provided as required by this or any other regulation is removed from a workplace or from premises where machinery is used, except for purposes of cleaning, repair, maintenance, modification, mending or replacement, and no person shall remove any such safety equipment or facility from a workplace or premises where machinery is used, except for the aforesaid purposes.
- 2(5) An employer shall instruct his employees in the proper use, maintenance and limitations of the safety equipment and facilities provided.
- 2(6) An employer shall not require or permit any employee to work unless such an employee uses the required safety equipment or facility provided in terms of this or any other regulation.
- 2(7) The provisions of this regulation shall not be construed as derogating from the provisions of any specific regulation prescribing specific safety equipment or facilities
- 2B. DISPLAY OF SUBSTITUTED NOTICES AND SIGNS
- 2B. If the provisions of any regulation prescribe a particular notice or sign to be displayed by an employer or by a user at a workplace, the employer or user may, in lieu thereof, display a corresponding symbolic sign, as contained in a safety standard incorporated for this purpose into these regulations under section 44 of the Act, in which case the employer or user shall be deemed to have complied with such provisions.
- 4. USE AND STORAGE OF FLAMMABLE LIQUIDS
- 4(1) No employer shall require or permit any person to work in a place where the vapour of any flammable liquid is generated to such an extent that it constitutes an actual or potential fire or explosion hazard or endangers the safety of any person, unless the provisions of subregulations (2) to (12) of this regulation are complied with.
- 4(2) No employer shall require or permit a flammable liquid to be used or applied other than in a room, cabinet or other enclosure specially constructed for this purpose of fire-resisting material or in a place which, owing to its situation or construction or any other feature or circumstance, is of such a nature that:
- 4(2)(a) no fire or explosion hazard is, can or may be created thereat.
- 4(2)(b) any vapour resulting from such use or application is efficiently dispersed and diluted into the atmosphere subject to the provisions of the Air Pollution Prevention Act, 1965 (Act 45 of 965
- 4(2)(c) no other workplace can or may be contaminated by such vapour.
- 4(3) An employer shall cause every room, cabinet or enclosure contemplated in subregulation (2) to be fitted with an efficient intake and exhaust ventilation system to remove any vapour therefrom and to prevent its recirculation in a manner which may lead to the contamination of any other workplace of the creation of a fire or explosion hazard: Provided that, notwithstanding any other provision of this regulation, an employer shall provide every employee doing spraying with a respirator, mask or breathing apparatus of a type approved by the chief inspector, and that any such employee shall while spraying use such apparatus provided to him.
- 8. STACKING OF ARTICLES
- 8(1) No employer shall require or permit the building of stacks which consist of successive tiers, one on top of another, unless:
- 8(1)(a) the stacking operation is executed by or under the personal supervision of a person with specific knowledge and experience of this type of work.
- 8(1)(b) the base is level and capable of sustaining the weight exerted on it by the stack.
- 8(1)(c) the articles in the lower tiers are capable of sustaining the weight exerted on them by the articles stacked above them.
- 8(1)(d) all the articles which make up any single tier are consistently of the same size, shape and mass.
- 8(1)(e) pallets and containers are in good condition
- 8(1)(f) any support structure used for the stacking of articles is structurally sound and can support the articles to be stacked on it.
- 8(2) An employer shall not permit:
- 8(2)(a) articles to be removed from a stack except from the topmost tier or part of that tier.
- 8(2)(b) anybody to climb onto or from a stack, except if the stack is stable and the climbing is done with the aid of a ladder or other safe facility or means.
- 8(3) An employer shall take steps to ensure that:
- 8(3)(a) persons engaged in stacking operations do not come within reach of machinery which may endanger their safety.
- 8(3)(b) stacks that are in danger of collapsing are dismantled immediately in a safe manner.
- 8(3)(c) the stability of stacks is not endangered by vehicles or other machinery or persons moving past them.
- 8(4) Unless a stack is otherwise supported an employer shall take steps to ensure that tiers of stacked material consisting of sacks, cases, cartons, tins or similar containers:
- 8(4)(a) are secured by laying up articles in a header and stretcher fashion and that corners are securely bonded
- 8(4)(b) are stepped back half the depth of a single container at least every fifth tier or that, alternatively, successive tiers are stepped back by a lesser amount: Provided that at least the same average angle of inclination to the vertical is achieved: Provided further that where the containers are of a regular shape and their nature and size are such that the stack will be stable, they may be stacked with the sides of the stack vertical if the total height of the stack does not exceed three times the smaller dimension of the underlying base of the stack.
- 8(5) Notwithstanding the provisions of subregulation (4), free-standing stacks that are built with the aid of machinery may, with the approval of an inspector, be built to a height and in a manner permitted by the nature of the containers being stacked: Provided that:
- 8(5)(a) the stacks are stable and do not overhang.
- 8(5)(b) the operator of the stacking machinery is rendered safe as regards falling articles
- 13A. LADDERS
- 13A (1) An employee shall ensure that every ladder is constructed of sound material and is suitable for the purpose for which it is used:
- 13A(1)(a) is fitted with non-skid devices at the bottom ends and hooks or similar devices at the upper ends of the stiles which shall ensure the stability of the ladder during normal use
- 13A(1)(b) is so lashed, held or secured whilst being used as to ensure the stability of the ladder under all conditions and at all times.
- 13A(2) No employer shall use a ladder, or permit it to be used, if it -
- 13A(2)(a)(i) has rungs fastened to the stiles only by means of nails, screws, spikes or in like manne.
- 13A(2)(ii) has rungs which have not been properly let into the stiles: Provided that in the case of welded ladder or ladders of which the rungs are bolted or riveted to the stiles, the rungs need not be let into the sides.
- 13A(2)(b) has damaged stiles, or damaged or missing rungs.
- 13A(3) No employer may permit that -
- 13A(3)(a) a ladder which is required to be leaned against an object for support be used which is longer than 9 m.
- 13A(3)(b) except with the approval of an inspector, the reach of a ladder be extended by fastening together two or more ladders: Provided that the provisions of this subregulation shall not apply to extension of free-standing ladders.
- 13A(4) In the case of wooden ladders the employer shall ensure that:
- 13A(4)(a) the ladders are constructed of straight grained wood, free from defects, and with the grain running in the length of the stiles and rungs.
- 13A(4)(b) the ladders are not painted or covered in any manner, unless it has been established that there are no cracks or other inherent weaknesses: Provided that ladders may be treated with oil or covered with clear varnish or wood preservative.
- 13A(5) When work is done from a ladder, the employer shall:
- 13A(5)(a) take special precautionary measures to prevent articles from falling off.
- 13A(5)(b) provide suitable sheaths or receptacles in which hand tools shall be kept when not being used.
- 13A(6) An employer shall ensure that a fixed ladder which exceeds 5 m in length and is attached to a vertical structure with an inclination to the horizontal level of 75 or more:
- 13A(6)(a) has its rungs at least 150 mm away from the structure to which the ladder is attache.
- 13A(6)(b) is provided with a cage which:
- 13A(6)(i) extends from a point not exceeding 2.5 m from the lower level to a height of at least 900 mm above the top level served by the ladder.
- 13A(6)(ii) shall afford firm support along its whole length for the back of the person climbing the ladder, and for which purpose no part of the cage shall be more than 700 mm away from the level of the rungs:
- 13A. Provided that the foregoing provisions of paragraph (b) shall nor apply if platforms, which are spaced not more than 8 m apart and suitable for persons to rest on, are provided.
- SANS 10263 - PART 2: THE STORAGE AND HANDLING OF GAS CYLINDERS
- 5(11)(2) Storage requirements
- 5(11)(2)(1) All cylinders shall be stored in a vertical position, resting on their foot-rings or on specially formed bases unless they are mounted in a frame or pack where the cylinders are designed to be horizontal. Those cylinders with convex round ends are excluded from this requirement. Cylinders with convex round ends and a water capacity above 10 L require special handling and storage arrangements.
- 5(11)(2)(2) The cylinders can be arranged in groups, each group containing up to four rows with gangways between the groups (see figure B.1(a) and figure B.1(b)).
- 5(11)(2)(3) Gangways shall be maintained between stored cylinders, walls and fences. When pallets or baskets are used, they shall be placed in single rows with gangways between the rows, with the outer row against a boundary wall (see figure B.2).
- 5(11)(2)(4) Cylinders shall be stored below 65 °C away from boilers, open flames, steam pipes and any other sources of heat or potential sources of ignition.
- 5(11)(2)(5) Cylinders shall be adequately segregated or separated (see 3.19.2, 3.19.3 and annexes B and C) so that they can be grouped together by the hazard class of the gas.
- 5(11)(2)(6) Separate storage areas shall be provided for full and empty cylinders applying the same safety principles.
- 5(11)(2)(7) Basement storage shall not be allowed subject to an approved rational design, as contemplated in SANS 10400
- 5(11)(2()8) Gas cylinders shall not be exposed to corrosive vapours.
- 5(11)(2)(9) Gas cylinders shall not be stored together with flammable substances in other types of containers (see 3.14).
- 5(11)(2)(10) Gas cylinders for underwater diving use shall be stored dry, in a horizontal position with the valve-outlet pointing downwards. However, removable bases (boots) are used in the diving industry and they allow the cylinder to be stored in a vertical position.
- 5(11)(2)(11) The stability of a cylinder is dependent on its shape. A tall cylinder with a smaller diameter tends to be unstable.
- 5(11)(2)(12) Cylinders shall be stored in pens or secured to ensure that they are not likely to be accidentally knocked over.
- 5(11)(2)(13) The number of freestanding cylinders shall be kept to a practical minimum working level and shall be arranged in the “honeycomb” formation (see figure B.3).
- 5(11)(2)(14) Since it is unavoidable that freestanding gas cylinders form part of “work in progress”, cylinders shall be fixed to avoid the risk of being knocked over.
- 5(11)(2)(15) A hard standing (see 3.11) shall be provided for cylinder storage.
- 5.6 CYLINDERS FOR RETURN TO THE SUPPLIER
- 5(6)(1) A safe storage area for cylinders to be returned to the supplier shall be provided, and the segregation shall be identical to that provided for full cylinders. Cylinders stored in this area shall include damaged, leaking, wrongly supplied and empty cylinders. This area shall be established to accommodate such cylinders in accordance with 5.11.1.
- 5.4 HOUSEKEEPING
- 5(4)(1) Gas cylinders shall be used and maintained in accordance with SANS 10019.
- 5(4)(2) The accumulation of materials especially those of a combustible nature in the vicinity of gas cylinders that are not in use shall be prohibited.
- 5(4)(3) Provided it is safe, leaking or damaged cylinders shall be removed immediately to a safe area to await the advice of the supplier on the action to be taken. Flammable, toxic or corrosive contents of a leaking cylinder shall prompt evacuation of the area.
- 5(4)(4) Clear unobstructed access to cylinders shall be available at all times for checking or retrieving.
- 5(4)(5) Any cylinder considered unsuitable for use, for whatever reason, shall be removed to the “return to supplier” storage area.
- SANS 10400 - PART T: FIRE PROTECTION
- 4.16 PROVISION OF ESCAPE ROUTES
- 4(16)(7) Any dead-end corridor shall not exceed 10 m in length.
- 4(16)(9) Every locking device fitted to an access door or escape door in any escape route shall be of a type approved by the local authority, provided that in any building where an electronic locking device is required for security purposes, such locking device shall be of a type which unlocks automatically when any of the fire detection equipment or electrical fire protection equipment of the building is activated or when there is no power to the locking device.
- 4(16)(10) An exit door provided with a lockable facility from any occupancy class A1, A2, A3, A4 and A5 shall be provided with a panic bar in accordance with EN 1125 if the population exceeds 60 persons. At no time during the use of such occupancy by the public shall such door be locked, obscured, obstructed, covered or hidden.
- 4.19 EMERGENCY ROUTES
- 4(19)(2) The finish of the floor of an escape route shall have a slip-resistant surface and shall be free from any projections, indentations, hollows or covering which might cause a person to trip.
- 4(19)(4) Services conveying any flammable substances or comprising combustibles shall not be located in an emergency route.
- ANNEXURE D.2 PROVISION OF ESCAPE ROUTES
- D(2)(1) In terms of 4(16)(1), all buildings shall be provided with one or more escape routes that can be used in case of fire or other emergencies. The two most important aspects are that the route (b) should not, at any time, be obstructed in any way
- PART III MUNICIPAL BY-LAWS: FIRE PROTECTION AND FIRE FIGHTING
- 8(1) No person may store any combustible materials of whatever nature, or have them stored or permit them to be stored in such a manner and in such a position as to likely pose a fire hazard to any human being, animal, building or premises
- STORAGE AND HANDLING OF GAS CYLINDERS: SANS 10263
- 5. Storage requirements
- 5(11)(2)(1) All cylinders shall be stored in a vertical position, resting on their foot-rings or on specially formed bases unless they are mounted in a frame or pack where the cylinders are designed to be horizontal. Those cylinders with convex round ends are excluded from this requirement. Cylinders with convex round ends and a water capacity above 10 L require special handling and storage arrangements.
- 5(11)(2)(6) Separate storage areas shall be provided for full and empty cylinders applying the same safety principles.
- 5(11)(2)(12) Cylinders shall be stored in pens or secured to ensure that they are not likely to be accidentally knocked over.
- REGULATION 638 OF THE FOODSTUFFS, COSMETICS AND DISINFECTANTS ACT
- 3. CERTIFICATE OF ACCEPTABILITY
- 3(1) Subject to subregulation (11) and regulation 14(4) and (5), a person may not handle food or permit food to be handled
- 3(1)(a) on food premises in respect of which a valid certificate of acceptability, has not been issued or is not in force and this also applies to an outsourced vehicle used for the transport of perishable food on behalf of a person in charge of a food premises
- 3(7) A certificate of acceptability must be displayed in a conspicuous place on the food premises in respect of which it was issued for the information of the public or where the display of the certificate is impractical, a copy of the certificate must immediately be made available, on request
- 5. STANDARDS AND REQUIREMENTS FOR FOOD PREMISES
- 5(2) A food premises must be of such location, design, construction and finish and must be so equipped and maintained in the condition for which it was intended, that it can be used at all times for the purpose for which it was designed, constructed and equipped without creating a health hazard and that food:
- 5(2)(a) can be handled hygienically on the food premises and facilities thereon and
- 5(2)(b) can be protected effectively by the best available method against contamination or spoilage by poisonous or offensive gases, vapours, odours, smoke, soot deposits, dust, moisture, insects or other vectors, or by any other physical, chemical (including unintended allergens) or biological contamination or pollution or by any other agent whatsoever
- 5(3)(a) The interior surfaces of walls, sides or ceilings, or of roofs without ceilings, and the surfaces of floors, or any other similar horizontal or vertical surfaces that form part of or enclose the food-handling area must:
- 5(3)(a)(i) not have open joints or open seams and must be made of smooth, rust -free, non- toxic, cleanable and non -absorbent material that is dust -proof and water -resistant. but in a food -serving or storage area the following may be used:
- 5(3)(a)(i)(aa) face brick
- 5(3)(a)(i)(bb) similar walls, the joints of which, are formed properly or are so formed and finished that they are easy to clean; or
- 5(3)(a)(i)(cc) decorative wall or ceiling finishes which are easy to clean
- 5(3)(a)(ii) be of such a nature that they cannot contaminate or contribute to the contamination of food
- 5(3)(c) Food premises must:
- 5(3)(c)(i) have a wash -up facility with hot and cold water for the cleaning of facilities
- 5(3)(c)(ii) be pest proof in accordance with the best available method
- 5(3)(c)(iii) be provided with effective means of controlling and preventing the access of flies, cockroaches. or other insects
- 5(3)(c)(iv) have a waste-water disposal system and a controlled refuse are approved by the local authority
- 5(3)(d)(ii) hand -washing facilities which must be provided with hot water where possible, for the washing of hands by workers on the food premises and by persons to whom food is served for consumption on the food premises and clean disposable hand-drying material or other hand cleaning together with a supply of soap (or other cleaning agents) and clean disposable hand -drying material or other hand-cleaning facilities or hand -drying equipment for the cleansing and drying of hands by workers and persons
- 5(3)(d)(iii) liquid proof, easy-to-clean refuse containers with close-fitting lids suitable for the hygienic storage of refuse pending its removal from the food -handling area
- 5(3)(d)(iv) storage space for the hygienic storage of food, facilities and equipment
- 5(3)(d)(vii) an adequate supply of water
- 6. STANDARDS AND REQUIREMENTS FOR FACILITIES ON FOOD PREMISES
- 6(1) The surface of a table. counter or working surface on which unwrapped food is handled and any equipment, utensil or basin or any other surface which comes into direct contact with food, must be made of smooth, rust-proof, non-toxic and non -absorbent material that is free of open joints or seams but wooden chopping blocks, cutting boards and utensils are not prohibited if such items are kept in such a condition that dirt does not accumulate thereon or therein and are maintained as such
- 6(2) A surface referred to in sub-regulation (1) and crockery, cutlery, utensils, basins or any other such items or facilities, must not be used for the handling of food if they are not clean or if they are chipped, split or cracked.
- 6(3) A utensil or item which is suitable for single use only
- 6(3)(a) must be stored under clean and hygienic conditions until used: and
- 6(3)(b) must not be used more than once
- 6(4) A surface referred to in sub-regulation (1) and an item referred to in sub-regulation (2) must be:
- 6(4)(a) cleaned and washed before food comes into direct contact with it for the first time and
- 6(4)(b) cleaned and washed, as and when necessary, during or immediately after the processing of food, so that contamination of the food that comes into contact with any such surface or item is prevented, and any such surface or item must not, before food comes into direct contact with it, contain:
- 6(4)(b)(ii) the remains of cleaning materials or disinfectants which may contaminate the food
- 6(5)(a) A chilling and freezer facility used for the storage, display or transport of perishable food must be provided with a thermometer which at all times must reflect the degree of chilling of the refrigeration area of such facility and which must be in such a condition and positioned so that an accurate reading may be taken unhampered
- 6(5)(b) A heating apparatus or facility used for the storage, display or transport of heated perishable food must be provided with a thermometer which at all times must reflect the degree of heating of the heating area concerned and which must be in such a condition and positioned so that an accurate reading may be taken unhampered.
- 7. STANDARDS AND REQUIREMENTS FOR FOOD CONTAINERS, APPLIANCES, AND EQUIPMENT
- 7(1) A person may not sell canned food in a container which:
- 7(1)(a) bulges at the flat or round sides or ends or one side of which bulges when the other side is pressed
- 7(1)(b) is in any way blown or from which gas escapes from the lid or from any part thereof when it is opened or punctured. unless:
- 7(1)(b)(i) the container contains an aerated drink; or
- 7(1)(b)(ii) gas has been used as a preservative
- 7(2) A person may not sell canned or hermetically sealed food in a container which is so rusted, dented or damaged that:
- 7(2)(a) it is liable to contaminate or spoil the food
- 7(2)(b) it leaks or has become unsealed
- 7(2)(c) has a leak or had a leak that was resealed
- 7(3) A container or appliance used in connection with food must be clean and be of such composition or nature as not to yield, or be liable to yield, to its food contents or to food with which it comes in contact:
- 7(3)(a) any unwholesome. injurious or toxic substance; or
- 7(3)(b) any other substance liable to contaminate or spoil the food in the container
- 7(4) Pre-packed food, depending on the type of food, must be packed in a dustproof and liquid proof container that protects the product therein against contamination under normal handling conditions and must be so packed, wrapped or sealed that the food cannot be removed from its container without the stopper or lid or similar seal being removed or without the wrapping. container or seal being damaged
- 7(5) Perishable food, excluding unprocessed agricultural crops and products that are not pre-packed. except food for consumption as meals on food premises, must, when served to the consumer, be packed in a container that protects the food therein against contamination
- 8.STANDARDS AND REQUIREMENTS FOR THE DISPLAY, STORAGE AND TEMPERATURE OF FOOD
- 8(1) Food that is displayed or stored must not be in direct contact with a floor, ceiling, wall or any ground surface
- 8(2) A shelf or display case used for displaying or storing food or any container must be kept clean and free from dust or any other impurity
- 8(3) Non-prepacked, ready-to-consume food, including food served as meals and displayed in an open container, must be protected in accordance with the best available method, against droplet contamination or contamination by insects, dust or bare hands
- 8(5)(a) Food. excluding frozen fish and seafood, that is marketed as a frozen product and has thawed, but the surface temperature of which has not exceeded 5 °C may be refrozen, but the refrozen product must be handled in accordance with good manufacturing practice
- 8(5)(b) In the case of frozen fish and seafood, the refrozen product must be handled in accordance with the relevant provisions of the Compulsory Specifications stipulated by the National Regulator for Compulsory Specifications
- 8(6) Frozen food thawed for further processing may be re- frozen, provided that:
- 8(6)(a) the core temperature does not exceed 5 °C;
- 8(6)(b) the thawing process is as short as possible and does not exceed 10 hours (as the case may be)
- 8(6)(c) the run -off liquid from the thawing process is adequately drained to prevent cross contamination
- 8(6)(d) the food is handled in accordance with good manufacturing practice; and
- 8(6)(e) the chilling commences immediately to comply with the temperatures indicated in Annexure E
- 8(7) The code of practice for measuring the temperature of food set out in Annexure G to these Regulations must, in so far as it is applicable, be applied to measuring the temperature of food
- 9. STANDARDS AND REQUIREMENTS FOR PROTECTIVE CLOTHING
- 9(1) A person may not handle or be allowed to handle food without wearing suitable protective clothing as specified in subregulation (2)
- 9(2) The protective clothing, including head and other coverings and footwear of a person handling food that is not packed so that the food may not be contaminated must:
- 9(2)(a) be clean and neat when the person begins to handle the food
- 9(2)(b) at all times during the handling of the food, be in such a clean condition and be of such design and material that it cannot contaminate the food
- (c) be so designed that the food cannot come into direct contact with any part of the body, excluding the hands
- 9(3) Visitors to food premises must. where applicable. wear suitable protective clothing
- 10. DUTIES OF PERSON IN CHARGE OF FOOD PREMISES
- 10(1) A person in charge of food premises must ensure that:
- 10(1)(a) he or she is suitably qualified or otherwise adequately trained in the principles and practices of food safety and hygiene, as appropriate, and that the training is accredited or conducted by an inspector, where applicable
- 10(1)(b) any other person working on the food premises, is suitably qualified or adequately trained in the principles and practices of food safety and hygiene, as appropriate, by an inspector or any other suitable person
- 10(1)(c) routine assessments are conducted to determine the impact of the training required under paragraph (b) and arrange follow up training as applicable
- 10(2) the provisions of these Regulations are complied with
- 10(3) effective measures are taken to prevent or eliminate flies, other insects, rodents, birds. vermin or any other pests on the food premises
- 10(4) refuse is removed from the food premises or from any room or area in which food is handled as often as is necessary and whenever an inspector requires it to be done
- 10(5) refuse is stored or disposed of in such a manner that it does not create a nuisance
- 10(6) refuse bins are:
- 10(6)(a) cleaned regularly; and
- 10(6)(b) disinfected whenever necessary and whenever an inspector requires it to be done
- 10(7) waste water on the food premises is disposed of to the satisfaction of the relevant local authority
- 10(8) the food premises and any land used in connection with the handling of food and all facilities, freight compartments of vehicles and containers are kept clean and free from unnecessary materials, goods or items that do not form an integral part of the operation and that have a negative effect on the general hygiene of the food premises
- 10(9) a person handling non-pre-packed food does not wear jewellery, other items or adornment that may come into contact with the food, unless it is suitably covered
- 10(10) an animal, subject to the provisions of any law, is not kept or permitted in a room or area where food is handled, except that:
- 10(10)(a) a guide or service dog accompanying a person with a disability may be permitted in the sales or serving area of the food premises
- 10(10)(b) fish, molluscs or crustaceans may be kept alive until prepared for consumption
- 10(11) a condition. act or omission that may contaminate food does not arise or is not performed or permitted on the food premises
- 10(12) persons under his or her control, who handle food, at all times meet the standards and requirements and execute the duties prescribed by regulations 9 and 11, respectively
- 10(13) an area in which food is handled is not used for:
- 10(13)(a) sleeping purposes
- 10(13)(b) washing, cleaning or ironing of clothing or similar laundry
- 10(13)(c) any other purpose or in any manner that may contaminate the food therein or thereon
- 10(14) a food handler does not touch ready-to-consume non-pre-packed food with his or her bare hands, unless it is unavoidable for preparation purposes, in which case the food must be handled in accordance with good manufacturing practice
- 10(15) the reporting of diseases and conditions contemplated in regulation 11(2)(b) are properly recorded and kept for perusal by an inspector
- 10(16) despite sub-regulations 10(1) and 10(15) and subject to sub-regulation 10(2) and the best available method, there is compliance with these Regulations through the keeping of appropriate records, but records applicable to processing, production and distribution must be kept and retained for a period of at least 6 months after the shelf -life of the product
- 10(17) foodstuff manufactured, kept or sold from the premises contemplated in regulation 3(1), complies in all respects to the provisions of the Act and the regulations promulgated there -under, including the labelling thereof
- 10(18) despite the provisions of sub-regulation 10(17), a traceability system is maintained according to the best available method and a recall procedure is in place and any incident requiring recall activation is reported to the local inspector and the National Directorate: Food Control
- 11.DUTIES OF A FOOD HANDLER
- 11(1) Food, a facility or a container must not be handled by a person:-
- 11(1)(a) whose hands or clothes are not clean
- 11(1)(b) whose fingernails are not short, trimmed, clean and free from any adornment
- 11(1)(c) who has not washed his or her hands thoroughly with soap and water or cleaned them in another effective manner:
- 11(1)(c)(i) immediately prior to the commencement of each work shift
- 11(1)(c)(ii) at the beginning of the day's work or after a rest period
- 11(1)(c)(iii) after every visit to a latrine or urinal
- 11(1)(c)(iv) every time he or she has blown his or her nose or after his or her hands have been in contact with perspiration or with his or her hair, nose or mouth
- 11(1)(c)(v) after handling a handkerchief, money or a refuse container or refuse
- 11(1)(c)(vi) after handling raw vegetables, fruit. eggs, meat or fish and before handling ready-to-use food
- 11(1)(c)(vii) after he or she has smoked or used tobacco in any form or on return to the food premises
- 11(1)(c)(viii) after handling a non-pre-packed foodstuff classified as a common allergen where the contamination can result in the cross contamination of other food not associated with common allergens; or
- 11(1)(c)(ix) after his or her hands have become soiled or contaminated for any other reason
- 11(2) Food, a facility or a container may not be handled by a person:
- 11(2)(a) who has on his or her body a suppurating abscess or a sore, a cut or an abrasion, including other infected skin lesions, unless covered with a moisture proof dressing which is firmly secured to prevent contamination of the food
- 11(2)(b)(i) who has reported or who is suspected of suffering from or being a carrier of a disease or condition in its contagious stage likely to be transmitted through food. which includes jaundice, diarrhoea. vomiting, fever, sore throat with fever and discharges from the ear, eye or nose
- 11(2)(b)(ii) a person referred to in subparagraph (i) may only resume handling food, a facility or a container if the person submits a certificate by a medical practitioner stating that the person is fit to handle food
- 11(2)(b)(c) whose hands or clothing are not clean
- 11(3) A person may not:
- 11(3)(a) spit in an area where food is handled or on any facility
- 11(3)(b) smoke or use tobacco in any other manner while he or she is handling non-pre-packed food or while he or she is in an area where the food is handled
- 11(3)(c) handle non-pre-packed food in a manner that brings it into contact with any exposed part of his or her body, excluding his or her hands
- 11(3)(d) lick his or her fingers when he or she is handling non-pre-packed food or material for the wrapping of food
- 13(3)(e) cough or sneeze over non-pre-packed food or food containers or facilities
- 13(3)(f) spit on whetstones or bring meat skewers, labels, equipment, or any other object used in the handling of food or any part of his or her hands into contact with his or her mouth, or inflate sausage casings, bags or other wrappings by mouth or in any other manner that may contaminate the food
- 13(3)(g) walk, stand, sit or lie on food or on non- hermetically sealed containers containing food, on containers, on food -processing surfaces or other facilities
- 13(3)(h) use a hand washbasin for the cleaning of facilities or
- 13(3)(i) while he or she is handling food, perform any act other than those referred to above, which may contaminate or spoil food
- EKURHULENI EMERGENCY SERVICES BY-LAWS
- Part III COMBUSTIBLE MATERIALS AND REFUSE
- 8(1) No person may store any combustible materials of whatever nature, or have them stored or permit them to be stored in such a manner and in such a position as to likely pose a fire hazard to any human being, animal, building or premises
- ACCESSIBILITY OF FIRE-FIGHTING EQUIPMENT MITAGATING AGENTS
- 12(2) Any person who, in whatever way, cause or permits fire-fighting equipment, mitigating agents and the appropriate service installations not to be readily accessible is guilty of an offence
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Category of action to be taken
- A - 80% to 100%: Action is to be taken immediately
- B - 60% to 80%: Action is to be taken within a week
- C - 40% to 60%: Action is to be taken within a month
- D - 20% to 40%: Action is to be taken within 6 months
- E - 0% to 20%: No action is necessary - Monitor or supervise the situation
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Recommendation or action