To take reasonable care for the health, safety and well being of himself and of other persons who may
be affected by his acts or omissions at work; and
As regards any duty or requirement imposed […] to cooperate […] so far as is necessary to enable
that duty or requirement to be performed or complied with; and"
To use and take care of, such equipment as may be provided by his employer in accordance with the
instructions […]"
Section 9.1: "No person shall intentionally, or recklessly interfere with or misuse anything
provided in the interest of health, safety or welfare".
The Act also establishes the "Occupational Safety Board" and "Officials and Health
and Safety Representatives", amongst others (Parts III and IV).
Occupational Safety and Health Decree
Occupational Safety and Health (Health and Welfare) Regulations, 1/05/1991
These Regulations apply for the purpose of ensuring the health, safety and welfare of
an employee at work, whether he is employed by the government or in the private
sector. They are in addition to the provisions of any other written law.
An employer shall comply with these Regulations. They include the specific
requirements for cleanliness, overcrowding, temperature and humidity, ventilation,
vibration, drainage of floors, sanitary convenience, washing facilities, supply of
drinking water, lighting, eating facilities, sitting facilities, accommodation for
clothing, lifting, noise, radiation, protective clothing, first aid, medical supervision
and evacuation of the sick and seriously injured. (Regulations number 3 to 22).
As a guarantee, Regulation 23 establishes the punishment for those who breach these
dispositions: "An employer who, without reasonable excuse, fails to comply with any of these
Regulations is guilty of an offence and liable to a fine of R 20, 000"
These Regulations are been, not derogated but updated with some amendments by
the "Occupational Health and Safety Decree (Amendment) Act 1999" of
28/10/1998. This Amendment has repealed the Schedule of the Regulation and
substituted a new Schedule, which regulates amongst others:
1. Classes of dangerous occurrence.
2. Particulars of accidents (dangerous occurrence)
3. List of notifiable industrial diseases.