GENERIC STRUCTURE OF LEGISLATION
The OHS Act is supported by subordinate legislation, Regulations and Codes of Practice, which provide practical guidelines to organisations on how to manage health and safety issues. All organisations are legally bound to comply with the OHS Act. with.
Twenty-two sets of regulations form an inseparable part of the OHS Act.
These regulations provide specifications and requirements in line with the applicable industry.
Information is based on three different aspects:
- The name of the regulation
- The scope of application
- The arrangement of the regulations (contents of regulations)
The following table provides a summary of the current OHS Act regulations:
| General regulations | Scope of application |
| General Administrative Regulations, 2003 | These regulations, in general, refer to general health and safety administrative procedures set for the work environment |
| General Safety Regulations, 1986 | These regulations refer to general health and safety matters or requirements set for the work environment |
| Major Hazard Installation Regulations, 1993 | These regulations shall apply to employers, self-employed persons and users, who have on their premises, either permanently or temporarily, a major hazard installation or a quantity of a substance which may pose a risk that could affect the health and safety of employees and the public. |
| Hazardous Biological Agent Regulations, 2001 | These regulations shall apply to every employer and self-employed person at a workplace where: a) HBA is deliberately produced, processed, used, handled, stored or transported; or b) an incident, for which an indicative list is given in Annexure A to this Regulation occurs that does not involve a deliberate intention to work with a HBA but may result in persons being exposed to HBA in the performance of his or her work. |
| Explosives Regulations, 2003 | These regulations shall apply to any employer, self-employed person or user who operates an explosives workplace for the purpose of manufacturing, testing, storing or using explosives. |
| Construction Regulations, 2014 | These regulations apply to all persons involved in construction work. Regulations 3 and 5 are not applicable where the construction work carried out is in relation to a single storey dwelling for a client who intends to reside in such dwelling upon completion thereof. |
| Regulations on Hazardous Work by Children in SA, 2010 | These regulations are there to prohibit or place conditions upon the work that may be required, expected or permitted to be performed by child workers, and which is not prohibited in terms of any law. |
| Health related regulations | Scope of application |
| Asbestos Regulations, 2001 | These Regulations shall apply to every employer and self-employed person who carries out work at a workplace that may expose any person to asbestos dust at that workplace |
| Diving Regulations, 2001 | These regulations basically shall apply to all diving operations and all persons engaged in diving operations in the Republic of South Africa or the territorial waters thereof. |
| Environmental Regulations for Workplaces, 1987 | These regulations in general refers to the physical conditions of the work environment |
| Facilities Regulations, 1990 | These regulations in general refers to sanitary facilities, toilets, bathrooms, showers, dining facilities, drinking water, certain prohibitions as well as the conditions of these facilities that forms part of the work environment |
| Hazardous Chemical Substances Regulations, 1995 | These regulations shall apply to an employer or a self-employed person who carries out work at a workplace which may expose any person to the intake of an HCS at the workplace. |
| Lead Regulations, 2001 | These regulations shall apply to every employer and self- employed person at a workplace where lead is produced, processed, used, handled or stored in a form in which it can be inhaled, ingested or absorbed by any person in that workplace. |
| Noise-Induced Hearing Loss Regulations, 2003 | These regulations shall apply to an employer or self-employed person who, at any workplace under his or her control, carries out work that may expose any person at that workplace to noise at or above the noise-rating limit. |
| Mechanical regulations | Scope of application |
| Driven Machinery Regulations, 2015 | These Regulations shall apply to every employer, employee and self-employed person who carries out work whilst using driven machinery at a workplace |
| General Machinery Regulations, 1988 | These Regulations shall apply to every employer, employee and self-employed person who carries out work whilst using machinery at a workplace. |
| Lift, Escalator and Passenger Conveyor Regulations, 1994 | These Regulations shall apply to every employer and self-employed who installs, uses and have lifts, escalators and passenger conveyors in their workplace. |
| Regulations concerning the Certificate of Competency, 1990 | Certificate of Competency: A certificate of competency as a mechanical or electrical engineer. Certificate will be issued by Chief Inspector with the recommendations of the Commission of Examiners |
| Pressure Equipment Regulations, 2009 | These regulations shall apply to the design, manufacture, operation, repair, modification, maintenance, inspection and testing of pressure equipment with a design pressure equal to or greater than 50 kPa, in terms of the relevant health and safety standard incorporated into these Regulations. |
| Electrical regulations | Scope of application |
| Electrical Installation Regulations, 2009 | These Regulations shall apply to every user or lesser of an electrical installation as well as Approved inspection authorities. |
| Electrical Machinery Regulations, 1988 | These Regulations shall apply to every employer, employee and self-employed person who carries out work whilst using electrical machinery at a workplace. |
| New Regulations | Scope of application |
| Ergonomics Regulations, 2019 | These regulations shall apply to: (a) any employer or self-employed person who carries out work at a workplace, which may expose any person to ergonomic risks in that workplace; and (b) a designer, manufacturer, importer or supplier of machinery, plant or work systems for use at a workplace. |