The Legal Aspect
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Which act
governs the industrial sector?
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Which act
governs the mining sector?
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Which act
governs environmental compliance?
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What is a Section
12.1 appointment?
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The Mine Health and Safety Act
1996 (Act No. 29 of 1996) states the following under Section
12.1:
The employer must engage the
part-time or full-time services of a person qualified in occupational
hygiene techniques to measure levels of exposure to hazards
at the mine
a) if required to do so by
regulation or a notice in the Gazette; or
b) if, after
assessing risks in terms of section 11(1), it is necessary
to do so.
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Our company
was closed under a Section 54 directive,
what does that mean?
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The Mine Health and Safety Act
1996 (Act No. 29 of 1996) states the following under Section
54.1:
If an inspector has reason to
believe that any occurrence, practice or condition at a mine
endangers or may endanger the health or safety of any person
at the mine, the inspector may give any instruction necessary
to protect the health or safety of persons at the mine, including
but not limited to an instruction that:
a)operations at the mine or
a part of the mine be halted;
b)the performance of any act
or practice at the mine or a part of the mine be suspended
or halted, and may place conditions on the performance of
that act or practice;
c)the employer must take the
steps set out in the instruction, within the specified period,
to rectify the occurrence, practice or condition; or
d)all affected persons, other
than those who are required to assist in taking steps referred
to in paragraph (c), be moved to safety.
(It is an offence to fail
to comply with an inspector's instruction. See section 91.)
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We received
a non-conformance notice, what
happens now?
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When
the Department of Labour visits an Industrial Site and it is
found to be in breach of the OHSA,
the DoL issues a non-comformance notice. The company is given
60 days to take corrective action(s) with assistance from an
AIA which
conducts the required assessments.
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BS
EN 689:1996 is a British Standard for Workplace atmospheres
- Guidance for the assessment of exposure by inhalation to chemical
agents for comparison with limit
values and measurement strategy.
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NIOSH
OESSM is the National Institute for Occupational Safety
and Health - Occupational Exposure Sampling Strategy Manual.
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What is Government
Notice No. R683
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Government
Gazette Notice No. R683 refers to an amendment on the
OHS Act pertaining to the DoL Silica Quartz Compliance Monitoring
and the Occupational Exposure Control Limit for Silica in
Table I of the Hazardous Chemical Substances Regulations from
0,4mg/m3 to 0,1 mg/m3.
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EH42 means the Guidance Note
EH 42 of the Health and Safety Executive of the United Kingdom:
Monitoring Strategies for Toxic Substances 1989 HSE ISBN0118854127
as revised from time to time and published in the Government
Gazette Notice 1179.
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What is Government
Notice No. R827?
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Government
Gazette Notice No. R827 refers to the National Dust Control
Regulations of 2013 as read with Section 32 of the National
Environmental Management: Air Quality Act, 2004 (Act No.39
of 2004).
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AMSTIM
D1739 Is an American
Standard - Test Method for Collection and Measurement of Dustfall
(Settleable Particulate Matter).
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How
do I apply for an APPA Permit / Air Emission Licence
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ISO14000
refers to an Environmental Management System.
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OHSAS
18001 is a British Standard for Occupational Health and Safety
Management Systems. It exists to help all kinds of organizations
put in place demonstrably sound occupational health and safety
performance. It is widely seen as the world’s most recognized
occupational health and safety management systems standard.
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What is the
Hazardous Substances Act of 1973?
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The Hazardous
Substances Act of 1973 provides for the control of substances
which may cause injury or ill-health to or death of human
beings by reason of their toxic, corrosive, irritant, strongly
sensitizing or flammable nature or the generation of pressure
thereby in certain circumstances, and for the control of certain
electronic products; to provide for the division of such substances
or products into groups in relation to the degree of danger;
to provide for the prohibition and control of the importation,
manufacture, sale, use, operation, application, modification,
disposal or dumping of such substances and products; and to
provide for matters connected therewith.
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- What is the 2006/25/EC
Optical Radiation Directive?
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What is the
Nuclear Energy Act of 1999
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The Nuclear
Energy Act of 1999 (Act 46 of 1999) provides for the establishment
of the South African Nuclear Energy Corporation Limited, a
public company wholly owned by the State (the "Corporation"),
to define the Corporation’s functions and powers and
its financial and operational accountability, and provide
for its governance and management by a board of directors
and a chief executive officer; to provide for responsibilities
for the implementation and application of the Safeguards Agreement
and any additional protocols entered into by the Republic
and the International Atomic Energy Agency in support of the
Nuclear Non-Proliferation Treaty acceded to by the Republic;
to regulate the acquisition and possession of nuclear fuel,
certain nuclear and related material and certain related equipment,
as well as the importation and exportation of, and certain
other acts and activities relating to, that fuel, material
and equipment in order to comply with the international obligations
of the Republic; to prescribe measures regarding the discarding
of radioactive waste and the storage of irradiated nuclear
fuel; and to provide for incidental matters.
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The
National
Nuclear Regulator Act, 1999 (Act No. 47 of 1999) provides
for the establishment of a National Nuclear Regulator in order
to regulate nuclear activities, for its objects and functions,
for the manner in which it is to be managed and for its staff
matters; to provide for safety standards and regulatory practices
for protection of persons, property and the environment against
nuclear damage; and to provide for matters connected therewith.
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What is the
Compensation for Occupational Injuries
and Diseases Act, 1993?
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The Compensation
for Occupational Injuries and Diseases Act, 1993 provides
for compensation for disablement caused by occupational injuries
or diseases sustained or contracted by employees in the course
of their employment, or for death resulting from such injuries
or diseases; and to provide for matters connected therewith.
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Circular
180 is an instruction issued to clarify the compensation
of claims for work-related upper limb disorders (WRULDs).
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What is the
OHS Framework Directive 89/391/EEC?
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The OHS
Framework Directive 89/391/EEC guarantees minimum safety
and health requirements throughout Europe while Member States
are allowed to maintain or establish more stringent measures.
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