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Frequently Asked Questions

 

The Legal Aspect

 

  • Which act governs the industrial sector?
 

The Industrial Sector falls under the the Occupational Health and Safety Act 1993 (Act No. 85 of 1993) (also known as OHSA), which is enforced by the Department of Labour (DoL).

 

  • I fall under the industrial sector - what do I have to do to be legally compliant?

 

 
  • Which act governs the mining sector?
 

The Mining Sector falls under the Mine Health and Safety Act 1996 (Act No. 29 of 1996) (also known as MHSA), which is enforced by the Department Mineral Resources (DMR)

 

  • I fall under the mining sector - what do I have to do to be legally compliant?

 

 
  • Which act governs environmental compliance?
 

Environmental compliance falls under the National Environmental Management Act, 1998 (also known as NEMA), which is governed by the Department Environmental Affairs (DEAT).

 

  • What is a Section 12.1 appointment?
 

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.

 

  • Our company was closed under a Section 54 directive, what does that mean?
 

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.)

 

  • We received a non-conformance notice, what happens now?
 
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.

 

  • What is BS EN 689:1996
 

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.

 

  • What is SANS 10083:2012
 

Is a South African National Standard 10083:2012 - The measurement and assessment of occupational noise for hearing conservation purposes.

 

  • What is NIOSH OESSM
 

NIOSH OESSM is the National Institute for Occupational Safety and Health - Occupational Exposure Sampling Strategy Manual.

 

  • What is Government Notice No. R683
 

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.

 

  • What is EH42
 

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.

 

  • What is SANS 10103:2008
 

Is a South African National Standard 10103:2008 - The measurement and rating of environmental noise with respect to annoyance and to speech communication.

 

  • What is Government Notice No. R827?
 

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).

 

  • What is AMSTIM D1739
 

AMSTIM D1739 Is an American Standard - Test Method for Collection and Measurement of Dustfall (Settleable Particulate Matter).

 

  • How do I apply for an APPA Permit / Air Emission Licence
 

Government Gazette 32962, Notice No. 141 of 2010 refers to the application process for an Atmospheric Emission Licence.

 

  • What is ISO14000?
 

ISO14000 refers to an Environmental Management System.

 

  • What is ISO18000?
 

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.

 

  • What is the Hazardous Substances Act of 1973?
 

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.

 

  • What is the 2006/25/EC Optical Radiation Directive?
 

The 2006/25/EC Optical Radiation Directive covers all artificial sources of optical radiation.

 

  • What is the Nuclear Energy Act of 1999
 

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.

 

  • What is the NNRA?
 

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.

 

  • What is the Compensation for Occupational Injuries and Diseases Act, 1993?
 

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.

 

  • What is Circular 180?
 

Circular 180 is an instruction issued to clarify the compensation of claims for work-related upper limb disorders (WRULDs).

 

  • What is the OHS Framework Directive 89/391/EEC?
 

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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