OCCUPATIONAL HEALTH AND SAFETY ACT, 85 OF 1993: COMMENCEMENT OF REGULATIONS 3 AND 20 OF THE ASBESTOS ABATEMENT REGULATIONS, 2020

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OCCUPATIONAL HEALTH AND SAFETY ACT, 85 OF 1993: COMMENCEMENT OF REGULATIONS 3 AND 20 OF THE ASBESTOS ABATEMENT REGULATIONS, 2020

Notice Title: Occupational Health and Safety Act 85 of 1993 (“OHSA”): Commencement of regulations 3 and 20 of the Asbestos Abatement Regulations, GNR 1196 of 10 November 2020 (“AAR”)

Commencing date: 10 May 2022

Regulations 3 and 20 of the AAR commenced on the 10th of May 2022 as stipulated by regulation 27(2) of the AAR.

For a copy of the AAR click here.

How to ensure compliance at my operations?

Employers must ensure that:

  • All asbestos-containing material present at the workplace must be identified by a competent person;
  • If it is uncertain whether the suspected material contains asbestos, it must either be deemed to be asbestos-containing material or a sample of that material should be analysed for the presence of asbestos by a laboratory competent to carry out such analyses;
  • If part of the workplace is inaccessible and considered by a competent person as likely to contain asbestos, it must be assumed that asbestos is present in that area;
  • If no asbestos is identified on site, this must be substantiated by a written asbestos-free status of the workplace compiled by a competent person. It should be noted that this will not be required if the building or structure occupied by the Employer was constructed after 28 March 2011;
  • The presence of asbestos is clearly and legibly identified amongst other by using the pictogram set out in Annexure 1 to the AAR:
    • All asbestos in place identified in the asbestos inventory as required by regulation 4 of the AAR
    • Asbestos waste, including ensuring that a sufficient number of labels that would adequately serve as warning of potential exposure are posted and that the waste transporting vehicle is clearly identified in accordance with the UN Transport of Dangerous Goods or UN Orange Book
    • Any asbestos-contaminated soil or land contaminated with asbestos waste
    • Any regulated asbestos area as per regulation 18 of the AAR.

For assistance or queries please contact Gert van der Waal at gert@shangoni.co.za.

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