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Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

40. Exemptions

 

(1) The Minister may, for such period and on such conditions as may be determined by him, exempt any employer or user or any category of employers or users, generally or with respect to any particular employee or category of employees or users or with respect to any matter, from any of or all the provisions of this Act or the provisions of a notice or direction issued under this Act.

 

(2) The period for which exemption may be granted under subsection (1) may commence on a date earlier than the date on which exemption is granted, but not earlier than the date on which application for such exemption was made to the Minister.

 

(3) An exemption under subsection (1) shall—
(a) in the case of the exemption of a particular employer or user, be granted by issuing to such employer or user a certificate of exemption in which his name and the scope, period and conditions of the exemption are specified;
(b) in the case of the exemption of a category of employers or of a category of such users, be granted by the publication in the Gazette of a notice in which that category of employers or users is described and the scope, period and conditions of the exemption are specified—

Provided that the Minister may grant exemption—

(i) to an organisation of employers or an organisation of users in accordance with the requirements of either paragrapgh (a) or paragraph (b):
(ii) from any health and safety standard incorporated in the regulations under section 44, in any manner which he may deem expedient.

 

(4) A certificate of exemption contemplated in subsection (3)(a) and a notice contemplated in subsection (3)(b) may at any time be amended or withdrawn by the Minister.

 

(5) An exemption under subsection (1) shall lapse—
(a) upon termination of the period for which it was granted;
(b) upon withdrawal of the relevant certificate or notice under subsection (4).

 

(6) Any exemption granted under section 32 of the Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), to the extent to which it grants exemption from the operation of a provision similar to a provision in respect of which exemption may be granted under subsection (1) of this section, which exemption has at the commencement of this Act not lapsed as contemplated in subsection (5) of the said section 32, shall be deemed to have been granted under this section.