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

Regulations

Asbestos Abatement Regulations, 2020

11. Duties of asbestos client for asbestos work

 

( 1) An asbestos client, employer or self-emp loyed person carrying out type 1 asbestos work must—
(a) provide an up-to-date inventory of asbestos in place, as contemplated in regulation 4, when asbestos work is planned;
(b) ensure that  an  asbestos risk assessment, as contemplated in regulation 5, is carried out prior to asbestos work;
(c) ensure that a written safe work procedure is developed and followed; and
(d) as far as is reasonably practicable, provide adequate information,

instruction and training, as contemplated in regulation 7, to any person who may be exposed to asbestos as a result of that asbestos work.

 

(2) An asbestos client, employer or self-employed person planning type 2 or type 3 asbestos work must—
(a) provide an up-to-date inventory of asbestos in place, as contemp lated in regulation 4, to the registered asbestos contractor and approved inspection authority;
(b) if asbestos-containing  material intended for removal or repair is not identified in the inventory of asbestos in place, review and update the inventory;
(c) ensure that an asbestos risk assessment is carried out prior to asbestos work;
(d) appoint, in writing, an approved inspection authority;
(e) ensure that the appropriately registered asbestos contractor performs type 2 or type 3 asbestos work as per the asbestos plan of work;
(f) ensure that notification of asbestos work is given  as contemplated in regulation 10(2);
(g) ensure that they have co-signed the asbestos plan of work for the asbestos repair or removal work to be carried out;
(h) stop any registered asbestos contractor from executing any asbestos work which poses a health or safety risk to persons until such time that the risk has been appropriately mitigated;
(i) before any asbestos work commences on site, ensure that the registered asbestos contractor is registered and in good standing with the Compensation Fund or with a licensed compensation insurer as contemplated in the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993); and
(j) where  a  fatality  or  permanent disabling injury occurs during asbestos work, report such fatality or injury to the Chief Director: Provincial Operations as contemplated in section 24 of the Act and in accordance with regulations 8 and 9 of the General Administrative Regulations, 2003.

 

(3) After completion of type 2 or type 3 asbestos work, the asbestos client must obtain an asbestos clearance certificate from the approved inspection authority.