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

Regulations

Asbestos Abatement Regulations, 2020

1. Definitions

 

In these Regulations any word or expression to which a meaning has been assigned in the Act has the meaning so assigned and, unless the context otherwise indicates—

 

"approved plan of work"

means a written site-specific methodology as contemplated in regulation 15 that is at least co-signed by the asbestos client, registered asbestos contractor and approved inspection authority;

 

"asbestos"

means the following fibrous silicates:

(a) Asbestos actinolite, CAS No. 77536-66-4;
(b) asbestos grunerite (amosite), CAS No. 12172-73-5 ;
(c) asbestos anthophyllite, CAS No. 77536-67-5;
(d) chrysotile, CAS No. 12001-29-5 or CAS No. 132207-32-0;
(e) crocidolite, CAS No. 12001-28-4;
(f) asbestos tremolite, CAS No. 77536-68-6; and
(g) any mixture containing these fibrous silicates;

 

"asbestos cement products"

means a range of building materials that were manufactured using moulding and compress ion techniques, consisting of a hardened mixture of asbestos fibres, cement and water;

 

"asbestos clearance certificate"

means a written document verifying that the regulated asbestos fibre concentration in the air meets the clearance indicator;

 

"asbestos client"

means any person for whom asbestos work is performed;

 

"asbestos coating"

means a surface coating which contains asbestos for fire protection , heat insulation or sound insulation, but does not include textured decorative coatings;

 

"asbestos-containing material"

means asbestos as well as any material that contains asbestos and includes asbestos cement products, asbestos coating, asbestos insulation board, asbestos insulation, asbestos textured  decorative coatings, asbestos contaminated soil and other asbestos-containing materials;

 

"asbestos disposal site"

means a site specifically designated for the purpose of asbestos disposal in terms of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008);

 

"asbestos dust"

means airborne or settled dust, which contains or is  likely  to contain regulated asbestos fibres ;

 

"asbestos in place"

includes any asbestos, asbestos cement products, asbestos coatings, asbestos-containing material, asbestos dust, asbestos insulation, asbestos insulation board and asbestos waste at the workplace;

 

"asbestos insulation"

means any asbestos-containing material, which is used for thermal, acoustic or other insulation purposes, including fire protection, except—

(a) asbestos cement, asbestos coating or asbestos insulating board; or
(b) any  article of  bitumen,  plastic,  resin or  rubber,  which  contains asbestos and which thermal and acoustic properties are incidental to its main purpose;

 

"asbestos insulating board"

means any flat sheet, tile or building board consisting of a mixture of asbestos and cement or any other material, but which is not—

(a) asbestos coating; or
(b) an article of bitumen, plastic, resin or rubber, which contains asbestos and which thermal and acoustic properties are incidental to its main purpose;

 

"asbestos removal site"

means a workplace where asbestos removal work is performed;

 

"asbestos removal supervisor"

means a competent person responsible for supervision of physical asbestos work processes and coordination of asbestos removal on an asbestos removal site;

 

"asbestos risk assessment"

means a risk assessment and risk categorisation of potential exposure to asbestos dust;

 

"asbestos waste"

means an undesirable or superfluous asbestos or asbestos-containing product or by-product or the undesirable or superfluous asbestos or asbestos-containing emission or residue of any process or activity, which  has been—

(a) discarded by any person; or
(b) accumulated and stored temporarily with the purpose of discarding it, with or without prior treatment connected with the discarding thereof;

 

"asbestos work"

means work that exposes or is likely to expose an employee to asbestos dust, including transporting, storing, removing, handling, treating, repairing and disposing of asbestos;

 

"CAS No."

means the Chemical Abstracts Service Registry Number;

 

"Chief Director: Provincial Operations"

means the provincial director as defined in regulation 1 of the General Administrative Regulations, 2003, published  as Government Notice R.929 in Gazette No. 25129 of 25 June 2003;

 

"clearance indicator"

means the measured airborne concentration of regulated asbestos fibres is less than 0,01 fibres per millilitre (f/ml), as measured in accordance with HSG 248 or an equivalent method;

 

"competent person"

means a person who—

(a) has, in respect of the work or task to be performed, the required knowledge, training and experience and,  where applicable, qualifications specific to asbestos work or related tasks: Provided that, where appropriate qualifications and training are registered in terms of the National Qualification s Framework Act, 2008 (Act No. 67 of 2008), those qualifications and that training must be regarded as the required qualifications and training; and
(b) is familiar with the Act and the applicable regulations made under the Act;

 

"demolition work"

means a method to dismantle, wreck, break, pull down or knock down a structure or part thereof by way of manual labour, machinery or the use of explosives;

 
"environmental air monitoring"

includes static air monitoring for regulated fibres conducted downwind from outdoor type 2 asbestos work or outside asbestos enclosures where type 3 asbestos work is performed or in any area where there is the potential for asbestos contamination;

 

"exposed to asbestos"

means exposed or likely to be exposed to asbestos dust while at the workplace, and "exposure" has a corresponding meaning;

 

"HSG 248"

means Health and Safety Guidance 248: Asbestos  - The  Analysts' Guide for Sampling, Analysis and Clearance Procedures, published in 2005 , or latest update;

 

"incidental asbestos exposure"

means unintentional exposure to  airborne asbestos at a workplace where asbestos is present;

 

"non-asbestos-related work"

includes work performed in the vicinity of asbestos-containing materials or asbestos cement products, but excludes work performed on or with asbestos-containing materials or asbestos cement products;

 

"OEL"

means the occupational exposure limit, the value of which is set by the Minister, for a stress factor in the workplace;

 

"OEL for asbestos"

means an occupational exposure limit of 0, 1 regulated asbestos fibres per millilitre of air over a continuous period of four hours measured in accordance with HSG 248;

[Definition substituted by Notice No. R.2092, GG46380, dated 20 May 2022]

 

"registered asbestos contractor"

means either a contractor , a mandatory or an employer who conducts type 2 asbestos work or type 3 asbestos work or asbestos removal work, who is registered with the chief inspector;

 

"regulated asbestos area"

means an area demarcated and controlled as contemplated in regulation 18;

 

"regulated asbestos fibre"

means a particle of asbestos with a length-to-diameter ratio greater than 3 to 1, a length greater than 5 micrometres and a diameter less than 3 micrometres;

 

"removal of asbestos"

means all tasks included in the process of removing asbestos from the location specified in the inventory of asbestos in place to the final disposal site;

 

"repair of asbestos-containing materials"

means restoring asbestos-containing materials to a safe condition, after damage, using non-destructive methods in a manner that does not cause the release of asbestos fibres;

 

"respiratory protective equipment"

means a device which is worn over at least the mouth and nose to control the inhalation of air that is not safe;

 

"risk  categorisation"

means  the  grouping  and  ordering  of  potential  asbestos exposure risks as contemplated in regulation 5(3);

 

"short-term exposure limit"

means a short-term exposure limit of 0,6 regulated asbestos fibres per millilitre of air, measured over a continuous 10-minute period;

 

"the Act"

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

 

"type 1 asbestos work"

means—

(a) painting of asbestos cement products in a manner that does not require surface  preparation and does not cause the release of asbestos fibres; or
(b)   the removal of  less than  10 square metres of asbestos cement products or equivalent gutters and piping or asbestos insulating board, where removal work may not be repeated on the same site within a period of six months; and,

does not require registration as a registered asbestos contractor with the chief inspector;

 

"type 2 asbestos work"

means—

(a) the repair or encapsulation of asbestos cement products in a manner that does not require surface preparation; or
(b) the removal of asbestos cement products or asbestos insulating board; and,

requires registration as a type 2 registered asbestos contractor with the chief inspector;

 

"type 3 asbestos work"

means—

(a) the removal, repair or encapsulation of any asbestos and asbestos-containing material; and,

requires registration as a type 3 registered asbestos contractor with the chief inspector;

 

"UN Transport of Dangerous Goods"

means the UN Recommendations on the Transport of Dangerous Goods - Model Regulations, Volumes 1 and 2, which are guidance documents developed by the United Nations to harmonise dangerous goods transport regulations, may be updated from time to time, and are commonly known as the UN Orange Book.