Special Investigating Units and Special Tribunals Act, 1996
R 385
Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsAsbestos Regulations, 20018. Air monitoring |
| (1) | Where exposure is in excess of half the OEL for asbestos, an employer shall ensure that a measurement programme of the concentration of airborne regulated asbestos fibres to which an employee is exposed, is— |
| (a) | carried out in accordance with these Regulations; |
| (b) | carried out only after the relevant health and safety representative or relevant health and safety committee has been informed thereof and was given a reasonable opportunity, as mutually agreed upon, to comment thereon; |
| (c) | carried out by— |
| (i) | an approved asbestos inspection authority; or |
| (ii) | a person whose ability to do the measurements is verified by an approved asbestos inspection authority; |
| (d) | representative of the exposure of employees to the airborne asbestos fibres in accordance with subregulation (2); and |
| (e) | verified in accordance with subregulation (3) if the measurements are carried out by a person contemplated in subregulation (l)(c)(ii). |
| (2) | In order to comply with the provisions of subregulation (l)(d), an employer shall ensure— |
| (a) | that the measurement programme— |
| (i) | in the case of a group measurement, makes provision for the selection of the number of persons for a sample to be done as contemplated in chapters 3 and 4 and table A-2 of Technical Appendix A of the OESSM: Provided that measurements of exposure shall be by personal sampling taken in accordance with MDHS 3914: Provided further that in so far as any provision of the OESSM and the MDHS 39/4 is repugnant to a provision of the Occupational Health and Safety Act, 1993, and these Regulations, the provisions of the Act and these Regulations shall take precedence; and |
| (ii) | if in the case of the most exposed employee measurement, the exposure exceeds the OEL for asbestos, then any other employee whose exposure could be above the OEL for asbestos is identified and that measurements representative of typical exposure shall be carried out on every employee identified: and |
| (b) | that representative measurements contemplated in subregulation 1 (d) are carried out at least every 12 months: Provided that whenever the OEL for asbestos is exceeded, regulation 11 shall apply. |
| (3) | In order to comply with subregulation (l)(e), an employer shall obtain the services of an approved asbestos inspection authority who shall, at intervals not exceeding 12 months, do the required verification— |
| (a) | by examining the measurement and analysis equipment of the employer; |
| (b) | by questioning the person contemplated in subregulation (1)(c)(ii) regarding the measurement programme; |
| (c) | by carrying out, together with the person contemplated in subregulation (1)(c)(ii), the measurement programme required by subregulation (2) for any one group; and |
| (d) | by ensuring that the results of the measurement and investigation as contemplated in subregulation (2) and (3) respectively, have been recorded as required by regulation 16. |
