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

Regulations

Lead Regulations, 2001

7. Air monitoring

 

(1) Where exposure to airborne lead is in excess of half the OEL for lead, an employer contemplated in regulation 2(1) shall ensure that the measurement programme of the airborne concentrations of lead 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 given a reasonable opportunity, as mutually agreed upon, to comment thereon;
(c) carried out by—
(i) an approved lead inspection authority; or
(ii) a person whose ability to do the measurements is verified by an approved lead inspection authority;
(d) representative of the exposure of employees to airborne lead 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 (1)(c)(ii).

 

(2) In order to comply with the provisions of subregulation (1)(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 in so far as any provision of the OESSM and the HSG 173 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 apply;
(ii) in the case of the most exposed employee measurement, if the exposure exceeds the OEL for lead, then any other employee whose exposure could be above the OEL for lead is identified and that measurements representative of typical exposure shall be carried out on every employee identified; and
(b) that representative measurements are carried out at least every 12 months: Provided that whenever the OEL for lead is exceeded, regulation 11 shall apply.

 

(3) In order to comply with subregulation (1)(e), an employer shall obtain the services of an approved lead inspection authority who shall, at intervals not exceeding 12 months, perform the required verification by—
(a) examining the measurement and analysis equipment of the employer;
(b) questioning the person contemplated in subregulation (1)(c)(ii) regarding the measurement programme;
(c) 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) recording the results of the measurement and investigation as contemplated in subregulations (2) and (3) respectively, as required by regulation 10.