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

Regulations

Major Hazard Installation Regulations, 2022

3. Management of establishment

 

(1) In order to ensure that the provisions of the Act and these Regulations in relation to major hazard installation are complied with, the duty holder must designate a responsible person in writing and in full-time capacity in respect of every premises where an establishment is operated.

 

(2) Subject to subregulation (1), the chief inspector may require that any high hazard establishment be operated by a designated responsible person who holds a relevant qualification.

 

(3) A duty holder may appoint, in writing, one or more deputies to assist the responsible person designated in terms of subregulation (1), and must clearly define the duties of such deputies without exempting the responsible person designated in subregulation (1) to properly discharge their duties.

 

(4) If, in the opinion of the chief inspector, circumstances require the appointment of one or more deputies as contemplated in subregulation (3), the chief inspector may instruct the duty holder to appoint a specified number of deputies.

 

(5) Every duty holder must on a regular basis consult with the neighbouring establishments and counterparts within the potential impact zone—
(a) to discuss any associated major incident associated with the type of establishment;
(b) to share any changes made to the establishment that alters the risk profile; and
(c) to share alert systems in a case of emergency.

 

(6) The duty holder must keep a record of all consultations contemplated in subregulation (5).