ciated with lifts, escalators and

passenger conveyors.

The aim of these guidance

notes is to explain in simple

language the provisions of the

Lift, Escalator and Passenger

Conveyor Regulations and to

stress the principle of self -

regulation. The guidelines do

not substitute the regulations.

The Department of Labour

published Guidelines in terms

of the Lift, Escalator and Pas-

senger Conveyor Regulations

of 2009 as incorporated into

the Occupational Health and

Safety Act 85 of 1993 as pub-

lished in terms of Government

Notice No. R 763 of 28 Au-

gust 2015 in GG 39132 of

28/082015.

This document consists of

explanatory notes on the ap-

plication of the more im-

portant regulations concerning

lift, escalator and passenger

conveyor. The notes are

meant to help and guide sup-

pliers, contractors, mainte-

nance providers, users, inspec-

tion service providers and

inspectors. The purpose of the

regulations, their meaning and

suggested administration are

explained.

The Lift, Escalator and Passen-

ger Conveyor Regulations

were published on 17 Septem-

ber 2010 in Government No-

tice No. R 828 with the aim of

protecting employees and

users against the dangers asso-

Occupational Health and Safety Act, Act 85 of 1993 Guidelines for Lift, Escalator and Passenger Conveyor Regulations, 2009

LEGAL UPDATE 3 1 A U G U S T 2 0 1 5 V O L U M E 1 1 , I S S U E 4

S P E C I A L

P O I N T S O F

I N T E R E S T :

This issue covers Government Gazettes available from the Government Printers from 01 May 2015 to 28 August 2015. The newsletter is intended to be an easily accessible resource of changes to occupational safety, health and environmental (SHE) legisla-tion that affects Legricons clients, and is not meant to constitute legal opinion or advice. Whilst every effort has been made to ensure that the information published in this work is accurate, Legricon (Pty) Ltd and its employees take no responsibility for any loss or damage suffered by any person as a result of the reliance upon the information therein. Legricon retains copyright in this newsletter and breaches will be dealt with in

accordance with copyright law.

The newsletter should also

satisfy management system

requirements such as ISO

14001 and OHSAS 18001 that

requires management to be

informed of the legal milieu

in which their businesses

operate.

INSIDE THIS ISSUE

OHSA - Guidelines for LEPCR, 2009

OHSA - Notice of Directive: Health &

Safety Policy

1

MHSA - Explosives

NHA - Emergency Medical Services 2

NRSRA - National Railway Safety

Permit Regulations

NRSRA - National Railway Safety

Permit Fees

3

NEM: BA - Amendments to the

Regulations on Bio-prospecting,

access and benefit-sharing

4

NEM: AQA - List of Activities which

result in Atmospheric Emissions

MPRDA - Regulations for Petroleum

Exploration and Production

5

SPLUMA - Commencement

MSA - Eyesight & Medical Exams

and Safe Manning, Training and

Certification

OHSA - SANAS Accreditation

6

NEM: WA - Admission of Guilt Fines 7

NEM: WA - Planning and Manage-

ment of Residue Stockpiles and

Residue Deposits

OHSA Construction Regulations -

Construction Work Permit

8

DRAFT Legislation 9

Legricon Information 10

Occupational Health and Safety Act, Act 85 of 1993 Notice of Direction - Health & Safety Policy

The OHSAS 18001: Occupational

Health and Safety Management

Systems - Specification and

OHSAS 18002: Occupational

Health and Safety Management

Systems - Guidelines for the

implementation of OHSAS

18001, may be used as guidelines.

The Chief Inspector of the De-

partment of Labour published a

Notice of Directive in terms of

section 7(1) of the Occupational

Health and Safety Act 85 of 1993

in a Corrective Government

Notice as published in terms of

Government Notice No. 717 of

14 August 2015 in GG 39099 of

14/08/2015.

All employers in the Class XXI:

Medical services, Animal hospitals

etc., are directed to prepare a

written policy concerning the

protection of the health and safety

of employees at work, including a

description of the organization

and the arrangements for carrying

out and reviewing that policy

within two (2) years from the date

of the notice.

The policy should:

Include a commitment regard-

ing health and safety;

Be appropriate to the hazards

and risks identified;

Include a commitment to

comply with the relevant OHS

legislation, codes of practice

and guidelines;

Include a commitment to

provide appropriate resources;

Provide a framework for

measuring performance and

ensuring continuous improve-

ment;

Be documented, understood,

implemented and maintained;

Cover employee representa-

tion, committee meetings and

worker participation;

Provide for employee cooper-

ation and compliance;

Be made available to all inter-

ested parties;

P A G E 2 V O L U M E 1 1 , I S S U E 4

L E G A L U P D A T E

The Minister of Mineral Re-

sources published amendments

to Chapter 4 of the Mine Health

and Safety Regulations pertaining

to Explosives in terms of Gov-

ernment Notice No. R 584

of 10 July 2015 in GG 38970

of 10/07/2015.

Various definitions have

been amended to provide

for more clarity in terms of

the application of the regu-

lations.

The following regulations

have also been amended:

1. Security in respect of

explosives

2. Receipt, storage, issuing

and transportation of

explosives

3. Destruction of explosives

4. Approved explosives and

the usage of explosives at

mines

5. Primary and Secondary

blasting to be performed

by a competent person

6. Management and control over

explosives

7. Persons performing primary or

secondary blasting may be

assisted

8. Certification of initiation appa-

ratus and blasting systems

9. Precautionary measures before

initiating explosive charges

10. Precautions after charges have

been initiated

11. Precautions when initiating by

means of electricity

12. Precautions for misfires, sock-

ets and old explosives

13. Precautionary measures for

marking, drilling and blasting

Mine Health and Safety Act 29 of 1996 Regulations relating to Explosives

The Minister of Health published

the Emergency Medical Services

Regulations in terms of Govern-

ment Notice No. R 413 of 08 May

2015 in GG 38775 of 08/05/2015.

These Regulations apply to-

(a) public and private emergency

medical services operating in

the RSA (excl. SANDF)

(b) the South African Military

Health Services when provid-

ing a service within the civil-

ian environment to non-

military patients.

These Regulations cover the

following issues:

1. Licensing - who should be

licensed, what must be

licensed and when must

licensing take place.

2. Application for license -

Documentation Require-

ments.

3. Processing of application -

Process Requirements &

Timeframes.

14. Prevention of flammable gas

and coal dust explosions

15. Shot holes to be stemmed and

tamped

16. Amount or mass of explosives

in a shot hole

17. General precautions

This amendment also includes an

amendment of Chapter 22.4 - Com-

petent Person for Explosives, as it

affects Regulations 4.4(1) and 4.4(3)

in terms of when is a person a

competent person to perform

primary and secondary blasting and

who may assist such a person.

4. Inspection - Inspection

Process for Emergency

Services.

5. Emergency Medical Services

Advisory Committee - Es-

tablishment, Management &

Functions.

6. Exclusion of members of

Committee - conditions

under which committee

members may not take part

in discussions and/or deci-

sions.

7. Declarations by members of

Committee - what should

committee members de-

clare.

8. Termination of membership

- when is a members mem-

bership terminated.

9. Consideration of application

for license - what should the

committee consider when

license applications are

made.

10. Committee's recommenda-

tions - submission.

11. Decision of Head of Depart-

ment - Requirements.

12. Issuing of license and license

tokens.

13. Display of license and li-

cense token.

14. Annual renewal of license

and license token - Require-

ments.

15. Inspection of registered

Emergency Medical Service -

Requirements.

16. Management of Emergency

Medical Service - Appoint-

ments.

17. Information concerning

Emergency Medical Service -

Records & Documentation.

18. Cancellation and suspension

of license - Conditions &

Requirements.

19. Reinstatement of license and

lifting of suspension - Condi-

tions & Requirements.

20. Amendment of license -

Process & Requirements.

21. Change of ownership - New

Applications to be made.

22. Fees - Determination

23. Appeal - Process

24. Exemptions

25. Powers of emergency medi-

cal service personnel

26. Incident management and

coordination of Emergency

Medical Services - Control

during major incident or

disaster.

27. Offences and penalties

28. Delegations - what can be

delegated.

29. Transitional provisions -

Existing EMS are allowed to

operate for 1 year after

commencement of regula-

tionsthen apply for li-

cense.

National Health Act 61 of 2003) Emergency Medical Services Regulations

P A G E 3

Neither a wise

man nor a brave

man lies down on

the tracks of history

to wait for the train

of the future to run

over him.

- Dwight D Eisenhower

National Railway Safety Regulator Act 16 of 2002)

The National Railway Safety Permit Regulations, 2015

The Minister of Transport

published the National Railway

Safety Permit Regulation, 2015

in terms of Government No-

tice No. R 549 of 30 June 2015

in GG 38929 of 30/06/2015.

These Regulations seek to

regulate the manner in which

applications for safety permits

should be made, the types of

safety permits to be applied

for and by whom such applica-

tions must be made.

These Regulations apply to the

following persons contemplat-

ed in section 22 of the act:

(a) Network Operators;

(b) Train Operators;

(c) Station Operators; and

(d) Any other category of

persons designated as

requiring a safety per-

mit by the Minister by

notice in the Gazette.

The regulations further pro-

vide for the regulation of the

L E G A L U P D A T E V O L U M E 1 1 , I S S U E 4

following issues:

1. Types of permits

2. Application for safety

permits

3. Processing of the safety

permit application

4. Payment for safety per-

mits application

5. Issuance of safety permits

6. Duration of safety per-

mits

These shall come into opera-

tion on the date of publication

in the Gazette.

National Railway Safety Regulator Act 16 of 2002)

Determination of Safety Permit Fees

The Minister of Transport pub-

lished the fees that the Railway

Safety Regulator must charge for

safety permits in terms of Gen-

eral Notice No. 663 of 30 June

2015 in GG 38930 of

30/06/2015.

A non -refundable application

fee must accompany an appli-

cation for a safety permit. The

fees are specified in the sched-

ule as published.

The following fees are payable

according to published sched-

ule:

1. Fees for General Safety

Permit - A non-refundable

application fee must ac-

company an application

for a safety permit for

Train, Network and Sta-

tion operators.

2. Other Safety Permit Fees

for Railway Operations in

terms of: Temporary

Operations, Construction

Operations and Test &

Commissioning activities.

3. Permit Fee Rates for non

rail-related revenue gen-

erating train operators,

network operators and

station operators.

4. Permit fee rates for rail-

related revenue generat-

ing train operators, net-

work operators and sta-

tion operators.

The permit fee rates and for-

mulae specified in the sched-

ule do not apply to the fol-

lowing legal entities and their

respective Operating Divi-

sions:

(a) Transnet SOC Ltd act-

ing through its Operat-

ing Divisions: Transnet

Freight Rail (TFR);

Transnet Port Termi-

nals; Transnet National

Ports Authority; Trans-

net Engineering; and

Transnet Pipelines

(b) Passenger Rail Agency of

South Africa (PRASA)

(c) Bombela Operat ing

Company

(d) All registered non -

South African train op-

erators operating in the

Republic of South Africa

These legal entities have specific

permit fee rates that have been

determined and published under

this publication for the 2015 /16

financial year.

National Environmental Management: Biodiversity Act 10 of 2004 Amendments to the regulations on Bio-prospecting, access and benefit-sharing

P A G E 4 V O L U M E 1 1 , I S S U E 4

The Minister of Environmental Affairs pub-

lished amendments to regulations on Bio-

prospecting, access and benefit-sharing in

terms of General Notice No. 447 of 19 May

2015 in GG 38809 of 19/05/2015.

The purpose of the Regulations is to-

(a) prescribe the notification process for

the discovery phase of bioprospecting

involving any indigenous genetic and

biological resources contemplated in

section 81A (2) of the Act;

(b) prescribe the permit system set out in

Chapter 7 of the Act insofar as that

system applies to bioprospecting

involving any indigenous genetic and

biological resources or export from

the Republic of any indigenous genetic

and biological resources for the pur-

pose of bioprospecting or any other

kind of research;

(c) set out the form and content of, and

requirements and criteria for benefit-

sharing and material transfer agree-

ments; and

(d) set out the administration process of

the Bioprospecting Trust Fund.

These Regulations apply to-

(a) commercial or industrial sectors that

utilize any indigenous genetic and

biological resources for biotrade or

for research, application or develop-

ment of drugs, complementary medi-

cines, neutraceuticals, industry en-

zymes, food flavours, fragrances,

cosmetics, emulsifiers, oleoresins,

colours, extracts, and essential oils.

(b) commercial or industrial sectors that

utilize traditional knowledge associat-

ed with any indigenous genetic and

biological resources for biotrade or

for research, application or develop-

ment of drugs, complementary medi-

cines, neutraceuticals, industry en-

zymes, food flavours, fragrances,

cosmetics, emulsifiers, oleoresins,

colours, extracts, and essential oils.

(c) non-commercial sectors that export

from the Republic any indigenous

genetic and biological resources for a

research to generate scientific data.

The Regulations contain the applicable

information and requirements pertaining to:

1. The Permit issuing Authority.

2. The Permit System for Bioprospecting

and for Research other than Bio-

prospecting.

3. Material Transfer Agreements, Benefit

-sharing Agreements and the Admin-

istration of the Bioprospecting Trust

Fund.

4. General Matters, such as Offences

and Penalties.

5. Transitional Provisions.

Any permits issued in terms of the Bio-

prospecting, Access and Benefit-Sharing

Regulations, 2008 that have not expired on

the date of coming into effect of these Regu-

lations, must despite the repeal of those

Regulations be regarded as having been

issued in terms of these Regulations, and

remain valid until expiry date.

An application for a permit submitted in

terms of the Bioprospecting, Access and

Benefit-Sharing Regulations, 2008 and which

is pending when these Regulations take effect

must be dispensed with in terms of these

Regulations.

Various relevant forms that should be used

during application and agreement processes

have also been included as annexures in the

regulations as published. They include:

Annexure 1 DISCOVERY PHASE NO-

TIFICATION FORM

Annexure 2 APPLICATION FORM FOR

A DISCOVERY PHASE EXPORT PERMIT

Annexure 3 APPLICATION FOR AN

EXPORT PERMIT FOR RESEARCH OTHER

THAN BIOPROSPECTING

Annexure 4 NON-REFUNDABLE FEES

FOR PERMITS APPLICATION

Annexure 5 APPLICATION FORM FOR

A BIOPROSPECTING PERMIT OR BIO-

TRADE PERMIT OR INTEGRATED BIO-

TRADE AND BIOPROSPECTING PERMIT

Annexure 6 DISCOVERY PHASE EX-

PORT PERMIT

Annexure 7 EXPORT PERMIT FOR

RESEARCH OTHER THAN BIOPROSPECT-

ING

Annexure 8 BIOTRADE PERMIT

Annexure 9 BIOPROSPECTING PER-

MIT

Annexure 10 INTEGRATED BIO-

TRADE AND BIOPROSPECTING PERMIT

Annexure 11 MATERIAL TRANSFER

AGREEMENT

Annexure 12 BENEFIT-SHARING

AGREEMENT

Annexure 13 COMMUNITY RESOLU-

TION

L E G A L U P D A T E

P A G E 5

It is sunlight in modified

form which turns all the

windmills and water wheels

and the machinery which

they drive. It is the energy

derived from coal and

petroleum (fossil sunlight)

which propels our steam

and gas engines, our

locomotives and

automobiles. ... Food is

simply sunlight in cold

storage. -

John Harvey Kellogg

National Environmen-

tal Management:

Air Quality Act 39 of

2004

National Environmental Management: Air Quality Act 39 of 2004

Amendments to the List of Activities which result in Atmospheric Emissions

The Minister of Environmental

Affairs amended the List of Activi-

ties which result in atmospheric

emissions which have or may have

a significant detrimental effect on

the environment, including health,

social conditions, economic condi-

tions, ecological conditions or

cultural heritage in terms of Gen-

eral Notice No. 551 of 12 June

2015 in GG 38863 of 12/06/2015.

Category 1 of the List has been

amended by the addition of certain

additional requirements pertaining

to waste.

Category 2 of the List has also

been amended by the replacement

of the subcategory relating to

Combustion Installations with an

new subcategory containing new

requirements.

Category 3 of the List have also

been amended by the addition of

new requirements relating to

waste, and the substitution of

the subcategory relating to Char,

Charcoal and Carbon Black

Production.

Category 4 of the List have

been amended to include addi-

tional requirements relating to

waste and the subcategory relat-

ing to Primary Aluminium Pro-

duction have been substituted.

Category 5 of the List have also

been amended by the substitu-

tion of the subcategory relating

to Clamp Kilns for Brick Produc-

tion.

L E G A L U P D A T E V O L U M E 1 1 , I S S U E 4

Mineral and Petroleum Resources Development Act 28 of 2002

Regulations for Petroleum Exploration and Production, 2015

The Minister of Mineral Resources

published the Amendment Regula-

tions for Petroleum Exploration

and Production, 2015 in terms of

Government Notice No. R 466 of

03 June 2015 in GG 38855 of

03/06/2015.

The purpose of these Regulations

is to augment the Mineral and

Petroleum Resources Develop-

ment Regulations, so as to pre-

scribe standards and practices that

must ensure the safe exploration

and production of petroleum.

These Regulations apply to on-

shore exploration and production

operations and must be read with

the Act, the Mineral and Petrole-

um Resources Development Reg-

ulations and any other relevant

legislation.

In these regulations, regulations

means the regulations published

under GN R1288 of 29 October

2004, as amended by GN R1203

of 30 November 2006 and GN

R349 of 18 April 2011. The regu-

lations has been amended by the

addition of regulations after regu-

lation 83.

The newly published Regulations

provide additional definitions to

relevant terms and concepts, and

provide for new requirements

relating to the following issues:

1. Environmental Impact

Assessment - e.g. EIA,

Water Resource Monitor-

ing, Assessment of Related

Seismicity, Site Preparation,

Protection of Astronomy

Activities

2. Well Design and Con-

struction - e.g. Well Risk

Identification and Assess-

ment, Well Design, Well

Construction Standards,

Formation Pressure Integri-

ty Tests, Blowout Preven-

tion

3. Operations and Man-

agement - e.g. Manage-

ment of Operations, Hy-

draulic Fracturing Equip-

ment, Mechanical Integrity

Tests and Monitoring,

Management of Water,

Management of Waste,

Management of Pollution

Incidents, Management of

Air Quality

4. Well Suspension and

Decommissioning - e.g.

Well Suspension, Suspend-

ed Well Integrity Manage-

ment, Well Decommis-

sioning and Closure

The Regulations also includes a

schedule (Schedule 1) pertaining

to substances that will not be

allowed as additives to fracturing

fluids.

Spatial Planning and Land Use Management Act 16 of 2013

Commencement

P A G E 6 V O L U M E 1 , I S S U E 1

The President proclaimed in terms

of Proclamation No. 26 of 27 May

2015 in GG 38828 of 27/05/2015

that the Spatial Planning and Land

Use Management Act 16 of 2013

will come into operation on 01

July 2015.

Safe Manning, Training and Certification

Amendment Regulations, 2015

The Minister of Transport amended the Merchant Shipping - Safe

Manning, Training and Certification Regulations, 20165 in terms of

Government Notice R 534 of 25 June 2015 in GG 38912 of

25/06/2015.

The Merchant Shipping (Safe Manning, Training and Certification)

Amendment Regulations, 2015 included the removal of certain word

and insertion of other phrases into the Regulations.

Eyesight and Medical Examination

Amendment Regulations, 2015

The Minister of Transport amended the Merchant Shipping - Eye-

sight and Medical Examination Regulations, 2004 in terms of Gov-

ernment Notice R 534 of 25 June 2015 in GG 38912 of 25/06/2015.

The Merchant Shipping (Eyesight and Medical Examination) Amend-

ment Regulations, 2015 included the removal of certain words and

insertion of other phrases into the Regulations.

Merchant Shipping Act of 1951

Occupational Health and Safety Act 85 of 1993 Notice of Inclusion - Approved Inspection Authorities

The Chief Inspector of the De-

partment of Labour published a

Notice of Inclusion in terms of

Government Notice No. 758 of

21 August 2015 in GG 39128 of

21/08/2015.

This notice of inclusion means

that SANAS accreditation is now

also a requirement for approval

as an Approved Inspection Au-

thority to perform inspection ser-

vices in terms of the following

Regulations:

1. Asbestos Regulations 8, 18

& 21;

2. Hazardous Biological Agents

Regulation 12;

3. Hazardous Chemical Sub-

stances Regulations 6 & 12;

4. Lead Regulations 7 & 14; and

5. Noise Induced Hearing Loss Regulation 7.

L E G A L U P D A T E

P A G E 7

National Environmental Management: Waste Act 59 of 2008

Regulations for Admission of Guilt Fines, 2015

The Minister of Environmental

Affairs published regulations pertain-ing to the identification and setting of admission of guilt fines for certain

offences listed in section 67 of the National Environmental Manage-

ment: Waste Act 59 of 2008.

The offences in terms of the Waste Act are, to the extent specified in

the Table attached to the Regula-tions specified as offences in respect of which a maximum admission of

guilt fine, stipulated in column 3 of

the said Table, may be issued and

paid.

These Regulations apply only to

offences in terms of the Waste Act that relate to general waste and are not applicable to offences that relate

to hazardous waste or priority

waste.

The following offences in terms of the NEM: Waste Act will have a (five thousand rand) R 5 000 Admis-

sion of Guilt Fine available as an

option:

1. Failure by a person who stores waste to take steps to ensure

that the containers in which any

waste is stored, are intact and not corroded or in any other

way rendered unfit for the safe

storage of waste.

2. Failure by a person who stores waste to take steps to ensure

that adequate measures are taken to prevent accidental

spillage or leaking.

May the footprints

we leave behind

show that weve

walked in kindness

toward the Earth

and every living

thing

- Inspired by Native

American philosophy

L E G A L U P D A T E V O L U M E 1 1 , I S S U E 4

3. Failure by a person who stores

waste to take steps to ensure that the waste cannot be blown

away.

4. Failure by a person who stores

waste to take steps to ensure that nuisances such as odour, visual impacts and breeding of

vectors do not arise.

5. Failure by a person who gener-

ates waste that is collected by a municipality to place it in a container approved, designated

or provided by the municipality for that purpose and in a loca-tion approved or authorised by

the municipality.

6. Throwing, dropping, depositing, spilling or in any other way

discarding any litter into or onto any public place, land, vacant erf, stream, watercourse, street or road, or on any place

to which the general public has access, except in a container or place specifically provided for

that purpose.

7. Allowing any person under that person's control to throw, drop, deposit, spill or in any

other way discard any litter into or onto any public place, land, vacant erf, stream, watercourse,

street or road, or on any place to which the general has except

in a container or place specifi-

cally provided for that purpose.

8. Failure to provide the munici-pality concerned, within a rea-sonable time after receipt of

notice in in writing or publica-tion of notice in the Gazette, such data, information, docu-ments, samples or materials,

and the verification of such information, that are reasonably required to discharge its obliga-

tions to provide the Minister or

MEC with information, docu-ments, samples or materials for

the purposes of a national or municipal waste management

system.

9. Failure by a person who is in

control of a vehicle, or in a position to control the use of a vehicle, that is used to transport waste for the purpose

of offloading that waste, to take all reasonable steps to prevent spillage of waste or littering

from the vehicle.

10. Intentionally or negligently causing spillage or littering from a vehicle that is used to

transport waste for the purpose of offloading that waste, where that person is in control of a

vehicle, or in a position to

control the use of a vehicle.

National Environmental Management: Waste Act 59 of 2008 Regulations Regarding the Planning and Management of Residue Stockpiles and

Residue Deposits

P A G E 8 V O L U M E 1 , I S S U E 1

The Minister of Environmental Affairs

published regulations regarding the

planning and management of residue

stockpiles and residue deposits from a

prospecting, mining, exploration or

production operation in terms of Gov-

ernment Notice No. R 632 of 24 July

2015 in GG 39020 of 26/07/2015.

The purpose of these Regulations is to

regulate the planning and management

of residue stockpiles and residue de-

posits from a prospecting, mining, ex-

ploration or production operation.

These Regulations pertain specific re-

quirements pertaining to:

1. The assessment of impacts and

analyses of risks relating to the

management of residue stockpiles

and residue deposits

2. Characterisation of residue

stockpiles and residue deposits

3. Classification of residue stock-

piles and residue deposits

4. Investigation and the selection of

site for residue stockpiling

5. Design of the residue stockpiles

and residue deposits

6. Impact Management

7. Duties of the holder of right or

permit

8. Monitoring and reporting system

for residue stockpiles and residue

deposits

9. Dust management and control

10. Decommissioning, closure and

post closure management of resi-

due stockpiles and residue depos-

its

11. Transitional arrangements

12. Offences and penalties

carried out, apply to the provincial director in writing

for a construction work permit to perform construction

work if the intended construction work starts on or

after the 7th of February 2017 and the works contract

is of a value exceeding forty million

rand or Construction Industry

Development Board (CIDB) grad-

ing level 8.

3. A client who intends to have con-

struction work carried out, must at

least 30 days before that work is

to be carried out, apply to the

provincial director in writing for a construction work

permit to perform construction work if the intended

construction work starts on or after the 7th of August

3018 and exceeds 365 days; will involve more than 3800

person days of construction work; or the works con-

tract in of a value exceeding thirteen million rand or

Construction Industry Development Board

(CIDB) grading level 7.

The Chief Inspection of the Department of Labour pub-

lished a Notice Regarding the Application for Construction

Permits as contemplated in the OHS Act, Construction

Regulations, 2015 in terms of Government Notice No. 641

of 24 July 2015 in GG 38025.

In terms of this notice the following exemptions are granted

in terms of Regulation 3 of the Construction Regulations,

2015:

1. A client who intends to have construction work carried

out, must at least 30 days before that work is to be

carried out, apply to the provincial director in writing

for a construction work permit to perform construc-

tion work if the intended construction work starts

after the 7th of August 2015 and the works contract is

of a value exceeding one hundred and thirty million

rand or Construction Industry Development Board

(CIDB) grading level 9,

2. A client who intends to have construction work carried

out, must at least 30 days before that work is to be

Occupational Health and Safety Act 85 of 1993 Construction Regulations, 2015 - Notice regarding Construction Work Permit

L E G A L U P D A T E

The following draft Safety, Health & Environmental Management legislation items have

been published for public comment:

1. National Environmental Management Act 107 of 1998 - Draft Regulations relating to the procedure

to be followed and criteria when determining an appropriate fine in terms of section 24G [GG

39024 of 24/07/2015]

2. National Environmental Management: Air Quality Act 39 of 2004 - Draft Air Quality Offsets Guide-

line s [GG 38894 of 26/06/2015]

3. Employment Equity Act 55 of 1998 - Revised Draft Code of Good Practice on the Employment of

Persons with Disabilities [GG 38872 of 12/06/2015]

4. National Qualifications Framework Act 67 of 2008 - Draft registration of recognised designations

for Institute for Work at Height: Fall Arrest Supervisor, Scaffolder, Advanced Scaffolder, Scaffold

Supervisor (References various unit standards for working at heights) [GG 38870 of 12/06/2015]

5. National Environmental Management: Air Quality Act 39 of 2004 - Draft Regulations Prescribing

the Atmospheric Emission Licence Processing Fee [GG 38863 of 12/06/2015]

6. National Environmental Management: Air Quality Act 39 of 2004 - Draft National Greenhouse Gas

Emission Reporting Regulations [GG 38857 of 05/06/2015]

7. National Environmental Management: Biodiversity Act 10 of 2004 - Draft Biodiversity Management

Plan for 11 Critically Endangered and 4 Endangered Cycad Species [GG 38844 of 05/06/2015]

8. Draft Climate Change Sector Plan for Agriculture, Forestry and Fisheries {GG 38851 of

03/06/2015]

9. National Environmental Management: Biodiversity Act 10 of 2004 - Draft Amendments to the Alien

and Invasive Species Lists [GG 38833 of 29/05/2015]

10. National Environmental Management: Integrated Coastal Management Act 24 of 2008 - Draft Ap-

peal Regulations [GG 38803 of 22/05/2015]

11. National Road Traffic Act 93 of 1996 - Draft Amendment to National Road Traffic Regulations

(transporting persons on goods vehicles) [GG 38772 of 11/05/2015]

12. Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 - Draft Regulations Governing General

Hygiene Requirements for Food Premises, the Transport of Food and Related Matters [GG 38746

of 30/04/2015]

13. National Regulator for Compulsory Specifications Act 5 of 2008 - Amendments to the Compulsory

Specification for Circuit-Breakers (VC8036) [GG 38735 of 30/04/2015]

Progress is impos-

sible without

change, and those

who cannot change

their minds cannot

change anything.

- George Bernard

Shaw

L E G A L U P D A T E

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Volume 11, Issue 4

31 August 2015

www.legricon.co.za

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Driven Machinery Regulations 2015 Training

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Legal Liability Training (General / Designers / Man-

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OHSA Introduction Training

SHE Legal Overview Training

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