OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993: NOTICE OF EXEMPTION IN TERMS OF SECTION 40 OF THE ACT, READ WITH REGULATION 3(4) OF THE GENERAL SAFETY REGULATIONS

OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993: NOTICE OF EXEMPTION IN TERMS OF SECTION 40 OF THE ACT, READ WITH REGULATION 3(4) OF THE GENERAL SAFETY REGULATIONS

Notice Title: Occupational Health and Safety Act 85 of 1993 (“OHSA”): Notice of exemption in terms of section 40 of the OHSA, read with regulation 3 (4) of the General Safety Regulations

Government Notice: GN 2240 in GG 46667 on 6 July 2022

Commencing date: 1 April 2021

The Acting Chief Inspector: OHS gave notice that all employers in the Class XXI: Medical services, Animal hospitals etc., of the classification of industries in terms of the Compensation for Occupational Injuries and Diseases Act, 1993 are exempted from the provisions of regulation 3(4) of the General Safety Regulations, GNR 1031 of 30 May 1986 (“GSR”) that requires an employer to appoint a trained first aider.

Class XXI: Medical Services, Animal Hospitals, etc., includes:

  • 2100: Dentistry; the business of medical practitioner, masseur or radiologist, including nursing and ambulance associations; chiropodists; the business of conducting electro medical institutes.
  • 2110: The business of running hospitals; maternity or nursing homes; medical research laboratories; asylums, sanatoria; clinics; malaria health committees; the business of veterinary surgeon; dog breeder; bird fancier; domestic pet dealer; the business of conducting animal hospitals and homes.

The exemption does however not preclude an Inspector demanding the provision of employee/s trained in first aid in areas where an inspector is of the opinion that the health and safety of employees in their course of employment or in connection with the use of plant and machinery is threatened.

For a copy of the Government Gazette Notice click here.

For more information or assistance please contact Gert van der Waal at gert@shangoni.co.za.

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