Legricon LUN Volume 13 - Issue 1

Legricon (Pty) Ltd 06 February 2017
Volume 13, Issue 1

Legricon Legal Inside this issue

Update Newsletter OHSA........................................... 1

Occupational Health & Safety Act 85 of 1993 COIDA .........................................2

Draft Ergonomics Regulations Skills & Qualifications..................3

The Minister of Labour published proposed Regulations pertaining to Ergonomics as per Govern- NEM: Waste Act..........................4
ment Notice No. R.64 in Government Gazette No. 40578 of 27 January 2017.
Agriculture & Protected Areas ....5
These Regulations will focus on a programme approach to manage physical and cognitive ergonom-
ics in the workplace. These Regulations shall apply to an employer or self-employed person who NEM: BA & AQA ..........................6
carries out work at a workplace which may expose any person to physical and cognitive ergonomic
risk factors in that workplace, and a person who designs, manufactures, erects, installs or supplies NEMA & Disaster Management ..7
machinery, equipment or articles for use at work.
BREAKING NEWS & REMINDER...8
The Regulations deal with various requirements relating to specific definitions; information & train-
ing; the duties of persons who may be exposed to ergonomic risk factors; the duties of designers, Foodstuff & Additives .................9
manufacturers and suppliers; ergonomic risk assessment; risk control; medical surveillance; mainte-
nance of controls; records; an Ergonomics’ Health and Safety Technical Committee; and offences Legricon Information ..................9
and penalties.
Special points of interest
Interested parties have been invited to comment on the details of the draft Regulations before 27
April 2017 on the prescribed format (as per the notice). A copy of the Regulations can be download-  This issue covers Government
ed at www.gpwonline.co.za or by clicking here. Gazettes from October 2016 to
January 2017.
Occupational Health & Safety Act 85 of 1993
 The newsletter is intended to
Draft Explosives Regulations be an easily accessible resource
of changes to occupational
The Minister of Labour published proposed Regulations pertaining to Explosives as per Government safety, health and environmen-
Notice No. R.1402 in Government Gazette No. 40415 of 11 November 2016. tal (SHE) legislation that affects
Legricon’s clients, and is not
These Regulations will repeal the Explosive Regulations, 2002 that is currently in use. These Regula- meant to constitute legal opin-
tions will apply to any employer, self-employed person or user who operates an explosives work- ion or advice.
place for the purpose of manufacturing, testing, storing or using explosives.
 The newsletter should also
These Regulations would deal with various aspects pertaining to the manufacturing, testing, storing satisfy management system
and use of explosives, by laying down various requirements and processes. requirements such as ISO
14001 and OHSAS 18001 that
Full details pertaining to these proposed Regulations can be found in the published gazette at requires management to be
www.gpwonline.co.za, or by clicking here. The window period for commenting on the regulations informed of the legal milieu in
closed during December 2016. which their businesses operate.

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.

Compensation for Occupational Injuries & Diseases Act 130 of 1993
Increase of Maximum Amount of Earnings on which the Assessment of an
Employer shall be calculated

The Minister of Labour published his intention to The Government Gazette can be downloaded at
increase the maximum amount of earnings to an www.gpwonline.co.za or by clicking here.
amount of R403 500 per annum with effect from
01 April 2017, as per Government Notice No. 1577
in Government Gazette No. 40509 of 19 December
2016.

Any interested party who wishes to comment on
this proposed amendment, may submit comments
to the Compensation Commissioner before 19
February 2017.

COIDA 130 of 1993 Compensation for Occupational Injuries & Diseases Act 130 of 1993
Notice of Assessment Increase in monthly pensions

The Commissioner of the Workmen’s The Minister of Labour published his intention to
Compensation Fund published a increase monthly pensions with effect from 01 April
Notice for the revision of assess- 2017, as per Government Notice No. 1577 in Gov-
ments in terms of Government No- ernment Gazette No. 40509 of 19 December 2016.
tice No. 1386 in Government Gazette
No. 40406 on 07 November 2016. Any interested party who wishes to comment on
this proposed amendment, may submit comments
According to this notice, the Com- to the Compensation Commissioner before 19
pensation Fund has been receiving a February 2017.
number of requests from employers
to revise assessments. The Government Gazette can be downloaded at
www.gpwonline.co.za or by clicking here.
The Compensation Fund subsequent-
ly analyzed the relevant provisions in Compensation for Occupational Injuries & Diseases Act 130 of 1993
the COID Act regarding returns on Amendments to the Schedule for Calculation of Compensation
earning assessments, and expressed
their wish to bring the following to The Minister of Labour published his intention to
the attention of the employers: amend the schedule for calculating compensation
with effect from 01 April 2017, as per Government
1. The employer must submit Notice No. 1577 in Government Gazette No. 40509
returns of earning to the Direc- of 19 December 2016.
tor-General (separate returns
may be required for different Any interested party who wishes to comment on
business premises or classes; this proposed amendment, may submit comments
and to the Compensation Commissioner before 19
February 2017.
2. Employers will be assessed by
the Director-General. The Government Gazette can be downloaded at
www.gpwonline.co.za or by clicking here.
Download the Government Gazette
at www.gpwonline.co.za or by click-
ing here.

2

Skills Development Act 97
of 1998
(Re-) Establishment of SETA’s

The Minister of Higher Education
and Training established and/or re-
established twenty one Sector
Education and Training Authorities
in terms of Government Notice No.
1570 in Government Gazette No.
40505 of 15 December 2016.

The notice can be downloaded at
www.gpwonline.co.za or by click-
ing here.

Caption describing picture or graphic 3

Call for public comment on the Draft National Quali-
fications Framework Amendment Bill, 2016

The Minister of Higher Education and Training, published the draft National Qualifications Frame-
work Amendment Bill, 2016 for public comment in terms of Government Notice No. 1423 in
Government Gazette No. 40430 of 18 November 2016.

The purpose of the Bill is to amend the National Qualifications Framework Act, 2008 so as to:

1. Provide for the insertion of new definitions;

2. Provide for the accreditation of private education institutions or private providers to offer
qualifications or part -qualifications or any component thereof as contemplated in the
principal Act;

3. Provide for a separate register for professional designations;

4. Provide for the formulation of evaluation criteria of foreign qualifications;

5. Provide for the establishment of a register of fraudulent qualifications;

6. Provide for the adherence of education institutions, employers and courts of law to the
legal obligations to report fraudulent qualifications;

7. Provide for the establishment by SAQA of a register of misrepresented qualifications;

8. Provide for employers to be obliged to refer qualifications of employees to SAQA for valida-
tion and verification:

9. Provide for transitional arrangements and for matters connected therewith.

Although the required submission period for comments ended 17 December 2016, is still im-
portant to take note of the proposed changes to the National Qualifications Framework Act,
2008.

Full details of the proposed changes can be downloaded from www.gpwonline.co.za or by click-
ing here.

NEM: Waste Act 59 of 2008 National Environmental Management: Waste Act 59 of 2008
Registration of Waste Trans-
porters Proposed amendments to the National Waste Information Regulations

The Minister of Environmental Affairs The Minister of Environmental Affairs published a The full details pertaining to these changes can be
published a notice of intention to notice of intention to make amendments to the viewed by downloading the relevant Government
require any person or category of national waste information regulations, as per Gov- Gazette at www.gpwonline.co.za, from the South
persons who transports waste for ernment Notice No. 1556 in Government Gazette African Waste Information Centre (SAWIC) under
gain to register with the Department, No. 40490 of 12 December 2016. “Draft Documents for comment”, or by clicking here.
as per Government Notice No. 1555
in Government Gazette No. 40490 of Various changes are proposed to the Regulations “The Greatest threat to our Plant
12 December 2016. pertaining to: - is our belief that someone else
The purpose of this Notice is to re- will Save it” - Robert Swan
quire any person or category of 1. The addition of some-, and removal of some
persons who transports waste for definitions;
gain to register with the Department
on the South African Waste Infor- 2. The exclusion of certain activities;
mation System.
The particulars relating to the pro- 3. Persons having access to the information held
posed changes can be downloaded in the SAWIS;
from www.gpwonline.co.za by
searching for the Government Indi- 4. The addition of-, removal of- and replacement
cated above, or directly by clicking of words and concepts;
here.
5. Amendment and/or replacement of certain
4 annexures;

National Environmental Management: Waste Act 59 of 2008

Amendments to the Waste Tyre Regulations, 2009

The Minister of Environmental Affairs published 3. Addition of important requirements relating to
amendments to the Waste Tyre Regulations, 2009, as waste tyres, plans, applications, notices, reports
per Government Notice No. R. 1493 in Government and timeframes;
Gazette No. 40470 of 02 December 2016.
4. Penalties; and
Changes relating to the Regulations relate to
(amongst other things): 5. Transitional Arrangements

1. The addition off, and/or deletion of certain Specific details can be obtained by downloading the
definitions; relevant Government Gazette at
www.gpwonline.co.za or by clicking here.
2. The addition off, and/or deletion of certain
words, sentences and concepts;

National Environmental Management: Waste Act 59 of 2008

Proposed amendments to the regulations regarding the planning and man-
agement of residue stockpiles and residue deposits, 2015

The Minister of Environmental Affairs published a also provide for textual amendments to provide clari-
notice of intention to amend the regulations regard- ty, consequential amendments and transitional ar-
ing the planning and management of residue stock- rangements.
piles and residue deposits, 2015, as per Government
Notice No. 1440 in Government Gazette No. 40447 of The particulars relating to the proposed changes can
25 November 2016. be downloaded from www.gpwonline.co.za or by
clicking here.
The main aim of the amendments is to allow for the
pollution control barrier system, required for residue
stockpiles and residue deposits, to be determined on
a case by case basis, based on a risk analysis conduct-
ed by a competent person. "Competent person" is
defined in the existing regulations. The amendments

Fertilizers, Farm Feeds, Agricultural Remedies and
Stock Remedies Act 36 of 1947

Proposed regulations relating on fertilizers

The Minister of Agriculture, Forestry and Fisheries, published proposed regulations on fertilizers
in terms of Government Notice No. 1567 in Government Gazette No. 40498 of 15 December
2016.

To download the Government Gazette, visit www.gpwonline.co.za or click here for direct down-
load.

The above mentioned Proposed Regulation Relating to Fertilizers is available on DAFF website:
www.daff.gov.za for public viewing at the following address route: Branch- Agricultural Produc-
tion, Health & Food Safety - Agriculture Inputs Control- Gazette and notices -> press enter.

[Please click here to go to indicated address]

“We do not inherit the earth from our ancestors, we borrow it from our children.”
- Native American Proverb

National Environmental Management: Protected Ar-
eas Act 57 of 2003

Norms and standards for the inclusion of private nature re-
serve in the register of protected areas of South Africa

The Minister of Environmental Affairs pub- Protected Areas Register and into the
lished proposed prescribed norms and stand- Protected Areas Database; and
ards for the inclusion of private nature re-
serves in the register of protected areas of (e) (e) make the private nature reserves
South Africa, as per General Notice No. 731 in eligible for tax relief in terms of section
Government Gazette No. 40402 of 04 Novem- 17 of the Municipal Property Rates Act
ber 2016. and or section 18A of the Income Tax
Act as determined in the Biodiversity
The purpose of these norms and standards Stewardship programme.
will be to –
These norms and standards will apply to–
(a) verify the existence of private nature
reserves in practices, not only in name; (a) land regarded as a nature reserve in
terms of section 12 of the Act, or having
(b) provide for the recognition of the pri- been declared as such in terms of sec-
vate nature reserves as bona fide pro- tion 23(5); or
tected areas in terms of the Act;
(b) all private land declared as a nature
(c) secure the continued integrity of private reserve in terms of section 23(3) of the
nature reserves as natural areas sup- Act.
porting South Africa’s biological diversity
and its landscapes through their man- The Government Gazette containing the pro-
agement; posed norms an d standards can be down-
loaded by visiting www.gpwonline.co.za or by
(d) provide for norms for the recognition of clicking here.
private nature reserves into the National

5

NEM: Air Quality Act 39 of National Environmental Management: Biodiversity Act 10
2004 of 2004
Declaration of certain printing
industry activities as con- Norms and Standards for the Management of Damage-causing Animals in
trolled emitters and establish- South Africa
ment of emission standards
The Minister of Environmental Affairs gave notice to 3. Minimum Standards.
The Minister of Environmental Affairs correct the publication of the unsigned General
published a notice of intention to Notice No. 512 of 30 August 2016 on the norms and These norms and standards apply to the manage-
declare certain printing activities as standards for the management of damage -causing ment of any wild vertebrate animal within the Re-
controlled emitters, as per Govern- animals in South Africa, as per General Notice No. public of South Africa that causes damage, and
ment Notice No. 1373 in Government 749 in Government Gazette No. 40412 of 10 Novem- which is regulated.
Gazette No. 40402 of 04 November ber 2016.
2016. The details of these norms and standards can be
The unsigned General Notice No. 512 of 30 August examined by downloading the Government Gazette
This Notice shall apply to all printing 2016 is replaced with this signed correction notice. at www.gpwonline.co.za or directly by clicking here.
industry activities which are oper-
ating anywhere in the country. The purpose of these norms and standards is to
provide -
An Air Quality Officer shall be respon-
sible for coordinating matters per- 1. For a uniform approach regarding damage
taining to this Notice. causing animals;

Compliance Timeframes: 2. Appropriate and effective management inter-
ventions or equipment which should be imple-
1. New printing industry activity mented by a competent person; and
must comply with the emission
standards for new printing National Environmental Management: Biodiversity Act 10
industry activity as contained in of 2004
Part 3 on the date of publica-
tion of this Notice in the Ga- Draft distribution maps for certain indigenous species
zette.
The Minister of Environmental Affairs published a these species in areas where they have not occurred
2. Existing printing industry activi- notice of intention to publish distribution maps for before.
ty must comply with emission certain indigenous species to facilitate implementa-
standards for existing printing tion of the Threatened or Protected Species Regula- The distribution maps are applicable to the imple-
industry activity as contained in tions, 2007, as far as it relates to the translocation of mentation of the Threatened and Protected Species
Part 3 within 5 years. specimens to areas that fall outside their natural (TOPS) Regulations, and the Alien and Invasive Spe-
distribution ranges, as per General Notice No. 727 in cies (AIS) Regulations.
Further requirement pertaining to Government Gazette
Emission Measurement, Reporting No. 40398 of 03 Novem- This gazette can be down-
Requirements, Emission Limits and ber 2016. loaded from
required annexures, can be observed www.gpwonline.co.za or
in the Government Gazette indicated In order to provide by clicking here.
above. The Government Gazette can certainty relating to the
be downloaded from natural distribution According to the notice as
www.gpwonline.co.za, or directly by ranges of indigenous published, the distribution
clicking here. species, the Department maps and supporting infor-
of Environmental Affairs mation are available for
6 developed distribution download at the Depart-
maps for certain indige- ment of Environmental
nous species. Affairs’ Website -
www.environment.gov.za

It is anticipated that the distribution maps will assist
in addressing some of these difficulties and provide
certainty relating to the natural distribution range of
indigenous species. However, the purpose of the
distribution maps is neither to prohibit the transloca-
tion of specimens of listed threatened or protected
species to areas that fall outside their natural distri-
bution ranges, nor to prohibit the introduction of

National Environmental Management Act 107 of
1998

Amendments to Financial Provisioning Regulations, 2015

The Minister of Environmental Affairs amend- Regulations and annually thereafter-
ed the Financial Provisioning Regulations,
2015 in terms of Government Notice No. 1314  Ensure that a review, assessment and
in Government Gazette No. 40371 of 26 Octo-
ber 2016. adjustment of the financial provisions
conducted in accordingly;
The Regulations were amended by the dele-
tion of subsection 5 from Regulation 17 and  Submit an updated financial provision.
the extension of the transitional period - A
holder, or holder of a right or permit who Full particulars can be found in the indicated
applied for such right or permit prior to the downloadable Government Gazette at
commencement of the Regulations but who www.gpwonline.co.za or click here for direct
obtained such right or permit after the com- download.
mencement of the Regulations, must within
39 months of the commencement of the

“A nation that destroys its soils destroys itself. Forests are the lungs of our land,
purifying the air and giving fresh strength to our people.” - Franklin D. Roosevelt

Disaster Management Act 57 of 2002

Guideline on Conducting a Comprehensive Risk Assessment,
Part 1: Hazard analysis, identification and prioritisation

The Head of the National Disaster Manage- disaster risk lies in the knowledge of the haz-
ment Centre issued Guidelines on Conducting ards and the physical, social, economic and
a Comprehensive Risk Assessment, Part 1: environmental vulnerabilities and also ways in
Hazard Analysis, Identification and Prioritisa- which hazards and vulnerabilities are chang-
tion, as per the schedule published in terms of ing in the short and long term, followed by
Government Notice No. 1363 in Government action taken on the basis of that knowledge
Gazette No. 40393 of 02 November 2016. (UNISDR, 2005).

Section 8 of the DMA establishes the National This guideline provides the methodology to
Disaster Management Centre (NDMC) with identify, analyse and prioritise the hazard
the objective to promote an integrated and component as part of the broader compre-
coordinated system of disaster management, hensive disaster risk assessment process.
with special emphasis on prevention and
mitigation by national, provincial and munici- The main outcome of using the guideline, is a
pal organs of state, statutory functionaries, ranking of the priority hazards of the commu-
other role players and communities. The DMA nity/municipality/province as the case may be
also assigns various powers and duties to the and should form the basis for risk reduction
NDMC which amongst others includes not planning.
only advisory and consultative functions, but
also the power to make recommendations The full details pertaining to this Guideline
and give guidance to stakeholders with re- can be downloaded at www.gpwonline.co.za
gards to disaster management. or by clicking here.

The Hyogo Framework for Action 2005-2015 7
indicates that the starting point for reducing

BREAKING NEWS Occupational Health and Safety Act 85 of 1993

Code of Practice for Existing Goods Hoist Installations

The Chief Inspector at the Department of Labour, in tor and Passenger Conveyor Regulations , 2010.
terms of Government Notice No. 94 of 2017 in Gov-
ernment Gazette No. 40594 of 03 February 2017, The new Code of Practice stipulates requirements
incorporated the "Code of Practice for Existing pertaining to existing Goods Hoist Installations, in
Goods Hoists Installations" (Installed prior 30 Sep- terms of the following:
tember 2015) that were previously regulated under
the Driven Machinery Regulations , 2008 in-  MACHINERY SPACES
to Lift , Escalator and Passenger Convey-  MACHINERY
or Regulations, 2010.  CONTROLS
 SHAFT ENCLOSURES
This Code of Practice is aimed at providing the mini-  CARS
mum requirements for existing good hoists  REGISTRATION
(Installed prior 30 September 2015) that were previ-
ously regulated under the Driven Machinery Regula- The details of this Code of Practice can be examined
tions , 2008. In the new Driven Machinery Regula- by downloading the Government Gazette at
tions, 2015, regulation 17 was repealed and it gave a www.gpwonline.co.za or directly by clicking here.
directive that all existing good hoists shall within five
years comply with the provisions of the Lift Escala-

REMEMBER REMINDER:

Occupational Health and Safety Act 85 of 1993

Notice regarding Application for Construction Work Permit
in terms of Construction Regulations, 2014

All valued Legricon Clients are hereby reminded of ously responsible to apply for Construction Work

the second section of the Chief Inspector’s Temporary Permits, might now be obliged to do so, if construc-

Exemption kicking in this month. tion work commences after 7 February 2017.

The notice that was published on 24 July 2015 stipu- The original Notice can be downloaded from
lated that clients intending to have construction work www.gpwonline.co.za or directly by clicking here.
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 February 2017 and the
works contract is of a value exceeding forty million
rand or Construction Industry Development Board
(CIDB) grading level 8.

It is therefore important that all clients take note that
this part of the Notice will be commencing on 7 Feb-

8 ruary 2017, meaning that clients that was not previ-

Legricon (Pty) Ltd Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

Legricon offers a wide range of con- Regulations relating to Miscellaneous Additives in Foodstuffs
sulting, auditing, and training services
to assist employers in achieving and The Minister of Health made Regulations relating to Miscellaneous Additives in Foodstuffs as set
maintaining legal compliance, with out in the schedules as published in terms of Government Notice No. 1425 in Government Ga-
specific focus on occupational safety, zette No. 40432 of 17 November 2016.
health, and environmental (SHE)
management. Requirements for use of miscellaneous additives in foodstuffs:

Legal compliance is necessitated by 1. A miscellaneous additive shall at all times conform with the applicable Specifications of
legal risks associated with non- Identity and Purity recommended by the Codex Alimentarius Commission or appropriate
compliance, as well as formalized specifications developed by reputable national or international bodies.
management system frameworks and
guidelines such as the Corporate 2. A person may not sell a miscellaneous additive, or a foodstuff containing a miscellaneous
Governance codes, ISO 14001, and additive as an ingredient, other than a miscellaneous additive referred to in the GSFA of the
OSHAS 18001. Codex Alimentarius Commission.

Legricon offers competitive pricing, 3. A person may not import, manufacture or sell a foodstuff with levels that exceed the maxi-
specialist experience, and customer mum level for miscellaneous additives.
focused quality.
4. The food category descriptors within the food category system of the GSFA as stipulated for
assigning food additive use in these Regulations apply to all foodstuffs.

5. Miscellaneous additives may not be used in foodstuffs intended for infants and young chil-
dren.

6. The food additives in this Regulation shall include miscellaneous additives provided by the
relevant Codex commodity standards.

For full details of these Regulations as published, please download the relevant Government
Gazette at www.gpwonline.co.za or click here to download.

CONTACT LEGRICON AT: The Six Basic Steps to Legal Compliance:
Legricon (Pty) Ltd
1. Create Awareness - All persons functioning at all levels in the business should be made
729 Paarl Street aware of their legal duties, roles, responsibilities and rights in relation to Occupational
Wingate Park Health and Safety and the Environment.
Pretoria
0181 2. Identification - Identify and register all relevant legal requirements.
3. Implementation - Implement strategies to satisfy the requirements that have been identi-
Phone: 012 345 2388
Fax: 086 513 8295 fied and recorded in the Legal Register, and make it part of the day-to-day management
Email: [email protected]; activities of the company.
[email protected]; 4. Formalization - Formalised systems are invaluable in ensuring consistency and continuous
[email protected] compliance.
5. Review Compliance Regularly - Internal Evaluations / Audits, Cross-Departmental Audits /
Peer Evaluations, External Audits & Certification.
6. Remedial Action - Take remedial action when there is non-compliance. Fix the problem
before it creates liability

Legal Update Newsletter
Volume 13, Issue 1
06 February 2017