Legricon LUN Volume 14 - Issue 1

Legricon (Pty) Ltd 25 June 2018
Volume 14, Issue 1

Legricon Legal Inside this issue

Update Newsletter 1. OHSA - DMR: SANS removed…….1
2. OHSA - LEPCR: SANS replaced……1
Occupational Health and Safety Act 85 of 1993 3. NEMA - Mines Financial…………….2
4. MHSA COP: Airborne Pollutants..2
Incorporation of Safety Standards into the Driven Machin- 5. OHSA - GSR: First Aid………………...3
ery Regulations (withdrawal of SANS 2972) 6. NHA - Notifiable Conditions……….3
7. NEM:AQA - Pol Prevention………..4
The Chief Inspector of the Department of Labour removed SANS 2972 from the Driven 8. NEM:ICMA - Land Reclamation….4
Machinery Regulations, 2015 as per Government Notice No. R. 483 of 11 May 2018 in GG 9. NWA - Measuring Devices………...4
41622. 10. NEMA - Gauteng……………………….5
11. NEM:WA - IWMA………………..…….5
SANS 2972 deals with Lifting Tackle Inspections. 12. NEMA - Practitioners………………...5
13. NRSRA - SMS & SMSR………………..6
To view this notice, visit www.gpwonline.co.za or click here to download. 14. Something to add……………………...7
15. Legricon Information…………………8
Occupational Health and Safety Act 85 of 1993
SPECIAL POINTS OF INTEREST
Incorporation of Safety Standards into the Lift, Escalator
and Passenger Conveyor Regulations This issue covers Government Gazettes
from December2017 to June 2018.
The Chief Inspector of the Department of Labour replaced SANS 50081-1 and SANS 50081
-2 from the Lift, Escalator and Passenger Conveyor Regulations, 2010, with SANS 50081- The newsletter is intended to be an easily
20 and SANS 50081-50 as per Government Notice No. R. 484 of 11 May 2018 in GG accessible resource of changes to occupa-
41622. tional safety, health and environmental
(SHE) legislation that affects Legricon’s
• SANS 50081-1 deals with the safety rules for the construction and installation of clients, and is not meant to constitute
electric lifts; legal opinion or advice.

• SANS 50081-2 and deals with the Safety rules for the construction and installation The newsletter should also satisfy man-
of hydraulic lifts ; agement system requirements such as
ISO 14001, ISO 45001 and OHSAS 18001
• SANS 50081-20 deals with the safety rules for the construction and installation of lifts that requires management to be in-
formed of the legal milieu in which their
used for the transport of persons and goods; and businesses operate.

• SANS 50081-50 deals with the safety rules for the construction and installation of lifts, with

specific reference to examinations and tests (i.e. Design rules, calculations, examinations and
tests of lift components)

It was further noted that units sold after 29 November 2019 will have to comply with the require-
ments of SANS 50081-20 and SANS 50081-50 only.

In the meantime, any units sold and installed may either comply with SANS 50081-1 and SANS 50081
-2, or SANS 50081-20 and SANS 50081-50.

To view this notice, visit www.gpwonline.co.za or click here to download.

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.

National Environmental Management Act 107 of 1998

Amendment to the regulations pertaining to the Financial Provi-
sion for prospecting, exploration, mining or production operations

The Minister of Environmental Affairs amended when the right was obtained-
the Financial Provisioning Regulations, 2015 as
per Government Notice No. R. 452 on 20 April a) must by no later than 19 February 2024
2018 in GG 41584. comply with these Regulations; and

The following regulation was inserted into the b) shall, until 19 February 2024, be regarded
Regulations: as having complied with the provisions of
these Regulations if such holder has com-
17A. Extension of transitional period for hold- plied with the provisions and arrangements
ers of offshore oil or gas exploration or produc- regarding financial provisioning, approved
tion rights as part of the right issued in terms of the
Mineral and Petroleum Resources Develop-
Notwithstanding the provisions of regulation 17, ment Act, 2002 (Act No. 28 of 2002)."
and the extension of the transitional period
published under Government Notice No. 1314 This notice can be viewed at the following web-
in Government Gazette 40371 of 26 October site: www.gpwonline.co.za, or it can be down-
2016, a holder of an offshore oil or gas explora- loaded by clicking here.
tion or production right, who applied for such
right prior to 20 November 2015, regardless

Mine Health and Safety Act 29 of 1996

Guideline for the Compilation of a Mandatory Code of Practice for
and Occupational Health Programme (Occupational Hygiene and
Medical Surveillance) on Personal Exposure to Airborne Pollutants

The Chief Inspector of Mines published the mine to prepare a comprehensive and practical
guideline for the compilation of a mandatory COP for the mine. It sets out the two compo-
code of practice for an occupational health pro- nents of an occupational health programme
gram (occupational hygiene and medical surveil- namely:
lance) on personal exposure to airborne pollu-
tants as per Government Notice No. 419 on 06 1) Occupational hygiene; and
April 2018 in GG 41561. 2) Medical surveillance.

The objective of this guideline is to enable the Where an employer is required, in terms of
employer at every mine to compile a COP, Regulation 9.2(2) or in terms of its risk assess-
which, if properly implemented and complied ment, to establish and maintain a system of
with, would protect and improve the health of occupational hygiene measurements in respect
employees at the mine, by monitoring and re- of airborne pollutants, this guideline should
ducing their exposure to airborne pollutants. assist the employer in doing so.

This guideline provides guidance of a general To view these Guidelines, visit the website of
nature on the required format and content for the Department of Mineral Resources,
the COP and details sufficient technical back- www.gpwonline.co.za or click here to down-
ground to enable the drafting committee at the load.

2

Occupational Health and Safety Act 85 of 1993

Amended notice of direction regarding first aid training providers

The Minister of Labour published a notice of The First Aid Training Service Providers that are

amendment to Regulation 3(4) of the General already registered with the Department of La-

Safety Regulations as per Government Notice bour will have eight (8) months to be accredited.

No. 1463 on 22 December 2017 in GG 41350. All registered service providers who fail to ob-

According to this notice all applications for ap- tain accreditation and register will automatically LEGRICON can help you
proval from a person or organization who wants be de-registered from the Department of La- or your company in
to provide First Aid Training approved by the bour’s database and will not be recognized as many ways:
Chief Inspector, as referred to in Regulation 3(4) legitimate service providers.
1. Legal Compliance Auditing
of the General Safety Regulations, 1986, will This notice was intended to be a correction of 2. Legal Registers
3. Consulting
only be considered if it is accompanied by a valid the previous notice that was published on 17 4. Training

accreditation document issued by a Quality As- August 2017. Contact us for a quotation!

surance Body that has been delegated the quali- To view this notice, visit www.gpwonline.co.za CLICK HERE!
ty assurance responsibilities for First Aid Unit or click here to download.
Standards by the Quality Council for Trades &

Occupations (QCTO) and has been authorized by

the Chief inspector to carry out such accredita-

tion.

“Take some time to learn first aid and CPR.
It saves lives, and it works.”
- Bobby Sherman

National Health Act 61 of 2003

Regulations relating to the Surveillance and the Control of Notifia-
ble Medical Conditions

The Minister of Health published Regulations The regulations furthermore include Annexures

relating to the Surveillance and the Control of that provide information on:

Notifiable Medical Conditions as per Government 1) The different categories of Notifiable Medi-
Notice No. 1434 on 15 December 2017 in GG cal Conditions; and

41330.

These regulations set out the Implementation 2) The information (data) to be provided by the
Principles and Responsibilities in relation to Noti- different responsible parties.

fiable Medical Conditions, provide a declaration To view the notice containing these new regula-

of Notifiable Medical according to four (4) cate- tions, visit www.gpwonline.co.za or click here to

gories, describe the process for notification and download.

reporting, direct the prevention and control of

Notifiable Medical Conditions and make provision

for other general matters.

3

NEM: Air Quality Act National Environmental Management: Integrated
39 of 2004 Coastal Management Act 24 of 2008
Amendment of the Na-
tional Pollution Pre- Reclamation of land from Coastal Waters Regulations
vention Plans Regula-
tions The Minister of Environmental Affairs published • in duplicate, together with any
regulations for the Reclamation of Land from other copies, if required; and
The Minister of Environmental Coastal Waters as per Government Notice No.
Affairs amended the National R.206 on 09 March 2018 in GG 41489. • electronically, if required.
Pollution Prevention Plans
Regulations, 2017 as per Gov- These regulations apply to any person intending The Minister must, within 10 days after receipt
ernment Notice No. 513 on 22 to undertake reclamation of land from coastal of an application for the preapproval,
May 2018 in GG 41642. waters. In terms of sections 7B and 7C of the acknowledge receipt of the application in
The notice amended Regula- Act, such persons must apply for the Minister’s writing.
tion 4 of the Regulations by pre-approval.
substituting it with the follow- These regulations provide the requirements
ing: An application for the Minister’s pre-approval pertaining to:
(1) A person must submit a must—
1) The minimum information to be provided
first pollution prevention a) be made to the Minister in writing on the and the assessment of applications for the
plan to the Minister be- application form obtainable from the De- Minister’s pre-approval in terms of Sections
fore or on 21 June 2018 partment; 7B and 7C;
and the subsequent pollu-
tion prevention plans b) be accompanied by proof of payment of 2) The application for final reclamation deci-
must be submitted within the fee, if prescribed; sion;
five months of a existing
plans being reconciled ". c) e accompanied by all supporting docu- 3) The Minister’s powers in assessing applica-
The words [within five months ments required to assess the application tions, decisions; and
from the date of promulgation including those required by the application
of these Regulations] have form and these regulations; and 4) General Matters.
been removed.
To view this notice, visit d) be lodged— To view the notice containing these new regula-
www.gpwonline.co.za or click tions, visit www.gpwonline.co.za or click here to
here to download. download.

4 National Water Act 36 of 1998

Irrigation Boards and Water Users Associations Instruction to in-
stall Water Measuring Devices for Water Taken for Irrigation Pur-
poses and to Monitor Compliance to Regulations Requiring that the
taking of water for irrigation purposes be measured, recorded and
reported

The Acting Director -General of the Department a) instruct their water user members to install

of Water and Sanitation published an instruction water measuring devices;

for Irrigation Boards and Water Users Associa- b) submit water measuring records monthly;
tions pertaining to the installation of Water

Measuring Devices as per Government Notice No. c) ensure that water users taking water in

141 on 23 February 2018 in GG 41456. different Water Management Areas submit

According to this instruction, Irrigation Boards measuring records according to the location
and Water Users Associations that have water of their properties where water is taken;

use authorizations to abstract must install water d) monitor compliance in accordance with the

measuring devices by 23 March 2018. Measuring relevant measuring requirements; and

devices must be selected, installed, operated and e) provide investigation or compliance reports
maintained according to Government Notice 131 in cases of noncompliance.

of 2017.

Irrigations Boards and Water users Associations To view this notice, visit www.gpwonline.co.za or
are also instructed to: click here to download.

National Environmental Management Act 107 of 1998 NEMA 107 of 1998
Appointment of the
Publication of Gauteng Provincial Environmental Management Environmental Assess-
Framework Standard, 2018 and Appendices ment Practitioners
Association of South
The Minister of Environmental Affairs published Development Zone) or Zone 5 (Gauteng Indus- Africa
a notice, adopting the Gauteng Provincial Envi- trial and Commercial Focus Zone) of the Gaut-
ronmental Management Framework Standard eng Province. The Minister of Environmental
and Exclusion of Associated Activities from the Affairs announced the appoint-
requirement to obtain an Environmental Au- The standard further deals with the procedural ment of the Environmental
thorization, as per Government Notice No. 164 requirements to be applied during the applica- Assessment Practitioners Asso-
on 02 March 2018 in GG 41473. tion of the standard (i.e. Notification and Regis- ciation of South Africa as the
tration), the relevant environmental manage- Single Registration Authority
The purpose of the standard is to provide rules ment specifications, ensuring compliance, and for environmental assessment
that will ensure: transitional arrangements. practitioners as per Govern-
ment Notice No. 104 on 08
1) Compliance to the principles contained in Appendices to the standard include: February 2018 in GG 41434.
the NEMA and the duty of care as is re-
quired by the Act; a) Listing of Excluded Activities This appointment will be valid
b) Environmental Management Specifications for five (5) years from 08 Feb-
2) Sustainable development within the Gaut- c) Gauteng Provincial Environmental Manage- ruary 2018.
eng Province; and
ment Framework Zones The fees for application for
3) Compliance to management measures, d) Registration Form registration and renewal of
based on which activities are excluded e) Declaration for Change of Ownership registration, for lodging ap-
from the requirement to obtain an environ- peals and annual fees are cur-
mental authorization. To view the notice containing these new regula- rently under consideration,
tions, visit www.gpwonline.co.za or click here to and will be published in the
This standard is applicable to activities excluded download. Government Gazette once
from acquiring an environmental authorization, approved.
when undertaken within Zone 1 (Gauteng Urban
The requirement to register as
National Environmental Management: Waste Act 59 of 2008 an Environmental Assessment
Practitioner will take effect on
Call on the Paper and Packaging Industry, Electrical and Electronic 08 February 2020.
Industry and the Lighting Industry to prepare and submit industry
waste management plans to the Minister for approval Information pertaining to the
Environmental Assessment
The Minister of Environmental Affairs called on the Producers must register with and subscribe to at Practitioners Association of
Paper & Packaging Industry, the Electrical & Elec- least one (1) approved industry waste manage- South Africa can be accessed at
tronic Industry and the Lighting Industry to prepare ment plan (IWMP) within one month after the date https://eapasa.org.
and submit industry waste management plans to of approval of the plan, or as soon as the producer
the Minister for approval as indicated in Govern- comes into existence after the approval of the To view this notice, visit
ment Notice No. 1353 on 06 December 2017 in GG plan. www.gpwonline.co.za or click
41303. The purpose of this Notice is to require a
producer to prepare and submit an industry waste The requirements pertaining to the following ar- 5
management plan to the Minister for approval. rangements are also provided in the notice:

“producer” means any person or category of per- 1) Registration of Producers;
sons or a brand-owner who is engaged in the com- 2) Registration of Producer Responsibility Organ-
mercial manufacture, conversion, refurbishment or
import of mew and/or used- izations;
3) The preparation and submission of an IWMP
a) Paper and packaging material;
b) Lighting equipment; for approval;
c) Electrical and electronic equipment; or 4) The contents of an IWMP;
d) Goods wrapped in primary or secondary 5) Consultation Processes;
6) Consideration of an IWMP; and
packaging material, 7) The review of an IWMP.

Which are intended to be used in the Republic of To view this notice, visit www.gpwonline.co.za or
South Africa. click here to download.

National Railway Safety Regulator Act 16 of 2002

RSR Determination of the format form and content of a safety
management system as well as the form, content and manner of
submission of a safety management system report

The Railway Safety Regulator published the report (SMSR) as a “written submission made by
determination of the format, form and content the applicant, in support of a safety permit ap-
of a safety management system that is required plication that describes the applicant’s safety
for the different categories and types of safety management system (SMS) and may include any
permits as well as the form, content and man- other matters prescribed”.
ner of submission of a safety management sys-
tem report as per Government Notice No. 502 This determination serves as an instruction to
on 18 May 2018 in GG 41632. railway operators to document, implement and
maintain their SMS and SMSR in compliance
The determination for a Safety Management with the SANS 3000 series of standards and this
System (SMS) and Safety Management System determination. Railway operators should there-
Report (SMSR) was published for compliance fore document their procedures and arrange-
and general information with effect from 18 ments in a manner that allows:
May 2018. Section 23 (3) (a) of the National
Railway Safety Regulator Act stipulates that an 1) Assessment thereof prior to the award of
application for a safety permit must be made in the safety permit, and
the format determined by the Regulator. Sec-
tion 28 stipulates that the Regulator must deter- 2) Supervision post award of the safety per-
mine:- mit.

a) the form and content of a safety manage- This determination on SMS’s and SMSR’s are
ment system that is required for the differ- applicable to all railway operators as specified in
ent categories and types of a safety permit; the latest edition of the RSR Permit Application
guide as published on the RSR National Infor-
b) the form, content and manner of submis- mation Management System. The notice ex-
sion of a safety management system re- plains the requirements on the structure of the
port; and SMS and SMSR, the need for a systems ap-
proach, the basic mandatory elements of a SMS
c) the circumstances under which the Regula- and provides a manual for the development and
tor may require the holder of a safety per- implementation of a compliant SMS.
mit to revise or amend a safety manage-
ment system or safety management sys- This notice can be viewed at the following
tems report. website: www.gpwonline.co.za, or it can be
downloaded by clicking here.
The Act defines a safety management system

6

Something to Add... 7

Drafts, Intended Amendments & Other Notices

1. National Environmental Management: Air Quality Act 39 of 2004 - Notice of Intention to amend
the 2012 National Framework for Air Quality Management in the Republic of South Africa

2. National Environmental Management: Air Quality Act 39 of 2004 - Draft National Dust Control
Regulations

3. National Environmental Management: Air Quality Act 39 of 2004 - Notice of Intention to Amend
the List of Activities (requiring an AEL)

4. National Railway Safety Regulator Act 16 of 2002 - Determination of Permit Fees

5. Draft Control of Tobacco Products Act of 2012

6. National Environmental Management: Waste Act 59 of 2008 - Proposed National Health Care
Risk Waste Management Regulations

7. National Environmental Management: Waste Act 59 of 2008 - Draft National Norms and Stand-
ards for Validation of the Treatment Efficacy and Operation of a Non-Combustion Treatment
Technology used to Treat Health Care Risk Waste

8. National Environmental Management Act 107 of 1998 - Minister of Tourism published the Envi-
ronmental Implementation Plan

9. Railway Safety Bill, 2017 - Invitation for comments on the Draft Railway Safety Bill

10. National Environmental Management Act 107 of 1998 - Consultation on the Generic Environ-
mental Management Programme relevant to an application for an environmental authorization
for substation infrastructure for the transmission and distribution of electricity.

11. National Environmental Management Act 107 of 1998 - Consultation on the Generic Environ-
mental Management Programme applicable to an application for overhead electricity transmis-
sion and distribution infrastructure for which an environmental authorization is required

12. National Environmental Management: Biodiversity Act 10 of 2004 - Draft Alien and Invasive
Species Regulations

13. National Environmental Management: Integrated Coastal Management Act 24 of 2008 - Draft
Buffalo River Mouth Estuarine Management Plan

14. National Environmental Management Act 107 of 1998 - Draft National Guideline on Minimum
Information Requirements for preparing Environmental Impact Assessments for mining activi-
ties that require Environmental Authorization

15. Occupational Health and Safety Act 85 of 1993 - LEPCR Proposed Incorporation of the Code of
Practice for Inspection and Testing of a Lift

16. Occupational Health and Safety Act 85 of 1993 - Draft Asbestos Abatement Regulations

17. Compensation for Occupational Injuries and Diseases Act 130 of 1993 - Annual increases in
earnings and benefits

18. National Environmental Management: Waste Act 59 of 2008) - Proposed Regulations to exclude
a waste stream or a portion of a waste stream from the definition of waste

19. National Water Act 36 of 1998 - Breede-Gouritz and Berg-Olifants (WC) Water Restriction Notice

20. National Water Act 36 of 1998 - Pongola-Mzimkhule (KZN) Water Restriction Notice

21. National Water Act 36 of 1998 - Proposed classes of water resource and resource quality objec-
tives for Mokolo, Matlabas, Crocodile (West) and Marica catchments

22. National Water Act 36 of 1998 - Classes of water resources and resource quality objectives for
the catchments Mvoti to Umzimkulu

23. National Environmental Management: Protected Areas Act 57 of 2003 - Cultural Heritage Survey
Guidelines and Assessment Tools for Protected Areas in South Africa

Legricon (Pty) Ltd When last did you measure your Legal Compliance?

Legricon offers a wide range of con- Five reasons why to have a Legal Compliance Audit conducted:
sulting, auditing, and training services
to assist employers in achieving and 1) To assess the extent of the company’s compliance with applicable legislation
maintaining legal compliance, with 2) To evaluate the effectiveness of the implemented management systems
specific focus on occupational safety, 3) To verify the current status of compliance and identify possible areas for improvement
health, and environmental (SHE) man- 4) To obtain an objective opinion on the company’s risk profile
agement. 5) PEACE OF MIND!

Legal compliance is necessitated by Have you seen us in the news?
legal risks associated with non-
compliance, as well as formalized Some recent contributions by Legricon:
management system frameworks and
guidelines such as the Corporate Gov- 1) Adv. Hendrik Terblanche appeared as a keynote speaker at a seminar hosted by the
ernance codes, ISO 14001, ISO 45001 Master Builders Association North. The presentation dealt with the Guidance Notes to
and OHSAS 18001. the Construction Regulations, Driven Machinery Regulations and Pressure Equipment
Regulations - you are welcome to read about it by clicking here.
Legricon offers competitive pricing,
specialist experience, and customer 2) Adv. Hendrik Terblanche also contributed to the SHEQ Management Magazine with
focused quality. some legal insights into Farmers having to make a plan for safety. You are welcome to
Read the article by clicking here.

CONTACT LEGRICON AT:
Legricon (Pty) Ltd

729 Paarl Street
Wingate Park
Pretoria
0181

Phone: 012 345 2388
Fax: 086 513 8295
Email: [email protected];
[email protected];

Legal Update Newsletter
Volume 14, Issue 1
25 June 2018