No. 181 of 1993: Occupational Health and Safety Amendment Act, 1993.
To amend the Occupational Health and Safety Act, 1993, so as to define certain expressions; to further regulate the constitution of the Advisory Council for Occupational Health and Safety; to further regulate the duty not to interfere with or misuse things; to further regulate the appointment and functions of health and safety representatives; to delete the proviso in regard to certain deductions; to provide that an employee must be informed of an occupational disease which he has contracted; and to further regulate the prohibition on victimization; and to provide for matters connected therewith.
(Assented to 14 December 1993.
Amendment of section 1 of Act 85 of 1993 1.
"'employers' organization' means an employers' organization as defined in section 1 of the Labour Relations Act, 1956 (Act No.
"'trade union' means a trade union as defined in section 1 of the Labour Relations Act, 1956 (Act No. 28 of 1956);".
Amendment of section 4 of Act 85 of 1993 2.
Substitution of section 15 of Act 85 of 1993 3.
No person shall intentionally or recklessly interfere with, damage or misuse anything which is provided in the interest of health or safety.
Amendment of section 17 of Act 85 of 1993 4.
(2) An employer and the representatives of his employees recognized by him or their, where there are no such representatives, the employees shall consult in good, faith regarding the arrangements and procedures for the nomination or election, period of office and subsequent designation of health and safety representatives in terms of subsection (1): Provided that if such consultation fails, the matter shall be referred for arbitration to an inspector, whose decision shall be final a person mutually agreed upon, whose decision shall be final: Provided further that if the parties do not agree within 14 days on an arbitrator, the employer shall give notice to this effect in writing to the President of the Industrial Court, who shall in consultation with the chief inspector designate an arbitrator, whose decision shall be final.
(Act No. 42 of 1965), and a failure of the consultation contemplated in that subsection shall not be deemed to be a dispute in terms of the Labour Relations Act, 1956 (Act No. 28 of 1956): Provided that the Minister may prescribe the manner of arbitration and the remuneration of the arbitrator designated by the President of the Industrial Court.
Amendment of section 18 of Act 85 of 1993 5.
participate in any internal health or safety audit.
Substitution of section 23 of Act 85 of 1993 6.
No employer shall in respect of anything which he is in terms of this Act required to provide or to do in the interest of the health or safety of an employee, make any deduction from any employee's remuneration or require or permit any employee to make any payment to him or any other person Provided that where an employee intentionally causes loss of or damage to health or safety equipment, his employer may, after a proper investigation, recover such loss or damage from that employee.
Substitution of section 25 of Act 85 of 1993 7.
Any medical practitioner who examines or treats a person for a disease described in the Second Schedule to the Workmen's Compensation Act, 1941 (Act No. 30 of 1941), or any other disease which he believes arose out of that person's employment, shall within the prescribed period and in the prescribed manner report the case to the person's employer and to the chief inspector, and inform that person accordingly.
Amendment of section 26 of Act 85 of 1993 8.
"(2) No employer shall unfairly dismiss an employee, or reduce the rate of his remuneration, or alter the terms or conditions of his employment to terms or conditions less favourable to him, or alter his position relative to other employees employed by that employer to his disadvantage, by reason of the information that the employer has obtained regarding the results contemplated in section 12(2) or by reason of a report made to the employer in terms of section 25.".
This Act shall be called the Occupational Health and Safety Amendment Act, 1993, and shall come into operation on 1 January 1994.