KLASS LOOCH ASSOCIATES on-line.

Occupational Health & Safety Legislation Consultants 

         Established 1986

 

Tel 0117267839 / 0825749882                                                                                                                                      Fax 0866500687 

                                                                                                               

  April 2009

 

About Me

 

 Mission Statement

 

Contact Me

 

 Home

 

Services

 

Bronze Subscribers

 

Silver Subscribers

 

Gold Subscribers 

 

 Platinum Subscribers

 

 Summary of Subscriptions

 

Subscription Order Form

 

OHS News

 

Department of Labour (DoL)

 

Department of Mineral & Energy (DME)

 

OHS Chat & Skinner Newsletters

 

OHS Practitioner Newsletter

 

 Exclusive Subscriber Newsletter

 

OHS Act Section 16

 

Employer's Rights

 

OHS Act Section 37

 

OHS Court Cases

 

OHS Act

 

Department of Labour

 

ISO

 

Acts-on-line

 

SABS Website

 

Compensation Commissioner

 

 ASOSH

 

   Department of Justice

 

 Department Mineral & Energy

 

 

OHS Act Section 2. Establishment of Advisory Council for Occupational Health and Safety

There is hereby established an Advisory Council for Occupational Health and Safety Council.

Section 3. Functions of the Council
(1) The Council shall -
(a) advise the Minister with regard to -
(i) matters of policy arising out of or in connection with the application of the provisions of this Act;
(ii) any matter relating to occupational health and safety;
(b) perform the functions assigned to it by this Act or referred to it by the Minister.
(2) The Council may -
(a) with a view to the performance of its functions, do such research and conduct such the investigations which it deems necessary; and
(b) make rules relating to the calling of meetings of the Council, the determining of a quorum for and the procedure at such meetings, and generally relating to all matters which may be necessary for the effective performance of the functions of the Council or, subject to Section 6, of a technical committee;
(c) advise the Department concerning -
(i) the formulation and publication of standards, specifications or other forms of guidance for the purpose of assisting employers, employees and users to maintain appropriate standards of occupational health and safety;
(ii) the promotion of education and training in occupational health and safety; and
(iii) the collection and dissemination of information on occupational health and safety.
(3) The Council may for the purposes of the performance of any of its functions, with the approval of the Minister, and with the concurrence of the Minister and with the concurrence of the Minister of State Expenditure, enter into an agreement for the performance of a particular act or particular work or for the rendering of a particular service, on such conditions and at such remuneration as may be agreed upon, with anybody who in the opinion of the Council is fit to perform such act or work or to render such service.
(4) Subject to the laws governing the Public Service, the Minister shall provide the Council with such personnel as he may deem necessary for the effective performance of the functions of the Council, and such persons shall perform their functions subject to the control and directions of the chief inspector.

Section 4. Constitution of the Council
(1) The Council shall consist of 20 members, namely -
(a) the chief inspector, ex officio, who shall be the chairman;
(b) the officer serving in the Department;
(c) the Workmen's Compensation Commissioner, or his nominee;
(d) one person nominated by the Minister for National Health and Welfare;
(e) one person nominated by the Minister of Mineral and Energy Affairs;
(f) six persons to represent the interest of employers from a list of the names of persons nominated by employers' organizations or federations of employers' organizations;
(g) six persons to represent the interest of employees from a list of the names of persons nominated by the trade unions or federations of trade unions;(h) one person who in the opinion of the Minister has knowledge of occupational safety matters;
(i) one person who in the opinion of the Minister has knowledge of occupational medicine and who was recommended by the Minister for National Health and Welfare;
(j) one person who in the opinion of the Minister has knowledge of occupational hygiene.
(2) The members referred to in subsection (1)(b) up to and including (j) shall be appointed by the Minister.
 

Section 5. Period of office and remuneration of members of the Council
(1) The members of the Council referred to in section 4 (2) shall be appointed by the Minister for such a period as he may determine and on such conditions as he may with the concurrence of the Minister of State Expenditure determine.
(2) Any person whose period of office as a member of the Council has expired shall be eligible for reappointment.
(3) A member referred to in section 4 (1)(f), (g), (h), (i) or (j) who is not an officer may be paid from money appropriated for such purpose by the Parliament such allowances as the Minister may determine with the concurrence of the Minister of State Expenditure.
 

Section 6. Establishment of technical committees of Council
(1) The Council may with the approval of the Minister establish one or more technical committees to advise the Council on any matter regarding the performance by the Council of its functions.
(2) A member of a technical committee shall be appointed by the Council by reason of his knowledge of the matter for which the committee is established, and such a member need not be a member of the Council.
(3) A meeting of a technical committee shall be held at such time and place as may be determined by the chairman of the Council and be conducted in accordance with rules approved by the Council.
(4) A member of a technical committee who is not an officer may be paid from moneys appropriated for such purpose by Parliament such allowances as the Minister may determine with the concurrence of the Minister of State Expenditure.