(1) Each incident occurring at work
or arising out of or in connection with the activities of persons at work or in
connection with the use of plant or machinery in which, or in consequence of
which -
(a) any person dies, becomes
unconscious, suffers the loss of a limb or part of a limb or is otherwise
injured or becomes ill to such a degree that he is likely either to die or to
suffer a permanent physical defect or likely to be unable for a period of at
least 14 days either to work or to continue with the activity for which he was
employed or is usually employed;
(b) a major incident occurred; or
(c) the health or safety of any
person was endangered and
where
(i) a dangerous substance was
spilled;
(ii) the uncontrolled release of any
substance under pressure took place;
(iii) machinery or any part thereof
fractured or failed resulting in flying, falling or uncontrolled moving objects;
or
(iv) machinery ran out of control,
shall, within the prescribed period and in the prescribed manner, be reported to
an inspector by the employer or the user of the plant or machinery concerned, as
the case may be.
(2) In the event of an incident in
which a person died, or was injured to such an extent that he is likely to die,
or suffered the loss of a limb or part of a limb, no person shall without the
consent of an inspector disturb the site at which the incident occurred or
remove any article or substance involved in the incident therefrom: Provided
that such action may be taken as is necessary to prevent a further incident, to
remove the injured or dead, or to rescue persons from danger.
(3) The provisions of subsections (1)
and (2) shall not apply in respect of -
(a) a traffic accident on a public
road;
(b) an incident occurring in a
private household, provided the householder forthwith reports the incident to
the South African Police; or
(c) any accident which is to be
investigated under section 12 of the Aviation Act , 1962 (Act No. 74 of 1962).
(4) A member of the South African
Police to whom an incident was reported in terms of subsection (3)(b), shall
forthwith notify an inspector thereof.
25. Report to chief
inspector regarding occupational diseases
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.
