(1) Subject to the provisions of
paragraphs (f), (g), (h) and (i) of regulation 5 of the General Administrative
Regulations published under Government Notice R.2206 of 5 October 1984, every
employer and every user of machinery shall make an evaluation of the isk
attached to any condition or situation which may arise from the activities of
such employer or user, as the case may be, and to which persons at a workplace
or in the course of their employment or in connection with the use of machinery
are exposed, and he shall take such steps as may under the circumstances be
necessary to make such condition or situation safe.
(2) Where it is not practicable to safeguard the
condition or situation contemplated in subregulation (1), the employer or user
of machinery, as the case may be, shall take steps to reduce the risk as much as
practicable, and shall provide free of charge and maintain in good and clean
condition such safety equipment and facilities as may be necessary to ensure
that any person exposed to any such condition or situation at a workplace or in
the course of his employment or on premises where machinery is used is rendered
safe.
(3) Taking into account the nature of the hazard that
is to be countered, and without derogating from the general duties imposed on
employers and users of machinery by subregulations (1) and (2), the safety
equipment and facilities contemplated in subregulation (2) shall include, as may
be necessary -
(a) suitable goggles, spectacles, face shields, welding
shields, visors, hard hats, protective helmets, caps, gloves, gauntlets, aprons,
jackets, capes, sleeves, leggings, spats, gaiters, protective footwear,
protective overalls, or any similar safety equipment or facility of a type that
will effectively prevent bodily injury;
(b) waterproof clothing, high visibility clothing,
chemical resistant clothing, low temperature clothing, chain mail garments,
waders, fire retardant or flame proof clothing, ice jackets, or any similar
safety equipment of a type that will effectively protect the wearer thereof
against harm;
(c) belts, harnesses, nets, fall arresters, life lines,
safety hooks or any similar equipment of a type that will effectively protect
persons against falls;
(d) mats, barriers, locking out devices, safety signs
or any similar facility that will effectively prevent slipping, unsafe entry or
unsafe conditions;
(e) protective ointments, ear muffs, ear plugs,
respirators, breathing apparatus, masks, air lines, hoods, helmets or any
similar safety equipment or facility of a type that will effectively protect
against harm;
(f) suitable insulating material underfoot where
persons work on a floor made of metal, stone or concrete or other similar
material; and
(g) generally, such safety equipment or facilities as
may be necessary to render the persons concerned safe.
(4) An employer or user of machinery, as the case may
be, shall take steps to ensure that no safety equipment or facility provided as
required by this or any other regulation is removed from a workplace or from
premises where machinery is used, except for purposes of cleaning, repair,
maintenance, modification, mending or replacement, and no person shall remove
any such safety equipment or facility from a workplace or premises where
machinery is used, except for the aforesaid purposes.
(5) An employer shall instruct his employees in the
proper use, maintenance and limitations of the safety equipment and facilities
provided.
(6) An employer shall not require or permit any
employee to work unless such an employee uses the required safety equipment or
facility provided in terms of this or any other regulation.
(7) The provisions of this regulation shall not be
construed as derogating from the provisions of any specific regulation
prescribing specific safety equipment or facilities.
