OHS Act Section 1

(ix) "employee" means, subject to the provisions of subsection (2), any person who is employed by or works for an employer and who receives or is entitled to receive any remuneration or who works under the direction or supervision of an employer or any other person;

(x) "employer" means, subject to the provisions of subsection (2), any person who employs or provides work for any person and remunerates that person or expressly or tacitly undertakes to remunerate him, but excludes a labour broker as defined in section 1(1) of the Labour Relations Act, 1956 (Act No. 28 of 1956);

(xi) "employers' organization" means an employers' organisation as defined in section 1 of the Labour Relations Act , 1956 (Act No. 28 of 1956);

(xii) "employment" or 'employed' means employment or employed as an employee;

(xiii) "explosives" means any substance or article as listed in Class I : Explosives in the South African Bureau of Standards Code of Practice for the Identification and Classification of Dangerous Substances and Goods, SABS 0228;

(xiv) "hazard" means a source of or exposure to danger;

(xv) "health and safety committee" means a committee established under section 19;

(xvi) "health and safety equipment" means any article or part thereof which is manufactured, provided or installed in the interest of the health and safety of any person;

(xvii) "health and safety representative" means a person designated in terms of section 17 (1);

(xviii) "health and safety standard" means any standard irrespective of whether or not it has the force of law, which, if applied for the purposes of this Act, will in the opinion of the Minister promote the attainment of an objective of this Act;

(xix) "healthy" means free from illness or injury attributable to occupational causes;

(xx) "incident" means an incident as contemplated in section 24 (1);

(xxi) "industrial court" means the industrial court referred to in section 17 of the Labour Relations Act , 1956 (Act No. 28 of 1956);

(xxii) "inspection authority" means any person who with the aid of specialized knowledge or equipment or after such investigations, tests, sampling or analyses as he may consider necessary, and whether for reward or otherwise, renders a service by making special findings, purporting to be objective findings, as to -

(a) the health of any person;

(b) the safety or risk to health of any work, article, substance, plant or machinery, or of any condition prevalent on or in any premises; or

(c) whether or not any particular standard has been or is being complied with respect to any work, article, substance, other matter, and by issuing a certificate, stating such findings, to the person to whom the service is rendered;

(xxiii) "inspector" means a person designated under section 28 ;

(xxiv) "listed work" means any work declared to be listed work under section 11 ;

(xxv) "local authority" means -

(a) any institution or body contemplated in section 84(1)(f) of the Provincial Government Act, 1961 (Act No. 32 of 1961);

(b) any regional services council established under section 3 of the Regional Services Councils Act, 1985 (Act No. 109 of 1985);

(c) any other institution or body or the holder of any office declared by the Minister by notice in the Gazette to be a local authority purposes of this Act;

(xxvi) "machinery" means any article or combination of articles assembled, arranged or connected and which is used or intended to be used for converting any form of energy to performing work, or which is used or intended to be used, whether incidental thereto or not, for developing, receiving, storing, containing, confining, transforming, transmitting, transferring or controlling any form of energy;

(xxvii) "major hazard installation" means an installation -

(a) where more than the prescribed quantity or any substance is or may be kept, whether permanently or temporarily; or

(b) where any substance is produced, processed, used, handled or stored in such form and quantity that it has the potential to cause a major incident;

(xxviii) "major incident" means an occurrence of catastrophic proportions, resulting from the use of plant or machinery, or from activities at a workplace;

(xxix) "mandatary" includes an agent, a contractor or a subcontractor for work, but without derogating from his status in his own right as an employer or a user;

(xxx) "medical surveillance" means a planned programme of periodic examination (which may include clinical examinations, biological monitoring or medical tests) of employees by an occupational health practitioner or, in prescribed cases by an occupational medicine practitioner;

(xxxi) "Minister" means the Minister of Manpower;

(xxxii) "occupational health" includes occupational hygiene, occupational medicine and biological monitoring;

(xxxiii) "occupational health practitioner" means an occupational medicine practitioner or a person who holds a qualification in occupational health recognised by the South African Medical and Dental Council as referred to in the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), or the South African Nursing Council as referred to in the Nursing Act, 1987 (Act No. 50 of 1978);

(xxxiv) "occupational hygiene" means the anticipation, recognition, evaluation and control of conditions arising in or from the workplace which may cause illness or adverse health effects to persons;

(xxxv) "occupational medicine" means the prevention, diagnosis and treatment of illness, injury and adverse health effects associated with a particular type of work;

(xxxvi) "occupational medicine practitioner" means a medical practitioner as defined in the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), who holds a qualification in occupational medicine or an equivalent qualification which qualification or equivalent is recognized as such by the South African Medical and Dental Council referred to in the said Act;

(xxxvii) "office" means an office as defined in section 1(1) of the Basic Conditions of Employment Act , 1983 (Act No. 3 of 1983);

(xxxviii) "officer" means an officer or employee as defined in section 1(1) of the Public Service Act, 1984 (Act No. 111 of 1984);

(xxxix) "organism" means any biological entity which is capable of causing illness in persons;

(xl) "plant" includes structures, buildings, fixtures, fittings, implements, equipment, tools and appliances, and also anything which is used for any purpose in connection with such plant;

(xli) "premises" includes any building, vehicle, vessel, train or aircraft;

(xlii) "prescribed" means prescribed by regulation;

(xliii) "properly used" means used with reasonable care, and with due regard to any information, instruction or advice supplied by the designer, manufacturer, importer, seller or supplier;

(xliv) "reasonably practicable" means practicable having regard to -

(a) the severity and scope of the hazard or risk concerned;

(b) the state of knowledge reasonably available concerning that hazard or risk and of any means of removing or mitigating that hazard or risk;

(d) the cost of removing or mitigating that hazard or risk in relation to the benefits deriving therefrom;

(xlv) "regulation" means a regulation made under section 43 ; (xliii)

(xlvii) "risk" means the probability that injury or damage will occur;

(xlviii) "safe" means free from any hazard;

(xlix) "sell" includes -

(a) offer or display for sale or import into the Republic for sale; or

(b) exchange, donate or lease or offer or display for leasing;

(l) "shop" means a shop as defined in section 1(1) of the Basic Conditions of Employment Act , 1983 (Act No. 3 of 1983);

(li) "standard" means -

(a) any provision occurring in a specification, standard specification, compulsory specification, code of practice, or standard method as defined in section 1 of the Standard Act, 1993 (Act No. 29 of 1993); or

(b) any provision occurring in any specification, code or any other directive having standardization as its aim and issued by an institution or organization inside or outside the Republic which, whether generally or with respect to any particular article or matter and whether internationally or in any particular country or territory, seeks to promote standardization;

(lii) "substance" includes any solid, liquid, vapour, gas or aerosol, or combination thereof;

(liii) "this Act" includes any Regulations;

(liv) "trade union" means a trade union as defined in section 1 of the Labour Relations Act 1956 (Act No. 28 of 1956);

(lv) "user", in relation to plant or machinery, means the person who uses plant or machinery for his own benefit or who has the right of control over the use of plant or machinery, but does not include a lessor of, or any person employed in connection with that plant or machinery;

(lvi) "work" means work as an employee, or as a self-employed person, and an employee is deemed to be at work during the time that he is in the course of his employment and a self- employed person is at work throughout such time as he devotes to work as a self-employed person;

(lvii) "workplace" means any premises or place where a person performs work in the course of his employment.