(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.