(1) The Minister may, for such a period and on such
conditions as may be determined by him, exempt any employer or user of plant or
machinery, or any category of employers or users of plant or machinery,
generally or with respect to any particular employee or category of employees or
with respect to any matter, from any of or all the provisions of this Act or the
provisions of a notice issued under this Act.
(2) The period for which exemption may be granted
under subsection (1) may commence on a date earlier than the date on which
exemption is granted, but not earlier than the date on which application for
such exemption was made to the Minister.
(3) An exemption under subsection (1) shall -
(a) in the case of the exemption of a particular
employer or user of plant or machinery, be granted by issuing to such employer
or user a certificate of exemption in which his name, the scope and the period
and conditions of the exemption are specified;
(b) in the case of the exemption of a category of
employers or of a category of such users, be granted by the publication in the
Gazette of a notice in which that category of employers or users is described
and the scope and the period and conditions of the exemption are specified :
Provided that the Minister may grant exemption -
(i) to an organization of employers or an
organization of users of plant or machinery in accordance with the requirements
of either paragraph (a) or paragraph (b) :
(ii) from any health and safety standard
incorporated in the Regulations under section 44 , in any manner which he may
deem expedient.
(4) A certificate of exemption contemplated in
paragraph (a) of subsection (3) and a notice contemplated in paragraph (b) of
that subsection may at any time be amended or withdrawn by the Minister.
(5) An exemption under subsection (1) shall lapse -
(a) upon termination of the period for which it was
granted;
(b) upon withdrawal of the relevant certificate or
notice under subsection (4).
(6) Any exemption granted under section 32 of the
Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), to the extent
to which it grants exemption from the operation of a provision similar to a
provision in respect of which exemption may be granted under subsection (1) of
this section, which exemption has at the commencement of this Act not lapsed as
contemplated in subsection (5) of the said section 32, shall be deemed to have
been granted under this section.