(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.