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What every worker

and employer
should know about
health and safety in
the workplace
This guide was written in the interest of the health and
safety of workers in South Africa. It is intended to explain
the Act in simple terms to all the role players in the South
African occupational health and safety field.

The role of the occupational health and safety (OHS) inspectors of the
Department of Labour is explained. The duties and rights of workers, as
extended to them in the Act, are set out. The roles and responsibilities of
employers, manufacturers, designers, importers, suppliers and sellers, in
ensuring the health and safety of workers are highlighted. And finally, the
functions of health and safety representatives and committees are clarified.

Every chief executive officer shall as far as is reasonably


practicable ensure that the duties of his/her employer as
contemplated in this Act, are properly discharged.
The Occupational Health and responsibility for health and
Safety Act, 1993, requires the safety. The Act is based on the
employer to bring about and principle that dangers in the
maintain, as far as reasonably workplace must be addressed
practicable, a work by communication and
environment that is safe and cooperation between the
without risk to the health of the workers and the employer. The
workers. This means that the workers and the employer must
employer must ensure that share the responsibility for
the workplace is free of health and safety in the
hazardous substances, such workplace. Both parties must
as benzene, chlorine and pro-actively identify dangers
micro organisms, articles, and develop control measures
equipment, processes, etc. to make the workplace safe. In
that may cause injury, this way, the employer and the
damage or disease. Where workers are involved in a
this is not possible, the system where health and safety
employer must inform representatives may inspect the
workers of these dangers, workplace regularly and then
how they may be prevented, report to a health and safety
and how to work safely, and committee, who in turn may
provide other protective submit recommendations to the
measures for a safe employer.
workplace.

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To ensure that this system
However, it is not expected of works, every worker must know
the employer to take sole his or her rights and duties as
contained in the Act. The Act and Regulations can be
purchased from the
Act and Regulations Government Printer in Gazette
format or bound format from
The Act, known as the various publishers.
Occupational Health and
Safety Act, 1993 (Act 85, 1993) Department of
consists of 50 sections Labour
approved by Parliament. The
purpose of the Act is to provide Chief Directorate of
for the health and safety of Occupational Health and
people at work or in Safety
connection with the use of plant The Occupational Health and
and machinery. It further Safety Act is administered by the
provides for the protection of Chief Directorate of
people other than people at Occupational Health and Safety
work from hazards arising out of the Department of Labour.
of or in connection with the
activities of people at work. In order to ensure the health
and safety of workers,
Various Regulations, on specific provincial offices have been
topics, are published in terms established in all the provinces.
of the Act from time to time by To this end, occupational health
the Department of Labour. and safety inspectors from

An inspector of the Department


of Labour during an inspection
found a gas cylinder standing
loose instead of being fixed to
the wall or a pillar.

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these provincial offices carry or adverse conditions at the
out inspections and workplace, he or she may set
investigations at workplaces. requirements to the employer
in the following ways:
Inspections
Inspections are usually planned Prohibition notice
on the basis of accident In the case of threatening
statistics, the presence of danger, an inspector may
hazardous substances, such as prohibit a particular action,
the use of benzene in process, or the use of a
laundries, or the use of machine or equipment, by
dangerous machinery in the means of a prohibition notice.
workplace. Unplanned No person may disregard the
inspections, on the other hand, contents of such a notice and
usually arise from requests or compliance must take place
complaints by workers, with immediate effect.
employers, or members of the
public. These complaints or Contravention notice
requests are treated If a provision of a regulation is
contravened, the inspector may
serve a contravention notice on
the workers or the employer.
A contravention of the Act can
result in immediate prosecution,
but in the case of a
contravention of a regulation,
the employer may be given the
opportunity to correct the
contravention within a time limit
specified in the notice which is
usually 60 days.

Improvement notice
Where the health and safety
The Departments inspectors investigated the
collapse of the Coega Bridge where 2 people were
measures which the employer
killed and 23 people injured. has instituted, do not
satisfactorily protect the health
confidentially. and safety of the workers, the

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inspector may require the
Powers of inspectors employer to bring about more
If an inspector finds dangerous effective measures. An
improvement notice which What must the employer do
prescribes the corrective to ensure that the work
measures is then served on the environment is safe and
employer. without risk to the health of
his or her workers?
Other powers The employer must provide and
To enable the inspector to carry maintain all the equipment that
out his or her duties, he or she is necessary to do the work,
may enter any workplace or and all the systems according
premises where machinery or to which work must be done, in
hazardous substances are a condition that will not affect
being used and question or the health and safety of
serve a summons on people to workers. Before personal
appear before him or her. The protective equipment may be
inspector may request that any used, the employer must first try
documents be submitted to him to remove or reduce any danger
or her, investigate and make to the health and safety of his
copies of the documents, and workers. Only when this is not
demand an explanation about practicable, should personal
any entries in such documents. protective equipment be used.
The inspector may also inspect The employer must take
any condition or article and measures to protect his or her
take samples of it, and seize workers health and safety
any article that may serve as against hazards that may result
evidence. from the production, processing,
use, handling, storage or
Note: The above mentioned transportation of articles or
powers of inspectors are not substances, in other words,
absolute. Any person who anything that workers may come
disagrees with any decision into contact with at work.
taken by an inspector, may
appeal against that decision by
To ensure that these duties are
writing to the Chief Inspector,
Occupational Health and Safety,
complied with, the employer
Department of Labour, Private must:
Bag X117, Pretoria, 0001.
identify potential hazards
which may be present while
General duties of work is being done,
employers towards

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something is being
workers produced, processed, used,
stored or transported, and
any equipment is being used her control complies with the
establish the precautionary requirements of the Act
measures that are necessary
to protect his or her workers enforce the necessary
against the identified control measures in the
hazards and provide the interest of health and safety
means to implement these
precautionary measures see to it that the work being
done and the equipment
provide the necessary used, is under the general
information, instructions, supervision of a worker who
training and supervision has been trained to
while keeping the extent of understand the hazards
workers competence in associated with the work
mind. In other words, what
they may do and may not such a worker must ensure
do that the precautionary
measures are implemented
not permit anyone to carry and maintained.
on with any task unless the
necessary precautionary All workers have the
measures have been taken right to be informed
take steps to ensure that The employer must see to it that
every person under his or every worker is informed and

6 Protective clothing are only worn by two people and the third person works in the
same environment without any protective mask over the nose.
Protect your own body
by wearing the
prescribed protective
clothing at all times, for
the head, hands, body
and feet, etc.

clearly understands the health of the Act. Exemption means


and safety hazards of any work being exempted from certain
being done, anything being provisions of the Act,
produced, processed, used, regulations, notices or
stored, handled or transported, instructions issued in terms of
and any equipment or the Act.
machinery being used. The
employer must then provide The employer must, as soon as
information about precautionary possible, inform the health and
measures against these hazards. safety representatives of the
occurrence of an incident in the
The employer must inform workplace. An incident is an
health and safety event that occurs at the
representatives when an workplace where a person is
inspector notifies him or her of killed, injured or becomes ill. It
inspections and investigations, is also the spillage of a
to be conducted at the hazardous chemical substance,
premises. The employer must for example, when a tank leaks
also inform health and safety formaldehyde (a chemical
representatives of any product used in industry) due to

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application for exemption a faulty valve, or where
made, or of any exemption machinery runs out of control,
granted to him or her in terms without killing or injuring
anyone. created.
General duties of Substances
manufacturers, Manufacturers, designers,
designers, importers, importers, sellers and suppliers
sellers or suppliers of any substances must ensure
regarding the use of that:
articles and
substances at work such substances are safe and
without risk to health when it
Articles is used properly
Manufacturers, designers,
importers, sellers and suppliers information is available on
must ensure that: the
- use of the substance at
their articles are safe and work
without risk to health and - health and safety risk
comply with all prescribed associated with the
requirements substance
- conditions that are
when a structure or an article necessary to ensure that
is installed on any premises, it the substance will be safe
must be done in such a way and without risk to
that neither an unsafe health when properly used
situation nor a health risk is - procedures in case of an

A gas cylinder
which exploded
because of a
fire.

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An example of using
scaffolding in a totally
unacceptable and
dangerous way.

accident. may be affected by his or


If a person to whom an article her actions or negligence to
or substance has been sold or act. This includes playing at
supplied, undertakes in writing work. Many people have
to take specified steps to been injured and even killed
ensure that the article or owing to horseplay in the
substance will meet all the workplace, and that is
prescribed requirements, and considered a serious
will be safe and without risk to contravention
health, the duties of the
importer, designer, seller, cooperate with the employer
supplier or manufacturer will where the Act imposes a
subsequently shift to the person duty or requirements on the
who undertakes to take such worker
steps.
give information to an
inspector from the
General duties of the Department of Labour if he
worker or she should require it
It is the duty of the worker to:
carry out any lawful
take care of his or her own instruction which the

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health and safety, as well as employer or authorised
that of other people who person prescribes with regard
to health and safety
health and safety rules and
comply with the rules and procedures of the workplace
procedures that the
employer gives him/her
health and safety standards
which the employer must
wear the prescribed safety keep at the workplace.
clothing or use the
prescribed safety equipment The worker may request the
where it is required employer to inform him or her
about
report unsafe or unhealthy
health and safety hazards in
conditions to the employer
or health and safety
the workplace
representative as soon as
the precautionary measures
possible
which must be taken
if he or she is involved in an
the procedures that must be
incident that may influence
his or her health or cause
followed if a worker is
an injury, report that
exposed to substances
incident to the employer,
hazardous to health.
and authorised person or
the health and safety
The worker may request that
representative as soon as
his or her private medical
possible, but no later than
practitioner investigate his or
by the end of the shift.
her medical and exposure
records.
Rights of the worker
If the worker is a health and
The Occupational Health and safety representative, he or she
Safety Act has extended may investigate and comment
workers rights to include the in writing on exposure
following: assessments and monitoring
reports.
Right to information
The worker must have access Right to participate in
to inspections
If the worker is a health and
the Occupational Health

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safety representative, he or she
and Safety Act and may accompany a health and
Regulations
Creating a potentially
dangerous situation at a point
for two plugs and not five as in
the picture.

safety inspector from the required of him or her in


Department of Labour during an terms of the Act, to someone
inspection of the workplace and who is charged with the
answer any questions the administration of the
inspector may ask. Occupational Health and
Safety Act
Right to comment on
legislation and make the worker complied with a
representations lawful notice, (e.g. a
The worker may comment or prohibition, contravention
make representations on any notice, etc.)
regulation or safety standard
published in terms of the the worker did something
Occupational Health and Safety which in terms of the Act
Act. should have been done

Right not to be victimised the worker did not do


An employer may not dismiss a something which in terms of
worker from his/her service, the Act is prohibited
reduce a workers salary or
reduce a workers service the worker has given
conditions because evidence before the Labour
Court or a Court of Law on

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the worker supplied matters regarding health
information, which is and safety.
Stacking of material should be
done in such a manner that it
would not create a danger for
any of the workers.

Right to appeal Health and safety


The worker may appeal against representatives
the decision of an inspector.
Appeals must be referred in
writing to the Chief Inspector, What are health and safety
Occupational Health and representatives?
Safety, Department of Labour, They are full-time workers
Private Bag X117, Pretoria, nominated or elected and
0001. designated in writing by the
employer after the employer and
workers consulted one another
Duty not to interfere and reached an agreement
with or misuse about who will be health and
objects safety representatives. They must
at least be familiar with the
No-one may interfere with or circumstances and conditions at
misuse any object that has that part of the workplace for
been provided in the interest of which they are designated.
health and safety. A person Agreement must also be
may, for example, not remove reached on the period of office
a safety guard from a machine and functions of the health and
and use the machine or allow safety representative and must

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anybody else to use it without be settled amongst the employer
such a guard. and the workers.
How many health and safety example, the layout of a plant
representatives must be may be of such a nature that
designated? the designation of only one
One health and safety representative for 50 workers is
representative must be insufficient. The inspector may
designated for every workplace
consisting of 20 or more
workers. Therefore, where only
19 workers are employed, it is
not necessary to designate a
representative.

In the case of shops and


offices, one representative
must be designated for every
100 workers or part thereof.
For example, one
representative must be
designated in the case of 21 to
100 workers. But two
representatives must be
designated where 101 to 200
workers are employed, etc.

In the case of other


Did you know that the safety of cable ways is only
workplaces, one representative one of the tasks of the occupational health and
must be designated for every 50 safety inspector?
workers or part thereof. For
example, one representative
must be designated in the case then require the designation of
of 21 to 50 workers. But two more representatives. However,
representatives must be if the employer and workers so
designated where 51 to 100 agree, more than the
workers are employed. prescribed number of
representatives may be
Depending on circumstances, designated.
an inspector may require the
designation of more When must health and

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representatives, even in the safety representatives be
case where the number of designated?
workers is less than 20. For Within four months after the
A dangerous situation. The
scaffolding is not fixed to the
building and no protective clothing
is worn.

commencement of the working hours.


employers business. An
employer with more than 20 What may health and safety
workers, whose business is representatives do?
operative for less than four Health and safety
months, does not have to representatives are entitled to do
designate representatives. In the the following:
case where, for example,
seasonal workers are employed Health and safety audits
on farms, causing the number Representatives may check the
of workers to exceed 20 for a effectiveness of health and
period of less than four months, safety measures by means of
the designation of health and safety audits.
representatives is also not
necessary. Identify potential dangers
Representatives may identify
When must health and potential dangers in the
safety representatives workplace and report them to
perform their activities? the health and safety
All activities regarding the committee or the employer.
designation, function and

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training of representatives must Investigate incidents
be performed during normal Representatives may together
with the employer investigate Health and safety
incidents, or complaints from committees
workers regarding health and
safety matters, and report What is the purpose of
about it in writing. health and safety
committees?
Make representations Members meet in order to
Representatives may make initiate, promote, maintain and
representations regarding the review measures of ensuring
safety of the workplace to the the health and safety of
employer or the health and workers.
safety committee or, where the
representations are
When must health and
unsuccessful, to an inspector.
safety committees be
established?
Inspections
At least one committee must be
As far as inspections are
established when two or more
concerned, representatives
representatives are designated.
may:

- inspect the workplace after


Of how many members does
a health and safety
notifying the employer of the
committee comprise?
inspection
The employer determines the
- participate in discussions
number of committee
members, based on the
with inspectors at the
following:
workplace and accompany
in- spectors on inspections
if only one committee has
- inspect documents been established for a
workplace, all the
- with the consent of his/her representatives must be
employer, be accompanied members of that committee
by a technical advisor
during an inspection. if two or more committees
have been established for a
Attend committee meetings workplace, each
Representatives must attend representative must be a
member of at least one of

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health and safety committee
meetings. those committees.
Therefore, every representative How often do health and
must be a member of a safety representatives meet?
committee. The employer may They meet whenever it is
also nominate other people to necessary, but at least once
represent him or her on a every three months. The
committee but such nominees committee determines the time
may not be more than the and place. However, if 10% or
number of representatives more of the workers put a
designated on that committee. request for a meeting to the
inspector, the inspector may
order that such a meeting be
held at a time and place which
he or she determines.

Who determines the


procedure at the meeting?
The members of the committee
elect the chairperson and
determine his or her period of
office, meeting procedures, etc.

May health and safety


committees consult experts
for advice?
Yes, committees may co-opt
people as advisory members
for their knowledge and
expertise on health and safety
matters. However, an advisory
member does not have the
right to vote.

What do health and safety


An emergency escape door should never be
cluttered and locked as this one. committees do?
The committees only deal with
If, however, an inspector is of health and safety matters at the
the opinion that the number of workplace or sections thereof
committees in a workplace is for which such committees

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inadequate, he or she may have been established.
determine the establishment of Generally, health and safety
additional committees. committees have the following
The spot
where 11
people died
in a fire with
no way to
escape
because the
workplace
was locked
from the
outside.

functions: to an inspector.

Make recommendations Other functions


A committee must make Committee members must
recommendations to the perform any other functions
employer abut the health and required of them by regulation.
safety of workers. Where these
recommendations do not lead Deductions
to solving the matter, the
committee may make An employer may not make
recommendations to an any deductions from a workers
inspector. salary with regard to anything
he or she is required to do in
Discuss incidents the interest of health and safety
in terms of the Act.
A committee must discuss any
incident that leads to the injury,
illness, or death of any worker Report to the Chief
and may report about it in Inspector regarding
writing to the inspector. occupational diseases

Recordkeeping If a medical practitioner

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A committee must keep record examines or treats someone for
of every recommendation to a disease that he or she
the employer and every report suspects arose from that
workers employment, the inspector with the investigation.
medical practitioner must No one may insult the
report the case to the workers inspector or deliberately
employer and to the Chief interrupt the investigation.
Inspector.
Prosecutions
Cooperation with the
inspector When the worker does
something which in terms of
Compliance with directions, the Occupational Health and
subpoenas, requests or Safety Act is regarded as an
commands offence, the employer is
Employers and workers must responsible for that offence,
comply with the directions, and he or she could be found
subpoenas, requests or orders guilty and sentenced for it,
of inspectors. In addition, no unless the employer can prove
one may prevent anyone else that:
from complying.
he or she did not give his or
Answering questions her consent
The inspectors questions
should be answered, but he or she took all
no-one is obliged to answer a reasonable steps to prevent
question by which he or she it
might incriminate him or
herself. To incriminate oneself the worker did not act within
means that one is suggesting the scope of his or her
that one is responsible for a competence, in other words,
contravention. that the worker did
something which he or she
Investigations knew he or she should not
When the inspector so requires, have done.
he or she must be provided
with the necessary means and The foregoing also applies to a
be given the assistance he or mandatory of an employer, for
she may need to hold an example, a subcontractor,
investigation. The inspector unless the parties agree
may also request that beforehand in writing on how

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investigations be attended by the mandatory will comply with
individuals who may assist the the provisions of the Act.
Assistance from an inspector

Inspectors may be contacted at the following offices of the


Department of Labour:
Provincial Offices of the Department Lusikisiki Tel: (039) 253 1996
of Labour Maclear Tel: (045) 932 1424
Mdantsane Tel: (043) 761 3151
Eastern Cape Port Elizabeth Tel: (041) 506 5000
East London Tel: (043) 701 3000 Queenstown Tel: (045) 807 5400
Uitenhage Tel: (041) 992 4627
Free State Umtata Tel: (047) 501 5600
Bloemfontein Tel: (051) 505 6200
Free State
Gauteng North Bethlehem Tel: (058) 303 5293
Pretoria Tel: (012) 309 5000 Bloemfontein Tel: (051) 505 6201
Ficksburg Tel: (051) 933 2299
Gauteng South Harrismith Tel: (058) 623 2977
Johannesburg Tel: (011) 497 3222 Kroonstad Tel: (056) 212 4471
Parys Tel: (056) 811 3043
KwaZulu-Natal Petrusburg Tel: (053) 574 0932
Durban Tel: (031) 336 2000 Phuthaditjhaba Tel: (058) 713 0373
Sasolburg Tel: (016) 970 3200
Limpopo Thaba Nchu Tel: (051) 873 2004
Polokwane Tel: (015) 290 1744 Welkom Tel: (057) 391 0200
Zastron Tel: (051) 673 1471
Mpumalanga
Witbank Tel: (013) 655 8700 Gauteng North
Atteridgeville Tel: (012) 386 5116
North West Bronkhorstspruit Tel: (013) 932 0197
Mafikeng Tel: (018) 387 1800 Garankuwa Tel: (012) 702 4525
Krugersdorp Tel: (011) 955 4420
Northern Cape Mamelodi Tel: (012) 805 5090
Kimberley Tel: (053) 838 1500 Pretoria Tel: (012) 309 5050
Randfontein Tel: (011) 693 3618
Western Cape Soshanguve Tel: (012) 799 7395
Cape Town Tel: (021) 441 8000 Temba Tel: (012) 717 7395

Labour Centres of the Department of Gauteng South


Labour Alberton Tel: (011) 861 6130
Benoni Tel: (011) 747 9601
Eastern Cape Boksburg Tel: (011) 898 3340
Aliwal North Tel: (051) 633 2633 Brakpan Tel: (011) 744 9000
Butterworth Tel: (047) 491 0490 Carletonville Tel: (018) 788 3281
Cradock Tel: (048) 881 3010 Germiston Tel: (011) 345 6300
East London Tel: (043) 702 7500 Johannesburg Tel: (011) 497 3163
Fort Beaufort Tel: (046) 645 4686 Kempton Park Tel: (011) 975 9301
Nigel Tel: (011) 814 7095

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Graaf-Reinet Tel: (049) 892 2142
Grahamstown Tel: (046) 622 2104 Roodepoort Tel: (011) 766 2000
King Williams Sandton Tel: (011) 444 7631
Town Tel: (043) 642 3401 Sebokeng Tel: (016) 988 2626
Soweto Tel: (011) 939 1200 Secunda Tel: (017) 631 2585
Springs Tel: (011) 362 6636 Standerton Tel: (017) 712 1351
Vanderbijlpark Tel: (016) 981 0280 Volksrust Tel: (017) 735 2994
Vereeniging Tel: (016) 430 0000
Northern Cape
KwaZulu-Natal Calvinia Tel: (027) 341 1523
Durban Tel: (031) 336 1500 De Aar Tel: (053) 631 0952
Dundee Tel: (034) 212 3147 Kimberley Tel: (053) 838 1500
Estcourt Tel: (036) 352 2161 Kuruman Tel: (053) 712 3952
Kokstad Tel: (039) 727 2140 Springbok Tel: (027) 718 1058
Ladysmith Tel: (036) 637 3461 Upington Tel: (054) 331 1752
Newcastle Tel: (034) 312 6038
Pietermaritzburg Tel: (033) 342 9361 North West
Pinetown Tel: (031) 700 2206 Brits Tel: (012) 252 3068
Port Shepstone Tel: (039) 682 2406 Christiana Tel: (053) 441 2120
Prospecton Tel: (031) 902 1590 Klerksdorp Tel: (018) 464 8700
Richmond Tel: (033) 212 2768 Lichtenburg Tel: (018) 632 4323
Richards Bay Tel: (035) 780 8700 Mafikeng Tel: (018) 381 1010
Stanger Tel: (032) 551 4291 Mogwase Tel: (014) 555 5693
Ulundi Tel: (035) 879 1439 Potchefstroom Tel: (018) 297 5100
Verulam Tel: (032) 533 5050 Rustenburg Tel: (014) 592 8214
Vryheid Tel: (034) 980 8992 Taung Tel: (053) 994 1679
Vryburg Tel: (053) 927 5221
Limpopo
Giyani Tel: (015) 812 9041 Western Cape
Lebowakgomo Tel: (015) 633 6958 Beaufort West Tel: (023) 414 3427
Lephalale Tel: (014) 763 2162 Bellville Tel: (021) 941 7000
Makhado Tel: (015) 516 0207 Cape Town Tel: (021) 460 5911
Modimolle Tel: (014) 717 1046 Claremont Tel: (021) 683 2388
Mokopani Tel: (015) 491 5973 George Tel: (044) 801 1201
Phalaborwa Tel: (015) 781 5114 Knysna Tel: (044) 382 3150
Polokwane Tel: (015) 299 5000 Mitchells Plain Tel: (021) 376 1771
Seshego Tel: (015) 223 7020 Mossel Bay Tel: (044) 691 1140
Thohoyandou Tel: (015) 960 1300 Oudtshoorn Tel: (044) 272 4370
Tzaneen Tel: (015) 306 2600 Paarl Tel: (021) 872 2020
Somerset West Tel: (021) 852 2535
Mpumalanga Vredenburg Tel: (022) 715 1627
Baberton Tel: (031) 712 3066 Worcester Tel: (023) 347 0152
Bethal Tel: (017) 647 2383
Carolina Tel: (017) 843 1077 Head Office address of the Chief
Ermelo Tel: (017) 819 7632 Inspector of Occupational Health and
Evander Tel: (017) 632 2295 Safety
Groblersdal Tel: (013) 262 3150
Kwamhlanga Tel: (013) 947 3173 Department of Labour
Lydenburg Tel: (013) 235 2368 Tel: (012) 309 4774
Middelburg Tel: (013) 283 3600 Private Bag X117
Nelspruit Tel: (013) 753 2844 Fax: (012) 309 4382
Nhlazatshe Tel: (017) 883 2414 Pretoria
Piet Retief Tel: (017) 826 1883 0001

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Sabie Tel: (013) 764 2105

Layout and design by the Media Production Unit (J de Wet),


Chief Directorate of Communication, Department of Labour

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