NEWSLETTER OHS 8 2022
25 October 2022 – 15 December 2022

HEALTH & SAFETY LEGISLATION

REGULATIONS

OCCUPATIONAL HEALTH & SAFETY ACT 85 OF 1993

COMMERCIAL DIVING REGULATIONS, 2022

The Minister of Employment and Labour amended the Commercial Diving Regulations, 2022. Published under Government Notice R.2692, Government Gazette 47413 of 31 October 2022.

REGULATIONS FOR HAZARDOUS BIOLOGICAL AGENTS, 2022

The Minister of Employment and Labour amended the Regulations for Hazardous Biological Agents, 2022. Published under Government Notice R.2693, Government Gazette 47413 of 31 October 2022.

NOTICES:

OCCUPATIONAL HEALTH & SAFETY ACT 85 OF 1993

INCORPORATION OF SAFETY STANDARDS

The Chief Inspector withdrew Government Notices No. R 829 of Government Gazette No. 33561, No.R1148 of the Government Gazette No. 40294 and R484 of the Government Gazette No. 41622 and incorporated in the Lift, Escalator and Passenger Conveyor Regulations, 2010, the safety standards specified in Government Notice 2683, Government Gazette 47373 of 29 October 2022.

GENERAL LEGISLATION

NOTICES:

WHITE PAPER ON THE RIGHTS OF PERSONS WITH DISABILITIES

ANNUAL PROGRESS REPORT ON IMPLEMENTATION OF THE WHITE PAPER ON THE RIGHTS OF PERSONS WITH DISABILITIES

The Annual Progress Report on implementation of the white paper on the rights of persons with disabilities was published under Government Notice 2753, Government Gazette 47526 of 18 November 2022.

CIVIL AVIATION ACT 13 OF 2009

CIVIL AVIATION REGULATIONS, 2011

The Minister of Transport intends, in terms of Section 155(1) of the Civil Aviation Act,2009 (Act No.13
of 2009) to amend the Civil Aviation Regulations,2011, by the amendment of the following Parts set out in
Schedules below:
Schedule 1 Part 1 (relating to Part 139) General Provisions
Schedule 2 Part 61 Pilot Licensing
Schedule 3 Part 66.01.11 Aircraft Maintenance Engineer Licence
Schedule 4 Part 66.03.9 Aircraft Maintenance Engineer Licence
Schedule 5 Part 67.00.2 Medical Certification
Schedule 6 Part 91 General aviation and operating and flight rules
Schedule 7 Part 91 General aviation and operating and flight rules
Schedule 8 Part 91.03.4 General aviation and operating and flight rules
Schedule 9 Part 91.07.37 & 91.0739 General aviation and operating and flight rules
Schedule 10 Part 91.05.1 General aviation and operating and flight rules
Schedule 11 Part 91, Subpart 10 General aviation and operating and flight rules
Schedule 12 Part 92 Conveyance of dangerous goods
Schedule 13 Part 93.08.1 Corporate aviation operations and high-performance aircraft
Schedule 14 Part 101 Remotely Piloted Aircraft Systems
Schedule 15 Part 121.05.4 & 121.05.27 Air transport operations – Carriage on aeroplanes of more than 19 passengers or cargo
Schedule 16 Part 121.05.5 Air transport operations – Carriage on aeroplanes of more than 19 passengers or cargo
Schedule 17 Part 127 Commercial helicopter operations: Passengers cargo and mail
Schedule 18 Part 135.03.5 Air transport operations – Carriage of less than 20 passengers or cargo
Schedule 19 Part 135.05.5 Air transport operations – Carriage of less than 20 passengers or cargo
Schedule 20 Part 139 Aerodromes and heliports
Schedule 21 Part 139 Aerodromes and heliports
Schedule 22 Part 140.01.1 Safety management system
Schedule 23 Part 141.01.14 Aviation training organisations
Schedule 24 Part 1 & 174 Meteorological information services

The Director of Civil Aviation intends, in terms of Section 163 of the Civil Aviation Act, to amend the Technical Standards by the Amendment of the following Parts set out in the Schedules below:
Schedule 25 SA CATS 66.01.11 Aircraft Maintenance Engineer Licence
Schedule 26 SA CATS 91 General aviation and operating and flight rules
Schedule 27 SA CATS 91, Subpart 10 General aviation and operating and flight rules
Schedule 28 SA CATS 91.07.21 General aviation and operating and flight rules
Schedule 29 SA CATS 92 Conveyance of dangerous goods
Schedule 30 SA CATS 121.05.17 Air transport operations – Carriage on aeroplanes of more than 19 passengers or cargo
Schedule 31 SA CATS 135 Air transport operations – Carriage of less than 20 passengers or cargo
Schedule 33 SA CATS 145.02.7 Aircraft Maintenance Organisations
Schedule 34 SA CATS 174 Meteorological information services
Published under Government Notice 2723, Government Gazette 47476 of 8 November 2022.

NATIONAL AVIATION SECURITY PROGRAM

The Minister of Transport approved the National |Aviation Security Program (NASP) 200 in terms of Section 109 of the Civil Aviation Act, 2009. The commencement date of the amended NASP 2022 was 12 August 2022 and replaces the NASP that came into effect on 11 May 2012. Application for access to the amended NASP 2022 must be in writing to the Aviation Security: Executive, at South African Civil Aviation Authority. Published under Government Notice 1368, Government Gazette 47373 of 28 October 2022.

PROJECT AND CONSTRUCTION MANAGEMENT PROFESSIONS ACT 48 OF 2000

FEES PAYABLE TO THE COUNCIL

The South African Council for the Project and Construction Management Professions (SACPCMP) published the fees and charges payable to the Council for the financial year 1 April 2023 to 31 March 2024, w.e.f 1 April 2023. Published under Board Notice, Government Gazette 47677 of 8 December 2022.

HEALTH LEGISLATION

REGULATIONS

VETERINARY AND PARA-VETERINARY PROFESSIONS ACT 19 OF 1982

REGULATIONS RELATING TO VETERINARY AND PARA-VETERINARY PROFESSIONS: AMENDMENT

The Minister of Agriculture, Forestry and Fisheries amended Table 4 of the abovementioned regulations regarding the qualifications for registration to practice a para-veterinary profession. Published under Government Notice 1494, Government Gazette 47665 of 9 December 2022.

REGULATIONS RELATING TO THE REGISTRATION OF VETERINARY FACILITIES

The Minister of Agriculture, Land Reform and Rural Development amended the regulations relating to the registration of veterinary facilities, published in the Government Gazette number 29792, No.R.318 on 20 April 2007. Published under Government Notice 1492, Government Gazette 47665 of 9 December 2022.

MEDICINES AND RELATED SUBSTANCES ACT 101 OF 1965

GENERAL REGULATIONS MADE IN TERMS OF THE MEDICINES AND RELATED SUBSTANCES ACT 101 OF 1965

The Minister of Health amended Regulation 1 and 3 of the abovementioned Regulations regarding the Compounding of medicines. Published under Government Notice 2853, Government Gazette 47673 of 8 December 2022.

NATIONAL HEALTH ACT 61 OF 2003

REGULATIONS RELATING STANDARDS FOR EMERGENCY MEDICAL SERVICES

The Minister of Health made the abovementioned Regulations, which were published under Government Notice 2819, Government Gazette 47632 of 2 December 2022.

PHARMACY ACT 53 OF 1974

REGULATIONS RELATING TO FEES PAYABLE TO COUNCIL

The Minister of Health made the abovementioned Regulations, which were published under Government Notice R2827, Government Gazette 47637 of 2 December 2022.

NOTICES

ALLIED HEALTH PROFESSIONS ACT 63 OF 1982

REGULATIONS RELATING TO FINES WHICH MAY BE IMPOSED BY AN INQUIRING BODY AGAINST PRACTITIONERS FOUND GUILTY OF UNPROFESSIONAL CONDUCT IN TERMS OF THE ACT, OR FOR NON-COMPLIANCE WITH ANY CONTINUING PROFESSIONAL DEVELOPMENT (CPD) REQUIREMENTS

The Minister of Health intends to make the abovementioned regulations. Interested persons were invited to submit substantiated comments or representations in writing on the proposed amendments to Mihloti.mushwana@health.gov.za, within one month of date of publication of the notice in the Government Gazette. Published under Government Notice 2748, Government Gazette 47526 of 18 November 2022.

ALLIED HEALTH PROFESSIONS REGULATIONS: AMENDMENT 2022

The Minister of Health intends to amend the abovementioned Regulations. Interested persons were invited to submit substantiated comments or representations in writing on the proposed amendments, to the Director-General: Health, at MushwM@health.gov.za. Published under Government Notice 2818, Government Gazette 47632 of 2 December 2022.

VETERINARY AND PARA-VETERINARY PROFESSIONS ACT 19 OF 1982

RULES RELATING TO THE PRACTICING OF PARA-VETERINARY PROFESSION OF ANIMAL HEALTH TECHNICIAN

The South African Veterinary Council withdrew and substituted the rules relating to the practising of Para-Veterinary profession of Animal Health Technician as published in Government Gazette number 30184, GNR.770, on 24 August 2007. The said substitution came into operation on date of publication. Published under Government Notice 1493, Government Gazette 47665 of 9 December 2022.

RULES RELATING TO THE VETERINARY PROFESSIONS

The South African Veterinary Council repealed rules 33 to 42 of the rules pertaining to the veterinary professions, as published in Government Gazette notice 1082, Government Gazette number 39380, on 9 November 2015. The Minister of Agriculture, Land Reform & Rural Development approved the repeal of the said rules, w.e.f date of publication of the Notice in the Government Gazette. Published under Government Notice 1491, Government Gazette 47665 of 9 December 2022.

RULES RELATING TO THE PRACTISING OF PARA-VETERINARY PROFESSION OF LABORATORY ANIMAL TECHNOLOGIST

The South African Veterinary Council withdrew and substituted the rules relating to the practising of Para-Veterinary profession of Laboratory Animal Technologist, as published under Government Gazette number 18313, GNR.1445, on 3 October 1997. The said substitution came into operation on the date of publication. Published under Government Notice 1489, Government Gazette 47665 of 9 December 2022.

RULES RELATING TO THE PRACTISING OF PARA-VETERINARY PROFESSION OF VETERINARY NURSE

The South African Veterinary Council withdrew and substituted the rules relating to the practising of para-veterinary profession of veterinary nurse, as published in Government Gazette number 18313, GNR.1445, on 17 May 1991. The said substitution came into operation on the date of publication. Published under Government Notice 1488, Government Gazette 47665 of 9 December 2022.

MEDICINES AND RELATED SUBSTANCES ACT 101 OF 1965

REGULATIONS RELATING TO A TRANSPARENT PRICING SYSTEM FOR MEDICINES AND SCHEDULED SUBSTANCES: DRAFT DISPENSING FEE FOR PHARMACISTS FOR 2023

The Minister of Health made the abovementioned Regulations. Interested persons were requested to submit comments in writing within three months of publication of the Notice in the Government Gazette, to the Director: Pharmaceutical Economic Evaluations Directorate. Published under Government Notice 2820, Government Gazette 47632 of 2 December 2022.

DRAFT DISPENSING FEE TO BE CHARGED BY PERSONS LICENSED IN TERMS OF SECTION 22C(1)(a)

The Minister of Health made the abovementioned Regulations. Interested persons were requested to submit comments in writing, on the proposed Regulations within three months of publication of the Notice in the Government Gazette, to Ntobeko.Mpanza@health.gov.za. Published under Government Notice 2821, Government Gazette 47632 of 2 December 2022.

MARITIME LEGISLATION

REGULATIONS:

MERCHANT SHIPPING ACT 57 OF 1951

AMENDMENTS TO REGULATIONS RELATING TO MERCHANT SHIPPING (COLLISION AND DISTRESS SIGNALS), 2022

The Minister of Transport amended the abovementioned Regulations. Published under Government Notice 1384, Government Gazette 47448 of 4 November 2022.

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