Regulations

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CareTac's RPA services are tailored to ensure full, streamlined compliance with South Africa's radiological rules and regulations, which cover all areas of the economy and foresee significant penalties - monetary fines and jail time to license suspensions/cancellations and forfeiture of goods - for violations committed.

 

What are the regulations?

 

Hazardous Substances Act 15 of 1973 (Act 15) is South Africa's chief legislative document that sets radiological rules and regulations. Together with subsequent specifications and amendments, Act 15 is what drives how CareTac develops and implements its Radiation Protection and Management services, employing a unique approach to every client depending on their type of business.

 

Who enforces Act 15?

 

The Department of Health (DOH) and the South African Health Products Regulatory Authority (SAHPRA) are responsible for enforcing Act 15.  

 

What are the penalties?

 

The penalties for violating any specific section or subsection of Act 15 are:

  • Monetary fines

  • Imprisonment up to 10 years

  • License suspensions/cancellations

  • Forfeiture of goods (any grouped hazardous substances, appliance, product, or other object applicable in an offense) to the State.

 

Who enforces the penalties?

 

  • The magistrate's court with proper jurisdiction determines monetary fines and prison sentences

  • The Director-General of the DOH establishes whether to a suspend a license and for how long and makes decisions on license cancellations. Precedent indicates that the minimum license suspension is 1-2 weeks, with ultimate license reinstatement requirement that the offense be rectified.

 

Who is liable?

 

Act 15 establishes strict liability for an employer and his or her employees, mandataries, and agents regardless of who in fact commits the offense in question.

 

An employer is liable for any act or omission constituting an offense that his or her employees, mandataries, or agents commit, and thus may be convicted and sentenced accordingly, unless the employer can prove:

  • that he or she did not permit or connive at such act or omission; and

  • the he or she took all reasonable measures to prevent an act or omission of the nature in question; and

  • that the act or omission committed in no way, shape, or form fall within the course of employment, mandate performance, or scope of authority of the employee, mandate, or agent in question.

 

At the same time, employees, mandataries, and agents are not freed of liability to be convicted and sentenced for the act or omission in question.