The Occupational Health and Safety Act, 1993 *, requires the employer to bring about and maintain, as far as reasonably practicable, a work environment that is safe and without risk to the health of the workers. This means that the employer must ensure that the workplace is free of hazardous substances, such as:

• Benzene
• Chlorine and micro organisms
• Articles
• Equipment
• Processes, etc.

..that may cause injury, damage or disease.

Where this is not possible, the employer must inform workers of these dangers, how they may be prevented, and how to work safely and provide other protective measures for a safe workplace.

Act and Regulations

The Act, known as the Occupational Health and Safety Act, 1993 (Act 85, 1993 *) consists of 50 sections approved by Parliament. The purpose of the Act is to provide for the health and safety of people at work or about the use of plant and machinery. It further provides for the protection of people other than people at work from hazards arising out of or regarding the activities of people at work. * ref Media Production Unit ( J DE Wet) Chief Directorate of Communication , Department of Labour.

“In order to ensure the health and safety of the workers provincial offices has been established in all provinces’’

Department of Labour Chief Directorate of Occupational Health and Safety

The Occupational Health and Safety Act is administered by the Chief Directorate of Occupational Health and Safety of the Department of Labour *. To ensure the health and safety of workers, provincial offices have been established in all the provinces.

Inspections

Inspections are usually planned on the basis of accident statistics, the presence of hazardous substances, such as the use of benzene in laundries, or the use of dangerous machinery in the workplace. Unplanned inspections, on the other hand, usually arise from requests or complaints by workers, employers, or members of the public. These complaints or requests are treated:

• Prohibition notice
• Contravention notice

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.

What must the employer do to ensure that the work environment is safe and without risk to the health of his or her workers?

The employer must provide and maintain all the equipment that is necessary to do the work, and all the systems according to which work must be done, in a condition that will not affect the health and safety of workers.

The employer must take measures to protect his or her workers health and safety against hazards that my result from production, processing, use, handling, storage or handling or transportation of articles or substance. To ensure these duties are complied with, the employer must:

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

What are health and safety representatives?

They are full-time workers nominated or elected and designated in writing by the employer after the employer and workers consulted one another and reached an agreement about who will be health and safety representatives.

How many health and safety representatives must be designated?

One health and safety representative must be 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.

Depending on circumstances, an inspector may require the designation of more representatives, even in the
case where the number of workers is less than 20. For example, the layout of a plant may be of such a nature that
the designation of only one representative for 50 workers is insufficient.

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Written By Mahlodi Magane