Theme 7: Occupational Health and Safety Act 85 of 1993

1. Theme 7:Occupational Health and Safety Act 85 of 1993

2. Purpose of the Act • To provide for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery; • the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work; • to establish an advisory council for occupational health and safety; and to provide for matters connected therewith.

3. Application of the Act • Excluded: • A mine, except insofar the Act provides otherwise • Certain vessels (any load line ship (including a ship holding a load line exemption certificate), fishing boat, sealing boat and whaling boat as defined in section 2 (1) of the Merchant Shipping Act, 1951 (Act No. 57 of 1951), or any floating crane, whether or not such ship, boat or crane is in or out of the water within any harbour in the Republic or within the territorial waters thereof or in respect of any person present on or in any such mine, mining area, works, ship, boat or crane.) • Labour Brokers are not considered to be employers in terms of the Act. • Covers: • Private and public sectors • Agricultural sector • Domestic workers in private households • Persons exposed to hazards

4. Advisory Council for OHAS • Functions of the council • Advise the Minister on matters of policy arising out of the application of the act. • Advise Minister on matters relating to OHAS. • Do research and conduct investigations. • Advise Department on the formulation and publication of standards, specifications and other forms of guidance in order to assist employers and employees to maintain appropriate standards. • Advise Department on the collection and dissemination of information on OHAS. • Council may establish technical committees. • Advise the department on any matter regarding the performance of its functions.

5. Duties of employers • Provide a safe working environment without risk to the health of employees. • To maintain and provide systems of work, plant and machinery which are safe and without risk. • To eliminate or mitigate any hazard or potential hazard to HAS of employees. • To provide safety when producing, processing, use, handling, storage or transport of articles or substances. • Establish hazards and provide precautionary measures. • Provide information, training and supervision regarding HAS. Ensure employees are conversant regarding hazards. • Provide trained supervisors at workplace. • Prevent employees or others from exposure to hazards.

6. Appoint HAS representatives and inform them of inspections, investigations and formal enquiries by an inspector. • Inform HAS Representative of an incident. • Identify and evaluate hazards associated with listed work. • Report to labour inspector any incident.... • Manufacturers: • Any person who designs, manufactures, imports, sells or supplies any article for use at work shall ensure, as far as is reasonably practicable, that the article is safe and without risks to health when properly used and that it complies with all prescribed requirements. • Any person who erects or installs any article for use at work on or in any premises shall ensure, as far as is reasonably practicable, that nothing about the manner in which it is erected or installed makes it unsafe or creates a risk to health when properly used.

7. Duties of employees • Take reasonable care of the HAS of himself and other workers. • Co-operate with the employer with regard to HAS matters. • Obey HAS rules and procedures. • Report any unsafe or unhealthy situation. • Refrain from interfering/misuse/damage anything provided in the interest of HAS.

8. HAS Representatives • Workplace with more than 20 employees = 1 HAS rep. from full-time workforce. After consultation with the registered trade union, the representatives will be nominated, elected and trained. • In shops/office: 1 HAS rep for every 100 Employees; • Other: 1 HAS rep for every 50 Employees. • Functions: • Review effectiveness of HAS measures. • Identify potential hazards and incidents. • Examine causes of incidents. • Investigate complaints relating to HAS. • Make representations regarding HAS. • Inspect the workplace..... • Consult and accompany inspectors. • Attend HAS meetings. • May attend inspection of an incident, investigation or formal enquiry.

9. HAS Committees • Established where there are 2/more HAS reps. • All HAS reps must be members of this committee. • Functions: • Make HAS recommendations to employer. • Discuss incident at workplace and report to inspector in writing. • Keep records of recommendations and reports.

10. Labour Inspectors • Employees of DOL. • General functions: To ensure compliance with the Act • Enter premises without notice. • Question any person on the premises. • May require production of books, documents or records, examine them, seize them for purpose of evidence. • Inspect an article on the premises and remove it for analysis. • Require explanations regarding entries/queries of the above. • May be accompanied by an interpreter or member of SAPS while performing duties.

11. Special Powers:Relates to HAS • Prohibit commencing or continuing of performance or work with plant or machinery. • May barricade / fence off prohibited work area. • Prohibit exposure of employees to substances / articles that threaten HAS, in writing. • Provisions can be revoked once satisfactory arrangements have been made to dispose of the threat. • May provide written specifications to employer to be taken in the interest of HAS.

12. Investigation: Relating to incidents or accidents in workplace • May investigate an incidentwhich has resulted in injury, illness / death • May conduct a formal enquiry into the incident. • Sub-poenaany person to appear before him and give evidence for the purposes of the enquiry. • May designate any person to lead evidence and to examine any witness. • Witness at inquiry may be questioned by a interested party / representative. • Report submitted to the National Prosecuting Authority and Chief inspector after completion of the investigation.

13. Mine Health and Safety Act, 29/1996 • Applies to mines, mining areas and works. • Person is appointed at mines to take responsibility for HAS: Manager. • A safe risk free environment must be provided and maintained. • Medical surveillance must be established and maintained if employees are exposed to health hazards. • Every employee must • take reasonable care to protect his own HAS and that of others. • use and take proper are of protective clothing and equipment and report any situation which risks HAS. • Employee has the right to leave the workplace whenever circumstances arise which appear to pose a serious danger to his health.

14. END Mine Health and Safety Council & Mining Qualifications Authority: advise Minister on HAS matters and training. Inspectorate of Mine Health and Safety: Ensure provisions of Act complied with. HAS representatives and committees: Collective agreement is concluded with representative trade union to regulate appointment of representatives and establishment of committees.