DEPARTMENT OF LABOUR

Occupational health and safety act and regulations

ME Ruiters

Senior Specialist :OHH

Layout

• Overview of DOL

• OHS act history

• OHS act 85 OF 1993

• Regulations

• Occupational hygiene regulations

• Conclusion

Overview: DoL’s Vision

• Is to strive for a labour market conducive for Investment, Economic Growth, Employment Creation and decent work

DOL Mandate

• The DOL has a mandate which amongst others included.

–Enhancing occupational health and safety awareness and improve compliance in the workplace

IES Programme Overview

• Aim for the regulation of the labour market, reduction of unemployment, poverty and inequality through a set of policies and programs developed in consultation with our social partners

IES Programme Overview

• These policies and programs are aimed at: Improving economic efficiency and productivity, employment creation, sound labour relations, eliminating inequality and discrimination in the workplace, alleviating poverty in employment, enhancing occupational health and safety awareness and improve compliance in the workplace, as well nurturing the culture of acceptance that “worker’s rights are human rights”.

Historical account of the Acts

The very first legislation introduced into South Africa covered both industrial safety and conditions of employment:

1. The very first Act was the Factories Act 28 of 1918

In terms of CHAPTER I of the aforementioned Act, the general administration of this Act was vested in the Minister of Mines and Industries originally before it was transferred to the Department of Labour in 1924.

2. Factory and Building Work Act, 22 of 1941. A further shift came about during the 1983 period, where legislation focussed purely on OHS and did not include the Conditions of Employment

3. Machinery and Occupational Safety Act, Act 6 of 1983

4. Introduction of Self regulation … functions increased for OHS representatives and committees and focus placed on Occupational Health

5. Occupational Health and Safety Act, Act 85 of 1993

Current act predated the constitution of the Republic of South Africa

Evolution of the Long Titles

1918:

To provide for the regulation of factories and for other purposes

incidental thereto.

1918: To provide

for the regulation of factories and

for other purposes incidental thereto.

1941: To provide for the registration

and control of factories, regulation of hours and

conditions of work in factories, supervision of the use of

machinery, precautions against accident to persons employed

on building or excavation work, and for matters incidental

thereto.

1983: To provide for the safely

of persons at a workplace or in the

course of their employment or in

connection with the use of machinery; to

establish an advisory council for occupational safely; and to provide for

incidental matters.

1993: 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

OCCUPATIONAL HEALTH AND SAFETY ACT

85 0F 1993 • The health and safety of persons at work

• The heath and safety of persons in connection with the use of plant and machinery;

• The protection of person other than persons at work against hazards arising out of or in connection with the activities of persons at work;

• Establish an advisory council for occupational health and safety

Exclusions

• OHS act does not apply to

– a mine

– a load line ship, fishing boat, sealing boat and whaling boat or any floating crane whether or not such ship boat or crane is in or out of the water within a harbour

OHS Act

1: Definitions

2- 6 : Advisory council and technical committees of the Council

7: Health and safety policy

8: Duties of employers

9: Duties employers and self employed to persons other that their employees

10 :Duties of manufactures and others (artical and substances

11: listed work

12: duties employers listed work

13: Duty to inform

14: Duties of employees at work

15: Duty not to interfere with, damage or misuse things

16:Chief executive officer charged with certain duties

17- 20 Health and safety representatives and committees

21: General prohibitions

22: Sale of certain articles prohibited

23: Certain deductions prohibited

24: Report to inspector regarding certain incidents

25: Report to chief inspector regarding occupational diseases

26: Victimization forbidden

27:Designation and functions of chief inspector

OHS Act

28: Designation of inspectors by Minister

29: Functions of inspectors

30: Special powers of inspectors

31: Investigations

32: Formal inquiries

33: Joint inquiries

34:Obstruction of investigation or inquiry or presiding inspector or failure to render assistance

35: Appeal against decision of inspector

36: Disclosure of information

37: Acts or omissions by employees or mandatories

38: Offences, penalties and special orders of court

39: Proof of certain facts

40: Exemptions

41: This Act not affected by agreements

42: Delegation and assignment of functions

43: Regulations

44: Incorporation of health and safety standards in regulations

45:Serving of notices

46: Jurisdiction of magistrates' courts

47: State bound

48: Conflict of provisions

49: Repeal of laws

50 : Short tile and commencement

7: Health and safety policy

• 1)The chief inspector may direct -

a) employer in writing; and

b) any category of employers by notice in the Gazette, to prepare a written policy concerning the protection of the health and safety of his employees at work, including a description of his organization and the arrangements for carrying out and reviewing that policy.

• 2) Any direction under subsection (1) shall be accompanied by guide-lines concerning the contents of the policy concerned.

• 3) An employer shall prominently display a copy of the policy referred to in subsection (1), signed by the chief executive officer, in the workplace where his employees normally report for service.

8: Duties of employers

• Every employer shall provide and maintain, as far as is reasonably practicable a working environment that is safe and without risks.

• What must employer do?

– Provide and maintain a health and safety management system of work;

H&S Management System

PLAN

• Statement of policy

• Hazard identification and risk assessment

DO • Implementation & operations

CHECK

• Performance assessment through active &passive monitoring

Act • Review & continual improvement

Duties of employers

Risk assessment

Control risks

Medical surveillance

Not permit employees to work

unsafely

Provide measure to apply safety

measures

Information training and supervision

Enforce health and safety measures at

work

Ensure that that every person on

the premises obeys

Training of supervisors

13: Duty to inform

• Every employee to be made aware of the hazards associated with work, and the precautionary measures that needs to be taken;

• Inform the H&S reps beforehand of any inspections, or investigations to be conducted by an inspector; and

• Inform a H&S rep of the occurrence of an incident in the workplace.

14: Duties of employees at work

Care of their own H&S

Care of others who may be

affected by their acts or omissions;

Co-operate with the employer

Carry out any lawful order, OBEY

H&S RULES

Report any unsafe situation

15 : Duty not to interfere

• No person shall intentionally or recklessly interfere with, damage or misuse anything, which is provided in the interest of H&S.

16:Chief executive officer charged

with certain duties • Ensure that the duties of the employer are

properly discharged.

• The CEO may assign duties to any person who shall act under his/her control and direction.

• The assignment of duties shall not, relieve the CEO of any responsibility or liability under this Act

17: H&S Representatives

• More than 20 , negotiate and consult before designation of H&S reps.

• H & S reps to be appointed for a particular workplace/ workstation/ department.

• Only full time employees

• Period of office

• Provide facilities, training and assistance to H&S reps

• Investigate circumstance of any incident

18: Functions of H&S Reps

• May review H&S measures

• Identify potential hazards

• Examine the cause of incidents at the workplace

• Investigate complaints employees

• Make representations to the employer or H & S committee and Labour Inspector

• Inspect the workplace, at agreed intervals;

• Attend meetings of the H&S committee.

• H&S rep shall:

– Visit the site of an incident

– Attend any inspection

– Attend any investigation or formal inquiry held by an inspector

– Inspect H&S related document;

– Accompany an inspector on any inspection

– Accompany any technical adviser; and

– Participate in any internal Health or Safety Audit.

19: H&S Comittee

• Companies has two or more H&S reps, establish H&S committee.

• Meetings must take place at suitable meeting place

• Records needs to be kept for at least 3 years

• H&S committee member may not incur civil liability

Committee activities

Safety Committee

Provide OHS information &

training

Accompanying OHS

INSPECTORS DURING OFFICIAL

INSPECTIONS

Review OHS Information for

currency

Assist with the development of

OHS Policies

Conduct regular workplace inspections

23: Certain Deductions Prohibited

• No employer shall in respect of anything, which he/she is required to provide or to do in the interest of the health or safety, make any deduction from any employee’s remuneration

24: Report to inspector regarding

certain incidents • Report within 7 days

– name of employees

– address of injured person

– name of user, employer or self-employed person

– address of user, employer or self-employed person

25: Report to chief inspector regarding occupational diseases

• Medical practitioner to report within 14 days to the Chief inspector

31: Investigations

• 1) An inspector may investigate the circumstances of any incident which has occurred could have resulted, in the injury, illness or death of any person in order to determine whether it is necessary to hold a formal investigation in terms of section 32.

• 2) After completing the investigation in terms of subsection (1) the inspector shall submit a written report to the attorney- general within whose area of jurisdiction such incident occurred and he shall at the same time submit a copy of the report, statements and documents to the chief inspector.

• 3) Upon receipt of a report referred to in subsection (2), the attorney- general shall deal therewith in accordance with the provisions of the Inquests Act, 1959 (Act No. 58 of 1959), or the Criminal Procedure Act, 1977 (Act No. 51 of 1977), as the case may be.

• 4) An inspector holding an investigation shall not incur any civil liability by virtue of anything contained in the report referred to in subsection (2).

38: Offences, penalties and special

orders of court • Fines of up to R 100 000 or imprisonment of 2

years or as determined by the court.

21 Regulations

Health and Hygiene

• Asbestos

• Diving

• Hazardous biological agents

• Environmental regulations for workplaces

• Hazardous chemical substances

• Noise induced hearing loss

• Lead

Electrical and mechanical

• General machinery

• Driven machinery

• Electrical installations

• Electrical machinery

• Certificate of competency

• Pressure equipment

• Lifts, escalators and passenger conveyer

Construction and civil

• Major hazard installation regulations

• Explosives

• Construction

Facilities, General safety Health and safety children at work

General administrative

Health Related regulations

• Hazardous biological agents

• Environmental regulations for workplaces

• Hazardous chemical substances

• Noise induced hearing loss

• Lead and asbestos

• Facilities

New Ergonomics regulations

• Current Status: draft regulations were finalised

by the TC and submitted to the office of the

Chief Inspector for ACOHS discussion.

• Focus of regulations:

– The draft regulations have considered a

program approach which will encompass both

physical and cognitive ergonomics as per

the companies identified needs (To ensure

that the regulations are not tailored made for

specific sectors but cover all sectors of

economic activity)

Amendments

• Hazardous chemical substances

• Lead

• Asbestos

Way forward

• OHS Bill and GAR promulgation

• Finalise OHS regulations

35

Thank You…

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