health and safety representative training legal aspects and ......nioh she and training departments...
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Health and Safety Representative Training
Legal aspects and considerations Dr Graham Chin
Occupational Medicine Practitioner
National Institute for Occupational Health (NIOH)
National Health Laboratory Service (NHLS)
9 March 2021
(With thanks Michelle Morgan, David Jones and Mmashele Kgole)
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Outline • Why Health and Safety Representatives?
• What are the functions of a Health and Safety Representative?
• Basics on how to appoint a Health and Safety Representative?
• OSHA Act
• COVID-19
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Why have Health and Safety
Representatives?
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Occupational Health and Safety Act No. 85 of 1993
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How does a HSR fit into the legal framework of the OHSA?
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What are the functions of a Health and
Safety Representative?
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Section18: Functions of the HSR
Review the effectiveness of health and safety measures
Identify potential hazards and major incidents
Examine the cause of incidents in collaboration with the employer
Investigate complaints by the employee relating to health and safety at work
Make representations to the employer or health and safety committee on general matters affecting the Health or Safety of employees at work
Inspect the workplace with a view to health and safety of employees (Quarterly Safety Inspections)
Participate in consultation with inspectors at the workplace and accompany inspectors on inspections
Attend meetings of the health and safety committee of which he / she is a member
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What are the HSR entitled to do ?
Visit the site of an incident at all reasonable times
Attend any investigation or formal inquiry
If necessary to perform his functions, inspect any document which the
employer is required to keep in terms of the OHS Act
Accompany an inspector on an inspection
Participate in any internal health and safety audit
A HSR shall not incur any civil liability
Section18: Functions of HSR continued.....
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Basics on how to appoint a Health and
Safety Representative?
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Section 17: Health and Safety Representatives (HSR)
Who should have a HSR?
Employers who have more than 20 employees in his employment at any workplace
must appoint a HSR
How many HSR`s should there be?
Shops and offices must have at least 1 representative for every 100 workers
All other workplaces must have at least 1 representative for every 50 workers
However an inspector may order an employer to appoint more
Who is eligible to be a HSR?Full-time workersEmployees familiar with the workplace
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Section 17: HSR Continued...
How must HSR be appointed?
Must be a process to nominate and elect
Consultations within the process are made in good faith
This appointment must be made in writing for a specified period
When must HSR duties be carried out?
All activities in connection with the designation, functions and training of HSRs
shall be performed during ordinary working hours
(includes all reasonable time spent executing HSR duties)
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Within the Health and Safety Structure,
where do HSR communicate and
report? Health and Safety Committees
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Section 19: Health and Safety Committee (HSC)
If there are 2 or more HSR`s, then a HSC needs to be established.
The person nominated by an employer on a committee shall be designated in
writing by the employer for a specific period.
The committee shall hold meetings at least once every 3 months
The committee may co-opt one or more persons as an advisory member, however
the advisory member is not entitled to vote.
An inspector may request an additional number of HSCs for a workplace.
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Section 20: Functions of the HSC
A HSC may make recommendations to the employer regarding any
matter affecting the H&S of persons at the workplace.
If the recommendations are not taken seriously by the employer, the
HSC can escalate to an inspector.
A HSC must discuss any incident at the workplace where a person
was injured, became ill or died.
The HSC may report the incident in writing to an inspector.
The HSC must keep records of recommendations to employers and
inspectors.
A HSC or its members shall not incur any civil liability
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Healthy and Safe working environment
CEO
OHS Department
HS Committee
HS Representative
Management
What should a HSR know?
Occupational Health and Safety Act
(Act No. 85 of 1993)
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Occupational Health and Safety Act (Act 85 of 1993)
The Occupational Health and Safety Act aims to:
Provide for the health and safety of persons at work;
Provide for the health and safety of persons in connection with the use of plant and machinery;
Provide for 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
Application
The Occupational Health and Safety Act applies to all employers and workers but not to :
• mines, mining areas or any mining works (as defined in the Minerals Act);
• load line ships, fishing boats, sealing boats, whaling boats (as defined in the Merchant Shipping
Act)
• floating cranes; whether in or out of the water
• people in or on these areas or vessels.
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What is the main purpose of the OHS Act?• Quod ii legue
As far as reasonably
practical
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Reasonably practicable "Reasonably practicable" means practicable having regard to-
- the severity and scope of the hazard or risk concerned;
- the state of knowledge reasonably available concerning that hazard or risk
and of any means of removing or mitigating that hazard or risk;
- the availability and suitability of means to remove or mitigate that hazard or
risk; and
- the cost of removing or mitigating that hazard or risk in relation to the
benefits deriving there from;
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Important Sections of the OHS Act
The OSH Act gives employers and employees the general guidelines which are
needed in the workplace to protect the employees from occupational hazards and
risks associated with the hazards which may cause them physical or physiological
harm.
Sections of the OHS Act that HSR should be aware of:
7: H&S policy
8: General duties of employers to their employees
9: General duties of employers to persons other than their employees
14: General duties of employees at work
16: Chief executive officer charged with certain duties
17: Health and Safety Representatives (HSR)
18: Functions of HSR
19: Health and Safety Committees (HSC)
20: Functions of HSC
24: Report to inspector regarding certain incidents
25: Report to the chief inspector regarding occupational disease
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Section 7: Health and Safety Policy
The chief inspector may direct any employer to have a written policy
concerning the protection of H&S of his employees at work, description
of the organization and arrangements to review the policy.
An employer should prominently display the policy which must be
signed by the CEO of the company
Advised to print this and prominently display at all workplaces
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Section 8: General duties of employers to their employeesEvery employer shall provide and maintain, as far as reasonably practicable, a working
environment that is safe and without risk to the health of his employees:
The duties include:
Provide systems of work, plant and machinery that are safe;
Eliminate or control any hazard or potential hazard before resorting to personal
protective equipment (PPE);
Establish what hazards are present at the workplace
Take precautionary measures to protect workers from the identified hazards
Provide information, instruction, training and supervision
As far as is reasonably practicable not permit any employee to do any work unless
precautionary measures have been taken;
Take measures to ensure that the requirements of the Act are complied with;
Ensure that work is done under general supervision;
All employees to be informed regarding the scope of their authority
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Section 9: General duties of employers to persons other than their employees
Every employer shall ensure as far as reasonably
practicable, that persons other than those in his
employment, who may be directly affected by his
activities, are not be exposed to hazards to their
health and safety.
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Section 14: General duties of employees at workEvery employee shall at work:
take reasonable care for the health and safety of himself and of other persons
co-operate and comply with OHS instructions form the employer
obey the health and safety rules and procedures laid down by his employer or by
anyone authorized thereto by his employer, in the interest of health or safety;
Report unsafe or unhealthy situations when they become aware of it or as soon as
practicable possible to his employer or to the health and safety representative
Report an OHS incident which may affect health or which has caused an injury to
himself, to the employer, or to his health and safety representative, as soon as
practicable
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Section 16: Chief executive officer charged with certain duties
Every CEO shall ensure as far as is reasonably practicable, that the
duties of his employer are properly discharged
Without derogating from his responsibility the CEO may assign any
duty to any person under his control
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Section 24: Report to inspector regarding certain incidents
Each of the following must be reported by the employer to the inspector:
1. Incidents occurring at work whereby:
any person dies,
becomes unconscious,
suffers a loss of a limb or part of a limb
injured or becomes ill to such a degree that he/she is either going to die
to suffer a permanent physical defect
likely to be unable for a period of at least 14 days to work.
2. Any major incident occurs
3. If the health or safety of any person was endangered where:
a dangerous substance was spilled
uncontrolled release of substance under pressure took place
failed machinery resulted in flying, falling or uncontrolled movement of objects.
Machinery ran out of control
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Section 25: Report to the chief inspector regarding occupational disease
Any medical practitioner who examines or treats a person for a disease described
in the Second Schedule of the Workmen’s Compensation Act,
or any other disease which could arise out of that persons employment
shall within the prescribed period report the case to the person’s employer
and to the Chief inspector
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COVID-19
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Try and stay informed
• Almost 1 year into COVID-19
• New information (COVID-19 Vaccine, new variant (501Y.V2), etc.)
• Somethings stay the same (Precautions –masking, social distancing, etc.)
From NICD Website: https://www.nicd.ac.za/diseases-a-z-index/covid-19/surveillance-reports/national-covid-19-daily-report/
• Risk assessment and plans for
protective measures
• Administrative measures
• Social distancing measures
• Symptom screening
• Sanitizers, disinfectants and washing of
hands
• Cloth masks
• Measures in respect of workplaces to
which public has access
• Ventilation
• Specific personal protective equipment
• Small businesses
• Worker obligations
• No deduction from employees
remuneration
• Monitoring and enforcing
• Sectoral protocols and guidelines
• Amendment of footnotes Annexure A
• Withdrawal of guidelines
• Commencement of Directions
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• HSR play a critical role in ensuring workplaces are kept healthy and safe
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