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INTRA-TRAIN South Africa © 2009-2011 - Reproduction for Resale Strictly Prohibited www.safetyhealthtraining.com 1

OCCUPATIONAL HEALTH, SAFETY FIRST-AID & FIRE TRAINER’S KITS

www.safetyhealthtraining.com

Welcome to

ACTRAC OVERVIEW OF OHS ACT


• 1941 Factories Act• 1941 WC Act• 1983 MOS Act & Regs.• 1993 OH& S Act & Regs.

Development of H&S Legislation in SA


Structure of the Law

OH&S Act 85/93as amended

Regulations& Drafts

Standards

OH&S Act 85/93as amended

Regulations& Drafts

Standards


Regulations

Asbestos RegulationsApplicable to every employer and self-employed person who carries out work at a workplace that

may expose any person to asbestos dust at that workplace.

Certificate of Competency Applicable to those applying for and obtaining a Certificate of Competency for mechanical

engineering.

Construction RegulationsApplicable to any persons involved in construction work.

Diving Regulations Applicable all involved in professional diving activities.

Driven Machinery Regulations Applicable to all aspects concerning driven machinery at the workplace.

Electrical Installation Regulations Applicable to users or lessors, approved inspection authorities for electrical installations, registered

persons, electrical contractors, suppliers, designers and to suppliers of materials and other electrical articles or parts thereof whether temporary, permanent, or in a stationary or mobile state and installation.


Regulations

Electrical Machinery RegulationsApplicable to all electrical machinery.

Environmental Regulation For WorkplacesApplicable to the requirements pertaining to noise, lighting, heat within a working environment.

Explosives Regulation Applicable to any employer, self-employed person or user who operates an explosives workplace for the purpose of manufacturing, testing, storing or using explosives.

Facilities Regulations Applicable to the facilities that must be provided by employers at the workplace for workers, to improve working conditions for all.

General Administrative Regulations Applicable to the administrative procedure of the Occupational Health and Safety Act.


Regulations

General Machinery RegulationsApplicable to the safeguarding, use, supervision and reposting of incident relating to machinery.

General Safety Regulations Applicable to the general safety of workers at the workplace.

Hazardous Biological AgentsApplicable to all aspects of working with hazardous biological agents.

Hazardous Chemical Substances Applicable to an employer or a self employed person who carries out work at a workplace which may expose any person to the intake of an

HCS at the workplace.

Lead RegulationsApplicable to every employer and self-employed person at a workplace where lead is produced, processed, used, handled or stored in a

form in which it can be inhaled, ingested or absorbed by any person in that workplace.


Regulations

Lead RegulationsApplicable to every employer and self-employed person at a workplace where lead is produced,

processed, used, handled or stored in a form in which it can be inhaled, ingested or absorbed by any person in that workplace.

Lift Escalator And Passenger Conveyor Regulations

Applicable to lift escalators and passenger conveyors.

Major Hazard InstallationApplicable to major hazard installation.

Noise Induced Hearing LossApplicable to noise induced hearing loss at the workplace.

Vessels Under Pressure RegulationsApplicable to boilers and vessels under pressure.


Principles

• Self Regulatory legislation• CEO assumes total accountability• CEO to ensure compliance with the law• Immediate report of incidents compulsory• Guilty until proven innocent - vicarious

liability• Documentary evidence - archived until

needed


The Reasonable Man (Diligens Pater Familias)

Reasonable Man Test• Would the reasonable man placed in the

position of the defendant have foreseen the possibility of causing harm or loss?

• Would the reasonable man have taken steps to guard against the harm or loss?

• Did the defendant take such steps?


Vicarious LiabilitySection 37

The employer must prove he met points 1 - 3,if his employee or contractor has committed an offence.

If he can’tit is presumed the employer committed the offence!

The employer must prove he met points 1 - 3,if his employee or contractor has committed an offence.

If he can’tit is presumed the employer committed the offence!

THE PROOF:1 the act was without his connivance or permission2 the act was not within the scope of authority of the employee3 all reasonable preventive steps were taken by the employer

THE PROOF:1 the act was without his connivance or permission2 the act was not within the scope of authority of the employee3 all reasonable preventive steps were taken by the employer


Principle of Relationships

Non-Employee

Mandatary / Contractors Public

CEO

Employees


H&S Management System

H&S CommitteeH&S Committee

CEO


Organisational Structure

C.E.O.(Sect. 16(1))

C.E.O.(Sect. 16(1))

RISK MANAGER/SAFETY OFFICER.

Advisory role

RISK MANAGER/SAFETY OFFICER.

Advisory role

ASSIGNED SECTION HEAD

Sect. 16(2)

ASSIGNED SECTION HEAD

Sect. 16(2)

ASSIGNED MANAGERSect. 16(2)

ASSIGNED MANAGERSect. 16(2)

MANAGEMENTNOMINEE

(Sect. 19(3))ASSIGNED

DUTIESI.E.

Inspections,Supervisor of

machinery, etc.

MANAGEMENTNOMINEE

(Sect. 19(3))ASSIGNED

DUTIESI.E.

Inspections,Supervisor of

machinery, etc.

H&S REPS(Sect. 17(1))

with optional functions

H&S REPS(Sect. 17(1))

with optional functions

ASSIGNED SUPERVISOR(Sect. 16(2))

ASSIGNED SUPERVISOR(Sect. 16(2))

EMPLOYER, USERCompany, CC, Partnership, Municipality, etc

EMPLOYER, USERCompany, CC, Partnership, Municipality, etc

ASSIGNED MANAGER

(Sect. 16(2))

ASSIGNED MANAGER

(Sect. 16(2))

EMPLOYEESEMPLOYEES

SAFETY COMMITTEEManagement Nominees

H&S RepsAdvisory members

Sect. 19(2)

SAFETY COMMITTEEManagement Nominees

H&S RepsAdvisory members

Sect. 19(2)


Focus On Occupational Safety

Impact

Shock

Contact

Burn

Physical, Mechanical, Electrical, Chemical


Focus on Occupational Health

Biological, Ergonomical, Chemical, Physiological, Psychological

Inhalation

Absorption

Ingestion

Stress / Strains


Focus on Training

Employer to inform, instruct and train• All “Employees” exposed to

dangers, hazards and risks• General Supervision

• Health & Safety Reps


Focus on Collective Consultation

• Consultation in good faith• Negotiation vs. Consultation

• Between employer and employee• Moves H&S squarely into IR world


Focus on Administration

• Rules, procedures, standards, etc• Contracts and agreements• Committee constitution• Health & safety policy• Conditions of service• Appointment forms• Proof of evidence• Etc., etc.


Purpose of the Act

Provide for the health and safety of:persons at work persons in connection with the use of plant and machinery;

The protection of persons other than persons at work againsthazards to health and safety arising out of or in connection with the activities of persons at work;

Establish an advisory council for occupational health and safety; and

Provide for matters connected therewith.”


Important Sections

1 Definitions

8 Duties: employer to employee

9 Duties: employer to non-employee

10 Duties: manufacturers, etc: things use at work

11 Listed work

12 Duties: employer re: Occupational Health

13 Duty: to inform


Important Sections

14 Duties employee

15 Duty not to interfere

16 Duties CEO

17 Health & Safety Reps System

18 Functions H&S Rep

19 H&S Committees System

20 Functions H&S Committee


Important Sections

22 Sale of certain articles

23 Certain deductions prohibited

24 Reports: certain incidents

25 Reports: occupational diseases

29 Functions: Inspectors

37 Acts & omissions

38 Offences & penalties

41 This Act not affected by agreements


Biological Monitoring

a planned programmeof periodic

collection and analysis of body fluid, tissues, excreta or exhaled air

in order to

detect exposure to or absorptionof any substance or organism

by persons


Danger

“anything whichmay

cause injury or damage to persons or property”Acid


Employee

• any person who is employed by or • works for an employer and • who receives or is entitled to receive any

remuneration or • who works under the direction or

supervision of an employer or any other person”.


Employer

• any person who employs or • provides work for any person and • remunerates that person or • expressly or tacitly undertakes to

remunerate him• but excludes a labour broker as defined in

the Labour Relations Act, 1956


Hazard

“a source ofor

exposure to danger”Acid


Healthy

“free”from illness or injury

attributable to occupational causes


Inspection Authority

means any person who with the aid of • specialized knowledge or equipment

or after such • investigations, tests, sampling or analyses

as he may consider necessary, and whether for reward or otherwise, renders a service by

• making special findings, purporting to be

• objective findings:


Inspection Authority

means any person who makes objectives finding re:

(a) the health of any person;(b) the safety or risk to health

of any work, article, substance, plant or machinery, or of any condition prevalent on or in any premises; or

(c) whether or not any particular standard has been or is being complied withrespect to any work, article, substance, plant or machinery, or with respect to work or a condition prevalent on or in any premises or with respect to any other matter, and by issuing a certificate, stating such findings, to the person to whom the service is rendered


Machinery

• means any article or • combination of articles • assembled, arranged or connected and • which is used or intended to be used • for converting any form of energy to

performing work, or • which is used or intended to be used, • whether incidental thereto or not, • for developing, receiving, storing,

containing, confining, transforming, transmitting, transferring or controlling any form of energy


Mandatary

• includes an agent,• a contractor or a subcontractor for work, • without derogating from his status in his

own right as an employer or a user. • This is someone who has been “mandated”

to perform work.


Medical Surveillance

a planned programmeof periodic examination(which may include clinical examinations, biological monitoring or

medical tests) of employees by anoccupational health practitioner or, in prescribed cases byan occupational medicine practitioner


Occupational Health

IncludesOccupational hygiene,

Occupational medicine and Biological monitoring


Occupational Hygienethe

anticipation,recognition,

evaluation andcontrol

of conditions arising in or from the workplace

which may cause

illness or adverse health effects to persons


Occupational Medicine

the

prevention,diagnosis and

treatment

of illness, injury and adverse health effectsassociated with a particular type of work


Risk

“the probability thatinjury or damage will occur”

Acid


Safe

“free”from any hazard


Health & Safety CouncilSection 2,3,4,5,6

6 x Trade Union Reps 6 x Employer Reps

1 x Safety Expert 1 x Dept Nat. Health & Welfare

1 x Health Expert 1 x Dept Mineral & Energy Affairs

1 x Hygiene Expert 1 x Dept Labour

1 x COID Rep 1 x Chief Inspector


Technical CommitteesSection 6

THE PURPOSE:to advise the Council on technical matters


Health & Safety PolicySection 7

the employer must: 1 when directed by the Chief Inspector:

prepare a written policy re: – health & safety employees at work,– the description of his organisation– arrangements for carrying out & reviewing the policy

2 guidelines from Chief Inspector

3 sign and display the policy at the workplace


Employers Duties Re:Employees

Section 8

Every employer shall: provide & maintain safe / health risk free: 1 working environment 2 a systems of work, plant & machinery take steps to: 2 b mitigate hazards & potential then

issue PPE make arrangements re: 2 c safety / absence or risks re: produce,

process, use, handle, store or transport or articles or substances


Employer shall: establish: 2 d hazards attached to work performed

– article or substance produced, processed, used, handled, stored or transported– any plant or machinery used– precautionary measure to be taken

+ provide:

the necessary means to apply such measure.

2 e information, instruction, training and supervision


Section 8


Risk Profile

DANGERHEALTH

SAFETY

DANGERHEALTH

SAFETY

HAZARDHAZARD

RISKSRISKS

PPEPPE

TRAINTRAIN

REMARKSREMARKS


Employer shall: not permit:

2 f any employee to do any work, produce, process, use, handle, store, transport

any article or substance unless precautionary measures are taken

ensure: 2 g necessary measures are complied with by

everyone

enforce: 2 h the necessary measures


Section 8


Employer shall: ensure: 2 i work is performed, plant and machinery is used

under general supervision of a person who has been:

» trained to understand the hazards and» authorised to ensure measures are

implemented

cause: 2 j all employees to be informed of scope of

authority.


Section 8


Analyse your Health Hazards

Chemical Dust

Fatigue Fumes

Gases Lighting

Mist Noise

Radiation Smoke

Stress Temperature

Vapour Vibration


Analyse your Safety Hazards

Chemical Electricity

Explosions Fires

Housekeeping Mechanical devices

Pressure vessels Production Machinery

Tools Transportation

Other?


GENERAL DUTIES

Employers & Self Employed re: Non-employee

Section 9

1 EMPLOYER to ensure:that non-employees

2 SELF-EMPLOYED to ensure:that he & others

affected by his activities are not exposed to

health & safety hazards


GENERAL DUTIES

Manufacturers & Others Re: Articles for use at Work

Section 10

1 designers, manufactures, importers, sellers & suppliers of any article shall ensure:

– the article is safe / without risk when properly used– that it complies with all prescribed requirements

2 installers & erectors shall ensure:– it is free from risk when properly used


GENERAL DUTIES

Manufacturers & Others Re: Articles for use at Work

Section 10

3 the person/s in 1 shall ensure:– the substance is safe & w/o risks when properly used– information is available re risks, conditions and

procedures

4 Undertaking by 2nd party relieves 1st party of duty


Listed WorkSection 11

THE MINISTER:

1 may declare any work to be listed work

2 a shall publish intentions & invite

comment

2 b shall allow min. 3 months for comment

3 a 2 b does not apply to amendments

3 b may if in public interest declare w/o

delay


General Duties

Employers Re: Listed WorkSection 12

1 If employees undertake or are exposed to hazards from listed work then,

after consultation with the committee

a IDENTIFY hazards, evaluate the risks, steps to be taken b PREVENT exposure to hazard, if not possible, minimise exposure


General Duties

Employers Re: Listed WorkSection 12

c CARRY OUT where appropriate: occupational hygiene programme biological monitoring subject employees to medical

surveillance

2 INFORM H&S Reps of action & results of action taken (Medical results not included, except with written consent)


Duty to Inform EmployeesSection 13

EVERY EMPLOYER SHALL:(a) cause every employee to be made

conversant with• the hazards to his health & safety attached to any work he

has to perform, • any article or substance he has to produce, process, use,

handle, store, or transport• any plant or machinery • he is required or permitted to use

as well as precautions to be taken or observed


Duty to Inform H&S Reps Section 13

EVERY EMPLOYER SHALL:(b) inform H&S Reps concerned beforehand

of:• inspections, investigations and formal inquiries by an inspector and • applications for exemptions made by him

(c) inform the H&S Rep ASAP of the occurrence of an incident in his

workplace


General Duties Employee at Work

Section 14

a take care of himself and others who may be affected by his acts or omissions

b co-operate with his employer i.r.o. the Actc carry out lawful orders, obey health & safety rules & proceduresd report unsafe & unhealthy situations to: his HAS Rep or employer ASAP.e report any incident which: may affect his health caused an injury to himself, within his shift

or ASAP


Duty not to Interfere with or Misuse Things

Section 15

No person shall:intentionally or recklesslyinterfere with damage or

misuse anything provided inthe interests of health or safety

by order


General Duties Chief Executive Officer

Section 16

1 to ensure “duties of the employer” are discharged

2 may assign any duty in Sub Sect 1. to any person under his control. (This person to act subject to directions & control of CEO)

3 Sub Sect 1 does not relieve an employer of responsibility or liability

4 Head of State Department is the CEO


Health & Safety RepsSection 17

THE EMPLOYER SHALL:1 Designate H&S Reps in writing, within 4 months, when 21 plus employees at any workplace, for a

specific period, section or workplace

2 Consult in good faith with employees recognised by him or where there are no such reps directly with the Employeesarrangements, procedures for nomination or election, periods, designation of H&S Reps. (if consultation fails - arbitration by mutually agreed on person.

3 Arbitration not subject to Arbitration Act. Failure to consult is not a dispute in terms of that Act


Health & Safety RepsSection 17

4 Only full-time employeesacquainted with workplace and work shall be eligible

5 Ratio:Shops & offices: 1 H&S Rep for 100 employees (or part)

Other workplaces: 1 H&S Rep for 50 employees (or part)

7 Activities:to be performed during working hoursare to be deemed part of his normal duties


Profile of a H&S Rep

• The right attitude• Full time employee• Willing to be trained• Assertive communicator• Committed to the H&S cause• Interested in the H&S of others• Acquainted with work & workplace


Functions of H&S RepsSection 18

1 A H&S Representative may:

a REVIEW the effectiveness of the H&S measures

b IDENTIFY potential hazards and major incidents

c EXAMINE in collaboration with his employer, the causes of incidents

d INVESTIGATE employees H&S complaint

e MAKE REPRESENTATIONS re: a,b,c & d to employer or committee. Where unsuccessful,

to an inspector



f MAKE REPRESENTATIONS on general H&S matters

g INSPECT the workplace, articles, plant, etc.

• at agreed upon intervals

• shall give notice of intentions to employer

• Employer may be present

h PARTICIPATE in consultations with, and accompany inspectors

i INFORMATION from inspectors

j ATTEND H&S committee meetings



2 H&S Reps shall be entitled to i.r.o. their designated workplaces:

a VISIT sites of incidents at all reasonable times and attend inspections in loco

b ATTEND any investigation or formal inquiry c INSPECT any H&S document d ACCOMPANY an inspector on any inspection e ACCOMPANIED by an approved technical

advisor on any inspection (with approval) f PARTICIPATE in any internal H&S audit



3 An employer shall provide:

• assistance, facilities & training as may be required

• as have been mutually agreed upon

• for the carrying out of his functions

4 An H&S Rep shall not incur any civil liability

by reason only that he failed to do anything which he may do, or is required to do in terms of this Act.


Health & Safety Committees

Section 19

1 ESTABLISH a committee if 2 or more H&S reps CONSULT with the committee at every meetingre: initiating, developing, promoting, maintaining & reviewing H&S measures

2 DETERMINE the number of members a if 1 Committee then all H&S Reps to serve on it b if 2 Committees then H&S Rep is to serve on 1 c never more employer nominees than H&S Reps



Section 19

3 all members to be designated in writing for stipulated period

4 meet as often as needed; at least 3 monthly

if 10% of staff request in writing, then inspector may direct

that a meeting be held

5 meeting procedures established by committee

6 a Committee may co-opt advisory members

b Advisory members may not vote



Section 19

Designated H&S Reps Management Employer Nominees Advisory member Designated members Other?


Functions of H&S Committees

Section 20

1 (a) may make recommendations to employer if this fails, then to inspector

(b) shall table and discuss incidents at work where person was injured,

became ill or died

(c) shall perform prescribed functions

2 shall keep records recommendations made to employer & reports made to inspector

4 employer to ensure H&S committee complies


General ProhibitionsSection 21

THE MINISTER MAY DECLARE:1 that no employer shall require or permit: specified employees to work on or in premises , or to work, unless carried out as specified, if it is a

a specified activity b specified process c specified article or substance

if in his opinion it is likely to threaten their H&S

2 publish a draft notice in the G.G. for comment5 Notices i.t.o. MOS Act shall remain in force


Sale of Certain ArticlesProhibited

Section 22

subject to provision of Sect 10 (4)

if any H&S requirement i.r.o. any article, substance, plant, machinery or H&S equipment.

has been prescribed no person may sell it unless it complies


Certain Deductions Prohibited

Section 23

THE EMPLOYER MAY NOTDeduct or permit any deduction or payment

from or by an employeefor anything that must

be done or provided in the interest of H&S!


Report Certain IncidentsSection 24

1 in each work related incident in which a any person, (inc. non-employee) dies,

becomes unconscious, loses a part or a limb or

is injured, becomes ill and is likely to die or suffers permanent disability or unable to work for 14+ days or continue with the activity he was busy

with



b a major incident occurred

c the H&S of any person was endangered (i) dangerous substance was spilled, (ii) uncontrolled release of any substance

under pressure



(iii) machinery or part fractured or failed, resulting in a flying, falling or uncontrolled moving object

(iv) machinery ran out of control

Employer or User shall report:in prescribed manner & period


Disturbing Incident SiteSection 24 Cont.

2 if a person died, is likely to die or lost a limb

then the site is not to be disturbed no article or substance is to be removed without consent of inspector

except to: prevent further incident, remove injured or dead or rescue persons from danger

3 n/a to accidents in private house, car or aircraft. (Report to SAP)


Report of Occupational Diseases

Section 25

any medical practitioner who• examines or treats a person for a disease described in

the 2nd schedule of the COID Act or any other disease• which he believes arose out of that persons

employment• shall report the case in the prescribed period and

manner to the person’s employer and the Chief Inspector and inform that person accordingly


Victimisation ForbiddenSection 26

NO EMPLOYER SHALL:1 victimise, etc., an employee for

giving info. to the Minister or any other

authorised

person giving evidence before a court

complying with the law

refusing to do anything prohibited by the law

2 unfairly dismiss an employee, reduce his rate or position because of a report i.t.o. Sect 12 (2) or 25


Designation & Functions of Chief Inspector

Section 27


Functions of InspectorsSection 29

1 (a) without previous notice, at all reasonable times enter any premises

(b) question any person alone or with another

(c) require books, documents or records

(d) examine / copy books, documents or records

(e) require an explanation

(f) inspect / remove articles, substances, etc.


Functions of InspectorsSection 29

g seize books, articles and evidence

(Employer may make copies before the seizure)

h direct people to appear and question them

2 interpreters & assistants to be “inspectors”

3 facilities to be provided by employer

4 issue of receipt for items seized


Special Powers of Inspectors

Section 30

PROHIBIT1 a employer from permitting or requiring certain

act b user from using certain machinery c employer from permitting excessive exposure d prohibition may be revoked in writing

2 Block, bar, barricade or fence off that part no person to interfere with such measures3 directives if threat exists and steps are not taken4 direct an employer or user to comply6 employer to notify H&S Reps and employees of a

prohibition, directive or notice.


Investigations By Inspectors

Section 31

FORMAL INQUIRIES Section 32

JOINT INQUIRIES Section 33


Obstruction of Investigation, Inquiry, Presiding Inspector

Fail To Render AssistanceSection 34

NO PERSON SHALL:a fail to comply with lawful direction, etc.b refuse to answer questions (not incriminating)c advise, incite, etc., others not to complyd refuse or fail to provide assistancee refuse or fail to attendf insult presiding inspector / interrupt

proceeding


Appeal Against DecisionsSection 35

ANY PERSON MAY:

1 appeal to Chief Inspector

2 appeal within 60 days in writing

3 appeal to Industrial court if aggrieved

4 appeal within 60 days in writing

5 appeal shall suspend a prohibition


Disclosure of InformationSection 36

NO PERSON:functioning i.t.o. this Act shall disclose info

except a for proper administration of this Act b for purpose of administration of justice c specific H&S matters at work or at the request of the H&S Reps or

committee


Acts or Omissions by Employees And Mandataries

Section 37

VICARIOUS LIABILITY1 when an employee does or fails to do something

that would be an offence

if an employer or user, did or failed to do it, then unless he proves the criteria was complied with, it is presumed he did or failed to the act

a the act was without connivance or permission b the act was not within the scope of authority c all reasonable prevention steps were taken


Acts or Omissions by Employees and Mandataries

Section 37

NOTE: issue of instruction is not enough!2 This applies to mandataries of the employer or user

unless parties have agreed in writing re: mandatary to comply

3 employees and mandataries shall also be liable4 state employees and mandataries shall also be liable5 all parties may be liable6 orders against employees & mandataries i.t.o. Sect

23 to be against employer or user


Offences, Penalties & Special Orders of Court

Section 38

GENERAL OFFENCES

R50,000.00or 12 months or both

OFFENCES WHERE:an employer commits or omits and causes a negligent injury which would have

been culpable homicide had the person died

R100,000.00or 24 months or both


Proof of Certain FactsSection 39

1 Presumption as employee2 Proof of age3 Documentary evidence4 Wilful falsification5 a Sale of machinery5 b Approved authority reports6 Text of H&S standards7 H&S Committee records


ExemptionsSection 40

THE MINISTER MAY EXEMPT:1 the employer on condition and for

period from any or all provisions of the Act

2 back date to date of application3 a “Certificate of Exemption” b or in the government gazette G.G.4 certificates can be amended or

withdrawn5 exemptions can lapse6 MOS Act exemptions are valid


Not Affected by Agreements

Section 41

10 (4) purchaser relieves designer, etc., of his duties

37 (2) agreement re: compliance by mandatary

“This Act, a notice, or a condition of exemption cannot be nullified by any agreement, except as allowed for by the Act itself.”


Delegation & Assignmentof Functions

Section 42

RegulationsSection 43


Incorporation of H&S Standards

Section 44


Serving of NoticesSection 45

Jurisdiction of CourtsSection 46

State BoundSection 47


Conflict of ProvisionsSection 48

Repeal of LawsSection 49

Short title & Commencement Section 50

intra-train south africa © 2009-2011 - reproduction for resale strictly prohibited 1 occupational...

Documents

lead regulations applicable

diving regulations applicable

workplaces applicable

intratrain south africa

hearing loss applicable

explosives workplace

selfemployed person

safety act