The Occupational Health and Safety Act No. 85 of 1993 is a fundamental piece of health and safety legislation in South Africa. Its primary objectives are to protect the health and safety of individuals in the workplace and to safeguard those affected by workplace activities.

Duties Imposed by the Act

Duties of Employers

Section 8 of the Act places extensive duties on employers. These include providing a safe working environment without health risks, maintaining systems, procedures, and equipment to ensure safety, and providing information, training, and supervision to employees on health and safety. Employers are also required to identify hazards, assess risks, and implement control measures, report workplace accidents and incidents, and appoint health and safety representatives as needed.

Duties of Employees

Section 14 of the Act outlines responsibilities for employees. These include taking reasonable care of their own and others' health and safety in the workplace, cooperating with the employer's efforts to comply with the Act, wearing and using protective equipment provided, and not interfering with or misusing safety equipment.

Other Important Regulations

The Act has a broad scope, and various regulations provide more detail for specific hazards and industries. These include the Construction Regulations (2014), General Machinery Regulations (1988), Driven Machinery Regulations (1988), Asbestos Regulations (2001), Hazardous Chemical Substances Regulations (1995), and Environmental Regulations for Workplaces (1987).

Advisory Bodies and Enforcement

The Advisory Council for Occupational Health and Safety, established under the Act, advises the Minister of Employment and Labour on policy and legal matters. Department of Employment and Labour Inspectors inspect workplaces to enforce compliance with health and safety legislation. They can issue notices and take legal action for non-compliance.

Penalties for Non-Compliance

Breaches of health and safety obligations are taken very seriously in South African law. Non-compliance with workplace health and safety regulations can result in compliance notices, prohibition notices, substantial financial penalties, and in severe cases of negligence, criminal prosecution leading to imprisonment.

Staying Compliant

To ensure compliance with health and safety laws in South Africa, employers should develop and implement a robust health and safety policy, conduct regular risk assessments, provide employees with training and information, and maintain records of accidents, incidents, and inspections.

Occupational health and safety (OHS) standards in South Africa are in line with international best practices and draw heavily from the International Labour Organization (ILO) conventions. Key pillars include hazard identification and risk assessment, risk control hierarchy, worker participation, and information, training, and supervision. Employers must systematically identify workplace hazards and assess risks to implement control measures. South Africa promotes the hierarchy of controls, which includes elimination, substitution, engineering controls, administrative controls, and personal protective equipment (PPE).

Hazard Identification and Risk Assessment

Employers must systematically identify workplace hazards (physical, chemical, biological, ergonomic, psychosocial) and assess risks to implement control measures. This aligns with the ILO's Occupational Safety and Health Convention, 1981 (No. 155).

Risk Control Hierarchy

South Africa promotes the hierarchy of controls:

1. Elimination
2. Substitution
3. Engineering controls
4. Administrative controls
5. Personal Protective Equipment (PPE)

Worker Participation

OHSA emphasizes worker involvement in health and safety management through health and safety representatives and committees. This aligns with the ILO's Occupational Safety and Health Recommendation (No. 164).

Information, Training, and Supervision

Employers must provide OHS information, instruction, training, and supervision to ensure workers understand hazards and safe work practices, reflecting the ILO's Human Resources Development Convention, 1975 (No. 142).

Industry-Specific Standards

South Africa adopts specific standards for high-risk industries. Some noteworthy examples include mining, construction, and hazardous chemicals. The Mine Health and Safety Act (MHSA) No. 29 of 1996 and associated regulations set stringent standards for mining operations. The Construction Regulations (2014) detail requirements for working at heights, excavation safety, electrical installations, and more. The Hazardous Chemical Substances Regulations (1995) mandate labeling, Safety Data Sheets (SDS), exposure monitoring, and training for workers handling hazardous substances.

Occupational Health Services

South Africa recognizes the importance of preventive and occupational health services. Certain occupations require periodic medical examinations as mandated by specific regulations. Workplaces must have first-aid provisions and trained first-aiders. While not strictly mandated, progressive employers are encouraged to implement health promotion and wellness programs to address issues like HIV/AIDS, substance abuse, and mental health.

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They help identify potential hazards, verify compliance with safety standards, implement preventive measures, and educate workers about safety requirements.

Hazard Identification

Inspections help identify potential hazards that could cause harm. These could be unsafe conditions, equipment, or work practices.

Compliance Verification

Inspections check if the workplace adheres to safety regulations and any internal health and safety standards.

Preventive Action

Inspection findings are crucial for implementing corrective and preventive measures to address hazards and risks before incidents occur.

Awareness and Education

Inspections provide an opportunity for open discussion and reinforce worker understanding of safety requirements.

Types of Inspections

There are several types of inspections:

• Department of Employment and Labour (DEL) Inspections: DEL inspectors have authority to conduct unannounced inspections and issue compliance or prohibition notices if necessary.
• Internal Inspections: Employers should regularly conduct internal safety inspections. These might be informal walkthroughs by supervisors, formal audits, or inspections by safety committees.
• Specialized Inspections: Specific regulations may necessitate specialized inspections conducted by competent persons.

Inspection Criteria

Inspectors use a variety of resources to evaluate workplace conditions. These include the underlying legal framework, approved codes of practice, industry standards, and the employer's health and safety policy.

Inspection Frequency

The frequency of inspections depends on several factors, such as the nature of hazards, regulatory requirements, and incident history.

Follow-up Actions

Inspections are only effective if followed by corrective action. This could involve compliance orders, hazard correction, review of policies and procedures, and worker communication. Inspection findings should be communicated to workers, reinforcing safe practices and highlighting any changes made.

Workplace accidents can have serious consequences, and it's important for employers to understand their responsibilities in these situations. In South Africa, employers are legally obligated to report accidents and incidents in a timely manner. This includes fatal incidents, serious incidents where a person is unable to work for at least 14 days, and less serious incidents as per internal policies.

Reporting Workplace Accidents

Employers must report fatal incidents to an inspector and the police immediately. Serious incidents, where a person is unable to work for at least 14 days, must be reported within 7 days. Less serious incidents may need reporting as per internal policies.

Investigating Workplace Accidents

Investigating the root causes of accidents is essential for preventing future occurrences. Employers have a duty to investigate accidents, identify causes, and implement corrective actions. Investigations may involve witness interviews, equipment examination, procedural reviews, etc. The goal is to establish the causes, not to assign blame.

Compensation Claims

Injured workers or dependents of those fatally injured at work are generally entitled to compensation. Most workers in South Africa are covered, with some exceptions. Compensation may include medical expenses, temporary or permanent disability benefits, pensions for dependents in fatal cases. The employer should submit required forms to the Compensation Commissioner. Employees can submit claims directly if the employer fails to do so.

Key Considerations

Employers must keep records of workplace accidents and investigations. These records are critical if a compensation claim is lodged or if inspectors investigate. Rehabilitation and return-to-work programs for injured employees are encouraged. While compensation is crucial, the primary goal of workplace accident protocols should be prevention by learning from incidents and addressing any systemic health and safety shortcomings.