The Occupational Health and Safety Act, 1993 *, requires the employer to bring about and maintain, as far as reasonably practicable, a work environment that is safe and without risk to the health of the workers. This means that the employer must ensure that the workplace is free of hazardous substances, such as:
..that may cause injury, damage or disease.
Where this is not possible, the employer must inform workers of these dangers, how they may be prevented, and how to work safely and provide other protective measures for a safe workplace.
The Act, known as the Occupational Health and Safety Act, 1993 (Act 85, 1993 *) consists of 50 sections approved by Parliament. The purpose of the Act is to provide for the health and safety of people at work or about the use of plant and machinery. It further provides for the protection of people other than people at work from hazards arising out of or regarding the activities of people at work. * ref Media Production Unit ( J DE Wet) Chief Directorate of Communication , Department of Labour.
“In order to ensure the health and safety of the workers provincial offices has been established in all provinces’’
The Occupational Health and Safety Act is administered by the Chief Directorate of Occupational Health and Safety of the Department of Labour *. To ensure the health and safety of workers, provincial offices have been established in all the provinces.
Inspections are usually planned on the basis of accident statistics, the presence of hazardous substances, such as the use of benzene in laundries, or the use of dangerous machinery in the workplace. Unplanned inspections, on the other hand, usually arise from requests or complaints by workers, employers, or members of the public. These complaints or requests are treated:
If a provision of a regulation is contravened, the inspector may serve a contravention notice on the workers or the employer. A contravention of the Act can result in immediate prosecution, but in the case of a contravention of a regulation, the employer may be given the opportunity to correct the contravention within a time limit specified in the notice which is usually 60 days.
The employer must provide and maintain all the equipment that is necessary to do the work, and all the systems according to which work must be done, in a condition that will not affect the health and safety of workers.
The employer must take measures to protect his or her workers health and safety against hazards that my result from production, processing, use, handling, storage or handling or transportation of articles or substance. To ensure these duties are complied with, the employer must:
They are full-time workers nominated or elected and designated in writing by the employer after the employer and workers consulted one another and reached an agreement about who will be health and safety representatives.
One health and safety representative must be designated for every workplace consisting of 20 or more workers. Therefore, where only 19 workers are employed, it is not necessary to designate a representative.
Depending on circumstances, an inspector may require the designation of more representatives, even in the
case where the number of workers is less than 20. For example, the layout of a plant may be of such a nature that
the designation of only one representative for 50 workers is insufficient.
Written By Mahlodi Magane