28 February 2025
Employers are required by the Occupational Health and Safety Act number 85 of 1993 (“the OHSA”) to create and maintain and workplace free from hazards to employees’ health to the extent that this is reasonably practicable. This implies that the employer is responsible for making sure the workplace is free of potentially harmful materials, machinery, procedures, and other items that could result in harm, damage, or illness. If this is not feasible, the employer must provide appropriate safeguards for a safe workplace and educate employees about these risks, how to avoid them, and safe work practices.
However, employers are not expected to assume full responsibility for health and safety. The Act is founded on the idea that employers and employees must communicate and work together to solve workplace hazards. Workplace health and safety must be a shared responsibility between the business and employees. All parties must proactively identify risks and create control mechanisms to make the workplace safe.
Employers and employees participate in a system whereby health and safety representatives conduct routine workplace inspections and report their findings to a health and safety committee, which may make recommendations to the company. To ensure that this system works, every worker must know his or her rights and duties as contained in the OHSA.
General Duties of Employers towards Workers:
The employer must provide and maintain all the equipment 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. Before personal protective equipment may be used, the employer must try to remove or reduce any danger to the health and safety of his workers. To ensure that these duties are complied with, the employer must:
- Identify potential hazards that may be present while work is being done and any equipment is being used.
- Establish the precautionary measures necessary to protect workers against the identified hazards and provide the means to implement these precautionary measures.
- Provide the necessary information, instructions, training, and supervision while considering the extent of workers’ competence.
- Not permit anyone to carry on with any task unless the necessary precautionary measures have been taken.
- Take steps to ensure that every person under their control complies with the requirements of the Act.
- Enforce the necessary control measures in the interest of health and safety.
- See to it that the work being done and the equipment used are under the general supervision of a worker trained to understand the hazards associated with the work.
- Such a worker must ensure that the precautionary measures are implemented and maintained.
Rights of the worker. The Occupational Health and Safety Act has extended workers’ rights to include the right to information. The worker must have access to:
- The Occupational Health and Safety Act and Regulations.
- Health and Safety Rules and Procedures in the Workplace.
- Health and safety standards which the employer must keep at the workplace.
The worker may request the employer to inform them about:
- Health and safety hazards in the workplace
- The precautionary measures which must be taken
- The procedures must be followed if a worker is exposed to hazardous substances.
Imminent Amendments to OHSA & Regulations Being Discussed at OHSAC
This council is established under the OHSA in South Africa. The council’s primary role is to advise the Minister of Employment and Labour on matters related to occupational health and safety, including the formulation and implementation of policies and regulations to ensure a safe working environment for all South Africans.
The proposed amendments to OHSA and its Regulations are intended to:
Strengthen worker safety: The bill seeks to enhance existing provisions to better protect the health and safety of workers, including those working on plants and machinery. Sections of the current OHSA refers to “reasonably practicable” where an employer will be compelled to provide that a workplace shall be kept a safe and healthy environment in the workplace. The operative word “must” will replace the word reasonably practicable.
Expand safety measures: The amendments aim to improve the protection of everyone, not just workers, from potential workplace hazards.
Enhance OHS Advisory Council: The proposed changes will aim to improve the control and effectiveness of the Occupational Health and Safety Advisory Council (OHSAC) as well.
UASA is a member of the union federation known as FEDUSA. FEDUSA has a representative on the OHSAC. UASA members’ safety rights are being strengthened as a result of such representation.
Ref: www.labourguide.co.za www.uasa.org.za