LAWS GOVERNING HEALTH AND SAFETY IN THE WORKPLACE
Various Acts govern Health and Safety in the South African workplaces. These include the following:
- The Minerals Act,
- The Mines Health and Safety Act.
- The Merchants Shipping Act.
- The Occupational Health and Safety Act.
- The Compensation of Occupational Injuries & Diseases Act.
We are going to concentrate on the following two Acts:
- The Occupational Health & Safety Act.
- The Compensation for Occupational Injuries & Diseases Act.
WHO IS GOVERNED BY THESE ACTS
All employers. This includes closed corporations and self-employed persons, Institutions i.e. Hospitals, Colleges, Technicon’s and Universities. Any person as defined as an employer in terms of this Act.
PURPOSE OF THESE ACTS
OCCUPATIONAL HEALTH AND SAFETY ACT
The OHSA act replaced the old MOSA act in January 1993 and was implemented create healthier and safer working environments for all employees in this country. Like the criminal Law, employers and employees contravening this act could be fined or jailed.
EMPLOYEES RIGHTS IN TERMS OF THE OHS ACT
- You have the right to a workplace that is healthy; safe and hazard free. You have the right to training in tasks that may affect you! Health or injury you.
- You have the right to a Health and Safety Representative to look after your interest.
- You have the right to be informed of hazards in your workplace.
- You have the right to refuse work if the employer breaks the law. You have the right to free personal protective equipment and clothing if required
- You have the right to protection from victimization.
DUTIES OF EMPLOYEES IN TERMS OF THE ACT
- Every employee is responsible for his own safety
- Your actions is not to endanger the health and safety of others
- You must obey all lawful orders, rules and procedures.
- You must co-operate with your employer to ensure compliance with the Act. You must report any hazard (that could affect your health and safety. You must report accidents and injuries immediately.
DUTIES OF EMPLOYERS IN TERMS OF THE ACT
- Must inform employees of any health or safety hazards in the workplace. Consult with Health & Safety Representative on related matters
- Keep record of all incidents, suggestions and actions. Act on reports of unsafe conditions and behavior Eliminate and/or control hazards.
- Medical examinations for exposure to certain hazards
COMPENSATION FOR OCCUPATIONAL INJURIES & DISEASES ACT
In terms of legislation all employees must be ensured against occupational illnesses, diseases, injuries and death. The most cost effective insurance is the Compensation Fund. Contributions to fund are calculated according to the type of industry, it sometimes varies from company to company depending on the number of claims submitted.
The C.O.I.D Act ensures that all employees are financially insured against illness and injury in the workplace arising during the course of their normal duties. Even if employers are not covered by the fund. This fund pays the following: –
- All medical cost expenses
- 75% of salary whilst disable and unfit for normal work
- Rehabilitation cost
- Compensation (In the case of permanent disablement)
NB: FROM THE ABOVE ACTS MUST ALWAYS BE AVAILABLE
ACCIDENTS AND INCIDENTS
WHAT IS AN ACCIDENT OR INCIDENT
It is an undesired, unplanned event caused by unsafe acts or conditions that has the potential for, or could result in physical harm to people or damage to property and or equipment
WHY DO ACCIDENTS AND / OR INCIDENTS HAPPEN
Statistics have shown us that accidents in the workplace occur within the first six (6) months of a new employee’s service. During this period employees are still raw and are not yet familiar with all the procedures in the workplace. After the initial six (6) months period accidents tend to taper down drastically. It is actually very alarming that after a period of approximately eighteen (18) months accidents start escalating again. This is largely due to people becoming over familiar with operations and procedures and start taking shortcuts.
CAUSES OF ACCIDENTS AND / OR INCIDENTS
88% of all accidents are caused by unsafe acts (Caused by people).
10% of all accidents are caused by unsafe conditions. (Created by people)
2% of all accidents are due to providence and cannot be prevented.
From the above it is very obvious that 98% of all accidents are caused by people and can be prevented.
WHY DO WE INVESTIGATE ACCIDENTS
Accidents are investigated to prevent similar accidents and’/ or incidents from happening again. We should always look for real facts and not look for somebody or persons to blame. Make accident investigation a fact-finding and not a faultfinding mission.
BASIC CAUSES OF ACCIDENTS AND / OR INCIDENTS
Listed below are just a few of the reasons why accidents and / or incidents occur in the workplace.’
UNSAFE ACTS (HUMAN ELEMENT)
- Horseplay
- Working at unsafe speed
- Taking Chances
- Working on unguarded moving machinery and equipment
- Working without permission or authority
- Not wearing prescribed personal protective equipment and clothing
UNSAFE CONDITIONS (CAUSED BY PEOPLE)
- Using damaged or unsafe tools and equipment
- Open or unguarded manholes
- Broken or defective ladders
- Missing machine guards
- Bad lighting, poor housekeeping
DEFINITION OF GOOD HOUSEKEEPING
Everything in its place and a place for everything ALWAYS
HOW DO WE PREVENT ACCIDENTS
It is common knowledge that humans, although aware of hazards sometimes tend to look the other way and wait for something to happen first before implementing corrective action. People unfortunately still believe it cannot happen to “me”
Serious accidents could have a major financial impact on any company and in the past have even lead to businesses closing down. Due to more stringent Legislation it is thus very good business sense and wise to prevent accidents before they happen.
The easiest and most effective way to prevent accidents is as follows:
Education and training
Continually train employees in new procedures and techniques
Employment practice
Good employment practices — the right man for the right job
Engineering revision
Continually revise and improve mechanical safety
Example setting
Set examples — practice what you preach
Enthusiasm
Be enthusiastic in your whole approach towards safety
Evaluation
Continually evaluate and measure yourself against your own standards
Enforcement
Disciplinary action should always be the last option
ACCIDENT AND INCIDENT REPORTING
WHY DO WE REPORT INJURIES IMMEDIATELY
- Any minor injury could develop complications after a certain period of time, should this happen and the injury was not reported, the injured employee would not be entitled to any compensation.
- Should you injure yourself just before going home, report it immediately.
- If you only report it the following day, chances are good that your employer might not believe you.
REPORTING OF CERTAIN ACCIDENTS AND INCIDENTS TO THE INSPECTOR FROM THE DEPARTMENT OF LABOUR
In terms of Legislation, certain incidents and accidents must be reported to the Inspector from the Department of Labor immediately.
- Any accidents where a person dies or is likely to die due to the extent of his me her injuries.
- Where a person loses a limb or part of a limb.
- If a person is injured to the extent where he / she is unlikely to be fit for normal duty within fourteen (14) days.
- Where a person loses consciousness due any situation the workplace.
- Any abnormal machine failure.
SAFETY SYMBOLIC SIGNS AND COLOUR CODING
Safety symbolic signs are very common in our everyday lives. They appear in various shapes, sizes and colors and are the easiest way of communicating to all people. An effective safety sign will instantly warn, direct or inform people, irrespective of color, creed, language or literacy.
Safety signs are made up of the following three components:
- Color
- Shape
- Picture
COLOUR + SHAPE + PICTURE MESSAGE
Basic Colors in Safety Symbolic signs
| Green | Information (General) |
| White | Information (Fire Equipment) |
| Blue | Mandatory |
| Red | Prohibitory |
| Yellow | Warning |
Basic colors used for color coding
| Green | Walkways |
| Yellow | In front of electric DB boards, firefighting equipment and demarcating |
| Orange | Electric DB boards and inside machine guards |
| Red | Danger, Fire equipment & stop buttons. |
PERSONAL PROTECTIVE EOUIPMENT AND CLOTHNG
Where employees are subjected to hazards that could influence their health in the workplace, employers must do everything within their power to try and eliminate or minimize such hazard at their source. This is not always practically possible. If for example we look at a metal workshop where continuous grinding is performed, it is impossible to eliminate or even reduce the noise levels in such an area to below 85 db. In this instance a survey has to be carried out to determine the noise levels and the type of protective equipment to be worn in this area. This equipment must be issued to employees working in that are free of charge, and employees must be properly trained in the correct use of such equipment.
Selection of personal protective and equipment
- Have proper surveys conducted to ensure that the right equipment is purchased. If necessary, contact major suppliers of such equipment.
- Before purchasing equipment, get input from employees and elected Health & Safety Representative.
- Make sure that it is the correct type.
- Train employees properly in the correct use of such equipment.
- It must be comfortable.
- Everybody exposed to hazards in the workplace must be issued with such and no exceptions must be made.
- Remember, protective equipment and clothing is always the last option.
Maintenance and using of personal protective Equipment
- Issuing of safety clothing and equipment must be properly controlled and recorded
- Each individual is responsible for keeping his protective equipment in a good and clean condition.
- Equipment to be inspected regularly
- Where required, such equipment must be worn at all times.
OCCUPATIONAL HEALTH
Occupational health deals with all hazards people could be exposed to in the workplace that could be harmful to their health and well-being. These hazards could result from the nature of the work or substances used in the work process. Here are a few examples.
- Breathing in harmful or toxic fumes which could damage the lungs.
- Solvents which could be absorbed through the skin leading to ill health Excessive exposure to noise, which could lead to hearing loss.
- Swallowing harmful dust or substances.
EMPLOYERS RESPONSIBILITIES
- Identify all hazards in the workplace.
- Have surveys conducted to establish exposure levels.
- Identify hazards which are higher than the normal
- Inform employees of results.
- Implement engineering controls where possible and practicable.
- Provide suitable training and education.
- Provide correct P.P.E. where necessary.
- If required, have medical examinations conducted.
- Inform employees of these results.
- Implement remedial action.
- Report all occupational illnesses and diseases to the Compensation Commissioner.
- Arrange for appropriate treatment.
- Document all findings and actions taken.
- Process Compensation claims.
MEDICAL PRACTITIONERS RESPONSIBILITIES
1. Inform employees of any occupational illnesses or diseases. 2. Inform the employer.
- Forward appropriate documentation to the Commissioner.
- Advise employee and employer of results, recommendations and progress.
THIS APPLIES TO ALL FULL – TIME, PART – DOCTORS.
EMPLOYEES RESPONSIBILITIES
- Follow all health and safety procedures, training and instructions.
- Use health and safety equipment correctly at all times.
- Report incidents / accidents involving hazardous substances.
- Have medical test as required.
- Take appropriate medication if required.
- Follow instructions given by occupational health practitioners.
- Supply previous medical related history.
PREVENTION IS FAR BETTER THAN CURE
HAZARD IDENTIFICATION AND INSPECTION TECHNIQUES
HAZARD IDENTIFICATION AND INSPECTION TECHNIQUES
Why is it important to have a pro — active health and safety programmed in the workplace!
The answer is simple, your employer has n duty to provide you with a safe working environment, and it is your responsibility as a safety representative to maintain it.
- To protect persons from injury, illness, disability or death.
- To protect against damage to assets and environment.
- To prevent exposure to occupational illness.
- To prevent potential fires.
- To prevent financial loss
Unsafe acts and conditions together with a lack of control from the managerial levels can ultimately lead to some sort of disaster, injury, property damage, down time, illness or death.
- A disregard for safety rules and regulations as well as legislative requirements.
- Poor maintenance of buildings, tools, vehicles, storage facilities, etc.
- Poor housekeeping.
- Inadequate machine guarding even the layout of your workshop or yard.
- Working without approved personal protective equipment (PPE)
- Lack of training
Occupational illness is a growing factor in today’s workforce, many employers are not aware that these conditions and therefore it tends to go unnoticed.
- Improper personnel selection.
- Improper motivation.
- Inadequate physical or mental capacity.
- Physical or mental stress,
- Lack of knowledge or skills.
- Old worker mentality.
A well planned health and safety programmed should improve working conditions and decrease the potential hazardous situations that you may encounter. The following factors should be taken into consideration when planning your health and safety programmed.
- Workplace skills and training
- Proper demarcation of potential danger zones
- Encourage regular maintenance routine on machines, vehicles etc
- Repair or replace any faulty equipment or structural damage
- Establish accountability and responsibility infrastructures
- Correct PPE
- Identify high risk areas with special needs
- Discourage abuse, be it victimization or company assets
- Evaluate occupational health and safety, mental and physical needs of employees
The health and safety representative should note the following when doing an inspection:
- Know what the responsibilities are of the employees in that area and whether might feel are problem areas
- Know what to look for i.e. identify all hazards
- Use a systematic approach
- Know what the appropriate PPE is for that area
- What safe guarding is required for machinery that is being used
- Know what correct procedures are
- Are the employees exposed to unhealthy conditions
- Don’t be afraid to ask questions, what! How! When! Where! Why!
The objective of an inspection is to maintain a safe working environment, eliminate unsafe conditions, identify unsafe acts, and conform to the occupational health and safety act.
A well planned inspection depends on a well-drawn up checklist; remember not to limit your inspection to unsafe and unhealthy conditions, unsafe acts of the employees are just important.
Once your inspection is complete note all your findings accurately, describe your exact location so that you will be able to discuss any problems regarding the risks involved to the relevant employees, and the health and safety committee members.
Doing an inspection is not only a faultfinding mission, you should try and find a practical solution to these problems. Encourage employees to inform you of any near misses they might have had, this will help you to prevent injuries that could have disastrous consequences. A near miss is a warning sign. Next time it could be worse.
