DOC

NELSON MANDELA METROPOLITAN UNIVERSITY

By Jerry Clark,2014-06-26 20:49
9 views 0
NELSON MANDELA METROPOLITAN UNIVERSITY ...

    Dr. J.N.R. LAPERE M.D.(Louv.) D.B.G (Stell.) L.L.M. (UPE) Occupational safety, health and medicine consultant - Labour Law Consultant

    NELSON MANDELA METROPOLITAN UNIVERSITY

    LECTURES OCCUPATIONAL HEALTH B CUR III

     AUGUST-SEPTEMBER 2006 DR JAN LAPERE

    Lecture notes 10-08-2006

    THE OCCUPATIONAL HEALTH AND SAFETY ACT (ACT 85 OF 1993)

    The Occupational Health and Safety Act (OHSA) provides for:

    ? The health and safety of persons at work

    ? The health and safety of persons in connection with the use of plant and

    machinery

    ? The protection of persons other than persons at work against hazards to

    health and safety arising out of the activities of persons at work

    ? The establishment of an advisory council for occupational health and safety.

The act states:" Every employer shall provide and maintain,.., a working

    environment that is safe and without risk to the health of his employees".

    The responsibility for determining what that 'environment' is and what may be

    considered 'safe' and 'without risk' lies with the employer and is described in

    the term: 'as far as reasonably practicable'.

    DUTIES EMPLOYER = DUTIES OF THE CEO Section 8(1): Every employer shall provide and maintain,.., a working environment that is safe and

    without risk to the health of his employees".

    The responsibility for determining what that 'environment' is and what may be considered 'safe' and

    'without risk' lies with the employer and is described in the term: 'as far as reasonably practicable'.

Section 8(2): Duties of employers to their employees:

    a) Provision and maintenance of plant and machinery.

    b) Assess hazards, eliminate or mitigate hazards before resorting to personal protective equipment

    (PPE), measure hazards, manage hazards.

    c) Safe production, process, use, handling, storage, transport or articles and substances

    d) HIRA, Risk Management: work, article, substance, plant, machinery

    e) Education and training in the safe operating procedures.

    f) Not permitting any work without precautionary measures

    g) Ensuring compliance to Act by all

    1

    Dr. J.N.R. LAPERE M.D.(Louv.) D.B.G (Stell.) L.L.M. (UPE) Occupational safety, health and medicine consultant - Labour Law Consultant h) Enforce all safety and health regulations.

    i) Provide for supervision by knowledgeable staff.

    j) Inform employees what is not within their authority to do or to 'omit to do'.

    Section 9: An employer is also responsible for the effects to the health and safety of persons other than those in his employment, who may be directly affected by the employer's activities (e.g. contractors, the public).

Section 16(2): appointment of delegated responsibility

    Section 17 and 18: appointment of H&S reps and H&S committees

    Section 24: reporting of accidents

The employer's responsibility is delegated to the chief executive officer,

    without relieving the employer of any responsibility or liability.

    Offences are punishable with a maximum fine of R 100.000 and/or

    imprisonment for a period of maximum two years.

Duties of employers to their employees:

    ? Provision and maintenance of plant and machinery. ? Assess hazards, eliminate or mitigate hazards before resorting to personal

    protective equipment (PPE), measure hazards, manage hazards. ? Educate employees in the safe operating procedures. ? Enforce all safety and health regulations. ? Provide for supervision by knowledgeable staff. ? Inform employees what is not within their authority to do or to 'omit to do'.

    An employer is also responsible for the effects to the health and safety of persons other than those in his employment, who may be directly affected by the employer's activities (e.g. contractors, the public).

    The Act extends its regulations to all products of an employer (including designs, imports, products manufactured, sold or supplied): all articles must be safe and without risk to health, when properly used.

    2

    Dr. J.N.R. LAPERE M.D.(Louv.) D.B.G (Stell.) L.L.M. (UPE) Occupational safety, health and medicine consultant - Labour Law Consultant

    Duties of employees at work:

    ? "Take reasonable care for the health and safety of himself and of other

    persons who may be affected by his acts or omissions".

    ? Comply with the employer's regulations: "obey the health and safety rules

    and procedures".

    ? When involved in an incident, report this to the employer before the end of

    the shift.

The Act provides for the nomination, election and designation in writing of

    safety representatives:

    ? The procedure of designation of and the provision of facilities, assistance

    and training to the safety representative is negotiated between employer

    and employees.

    ? Only employees in full time capacity at a specific workplace and who are

    acquainted with the conditions are eligible.

    ? One safety rep/50 employees. Except for offices and shops: 1/100.

Safety representatives have a wide range of functions in regard to the

    management of hazards in the workplace, accident investigation, making

    representations to the employer or a factory inspector and participation in

    consultations and inspections of the workplace by inspectors.

Safety representatives are entitled to attend investigations in terms of the

    OHSA, to inspect documentation, to accompany inspectors on any inspection

    and to participate in internal health and safety audits.

HEALTH AND SAFETY REPRESENTATIVES (s17)

    S17(1) Every employer with more than 20 employees must designate safety reps for a

    specified period of time.

    S17(2) The nomination or election arrangements are negotiated between employer and

    employees.

    S17(4) Safety reps must be full-time employees and must be acquainted with the

    conditions and activities of the workplace they represent.

    3

    Dr. J.N.R. LAPERE M.D.(Louv.) D.B.G (Stell.) L.L.M. (UPE) Occupational safety, health and medicine consultant - Labour Law Consultant

    S17(5) There will be one safety rep per 50 employees (offices 1/100).

    S17(7) All activities in connection with safety rep work are considered to be time

    spent carrying out the normal duties as an employee.

    FUNCTIONS OF HEALTH AND SAFETY REPRESENTATIVES (18)

    S18(1)The functions of a safety rep are:

    a. Review the effectiveness of health and safety measures. b. Identify potential hazards and potential major incidents. c. Examine the cause of incidents.

    d. Investigate employee's complaints relating to safety and health. e. Make representations to the employer or to the health and safety committee or -

    if unsuccessful- report to an inspector.

    f. Inspect the workplace with a view to the health and safety of employees.

    Reasonable notice must be given to the employer, who may be present during the

    inspection.

    g. Accompany inspectors on inspections of the workplace. h. Attend meetings of the health and safety committee. S18(2) A Safety rep is entitled to:

    a. Visit the site of an accident.

    b. Attend safety, health, incident and accident investigations.

    c. Inspect legal documents in terms of the OHSA.

    d. Accompany an inspector on any inspection.

    e. Be accompanied by a technical adviser on inspection (with the approval of the

    employer)

    f. Participate in any internal health and safety audit.

    S18(3) The employer must provide assistance and training to the safety rep.

    S18(4) The safety rep does not incur civil liability when failing his duty.

    HEALTH AND SAFETY COMMITTEES.

    S19(1) Where 2 or more safety reps are designated, a safety committee will be

    established.

    S19(2) The employer determines the number of members:

    a. All safety reps must be member of at least 1 committee.

    b. The number of nominated members (by the employer) may not exceed the

    number of safety reps.

    S19(3) Nominated members are designated in writing. Safety reps are designated in

    terms of their appointment as safety reps.

    S19(4) Meetings must be held at least once every three months. The employer is

    responsible for compliance with this requirement.

    S19(5) The procedure at meetings is determined by the committee.

    4

    Dr. J.N.R. LAPERE M.D.(Louv.) D.B.G (Stell.) L.L.M. (UPE) Occupational safety, health and medicine consultant - Labour Law Consultant

    S19(6) The committee may co-opt advisory members, who are not entitled to vote.

FUNCTIONS OF THE HEALTH AND SAFETY COMMITTEES

    S20(1)

    a. Make recommendations to the employer on health and safety matters in the

    workplace.

    b. Discuss all injuries on duties or occupational illnesses that occurred at the

    workplace.

    c. Other functions which may be described.

    S20(2) Records must be kept.

An employer must establish a health and safety committee (when more than

    two safety reps have been designated), which must meet at least every 3

    months.

    The procedures at meetings may be determined by the committee, but any

    incident causing illness or injury must be discussed. The committee may make

    recommendations to the employer regarding matters affecting health and

    safety in the workplace.

Employers are forbidden to make employees pay for anything which the

    employer has to provide in terms of the act (e.g. PPE, education, medical

    examination).

There are a number of incidents, which require mandatory reporting to an

    inspector of the Department of Labour:

    ? If any person dies, becomes unconscious, suffers an amputation or becomes

    ill to the extent that more than 14 days sick leave is prescribed.

    ? A major incident, a dangerous spillage, an uncontrolled release of a

    substance under pressure; machine failure resulting in flying, falling or

    uncontrolled moving objects of a machine running out of control.

    5

    Dr. J.N.R. LAPERE M.D.(Louv.) D.B.G (Stell.) L.L.M. (UPE) Occupational safety, health and medicine consultant - Labour Law Consultant The OHSA puts a legal obligation on medical practitioners to report cases of

    occupational disease to the person's employer and to the chief inspector.

The employer must manage entry to the workplace. The Act presumes that all

    persons present on the premises are employees.

    A copy of the OHSA must be available to employees.

The OHSA prescribes the manner in which incidents are recorded and

    investigated.

The Act regulates that any persons who is or who appears to be under the

    influence of intoxicating liquors or drugs must not enter or remain at a

    workplace.

Work with asbestos, lead and diving work all have special regulations.

There are technical requirements relating to major hazard installations,

    electrical and mechanical machinery, lifts, escalators, passenger conveyors,

    pressure vessels and electrical installations.

    In certain instances the Act requires the employer to appoint a person with a

    certificate of competency as mechanical or electrical engineer, a certificated

    engineer or an occupational medicine practitioner.

The Act defines the minimum facilities for change rooms, toilets, rest rooms

    and dining rooms.

The exposure to temperature and noise in the workplace, ventilation and

    illumination of the workplace, housekeeping standards, precautions against

    flooding and fire are regulated by the Act.

The use of all chemicals and, in particular, the use of hazardous chemical

    substances is subject to special requirements.

    6

    Dr. J.N.R. LAPERE M.D.(Louv.) D.B.G (Stell.) L.L.M. (UPE) Occupational safety, health and medicine consultant - Labour Law Consultant

The OHSA is, in line with other Labour Legislation, in many ways relying on

    responsible management combined with intrinsic monitoring by means of the

    safety representatives and the management team.

    Records are mandatory but kept in-house.

    ABBREVIATED REGULATION PER SECTION

1. ACT

    o CEO responsible: every CEO shall ensure that the duties of his employer are

    properly discharged.

    o General duties of employers:

    o Provide and maintain a safe and healthy working environment.

    o Do a risk assessment

    o Mitigate and manage all assessed risks

    o Provide education and training

    o Establishment of health and safety reps and committtees.

    o Contractors

    o Fine = R 100.000 or two years imprisonment.

    2. General administrative Regulations

    o Definitions

    o Access to premises

    o Copy of the Act

    o Health and safety committee

    o Negotiations and consultations before designation of health and safety

    representatives

    o Designation of health and safety representatives

    o Reporting of incidents and occupational diseases

    o Recording and investigation of incidents

    7

    Dr. J.N.R. LAPERE M.D.(Louv.) D.B.G (Stell.) L.L.M. (UPE) Occupational safety, health and medicine consultant - Labour Law Consultant

    3. Certificate of competency

    Mechanical and electrical engineer's certificate of competency

    4. Electrical installation regulations

    ? Employer responsible for all electrical installations ? Certificate (annexure) in respect of every installation (+alteration) ? Registration with Electrical Contracting Board of SA = accredited 5. Environmental regulations for workplaces

    ? Thermal requirements

    ? Lighting

    ? Windows

    ? Ventilation

    ? Housekeeping

    ? Flooding, fire, egress (fire fighting program, disaster plan) 6. Facilities

    ? Change rooms, dining rooms, drinking water, sanitation, seats ? Lockers

    7. Hazardous chemical substances

    ? Employer must have information and training in HCS: risk assessment at least every

    2 years

    ? Air monitoring every year (or every 2 years for OEL-RL) ? Medical surveillance

    ? Respirator zone

    ? Exposure control management

    ? PPE

    ? Facilities

    ? Waste management

    8. Driven machinery regulations

    ? Air compressors, band saws, band knives, circular saws, grinders ? Hoists and lifting equipment

    ? Mixing, agitating machines, centrifugals

    ? Transportation plants SABS 0148

    ? Refrigeration plants: SABS 0147

    8

    Dr. J.N.R. LAPERE M.D.(Louv.) D.B.G (Stell.) L.L.M. (UPE) Occupational safety, health and medicine consultant - Labour Law Consultant

9. Electrical machinery regulations

    ? Conductors, control gear, switches, switchboards ? Hazardous locations (competent person)

    ? Portable equipment

    ? Earthing

    10. General machinery regulations ? Appointment of responsible person (// competent persons) ? Guarding

    ? Operation of machinery: training, regulations, loose garments ? Stop/start devices, lock-out

    ? Incident reporting

    ? Notifiable substances

    11. General safety regulations ? Personal safety equipment

    ? First aid

    ? Flammable liquids

    ? Work in confined spaces

    ? Ladders, scaffolds

    ? Stacking

    ? Welding, cutting, soldering

    12. VUP (vessels under pressure) ? Installation, maintenance, modification

    ? Record keeping

    13. Major hazardous installation 14. Hazardous biological agents regulations

    o Scope of Application

    o Classification of Biological Agents

    o Information and Training

    o Duties of Persons who might be Exposed to HBA

    o Risk Assessment by Employer or Self-Employed Person

    o Monitoring Exposure at Workplace

    9

    Dr. J.N.R. LAPERE M.D.(Louv.) D.B.G (Stell.) L.L.M. (UPE) Occupational safety, health and medicine consultant - Labour Law Consultant

    o Medical Surveillance

    o Records

    o Control of Exposure to HBA

    o Personal Protective Equipment and Facilities o Maintenance of Control Measures, Equipment and Facilities o Prohibitions

    o Labelling, Packaging, Transporting and Storage o Special Measures for Health and Veterinary Isolation Facilities o Special Measures for Laboratories, Animal Rooms and Industrial Processes o Disposal of HBA

    15. Noise Induced Hearing Loss regulations

    o Exposure to noise

    o Information & training

    o Duties of persons exposed to noise

    o Assessment of potential exposure to noise

    o Noise monitoring

    o Medical surveillance

    o Noise zones

    o Control of noise exposure

    o Records

    o Hearing protective equipment

    o Maintenance of control measures

    10

Report this document

For any questions or suggestions please email
cust-service@docsford.com