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OCCUPATIONAL HEALTH AND SAFETY ACT & OHH POLICYREVIEW

OCCUPATIONAL HEALTH AND SAFETY ACT & OHH POLICYREVIEW. DEPARTMENT OF LABOUR OCCUPATIONAL HEALTH AND SAFETY M ruiters. Historical account of the Acts. The very first legislation introduced into South Africa covered both Industrial safety and conditions of employment:

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OCCUPATIONAL HEALTH AND SAFETY ACT & OHH POLICYREVIEW

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  1. OCCUPATIONAL HEALTH AND SAFETY ACT & OHH POLICYREVIEW DEPARTMENT OF LABOUR OCCUPATIONAL HEALTH AND SAFETY M ruiters

  2. Historical account of the Acts The very first legislation introduced into South Africa covered both Industrial safety and conditions of employment: • The very first Act was the Factories Act 28 of 1918 In terms of CHAPTER I of the aforementioned Act, the general administration of this Act was vested in the Minister of Mines and Industries originally before it was transferred to the Department of Labour in 1924. • Factory and Building Work Act, 22 of 1941

  3. The shift to purely OHS focus A further shift came about during the 1983 period, where legislation focussed purely on OHS and did not include the Conditions of Employment • Machinery and Occupational Safety Act, Act 6 of1983 Introduction of Self regulation … functions increased for OHS representatives and committees and focus placed on Occupational Health • Occupational Health and Safety Act, Act 85 of 1993

  4. Evolution of the Long Titles

  5. “OHS BILL”

  6. To provide the legislative framework in which higher levels of compliance can be achieved by the Inspectorate

  7. Questions to be answered … • Is the current legislation sufficient? • What do we want to achieve with any changes we want to make? • What is the current philosophy? (self/co-regulation – introduction of AIA concept – DoL inspectors has short reach. • What is the philosophy/theme moving forward! • What do we want to achieve in the next 5 to 10 years

  8. Expectations of employers? • Expectations of employees? • Expectations of public and ? • Expectations of specialists? • Additional issues: • Registration of workplaces for permit? • Higher penalties (compliance has not moved)? • Safety Management Systems – reports annually? • Special conditions imposed where fatal incidents?

  9. New Bill addresses … • Structural issues • Administrative issues

  10. BACKGROUND • The Occupational Health and Safety Act predates the Constitution which provides that any law or conduct inconsistent with the Constitution is invalid and any obligation imposed by the Constitution must be fulfilled. • The redrafting of the Act therefore became necessary to ensure consistency with the spirit and provision of the constitution dealing with the right to life, human dignity, right to fair labour practice, access to information and lawful, reasonable, and procedurally fair administrative decision making.

  11. Over and above the fact that the current OHS Act predated the Constitution, the legislation has not kept abreast with the legal landscape in the Republic South Africa; technology and OHS around the world.

  12. Occupational Health and Safety in South Africa therefore remains fragmented with various Government Departments claiming jurisdiction over various areas leading to confusion at times for clients.

  13. The Bill seeks to provide for the health and safety of persons at work and for the health and safety of persons in connection with the activities of persons at work, and to provide a common framework to guide for the prevention of accidents and ensure safety at the workplace, alignment of the Act with the constitution and other employment laws;

  14. Proposal … Move forward with current Act that must be reviewed.

  15. So … Some key changes include … amongst others • Administrative Management of OHS • Safety Management System and includes • Risk Management • Health and Safety Representatives and Committees • Responsibilities • appointments • A total turnaround on the enforcement capability … which includes … • Administrative Fines • Alignment of legislation

  16. Some key areas for considerations include… • Definitions - changes • Section 10 expanded upon to address deficiencies in terms of GHS and HCS • Substantial increases in penalties i.e. up to R5 000 000 and/or 5 years in prison (max.)

  17. It is now entrenched in the new Bill that Employees’ have a right to leave a dangerous place of work • Very little change has been effected to the old Section 16 “Chief Executive Officer charged with certain duties” – see change made to the issue of ‘“assigning” certain duties’ • Some work have been done on “Functions of health and safety representatives”

  18. The current challenge … • New Regulations have in the mean time been promulgated after the promulgation of the Constitutional Act, while the OHS Act has never been brought in line with it until today.

  19. Not in Synch … • Due to the “new” Regulations pursuing a newer, different concept or theme, different to that which existed with the coming into force of the existing OHS Act, i.e. self regulation and Occupational Health, etc., the new Regulations are not in synch with the OHS Act and it has and is creating problems with the development of newer Regulations.

  20. Occupational health and hygiene POLICY amendmentS • AIA Guideline document • WHAT IS AN APPROVED INSPECTION AUTHORITY (AIA)? • REASONS FOR APPROVING AIA • CRITERIA FOR APPROVAL • PERSONNEL • EXAMINATION ON LEGISLATION • DOCUMENTATION (17020) • INVESTIGATION OF COMPLAINTS AND DEVIATIONS (17020) • PROCEDURES FOR APPROVAL • APPROVAL CERTIFICATES • AUDITS BY THE DEPARTMENT OF LABOUR • REPORTING TO THE CHIEF INSPECTOR • LIST OF APPROVED INSPECTION AUTHORITIES

  21. SANAS accreditation of AIA’s • Legal knowledge • Approached tertiary institutions and 6 are will to present the course • Workshop 30 and 31 July 2012 • Environmental regulations for workplaces • AIA’s more scope • Physical stressors ( Thermal, ventilation, vibration……….) • Ergonomics • Regulations • Workshop (September/October) • HCS, GHS and Asbestos • Risk Assessments??????

  22. Way Forward • All regulations will have to be brought in line with the key changes in the Act • A guideline is a must to be published when the Bill is promulgated to ensure that all grey areas are addressed as far as possible. • All unintended consequences will, as far as possible be dealt with during the Public Comment phase.

  23. review and strengthen the enforcement provisions; • ensure that the legislation is in line with current international and local industry developments; • simplify the administrative system for issuing fines and shorten the enforcement procedures; • reinforce the offences and penalties; • change in OHH Regulations; • Establishment of technical committee's; • AIA’s reporting twice per year; • SANAS Accreditation

  24. Thank yOU!

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