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OCCUPATIONAL HEALTH, SAFETY FIRST-AID & FIRE TRAINER’S KITS www.safetyhealthtraining.com. Welcome to. ACTRAC OVERVIEW OF OHS ACT. . Development of H&S Legislation in SA. 1941 Factories Act 1941 WC Act 1983 MOS Act & Regs. 1993 OH& S Act & Regs.

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  1. OCCUPATIONAL HEALTH, SAFETY FIRST-AID & FIRE TRAINER’S KITS www.safetyhealthtraining.com Welcome to ACTRACOVERVIEW OF OHS ACT 

  2. Development of H&S Legislation in SA • 1941 Factories Act • 1941 WC Act • 1983 MOS Act & Regs. • 1993 OH& S Act & Regs.

  3. Structure of the Law OH&S Act 85/93 as amended Regulations & Drafts Standards

  4. Regulations Asbestos Regulations Applicable to every employer and self-employed person who carries out work at a workplace that may expose any person to asbestos dust at that workplace. Certificate of Competency Applicable to those applying for and obtaining a Certificate of Competency for mechanical engineering. Construction Regulations Applicable to any persons involved in construction work. Diving Regulations Applicable all involved in professional diving activities. Driven Machinery Regulations Applicable to all aspects concerning driven machinery at the workplace. Electrical Installation Regulations Applicable to users or lessors, approved inspection authorities for electrical installations, registered persons, electrical contractors, suppliers, designers and to suppliers of materials and other electrical articles or parts thereof whether temporary, permanent, or in a stationary or mobile state and installation.

  5. Regulations Electrical Machinery RegulationsApplicable to all electrical machinery. Environmental Regulation For WorkplacesApplicable to the requirements pertaining to noise, lighting, heat within a working environment. Explosives Regulation Applicable to any employer, self-employed person or user who operates an explosives workplace for the purpose of manufacturing, testing, storing or using explosives. Facilities Regulations Applicable to the facilities that must be provided by employers at the workplace for workers, to improve working conditions for all. General Administrative Regulations Applicable to the administrative procedure of the Occupational Health and Safety Act.

  6. Regulations General Machinery Regulations Applicable to the safeguarding, use, supervision and reposting of incident relating to machinery. General Safety Regulations Applicable to the general safety of workers at the workplace. Hazardous Biological Agents Applicable to all aspects of working with hazardous biological agents. Hazardous Chemical Substances Applicable to an employer or a self employed person who carries out work at a workplace which may expose any person to the intake of an HCS at the workplace. Lead Regulations Applicable to every employer and self-employed person at a workplace where lead is produced, processed, used, handled or stored in a form in which it can be inhaled, ingested or absorbed by any person in that workplace.

  7. Regulations Lead Regulations Applicable to every employer and self-employed person at a workplace where lead is produced, processed, used, handled or stored in a form in which it can be inhaled, ingested or absorbed by any person in that workplace. Lift Escalator And Passenger Conveyor Regulations Applicable to lift escalators and passenger conveyors. Major Hazard Installation Applicable to major hazard installation. Noise Induced Hearing Loss Applicable to noise induced hearing loss at the workplace. Vessels Under Pressure Regulations Applicable to boilers and vessels under pressure.

  8. Principles • Self Regulatory legislation • CEO assumes total accountability • CEO to ensure compliance with the law • Immediate report of incidents compulsory • Guilty until proven innocent - vicarious liability • Documentary evidence - archived until needed

  9. The Reasonable Man (Diligens Pater Familias) Reasonable Man Test • Would the reasonable man placed in the position of the defendant have foreseen the possibility of causing harm or loss? • Would the reasonable man have taken steps to guard against the harm or loss? • Did the defendant take such steps?

  10. Vicarious LiabilitySection 37 The employer must prove he met points 1 - 3, if his employee or contractor has committed an offence. If he can’t it is presumed the employer committed the offence! THE PROOF: 1 the act was without his connivance or permission 2 the act was not within the scope of authority of the employee 3 all reasonable preventive steps were taken by the employer

  11. Non-Employee Employees CEO Mandatary / Contractors Public Principle of Relationships

  12. CEO H&S Committee H&S Management System

  13. EMPLOYER, USER Company, CC, Partnership, Municipality, etc EMPLOYEES C.E.O. (Sect. 16(1)) RISK MANAGER/ SAFETY OFFICER. Advisory role H&S REPS (Sect. 17(1)) with optional functions ASSIGNED MANAGER (Sect. 16(2)) MANAGEMENT NOMINEE (Sect. 19(3)) ASSIGNED DUTIES I.E. Inspections, Supervisor of machinery, etc. SAFETY COMMITTEE Management Nominees H&S Reps Advisory members Sect. 19(2) ASSIGNED MANAGER Sect. 16(2) ASSIGNED SECTION HEAD Sect. 16(2) ASSIGNED SUPERVISOR (Sect. 16(2)) Organisational Structure

  14. Physical, Mechanical, Electrical, Chemical Contact Impact Burn Shock Focus On Occupational Safety

  15. Ingestion Inhalation Absorption Stress / Strains Focus on Occupational Health Biological, Ergonomical, Chemical, Physiological, Psychological

  16. Focus on Training Employer to inform, instruct and train • All “Employees” exposed todangers, hazards and risks • General Supervision • Health & Safety Reps

  17. Focus on Collective Consultation • Consultation in good faith • Negotiation vs. Consultation • Between employer and employee • Moves H&S squarely into IR world

  18. Focus on Administration • Rules, procedures, standards, etc • Contracts and agreements • Committee constitution • Health & safety policy • Conditions of service • Appointment forms • Proof of evidence • Etc., etc.

  19. Purpose of the Act Provide for the health and safety of:persons at work persons in connection with the use of plant and machinery; The protection of persons other than persons at work againsthazards to health and safety arising out of or in connection with the activities of persons at work; Establish an advisory council for occupational health and safety; and Provide for matters connected therewith.”

  20. Important Sections 1 Definitions 8 Duties: employer to employee 9 Duties: employer to non-employee 10 Duties: manufacturers, etc: things use at work 11 Listed work 12 Duties: employer re: Occupational Health 13 Duty: to inform

  21. Important Sections 14 Duties employee 15 Duty not to interfere 16 Duties CEO 17 Health & Safety Reps System 18 Functions H&S Rep 19 H&S Committees System 20 Functions H&S Committee

  22. Important Sections 22 Sale of certain articles 23 Certain deductions prohibited 24 Reports: certain incidents 25 Reports: occupational diseases 29 Functions: Inspectors 37 Acts & omissions 38 Offences & penalties 41 This Act not affected by agreements

  23. Biological Monitoring a planned programme of periodic collection and analysis of body fluid, tissues, excreta or exhaled air in order to detect exposure to or absorption of any substance or organism by persons

  24. Danger “anything which may cause injury or damage to persons or property” Acid

  25. Employee • any person who is employed by or • works for an employer and • who receives or is entitled to receive any remuneration or • who works under the direction or supervision of an employer or any other person”.

  26. Employer • any person who employs or • provides work for any person and • remunerates that person or • expressly or tacitly undertakes to remunerate him • but excludes a labour broker as defined in the Labour Relations Act, 1956

  27. Acid Hazard “a source of or exposure to danger”

  28. Healthy “free” from illness or injury attributable to occupational causes

  29. Inspection Authority means any person who with the aid of • specialized knowledge or equipment or after such • investigations, tests, sampling or analyses as he may consider necessary, and whether for reward or otherwise, renders a service by • making special findings, purporting to be • objective findings:

  30. Inspection Authority means any person who makes objectives finding re: (a) the health of any person; (b) the safety or risk to health of any work, article, substance, plant or machinery, or of any condition prevalent on or in any premises; or (c) whether or not any particular standard has been or is being complied with respect to any work, article, substance, plant or machinery, or with respect to work or a condition prevalent on or in any premises or with respect to any other matter, and by issuing a certificate, stating such findings, to the person to whom the service is rendered

  31. Machinery • means any article or • combination of articles • assembled, arranged or connected and • which is used or intended to be used • for converting any form of energy to performing work, or • which is used or intended to be used, • whether incidental thereto or not, • for developing, receiving, storing, containing, confining, transforming, transmitting, transferring or controlling any form of energy

  32. Mandatary • includes an agent, • a contractor or a subcontractor for work, • without derogating from his status in his own right as an employer or a user. • This is someone who has been “mandated” to perform work.

  33. Medical Surveillance a planned programme of periodic examination (which may include clinical examinations, biological monitoring or medical tests) of employees by an occupational health practitioner or, in prescribed cases by an occupational medicine practitioner

  34. Occupational Health Includes Occupational hygiene, Occupational medicine and Biological monitoring

  35. Occupational Hygiene the anticipation, recognition, evaluation and control of conditions arising in or from the workplace which may cause illness or adverse health effects to persons

  36. Occupational Medicine the prevention, diagnosis and treatment of illness, injury and adverse health effects associated with a particular type of work

  37. Risk “the probability that injury or damage will occur” Acid

  38. Safe “free” from any hazard

  39. Health & Safety CouncilSection 2,3,4,5,6 6 x Trade Union Reps 6 x Employer Reps 1 x Safety Expert 1 x Dept Nat. Health & Welfare 1 x Health Expert 1 x Dept Mineral & Energy Affairs 1 x Hygiene Expert 1 x Dept Labour 1 x COID Rep 1 x Chief Inspector

  40. Technical CommitteesSection 6 THE PURPOSE: to advise the Council on technical matters

  41. Health & Safety PolicySection 7 the employer must: 1 when directed by the Chief Inspector: prepare a written policy re: • health & safety employees at work, • the description of his organisation • arrangements for carrying out & reviewing the policy 2 guidelines from Chief Inspector 3 sign and display the policy at the workplace

  42. Employers Duties Re:EmployeesSection 8 Every employer shall: provide & maintain safe / health risk free: 1 working environment 2 a systems of work, plant & machinery take steps to: 2 b mitigate hazards & potential then issue PPE make arrangements re: 2 c safety / absence or risks re: produce, process, use, handle, store or transport or articles or substances

  43. Employers Duties Re:EmployeesSection 8 Employer shall: establish: 2 d hazards attached to work performed • article or substance produced, processed, used, • handled, stored or transported • any plant or machinery used • precautionary measure to be taken + provide: the necessary means to apply such measure. 2 e information, instruction, training and supervision


  45. Employers Duties Re:EmployeesSection 8 Employer shall: not permit: 2 f any employee to do any work, produce, process, use, handle, store, transport any article or substance unless precautionary measures are taken ensure: 2 g necessary measures are complied with by everyone enforce: 2 h the necessary measures

  46. Employers Duties Re:EmployeesSection 8 Employer shall: ensure: 2 i work is performed, plant and machinery is used under general supervision of a person who has been: • trained to understand the hazards and • authorised to ensure measures are implemented cause: 2 j all employees to be informed of scope of authority.

  47. Analyse your Health Hazards Chemical Dust Fatigue Fumes Gases Lighting Mist Noise Radiation Smoke Stress Temperature Vapour Vibration

  48. Analyse your Safety Hazards Chemical Electricity Explosions Fires Housekeeping Mechanical devices Pressure vessels Production Machinery Tools Transportation Other?

  49. GENERAL DUTIES Employers & Self Employed re: Non-employeeSection 9 1 EMPLOYER to ensure: that non-employees 2 SELF-EMPLOYED to ensure: that he & others affected by his activities are not exposed to health & safety hazards

  50. GENERAL DUTIESManufacturers & Others Re: Articles for use at WorkSection 10 1 designers, manufactures, importers, sellers & suppliers of any article shall ensure: • the article is safe / without risk when properly used • that it complies with all prescribed requirements 2 installers & erectors shall ensure: • it is free from risk when properly used

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