Welcome to ACTRAC OVERVIEW OF OHS ACT OCCUPATIONAL

Welcome to ACTRAC OVERVIEW OF OHS ACT OCCUPATIONAL HEALTH, SAFETY FIRST-AID & FIRE TRAINER’S KITS www. safetyhealthtraining. com INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 1

Development of H&S Legislation in SA • • 1941 1983 1993 Factories Act WC Act MOS Act & Regs. OH& S Act & Regs. INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 2

Structure of the Law OH&S Act 85/93 as amended Regulations & Drafts Standards INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 3

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. INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 4

Regulations Electrical Machinery Regulations Applicable to all electrical machinery. Environmental Regulation For Workplaces Applicable 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. INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 5

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. INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 6

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. INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 7

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 • • • INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 8

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? INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 9

Vicarious Liability Section 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! 1 2 3 THE PROOF: the act was without his connivance or permission the act was not within the scope of authority of the employee all reasonable preventive steps were taken by the employer INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 10

Principle of Relationships Non-Employees CEO Mandatary / Contractors Public INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 11

H&S Management System CEO H&S Committee INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 12

Organisational Structure EMPLOYER, USER Company, CC, Partnership, Municipality, etc 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)) ASSIGNED MANAGER Sect. 16(2) ASSIGNED SECTION HEAD Sect. 16(2) EMPLOYEES 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 SUPERVISOR (Sect. 16(2)) INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 13

Focus On Occupational Safety Physical, Mechanical, Electrical, Chemical Contact Shock Impact Burn INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 14

Focus on Occupational Health Biological, Ergonomical, Chemical, Physiological, Psychological Ingestion Absorption Inhalation Stress / Strains INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 15

Focus on Training Employer to inform, instruct and train • All “Employees” exposed to dangers, hazards and risks • General Supervision • Health & Safety Reps INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 16

Focus on Collective Consultation • Consultation in good faith • Negotiation vs. Consultation • Between employer and employee • Moves H&S squarely into IR world INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 17

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. INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 18

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 against hazards 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. ” INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 19

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 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 20

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 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 21

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 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 22

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 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 23

Danger Acid “anything which may cause injury or damage to persons or property” INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 24

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”. INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 25

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 • • INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 26

Hazard Acid “a source of or exposure to danger” INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 27

Healthy “free” from illness or injury attributable to occupational causes INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 28

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: INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 29

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 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 30

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 • • • INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 31

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. INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 32

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 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 33

Occupational Health Includes Occupational hygiene, Occupational medicine and Biological monitoring INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 34

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 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 35

Occupational Medicine the prevention, diagnosis and treatment of illness, injury and adverse health effects associated with a particular type of work INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 36

Risk “the probability that injury or damage will occur” Acid INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 37

Safe “free” from any hazard INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 38

Health & Safety Council Section 2, 3, 4, 5, 6 6 x Trade Union Reps 1 x Safety Expert 6 x Employer Reps 1 x Dept Nat. Health & Welfare 1 x Health Expert 1 x Hygiene Expert 1 x Dept Mineral & Energy Affairs 1 x Dept Labour 1 x COID Rep 1 x Chief Inspector INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 39

Technical Committees Section 6 THE PURPOSE: to advise the Council on technical matters INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 40

Health & Safety Policy Section 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 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 41

Employers Duties Re: Employees Section 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 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 42

Employers Duties Re: Employees Section 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 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 43

Risk Profile DANGER HEALTH HAZARD RISKS PPE TRAIN REMARKS SAFETY INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 44

Employers Duties Re: Employees Section 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 everyone necessary measures are complied with by enforce: 2 h the necessary measures INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 45

Employers Duties Re: Employees Section 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. INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 46

Analyse your Health Hazards Chemical Fatigue Gases Mist Radiation Stress Vapour Dust Fumes Lighting Noise Smoke Temperature Vibration INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 47

Analyse your Safety Hazards Chemical Electricity Explosions Fires Housekeeping Mechanical devices Pressure vessels Production Machinery Tools Transportation Other? INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 48

GENERAL DUTIES Employers & Self Employed re: Non-employee Section 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 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 49

GENERAL DUTIES Manufacturers & Others Re: Articles for use at Work Section 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 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 50

GENERAL DUTIES Manufacturers & Others Re: Articles for use at Work Section 10 3 the person/s in 1 shall ensure: – the substance is safe & w/o risks when properly used – information is available re risks, conditions and procedures 4 Undertaking by 2 nd party relieves 1 st party of duty INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 51

Listed Work Section 11 THE MINISTER: 1 may declare any work to be listed work 2 a shall publish intentions & invite comment 2 b shall allow min. 3 months for comment 3 a 2 b does not apply to amendments 3 b may if in public interest declare w/o delay INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 52

General Duties Employers Re: Listed Work Section 12 1 If employees undertake or are exposed to hazards from listed work then, after consultation with the committee a IDENTIFY hazards, evaluate the risks, steps to be taken b PREVENT exposure to hazard, if not possible, minimise exposure INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 53

General Duties Employers Re: Listed Work Section 12 c CARRY OUT where appropriate: occupational hygiene programme biological monitoring subject employees to medical surveillance 2 INFORM H&S Reps of action & results of action taken (Medical results not included, except with written consent) INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 54

Duty to Inform Employees Section 13 EVERY EMPLOYER SHALL: (a) cause every employee to be made conversant with • • the hazards to his health & safety attached to any work he has to perform, any article or substance he has to produce, process, use, handle, store, or transport any plant or machinery he is required or permitted to use as well as precautions to be taken or observed INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 55

Duty to Inform H&S Reps Section 13 EVERY EMPLOYER SHALL: (b) inform H&S Reps concerned beforehand of: • • inspections, investigations and formal inquiries by an inspector and applications for exemptions made by him (c) inform the H&S Rep ASAP of the occurrence of an incident in his workplace INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 56

General Duties Employee at Work Section 14 a take care of himself and others who may be affected by his acts or omissions b co-operate with his employer i. r. o. the Act c carry out lawful orders, obey health & safety rules & procedures d report unsafe & unhealthy situations to: his HAS Rep or employer ASAP. e report any incident which: may affect his health caused an injury to himself, within his shift or ASAP INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 57

Duty not to Interfere with or Misuse Things Section 15 No person shall: intentionally or recklessly interfere with damage or misuse anything provided in the interests of health or safety by order INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 58

General Duties Chief Executive Officer Section 16 1 to ensure “duties of the employer” are discharged 2 may assign any duty in Sub Sect 1. to any person under his control. (This person to act subject to directions & control of CEO) 3 Sub Sect 1 does not relieve an employer of responsibility or liability 4 Head of State Department is the CEO INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 59

Health & Safety Reps Section 17 THE EMPLOYER SHALL: 1 Designate H&S Reps in writing, within 4 months, when 21 plus employees at any workplace, for a specific period, section or workplace 2 Consult in good faith with employees recognised by him or where there are no such reps directly with the Employees arrangements, procedures for nomination or election, periods, designation of H&S Reps. (if consultation fails - arbitration by mutually agreed on person. 3 Arbitration not subject to Arbitration Act. Failure to consult is not a dispute in terms of that Act INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 60

Health & Safety Reps Section 17 4 Only full-time employees acquainted with workplace and work shall be eligible 5 Ratio: Shops & offices: 1 H&S Rep for 100 employees (or part) Other workplaces: 1 H&S Rep for 50 employees (or part) 7 Activities: to be performed during working hours are to be deemed part of his normal duties INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 61

Profile of a H&S Rep • • The right attitude Full time employee Willing to be trained Assertive communicator Committed to the H&S cause Interested in the H&S of others Acquainted with work & workplace INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 62

Functions of H&S Reps Section 18 1 A H&S Representative may: a REVIEW the effectiveness of the H&S measures b IDENTIFY potential hazards and major incidents c EXAMINE in collaboration with his employer, the causes of incidents d INVESTIGATE employees H&S complaint e MAKE REPRESENTATIONS re: a, b, c & d to employer or committee. Where unsuccessful, to an inspector INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 63

Functions of H&S Reps Section 18 f MAKE REPRESENTATIONS on general H&S matters g INSPECT the workplace, articles, plant, etc. • at agreed upon intervals • shall give notice of intentions to employer • Employer may be present h PARTICIPATE in consultations with, and accompany inspectors i INFORMATION from inspectors j ATTEND H&S committee meetings INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 64

Functions of H&S Reps Section 18 2 H&S Reps shall be entitled to i. r. o. their designated workplaces: a VISIT sites of incidents at all reasonable times and attend inspections in loco b ATTEND any investigation or formal inquiry c INSPECT any H&S document d ACCOMPANY an inspector on any inspection e ACCOMPANIED by an approved technical advisor on any inspection (with approval) f PARTICIPATE in any internal H&S audit INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 65

Functions of H&S Reps Section 18 3 An employer shall provide: • assistance, facilities & training as may be required • as have been mutually agreed upon • for the carrying out of his functions 4 An H&S Rep shall not incur any civil liability by reason only that he failed to do anything which he may do, or is required to do in terms of this Act. INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 66

Health & Safety Committees Section 19 1 ESTABLISH a committee if 2 or more H&S reps CONSULT with the committee at every meeting re: initiating, developing, promoting, maintaining & reviewing H&S measures 2 DETERMINE the number of members a b c if 1 Committee then all H&S Reps to serve on it if 2 Committees then H&S Rep is to serve on 1 never more employer nominees than H&S Reps INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 67

Health & Safety Committees Section 19 3 all members to be designated in writing for stipulated period 4 meet as often as needed; at least 3 monthly if 10% of staff request in writing, then inspector may direct that a meeting be held 5 meeting procedures established by committee 6 a b Committee may co-opt advisory members Advisory members may not vote INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 68

Health & Safety Committees Section 19 Designated H&S Reps Employer Nominees Designated members Management Advisory member Other? INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 69

Functions of H&S Committees Section 20 1 (a) may make recommendations to employer if this fails, then to inspector (b) shall table and discuss incidents at work where person was injured, became ill or died (c) shall perform prescribed functions 2 shall keep records recommendations made to employer & reports made to inspector 4 employer to ensure H&S committee complies INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 70

General Prohibitions Section 21 THE MINISTER MAY DECLARE: 1 that no employer shall require or permit: specified employees to work on or in premises , or to work, unless carried out as specified, if it is a a b c specified activity specified process specified article or substance if in his opinion it is likely to threaten their H&S 2 publish a draft notice in the G. G. for comment 5 Notices i. t. o. MOS Act shall remain in force INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 71

Sale of Certain Articles Prohibited Section 22 subject to provision of Sect 10 (4) if any H&S requirement i. r. o. any article, substance, plant, machinery or H&S equipment. has been prescribed no person may sell it unless it complies INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 72

Certain Deductions Prohibited Section 23 THE EMPLOYER MAY NOT Deduct or permit any deduction or payment from or by an employee for anything that must be done or provided in the interest of H&S! INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 73

Report Certain Incidents Section 24 1 in each work related incident in which a any person, (inc. non-employee) dies, becomes unconscious, loses a part or a limb or is injured, becomes ill and is likely to die or suffers permanent disability or unable to work for 14+ days or continue with the activity he was busy with INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 74

Report Certain Incidents Section 24 b a major incident occurred c the H&S of any person was endangered (i) dangerous substance was spilled, (ii) uncontrolled release of any substance under pressure INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 75

Report Certain Incidents Section 24 (iii) machinery or part fractured or failed, resulting in a flying, falling or uncontrolled moving object (iv) machinery ran out of control Employer or User shall report: in prescribed manner & period INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 76

Disturbing Incident Site Section 24 Cont. 2 if a person died, is likely to die or lost a limb then the site is not to be disturbed no article or substance is to be removed without consent of inspector except to: prevent further incident, remove injured or dead or rescue persons from danger 3 n/a to accidents in private house, car or aircraft. (Report to SAP) INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 77

Report of Occupational Diseases Section 25 any medical practitioner who • examines or treats a person for a disease described in the 2 nd schedule of the COID Act or any other disease • which he believes arose out of that persons employment • shall report the case in the prescribed period and manner to the person’s employer and the Chief Inspector and inform that person accordingly INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 78

Victimisation Forbidden Section 26 NO EMPLOYER SHALL: 1 victimise, etc. , an employee for giving info. to the Minister or any other authorised person giving evidence before a court complying with the law refusing to do anything prohibited by the law 2 unfairly dismiss an employee, reduce his rate or position because of a report i. t. o. Sect 12 (2) or 25 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 79

Designation & Functions of Chief Inspector Section 27 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 80

Functions of Inspectors Section 29 1 (a) without previous notice, at all reasonable times enter any premises (b) question any person alone or with another (c) require books, documents or records (d) examine / copy books, documents or records (e) require an explanation (f) inspect / remove articles, substances, etc. INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 81

Functions of Inspectors Section 29 g seize books, articles and evidence (Employer may make copies before the seizure) h direct people to appear and question them 2 interpreters & assistants to be “inspectors” 3 facilities to be provided by employer 4 issue of receipt for items seized INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 82

Special Powers of Inspectors Section 30 1 a b c d PROHIBIT employer from permitting or requiring certain act user from using certain machinery employer from permitting excessive exposure prohibition may be revoked in writing 2 Block, barricade or fence off that part no person to interfere with such measures 3 directives if threat exists and steps are not taken 4 direct an employer or user to comply 6 employer to notify H&S Reps and employees of a prohibition, directive or notice. INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 83

Investigations By Inspectors Section 31 FORMAL INQUIRIES Section 32 JOINT INQUIRIES Section 33 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 84

Obstruction of Investigation, Inquiry, Presiding Inspector Fail To Render Assistance Section 34 NO PERSON SHALL: a fail to comply with lawful direction, etc. b refuse to answer questions (not incriminating) c advise, incite, etc. , others not to comply d refuse or fail to provide assistance e refuse or fail to attend f insult presiding inspector / interrupt proceeding INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 85

Appeal Against Decisions Section 35 ANY PERSON MAY: 1 appeal to Chief Inspector 2 appeal within 60 days in writing 3 appeal to Industrial court if aggrieved 4 appeal within 60 days in writing 5 appeal shall suspend a prohibition INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 86

Disclosure of Information Section 36 NO PERSON: functioning i. t. o. this Act shall disclose info except a for proper administration of this Act b for purpose of administration of justice c specific H&S matters at work or at the request of the H&S Reps or committee INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 87

Acts or Omissions by Employees And Mandataries Section 37 VICARIOUS LIABILITY 1 when an employee does or fails to do something that would be an offence if an employer or user, did or failed to do it, then unless he proves the criteria was complied with, it is presumed he did or failed to the act a b c the act was without connivance or permission the act was not within the scope of authority all reasonable prevention steps were taken INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 88

Acts or Omissions by Employees and Mandataries Section 37 2 3 4 5 6 NOTE: issue of instruction is not enough! This applies to mandataries of the employer or user unless parties have agreed in writing re: mandatary to comply employees and mandataries shall also be liable state employees and mandataries shall also be liable all parties may be liable orders against employees & mandataries i. t. o. Sect 23 to be against employer or user INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 89

Offences, Penalties & Special Orders of Court Section 38 GENERAL OFFENCES R 50, 000. 00 or 12 months or both OFFENCES WHERE: an employer commits or omits and causes a negligent injury which would have been culpable homicide had the person died R 100, 000. 00 or 24 months or both INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 90

Proof of Certain Facts Section 39 1 2 3 4 5 a 5 b 6 7 Presumption as employee Proof of age Documentary evidence Wilful falsification Sale of machinery Approved authority reports Text of H&S standards H&S Committee records INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 91

Exemptions Section 40 1 2 3 a b 4 5 6 THE MINISTER MAY EXEMPT: the employer on condition and for period from any or all provisions of the Act back date to date of application “Certificate of Exemption” or in the government gazette G. G. certificates can be amended or withdrawn exemptions can lapse MOS Act exemptions are valid INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 92

Not Affected by Agreements Section 41 10 (4) purchaser relieves designer, etc. , of his duties 37 (2) agreement re: compliance by mandatary “This Act, a notice, or a condition of exemption cannot be nullified by any agreement, except as allowed for by the Act itself. ” INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 93

Delegation & Assignment of Functions Section 42 Regulations Section 43 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 94

Incorporation of H&S Standards Section 44 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 95

Serving of Notices Section 45 Jurisdiction of Courts Section 46 State Bound Section 47 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 96

Conflict of Provisions Section 48 Repeal of Laws Section 49 Short title & Commencement Section 50 INTRA-TRAIN South Africa © 2009 -2011 - Reproduction for Resale Strictly Prohibited www. safetyhealthtraining. com 97