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TRAINING ORGANISATION: PAKO CONSULTING

Copyright

All rights reserved. The copyright of this document, its previous editions and any
annexures thereto, is protected and expressly reserved. No part of this
document may be reproduced, stored in a retrievable system, or transmitted, in
any form or by any means, electronic, mechanical, photocopying, recording or
otherwise without the prior permission.

Address

22 Erslwold

Rosebank

Johannesburg

Head Office:

10 Spata Street

Highveld Ext 8

Centurion

Gauteng, South Africa

0157

Tel: (012) 752 5284 (Centurion)

Tel: (011) 037 9950 (Johannesburg)

Email:[email protected]/ [email protected]

Website: www.pakoconsulting.com.za

Contents

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 Module Alignment.............................................................................................. 5
Specific Outcomes.............................................................................................. 5
Icon Legend........................................................................................................ 5
Learner Support................................................................................................. 6
Expectations: Please Record Your Expectations.................................................6
LEARNING UNIT 1. EVOLUTION OF OCCUPATIONAL..........................................................7

HEALTH AND SAFETY ACT........................................................................................................7

The Industrial Revolution 1760 – 1800s.............................................................7

The Factory Act 1802......................................................................................... 8
MOSACT............................................................................................................. 9
OHS ACT............................................................................................................. 9
National Occupational Health and Safety Act.....................................................9
LEARNING UNIT 2. OHS ACT 85, 1993....................................................................................10

Legal Requirements......................................................................................... 10
Definitions........................................................................................................ 11
Sections of the OHS Act................................................................................... 12
22 Sets of Regulations..................................................................................... 13
What Is OHS Act About..................................................................................... 25
The Business Case of Occupational Health and Safety Stems From.................26
OHS and the Constitution................................................................................. 26
LEARNING UNIT 3. DUTIES AND RESPONSIBILITIES...........................................................27

Duties of Employer: Section 8.........................................................................27

Section 8: General Duties of Employers To Their Employees...........................28
Section 13: Duty to Inform............................................................................... 30
Section 16 - Chief Executive Officer (CEO).......................................................31
Employee Responsibilities................................................................................ 31
Section 14: General Duties of Employees at Work...........................................32
Section 15: Duty Not To Interfere With, Damage or Misuse Things..................33
The Rights of the Worker.................................................................................. 33
Health and Safety Representatives..................................................................35
Section 17: Appointment of a She Representative...........................................35
Section 18: Functions of A Health And Safety Representative.........................37

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 Section 19: She Committees............................................................................39
What is the purpose of Health and Safety committees....................................41
Section 20: Functions of Health and Safety Committees..................................42
LEARNING UNIT 4. LEGAL LIABILITY.....................................................................................43

Employer Liabilities.......................................................................................... 43
Employee Liabilities......................................................................................... 44
Inspectors......................................................................................................... 44
Section 30: Special Powers of Inspectors.........................................................46
LEARNING UNIT 5. COMMUNICATION....................................................................................47

COMMUNICATING WITH SAFETY REPRESENTATIVES.........................................47

TYPES OF COMMUNICATION............................................................................. 47
Effective Communication................................................................................. 47
Safety Signs, Symbols and Colour....................................................................49
Categories of Safety Signs............................................................................... 51
Types of Personal Protective Equipment..........................................................53
LEARNING UNIT 6. ACCIDENTS AND INCIDENTS IN THE....................................................59

WORKPLACE.............................................................................................................................59

Causes of Accidents......................................................................................... 59
Costs of Accidents............................................................................................ 60
Closing of operations........................................................................................ 63
LEARNING UNIT 7. INSPECTIONS...........................................................................................65

REPORT ON THE INSPECTION...........................................................................83

LEARNING UNIT 8. INITIATE REMEDIAL ACTION..................................................................88

SETTING UP CONTROL MEASURES...................................................................88

HIERARCHY OF CONTROLS...............................................................................89
IMPLEMENTING RISK CONTROL MEASURES......................................................89

Module Alignment
Unit Standard Alignment

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The following table illustrates the unit standard alignment in this Learning Unit.

SAQA US ID UNIT STANDARD TITLE NQF LEVEL CREFDITS

259622 Describe the functions of the Level 02 3

workplace health and safety
representative

Specific Outcomes
1. Describe the framework of workplace health and safety legislation pertaining
to health and safety representatives.
2. Explain the specified requirements to conduct safety, health and
environmental representation activities at a working place
3. Address safety, health and environment related issues within the scope of
authority.
4. Comply with the activities within safety, health and environmental
structures.

Icon Legend
The following icons may be used in this Learner Guide to indicate specific
functions:

This icon means that other books are available for

further information on a particular topic/subject.
Books

This icon refers to any examples, handouts,

References checklists, etc…

Important This icon represents important information related

to a specific topic or section of the guide.

This icon helps you to be prepared for the learning

to follow or assist you to demonstrate
Activities
understanding of module content. Shows
transference of knowledge and skill.

This icon represents any exercise to be completed

on a specific topic at home by you or in a group.

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Exercises

An important aspect of the assessment process is

proof of competence. This can be achieved by
Tasks/Projects
observation or a portfolio of evidence should be
submitted in this regard.

Workplace Activities An important aspect of learning is through

workplace experience. Activities with this icon can
only be completed once a learner is in the
workplace

Tips
This icon indicates practical tips you can adopt in
the future.

Notes
This icon represents important notes you must
remember as part of the learning process.

Learner Support
Please remember that as the programme is outcomes based – this implies the
following:

You are responsible for your own learning – make sure you manage your study,
practical, workplace and portfolio time responsibly.

Learning activities are learner driven – make sure you use the Learner Guide and
Portfolio Guide in the manner intended, and are familiar with the Portfolio
requirements.

The Facilitator is there to reasonably assist you during contact, practical and
workplace time of this programme – make sure that you have his/her contact
details.

Expectations: Please Record Your Expectations

NO EXPECTATIONS OF THE COURSE

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 LEARNING UNIT 1. EVOLUTION OF OCCUPATIONAL

HEALTH AND SAFETY ACT

The Industrial Revolution 1760 – 1800s: Before the Industrial Revolution

began in 1760, it was the norm to make a living through agriculture or the
making and selling of products from the home. With new developments in
machinery and manufacturing processes, began moving towards a society
fuelled by mass production and the factory system.

People flocked to the cities for work where there were increased opportunities for
employment in the new mills and factories. The vast number of people looking
for work, and the need for cheap labour, led to poor pay, hazardous factory
conditions and an increase in child labour. Hours were long and conditions
dangerous, with many losing their lives at work.

Many were used to climb under machinery which would often result in loss of
limbs, while others were crushed and some decapitated. Girls working at match
factories would develop phossy jaw from phosphorus fume. Children employed at
glassworks were regularly burnt and blinded, while those working at potteries
were vulnerable to poisonous clay dust. A lack of health and safety also meant
that many children developed occupational diseases such as lung cancer, and
died before the age of 25.

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The Factory Act 1802: An outcry over child labour conditions led to factory
owner, Sir Robert Peel, introducing the Health and Morals of Apprentices Act
1802, commonly known as the Factory Act. The Factory Act applied to all textile
mills and factories employing three or more apprentices or twenty employees
and required factories to;

 Have sufficient windows and opening for ventilation

 Be cleaned at least twice yearly with quicklime and water
 Limit working hours for apprentices to no more than 12 hours a day
(excluding time taken for breaks)
 Stop night-time working by apprentices during the hours of 9pm and 6am
 Provide suitable clothing and sleeping accommodation to every apprentice
 Instruct apprentices in reading, writing, arithmetic and the principles of
the Christian religion

While limited to a small portion of the workforce and with limited enforcement,
the Factory Act is generally seen as the beginning of health and safety
regulation.

Safety in the workplace was first legislated by way of the FACTORY ACT, which
was extremely prescriptive in its framework. The onus of ensuring compliance
rested squarely on the shoulders of the ‘factory engineer’. Penalties were
however ineffective, and the overall implementation was not well enforced.

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There was a clear need for a more effective mechanism to address the issues of
safety in the workplace.

The introduction of factory inspectors 1833-1868

Workers tired of spending over 12 hours a day in the factories, began a

movement to reduce working days to 10 hours, known as the “Ten Hours
Movement”. Pressure from the group led to the Factory Act 1833.

The Act extended the 12 hours working limit to all children and included woolen
and linen mills. Perhaps the most important development however, was the
introduction of factory inspectors. The inspectors were given access to the mills
and granted permission to question workers. Their main duty was to prevent
injury and overworking of child workers but were also able to formulate new
regulations and laws to ensure the Factories Act could be suitably enforced.

Despite only four inspectors being appointed for approximately 3,000 textile
mills across the country, they were able to influence subsequent legislation
relating to machinery guarding and accident reporting. A growing public interest
in worker’s welfare, influenced in part by popular writers such as Charles
Dickens, saw inspector numbers grow to 35 in 1986. The type of workplaces they
were able to enter also grew to cover the majority of workplaces.

MOSACT: An improved Act came in the form of the MOSACT. The burden of
accountability was now shifted from the factory engineer to the Chief Executive
Officer, and the penalties became more meaningful. However, there was still no
‘buy in’ from the rank and file within the workplace, and health and
environmental issues were not addressed. An amended MOSACT followed.

OHS ACT: In between, much discussion continued between various

stakeholders, eventually resulting in the OHS ACT which was very progressive by
world standards and in keeping with international trends. Issues of health,
occupational diseases, environmental pollution and the impact on persons other
than those in the workplace were all now considered. The essence of
accountability remains with the CEO but is now spread wide throughout the
entire spectrum of the workforce resulting in both employer and employee taking
responsibility for health and safety.

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National Occupational Health and Safety Act: From 2003 government
has been in the process of releasing a new safety, health and environmental
legislation called the National Occupational Health and Safety Act, this Act will be
instated anytime from now to 2009 and focuses on international standardization.
The Act will change the health and safety industry in South Africa drastically by
changing the role of importance empowered on the CEO; reasonably practical
will be replaced by absolute liability

LEARNING UNIT 2. OHS ACT 85, 1993

Legal Requirements
Unfortunately we all work in industries that have potential hazards to health and
safety which could result in accidents and occupational diseases; where people
can get injured, disabled or even killed.

No matter how aware we all are of the health and safety factors related to our
tasks, we will never be able to eliminate incidents or accidents completely.

The above is true because we must consider that the human factor as well as
environmental factors, plays a big role in the causes of accidents.

Human beings are of nature lazy and will always look for a short cut to complete
a task or assignment and we will often “get away with it”, but then we will run
out of luck, and someone will get hurt or killed.

Common Law requires management to take reasonable care for the Health and
Safety of his or her employees.

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The duty to take care of his/her employees is divided into three categories:

The employer must provide safe premises

The employer must provide safe machinery and tools

The employer must provide a safe way of doing the work

Statute Law - legislation in its various forms is by far the most important source
of law.

A legislative body such as parliament makes the Law. It is very important to

note that legislation always supersedes the Common-Law.

Definitions
Before understanding how to implement and maintain health and safety in the
workplace, you must first understand the terminology used in this field

Building Any prefabricated building or structure not attached to the soil

Employee Any person who is employed by an employer and receives remuneration

Employer Any person who provides work for any person and remunerates that
person

Employment Employment or employed as an employee

Hazard Means a source of or exposure to danger

H&S Equipment Any article which is provided or installed in the interest of health or
safety of any person

Healthy Means free from illness or injury attributable to occupational causes

Incident Means an incident as contemplated in 24(1)

Machinery Any article assembled, arranged or connected and which is used for

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 converting any form of energy to performing work

Major Incident An occurrence of catastrophic proportions, resulting from the use of

plant or machinery, or from activities at a workplace

Office An office as defined in section 1 (1) of the Basic Conditions of

Employment Act

Plant Includes fixtures, fittings, implements, equipment, tools and appliances

which is used for any purpose in connection with such plant

Premises Includes any building, vehicle, vessel, train or aircraft

Prescribed Means prescribed by regulation

Properly used Means used with reasonable care and with due regard to any
information, instruction or advice supplied by the designer, seller or
Reasonably
supplier

Practicable Means practicable having regard to the severity and scope of the hazard

Regulation Means a regulation made under section 43

Remuneration Means any payment in money or in kind or both in money and in kind

Risk Means the probability that injury or damage will occur

Safe Means free from any hazard

Means a shop as defined in section (1) of the Basic Conditions of

Shop
Employment

Substance Includes any solid, liquid, vapour, gas or aerosol, or combination thereof

Trade Union Means a trade union as defined in the Labour Relations Act

Means the person who has right of control over the use of plant or
User
machinery

Work Means to work as an employee or as a self-employed person

Workplace Means any premises or place where a person performs work in the
course of his employment

Sections of the OHS Act

South Africa now has the Occupational Health and Safety Act 85 of 1993, which
has 50 sections (each has rules and regulations) and 22 regulations.

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1. Section 1: Definitions, 16.Section 12: General duties 33.Section 25: Report to
classification and of employers regarding chief inspector
exclusions listed work regarding
2. Section 2: Establishment 17.Section 13: Duty to inform occupational disease
of Advisory Council for 18.Section 14: General duties 34.Section 26:
Occupational Health and of employees at work Victimization
Safety 19.Section 15: Duty not to forbidden
3. Section 3: Functions of interfere with, damage or 35.Section 27:
Council misuse things Designation and
4. Section 4: Constitution of 20.Section 16: Chief functions of the chief
Council executive officer charged inspector
5. Section 5: Period of office with certain duties 36.Section 28:
and remuneration of 21.Section 35: Appeal against Designation of
members of Council decision of the inspector inspectors by Minister
6. Section 6: Establishment 22.Section 36: Disclosure of 37.Section 29: Functions
of technical committees of information of inspectors
Council 23.Section 37: Acts or 38.Section 30: Special
7. Section 7: Health and omissions by employees powers of inspectors
safety policy or mandatories 39.Section 31:
8. Section 8: General duties 24.Section 38: Offences, Investigations
of employers to their penalties and special 40.Section 32: Formal
employees orders of the court inquiries
9. Section 17: Health and 25.Section 39: Proof of 41.Section 43:
safety representatives certain facts Regulations
10.Section 18: Functions of 26.Section 40: Exemptions 42.Section 44:
health and safety 27.Section 41: This Act not Incorporation of health
representatives affected by agreements and safety standards
11.Section 19: Health and 28.Section 42: Delegation in regulations
safety committees and assignment of 43.Section 45: Serving of
12.Section 20: Functions of functions notices
health and safety 29.Section 21: General 44.Section 46: Jurisdiction
committees prohibitions of magistrates’ courts
13.Section 9: General duties 30.Section 22: Sale of certain 45.Section 47: State
of employers and self- articles prohibited bound
employed persons to 31.Section 23: Certain 46.Section 48: Conflict of
persons other than their deductions prohibited provisions
employees 32.Section 24: Report to 47.Section 49: Repeal of
14.Section 10: General duties inspector regarding laws
of manufacturers and certain incidents 48.Section 50: Short title
others regarding articles and commencement
and substances for use at
work

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15.Section 11: Listed work

22 Sets of Regulations

HEALTH SCOPE OF REGULATIONS

RELATED APPLICATION
REGULATIONS
Asbestos These Regulations shall 1. Notification of asbestos work
Regulations, apply to every employer 2. Exposure to asbestos
2001 and self-employed person 3. Information and training
who carries out work at a 4. Duties of persons who may be exposed
workplace that may 5. Assessment of potential exposure
expose any person to 6. Air monitoring
asbestos dust at that 7. Medical surveillance
workplace 8. Respirator zone
9. Control of exposure to asbestos
10.Cleanliness of premises and plant
11.Control of exposure to asbestos of
persons other than employees
12.Asbestos that forms part of structure of
workplace, building, plant or premises
13.Asbestos cement sheeting and related
products
14.Records
15.Personal protective equipment and
facilities
16.Maintenance of control measures
17.Labelling, packaging, transportation and
storage
18.Disposal of asbestos
19.Demolition
20.Prohibition

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Hazardous These regulations shall 1. Classification of biological agents
Biological apply to every employer 2. Information and training
Agent and self-employed person 3. Duties of persons who might be exposed
Regulations, at a workplace where: to HBA
2001 a) HBA is deliberately 4. Risk assessment by employer or self-
produced, processed, employed person
used, handled, stored or 5. Monitoring exposure at workplace
transported; or 6. Medical surveillance
7. Records
8. Control of exposure to HBA
b) an incident, for which 9. Personal protective equipment and
an indicative list is given facilities
in Annexure A to this 10.Maintenance of control measures,
Regulation occurs that equipment and facilities
does not involve a 11.Prohibitions
deliberate intention to 12.Labelling, packaging, transporting and
work with a HBA but may storage
result in persons being 13.Special measures for health and
exposed to HBA in the veterinary isolation facilities
performance of his or her 14.Special measures for laboratories,
work. animal rooms and industrial processes
15.Disposal of HBA
Hazardous These regulations shall 1. 3. Information and training
Chemical apply to an employer or a 2. Duties of persons who may be exposed
Substances self-employed person to hazardous chemical substances
Regulations, who carries out work at a 3. Assessment of potential exposure
1995 workplace which may 4. Air monitoring
expose any person to the 5. Medical surveillance
intake of an HCS at the 6. Respirator zone
workplace. 7. Records
8. 9A. Handling of hazardous chemical

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 substances
9. Control of exposure to HCS
10.Personal protective equipment and
facilities
11.Maintenance of control measures
12.Prohibitions
13.Labelling, packaging, transportation and
storage
14.Disposal of hazardous chemical
substances
Lead These regulations shall 1. Exposure to airborne lead
Regulations, apply to every employer 2. Information and training
2001 and self- employed 3. Duties of persons who may be exposed
person at a workplace 4. Assessment of potential exposure
where lead is produced, 5. Air monitoring
processed, used, handled 6. Medical surveillance
or stored in a form in 7. Respirator zone
which it can be inhaled, 8. Records
ingested or absorbed by 9. Control of exposure to lead
any person in that 10.Personal protective equipment and
workplace. facilities
11.Cleanliness of premises and plant
15.Maintenance of control measures
16.Prohibitions
17.Labelling, packaging, transportation and
storage
12.Disposal of lead waste
Noise Induced These regulations shall 1. Exposure to noise
Hearing Loss apply to an employer or 2. Information and training
Regulations, self-employed person 3. Duties of persons who may be exposed
2003 who, at any workplace to noise

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 under his or her control, 4. Assessment of potential noise exposure
carries out work that may 5. Noise monitoring
expose any person at that 6. Medical surveillance
workplace to noise at or 7. Noise zone
above the noise-rating 8. Control of noise exposure
limit. 9. Record
10.Hearing protective equipment
11.Maintenance of control measures
Environmenta These regulations in 1. Thermal requirements
l Regulations general refers to the 2. Lighting
for physical conditions of the 3. Windows
Workplaces, work environment 4. Ventilation
1987 5. Housekeeping
6. Precautions against flooding
7. Fire precautions and means of egress
Facilities These regulations in 1. Sanitation
Regulations, general refers to sanitary 2. Facilities for safekeeping
1990 facilities, toilets, 3. Change-rooms
bathrooms, showers, 4. Dining-rooms
dining facilities, drinking 5. Prohibition
water, certain 6. Drinking water
prohibitions as well as the 7. Seats
conditions of these 8. Condition of room and facilities
facilities that forms part
of the work environment
General These regulations in 1. Access to premises
Administrativ general refers to sanitary 2. Exemption
e facilities, toilets, 3. Copy of the Act
Regulations, bathrooms, showers, 4. Health and safety committee
2003 dining facilities, drinking 5. Negotiations and consultations before
water, certain designation of health and safety

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 prohibitions as well as the representatives
conditions of these 6. Designation of health and safety
facilities that forms part representatives
of the work environment 7. Recording and investigation of incidents
8. Witness at inquiry
9. Returns
General These regulations refers 1. Personal protective equipment and
Safety to general health and facilities
Regulations, safety matters or 2. 2A. Intoxication
1986 requirements set for the 3. 2B. Display of substituted notices and
work environment signs
4. 2C. Admittance of persons
5. 3. First aid, emergency equipment, and
procedures
6. Use and storage of flammable liquids
7. Work in confined spaces
8. Work in elevated positions
9. Working in danger of engulfment
10.Stacking of articles
11.Welding, flame cutting, soldering and
similar operations
12.Operating trains
13.A. Ladders
14.B. Ramps
Electrical These Regulations shall 2. Responsibility for electrical installations
Installation apply to every user or 3. Approved inspection authorities for
Regulations, lesser of an electrical electrical installations
2009 installation as well as 4. Functions of approved inspection
Approved inspection authorities for electrical installations
authorities. 5. Design and construction
6. Electrical contractor

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 7. Certificate of compliance
8. Commencement and permission to
connect installation work
9. Issuing of certificate of compliance
10. Disputes
11. Application for registration as a
registered person
12. Withdrawal of registration and approval
13. Substitution of lost, damaged or
destroyed certificate
14. Fees payable
Electrical These Regulations shall 1. Safety equipment
Machinery apply to every employer, 2. Work on disconnected electrical
Regulations, employee and self- machinery
1988 employed person who 3. Notices
carries out work whilst 4. Switch and transformer premises
using electrical 5. Electrical control gear
machinery at a 6. Switchboards
workplace. 7. Electrical machinery in hazardous
locations
8. Portable electric tools
9. Portable electric lights
10.Electric fences
11.Inspection Authorities
12.Earthing
13.Supports
14.Clearances of power lines
15.Protective Supports
16.Insulators and Fittings
17.Conductors
18.Overhead service connections and

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 overhead service conductors
19.Crossings
20.Bare conductors on premises
21.Schemes to be submitted to the
Postmaster General
Machinery Scope of application Regulations
regulations
Driven These Regulations shall 1. Scope of Application
Machinery Re apply to every employer, 2. Revolving Machinery
gulations, employee and self- 3. Circular Saws
2015 employed person who 4. Band Saws and Band Knives
carries out work whilst 5. Wood Planning Machines
using driven machinery at 6. Wood Moulding and Mortising Machines
a workplace 7. Sanding Machines
8. Grinding Machines
9. Shears, Guillotines, Presses
10.Slitting Machines
11.Mixing, Agitating and Similar Machines
12.Rolls and Calenders
13.Washing Machines, Centrifugal
Extractors, Etc
14.Air Compressors
15.Refrigeration and Air Conditioning
Installations
16.Transportation Plants
17.Lifting machines, hand powered lifting
devices and lifting tackle
18.Approval and registration of lifting
machinery entity
19.20. Approval and registration of training
providers

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General These Regulations shall 1. 2. Supervision of machinery
Machinery apply to every employer, 2. Safeguarding of machinery
Regulations, employee and self- 3. Operation of machinery
1988 employed person who 4. Working on moving or electrically alive
carries out work whilst machinery
using machinery at a 5. Devices to start and stop machinery
workplace. 6. Reporting of incidents in connection with
machinery
7. Notifiable substances
8. 9. Information regarding regulations
Lift, Escalator These Regulations shall 1. Permission to install and use
and apply to every employer 2. Design and Construction
Passenger and self-employed who 3. Particulars of lifts, escalators or
Conveyor installs, uses and have passenger conveyors
Regulations, lifts, escalators and 4. Inspections and Tests
1994 passenger conveyors in 5. Maintenance
their workplace. 6. Record keeping

Pressure These regulations shall 1. General Requirements

Equipment apply to the design, 2. Duties of manufactures
Regulations, manufacture, operation, 3. Duties of importers and sellers
2009 repair, modification, 4. Duties of users
maintenance, inspection 5. Approved and duties of approved
and testing of pressure inspections authorities.
equipment with a design 6. Registration of steam generator
pressure equal to or 7. Pressure equipment marking
greater than 50 kPa, in 8. Pressure safety accessories
terms of the relevant 9. Inspection and test
health and safety 10.Risk based inspection
standard incorporated 11.Repairs and modifications
into these Regulations. 12.Records

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 13.Access
14.Door interlocks
15.Gas reticulation equipment and systems
16.Transportable gas containers
17. Fire extinguishers
Regulations Certificate of 2. Issue of Certificates
concerning Competency: A certificate 3. Suspension or cancellation of Certificates
the of competency as a 4. Substitution of lost, damaged or
Certificate of mechanical or electrical destroyed Certificates
Competency, engineer. Certificate will 5. Commission of Examiners
1990 be issued by Chief 6. Qualifying examination
Inspector with the 7. Acceptance as candidate
recommendations of the
Commission of Examiners
Construction These regulations apply 1. Application for Construction Work Permit
Regulations, to all persons involved in 2. Application for a permit to perform
2014 construction work. construction work.
Regulations 3 and 5 are 3. Duties of client
not applicable where the 4. Duties of Designer
construction work carried 7. Duties of Principal Contractor and
out is in relation to a Contractor
single storey dwelling for 8. Management and Supervision of
a client who intends to Construction Work
reside in such dwelling 9. Risk Assessment for Construction Work
upon completion thereof. 10.Fall Protection
11.Structures
12.Temporary works
13.Excavation
14.Demolition work
15.Tunnelling
16.Scaffolding

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 17.Suspended platforms
18.Rope Access Work
19.Material hoists
20.Bulk mixing plant
21.Explosive Actuated Fastening Device
22.Cranes
23.Construction vehicles and mobile plant
24.Electrical installations and machinery on
construction sites
25.Use and temporary storage of
flammable liquids on construction sites
26.Water environments
27.Housekeeping and general safeguarding
on construction sites
28.Stacking and storage on construction
sites
29.Fire precautions on construction sites
30.Construction employees’ facilities
31.Construction health and safety technical
committees
5. 32. Approved Inspection Authorities
Diving These regulations 6. 3. Training of divers
Regulations, basically shall apply to all 5. Designated medical practitioners,
2001 diving operations and all medical examinations and medical
persons engaged in certificates of fitness
diving operations in the 6. Diving supervisor
Republic of South Africa 7. Operations manual
or the territorial waters 8. Control of diving operations
thereof. 9. Decompression
10.Compression chambers and bells
11.Plant and equipment

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 12.Council for Diving
13.Rules, syllabi and examinations
14.Registration as learner diver
15.Registration as a diver
16.Registration as a diving supervisor
17.Applications
18.Withdrawal of certificate of registration
7. 18. Fees payable
Explosives These regulations shall 1. Classification of explosives for
Regulations, apply to any employer, manufacturing
2003 self-employed person or 2. Licensing of explosives workplaces
user who operates an 3. Non-detonable and non-sensitised
explosives workplace for explosives
the purpose of 4. Danger area
manufacturing, testing, 5. Danger buildings
storing or using 6. Safeguarding of explosives
explosives. workplace
7. Design, construction and
manufacture
8. Importation of explosives
9. Safety distances
10.Supervision of explosives workplace
11.Safe handling of explosives
12.Emergencies
13.Incidents
14.Closure of explosives workplaces
15.National Explosives Council
16.Approved inspection authorities
17.Standards of training
Major Hazard These regulations shall 1. Notification of Installation
Installation apply to employers, self- 2. Temporary Installations

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Regulations, employed persons and 3. Risk assessment
1993 users, who have on their 4. On-site Emergency Plan
premises, either 5. Reporting of risk and emergency
permanently or occurrences
temporarily, a major 6. General Duties of Suppliers
hazard installation or a 7. General duties of local government
quantity of a substance 8. Closure
which may pose a risk
that could affect the
health and safety of
employees and the
public.
Regulations These regulations is there 1. Risk assessment
on Hazardous to prohibit or place 2. Respiratory hazards
Work by conditions upon the work 3. Work in elevated position
Children in that may be required, 4. Lifting of heavy weights
SA, 2010 expected or permitted to 5. Work in cold environment
be performed by child 6. Work in hot environment
workers, and which is not 7. Work in noisy environment
prohibited in terms of any 8. Power tools and cutting or grinding
law. equipment
9. Report to department of social
development
Draft These Regulations will 1. Information and Training
Ergonomics focus on a programme 2. Duties of those who may be at Risk of
Regulations, approach to manage Exposure to Ergonomic Risk Factors
2017 physical and cognitive 3. Duties of Designers, Manufacturers and
ergonomics in the Suppliers
workplace. 4. Ergonomic Risk Assessment
5. Risk Control
These regulations shall 6. Medical Surveillance

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 apply to: 7. Maintenance of Controls
8. Record
(a) an employer or a self- 9. Ergonomics' Health and Safety Technical
employed person who Committee
carries out work at a 10.Offensives and Penalties
workplace which may
expose any person to
physical or cognitive
ergonomic risk factors in
that workplace; and
(b) a person, who
designs, manufactures,
erects, installs or supplies
machinery, equipment or
articles for use at work

What Is OHS Act About

_______________
OHS ACT Occupation:
A JOB OR PROFESSION

Health: A STATE OF BEING FREE FROM

Safety: A CONDITION OF BEING

UNLIKELY TO CAUSE DANGER, RISK OR
INJURY

An extract or citation from the Act: OCCUPATIONAL HEALTH AND

SAFETY ACT 85 OF 1993

Occupational Health and Safety Act, 1993, was designed to: Provide
for the health and safety of persons at work and for the health and safety of

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 persons in connection with the use of plant and machinery. Provide for 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.

The Business Case of Occupational Health and Safety Stems From

HUMANITARIAN

BEING NEIGHBOURLY

REGULATORY COMPLIANCE

COST CONTROL

OPERATIONAL RISK REDUCTION

LIABILITY

Occupational Health and Safety is the discipline concerned with the:

PRESERVATION
HUMAN LIFE FACILITIES RESOURCES

PROTECTION
People outside our
Persons that are not premises impacted by
Employees
employees our business and
activities

OHS and the Constitution

OHS ACT is entrenched in the Constitution of SA:
“Everyone has the right to an environment that is not
harmful to their health or wellbeing”
Enforcement of the OHS Act
The OHS Act is enforced by the Department of Labour, whose
inspectors may:

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  Enter any workplace without prior notice;
 Request any document;
 Inspect any condition, process, plant or article;
 Take samples or seize any article;
 Question or summon any person within the workplace.

LEARNING UNIT 3. DUTIES AND

RESPONSIBILITIES

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Duties of Employer: Section 8

The Employer must provide and maintain all the equipment that is
necessary to do the work, and all the systems according to which work
must be done, in a condition that will not affect the Health and Safety of
workers.
 Before personal protective equipment may be used, the employer must
first try to reduce any danger that may affect the Health and Safety of his
workers. Only when this is not practical, should he resort to personal
protective equipment.
 The employer must take measures to protect his or her workers’ Health
and Safety against hazards that may result from the production,
processing, use, handling, storage or transporting of articles or
substances, in other words, anything that workers may come into contact
with at work.
 To ensure that these duties are complied with, the employer must do the
following

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  Identify potential hazards, which may be present while work is carried out,
something is being produced, processed, used, stored or transported, and
any equipment is being used.
 Establish the precautionary measures that are necessary to protect his or
her workers against the identified hazards and provide the means to
improve the means to implement these precautionary measures.
 Provide the necessary information, instructions, training and supervision
while keeping the extent of workers’ competence in mind. In other words,
what they may do and may not do.
 Not permit anyone to carry on with any task unless the necessary
precautionary measures have been taken.
 Take steps to ensure that every person under his or her control complies
with the requirement of the Act.
 Enforce the necessary control measures in the interest of health and
safety.
 See to it that the work being done and the equipment used, is under
general supervision of a worker who has been trained to understand the
hazards associated with the work. Such a worker must ensure that the
precautionary measures are implemented and maintained.

Section 8: General Duties of Employers To Their Employees

In terms of Section 8 of the Act: Every employer shall provide and

maintain, as far as is reasonably practicable, a working environment that
is safe and without risk to the health of his employees

This include:

 The provision and maintenance of systems of work, plant and machinery

that, as far as is reasonably practicable, are safe and without risks to
health.
 Taking steps to eliminate or minimise any hazard or potential hazard to
the safety or health of employees, before resorting to personal protective
equipment.

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  Ensuring the safety and absence of risks to health in connection with the
production, processing, use, handling, storage or transport of articles or
substances.
 Establishing what hazards to the health or safety of persons exist, what
precautionary measures should be taken with respect to such hazard and
providing the necessary means to apply such precautionary measures.
 Providing information, instructions, training and supervision necessary to
ensure the health and safety at work of his employees.
 Not permitting any employee to do any work unless the prescribed
precautionary measures have been taken.

Taking all necessary measures to ensure that the requirements of this

Act are complied with by every person in his employment or on
premises under his supervision where plant or machinery is used.

 Enforcing such measures in the interest of

health and safety.
 Ensuring that work is performed under
supervision of a person who will ensure that
precautionary measures taken by the
employer are implemented.
 Inform employees regarding the scope of their
authority. (Refer to Section 37 of the Act.)

Section 13: Duty to Inform

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The Employer must see to it that every worker is informed and clearly understands the
Health and Safety hazards in the workplace or any work he or she are to do, anything
being produced, processed, used, stored, handled or transported, and any equipment or
machinery being used. The Employer must then provide information about
precautionary measures against these hazards.

The Employer must inform Health and Safety Representatives

 When an inspector notifies him or her of inspections and investigations to be

conducted at the premises.
 Of any application for exemption made, or of any exemption granted to him or
her in terms of the Act. Exemption means being exempted from certain provisions
of the Act, regulations, notices or instructions issued under the Act.
 Inform a health and safety representative as soon as reasonably practicable of
the occurrence of an incident in the workplace or section of the workplace for
which such representative has been designated.

An incident is an event that occurs in the workplace where a person is killed injured or
becomes ill. It is also the spillage of hazardous chemical substance, for example, where
a tank leaks formaldehyde (a chemical product used in industry) due to a faulty valve, or
where machinery runs out of control, without killing or injuring anyone)

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Section 16 - Chief Executive Officer (CEO)

CHIEF EXECUTIVE OFFICER CHARGED WITH CERTAIN DUTIES

Ensure that the duties of the employer are properly

Discharged.

The CEO may assign duties to any person who shall act
Under his/her control and direction.

The assignment of duties shall not relieve the

COE of his Responsibility / liability

Employee Responsibilities
Main Duty: All employees will ensure their own health and safety
as well the health and safety of person that might directly or
indirectly be affected by their acts or omissions.

Sub Duties:

COMPLY REPORT

• OHS ACT • HAZARDS

• EMPLOYER • INCINDENT/ACCIDENT

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Section 14: General Duties of Employees at Work

In terms of section 14 of the act: all employees must:

CARE OF OTHERS
CARE OF THEIR WHO MAY BE
DUTIES OF EMPLOYEE AFFECTED BY
OWN H & S
THEIR ACTS OR
OMISIONS

CO- OPERATE CARRY OUT ANY

WITH THE
LAWFUL ORDER,
EMPLOYER
OBEY H&S RULES

REPORT ANY
UNSAFE
SITUATION

1. Take reasonable care for the health and safety of himself and of other
persons who may be affected by his acts or omissions
2. As regards any duty or requirement imposed on his employer or any other
person by this Act, co-operate with such employer or person to enable that
duty or requirement to be performed or complied with
3. Carry out any lawful order given to him, and obey the health and safety
rules and procedures laid down by his employer or by anyone authorized
thereto by his employer, in the interest of health or safety;
4. If any situation which is unsafe or unhealthy comes to his attention, report
such situation as soon as practicable to his employer;
5. If he is involved in any incident which may affect his health or which has
caused an injury to himself, report such incident to his employer or to
anyone authorized thereto by his employer (i.e. supervisor) as soon as
possible but not later than the end of his shift during which the incident
occurred;

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Section 15: Duty Not To Interfere With, Damage or Misuse Things

In terms of Section 15 of the Act:

No person shall intentionally or recklessly interfere with, damage or misuse

anything which is provided in the interest of health or safety. A person may, for
example not remove a safety guard from a machine and use the machine or
allow anybody else to use it without such a guard.

The Rights of the Worker

The Act instills three basic rights for every worker:

RIGHT TO KNOW RIGHT TO RIGHT TO REFUSE UNSAFE

WORK
PARTICIPATE

How? How? How?

Ask questions about Consider participating on Report the issue to your

potential hazards if you the Health and Safety supervisor and a member of the
are unsure Committees JHSC stating that this is a "work
refusal" or a "refusal to work"
situation

The right to information

The worker must have access to:

 The occupational Health and Safety Act and Regulations.

 Health and Safety rules and Procedures of the workplace.

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  Health and Safety standards of the workplace that must be kept by the
employer.
 The worker may request the employer to inform him or her regarding the
following:
 Health and Safety hazards in the workplace.

The precautionary measures, which must be taken.

 The procedure that must be followed if a worker is exposed to substances

hazardous to health.
 The worker may request that his or her private medical practitioner
investigate his or her medical and exposure records.
 If the worker is a Health and Safety Representative, he or she may
investigate and comment in writing on exposure assessments and
monitoring reports

The right to comment on legislation and make representations

The worker may comment or make representations on any regulation or safety

standard published under the Occupational Health and Safety Act.

The right not to be victimized

 An employer may not dismiss a worker from his service, reduce a worker’s
salary or reduce a worker’s service conditions because:
 The worker supplied information, which is required of him or her in terms
of the Act, to someone who is charged with the administration of the
Occupational Health and Safety Act.
 The worker complied with a lawful notice, (e.g. a prohibition, contravention
notice, etc.)
 The worker did something in terms of the Act that should have been done.
 The worker did not do something in terms of the Act that is prohibited.
 The workers have given evidence before the Labour Court or a court of law
on matters regarding Health and Safety.

The right to appeal

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The worker may appeal against the decision of an inspector. Appeals must be
revered in writing to: The Chief Inspector, Occupational Health and Safety,
Department Of Labour, Private Bag X117, Pretoria, 0001

Health and Safety Representatives

SHE Representative: A person that Represent employees at management level

regarding Safety, Health and Environmental Issues.

Elected: The employees must elect under themselves a person they want to
represent them regarding Safety, Health and Environmental issues in the
workplace.

Appointed: After a person has been selected and meet the requirements, that
person will then be appointed in writing by the employer as a SHE
Representative for the designated work area.

Requirements: Before you can become a SHE Representative, minimum

requirements must be met, viz:

 SHE Representative training

 Know the activities at the designated workplace
 Permanently employed

Section 17: Appointment of a She Representative

Appointment of she representatives is a legal requirement by the OHS act.

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The following is the requirement in all designated working environments:

Construction: 20 Employees = 1 SHE Representative (Ratio of 1:50 after 20) for

each workplace at each shift.

Example: You have 150 employed persons, how many SHE Representatives do
you need? For the first 20 employees you need one SHE Representative after
that you work on a ratio of 1 SHE Representative to 50 employees. So, the
employer of 150 employees should have 4 SHE Representatives.

Office / Shops: 100 Employees = 1 SHE Representative (Ratio 1:100)

In terms of Section 17 of the Act:

1) Subject to the provisions of subsection (2), every employer who has more than
20 employees in his employment at any workplace, shall, within four months
after the commencement of this Act or after commencing business, or from such
time as the number of employees exceeds 20, as the case may be, designate in
writing for a specified period health & safety representatives for such workplace,
or for different sections thereof.

2) An employer and the representative of his employees recognized by him or,

where there are no such representatives, the employees shall consult in good
faith regarding the arrangements and procedures for the nomination or election,
period of office and subsequent designation of health and safety representatives
in terms of subsection (1): Provided that if such consultation fails, the matter
shall be referred for arbitration to a person mutually agreed upon, whose
decision shall be final: Provided further that if the parties do not agree within 14
days on an arbitrator, the employer shall give notice to this effect in writing to
the President of the Industrial Court, who shall in consultation with the chief
inspector designate an arbitrator, whose decision shall be final.

3) Arbitration in terms of subsection (2) shall not be subject to the provisions of

the Arbitration Act, 1965 (Act No. 42 of 1965), and a failure of the consultation
contemplated in that subsection shall not be deemed to be a dispute in terms of
the Labour Relations Act, 1956 (Act No. 28 of 1956): Provided that the Minister
may prescribe the manner of arbitration and the remuneration of the arbitrator
designated by the President of the Industrial Court.

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4) Only those employees employed in a full-time capacity at a specific workplace
and who are acquainted with conditions and activities at that workplace or
section thereof, as the case may be, shall be eligible for designation as health
and safety representatives for that workplace or section.

5) The number of health and safety representatives for a workplace or section

thereof shall in the case of shops and offices be at least one health and safety
representative for every 100 employees or part thereof, and in the case of all
other workplaces at least one health and safety representative for every 50
employees or part thereof: Provided that those employees performing work at a
workplace other than that where they ordinarily report for duty, shall be deemed
to be working at the workplace where they so report for duty.

6) If an inspector is of the opinion that the number of health and safety

representatives for any workplace or section thereof, including a workplace or
section with 20 or fewer employees, is inadequate, he may by notice in writing
direct the employer to designate such number of employees as the inspector
may determine as health and safety representatives for that workplace or
section thereof in accordance with the arrangements and procedures referred to
in subsection (2).

7) All activities in connection with the designation, functions and training of

health and safety representatives shall be performed during ordinary working
hours, and any time reasonably spent by any employee in this regard shall for all
purposes be deemed to be time spent by him in the carrying out of his duties as
an employee.

i. Legal Reference – General Administrative

Regulation 7

Section 18: Functions of A Health And Safety Representative

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In terms of Section 18 of the Act:

1) A health and safety representative may perform the following functions in

respect of the workplace or section of the workplace for which he has been
designated, namely -

a. review the effectiveness of health and safety measures;

b. identify potential hazards and potential major incidents at the workplace;
c. in collaboration with his employer, examine the causes of incidents at the
workplace;
d. investigate complaints by any employee relating to that employee's health
or safety at work;
e. make representations to the employer or a health and safety committee
on matters arising from paragraphs (a), (b), (c) or (d), or where such
representations are unsuccessful, to an inspector;
f. make representations to the employer on general matters affecting the
health or safety of the employees at the workplace;
g. inspect the workplace, including any article, substance, plant, machinery
or health and safety equipment at that workplace with a view to the health
and safety of employees, at such intervals as may be agreed upon with
the employer: Provided that the health and safety representative shall
give reasonable notice of his intention to carry out such an inspection to
the employer, who may be present during the inspection;
h. participate in consultations with inspectors at the workplace and
accompany inspectors on inspections of the workplace;
i. receive information from inspectors as contemplated in section 36; and
j. In his capacity as a health and safety representative attend meetings of
the health and safety committee of which he is a member, in connection
with any of the above functions.

2) A health and safety representative shall, in respect of the workplace or section

of the workplace for which he has been designated be entitled to--

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 a. visit the site of an incident at all reasonable times and attend any
inspection in loco;
b. attend any investigation or formal inquiry held in terms of this Act;
c. in so far as is reasonably necessary for performing his functions, inspect
any document which the employer is required to keep in terms of this Act;
d. accompany an inspector on any inspection;
e. with the approval of the employer (which approval shall not be
unreasonably withheld) , be accompanied by a technical adviser, on any
inspection; and
f. Participate in any internal health or safety audit.

3) An employer shall provide such facilities, assistance and training as a health

and safety representative may reasonably require and as have been agreed
upon for the carrying out of his functions.

4) A health and safety representative shall not incur any civil liability by reason
of the fact only that he failed to do anything which he may do or is required to do
in terms of this Act.

Section 19: She Committees

In terms of Section 19 of the Act:

1) An employer shall in respect of each workplace where two or more health and
safety representatives have been designated, establish one or more health and

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safety committees and, at every meeting of such a committee as contemplated
in subsection (4), consult with the committee with a view to initiating,
developing, promoting, maintaining and reviewing measures to ensure the
health and safety of his employees at work.

2) A health and safety committee shall consist of such number of members as

the employer may from time to time determine: Provided that -

a. if one health and safety committee has been established in respect of a

workplace, all the health and safety representatives for that workplace
shall be members of the committee;
b. if two or more health and safety committees have been established in
respect of a workplace, each health and safety representative for that
workplace shall be a member of at least one of those committees; and
c. The number of persons nominated by an employer on any health and
safety committee established in terms of this section shall not exceed the
number of health and safety representatives on that committee.

3) The persons nominated by an employer on a health and safety committee

shall be designated in writing by the employer for such period as may be
determined by him, while the health and safety representatives shall be
members of the committee for the period of their designation in terms of section
17(1).

4) A health and safety committee shall hold meetings as often as may be

necessary, but at least once every three months, at a time and place determined
by the committee: Provided that an inspector may by notice in writing direct the
members of a health and safety committee to hold a meeting at a time and place
determined by him: Provided further that, if more than 10 per cent of the
employees at a specific workplace has handed a written request to an inspector,
the inspector may by written notice direct that such a meeting be held.

5) The procedure at meetings of a health and safety committee shall be

determined by the committee.

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6. A health and safety committee may co-opt one or more persons by reason of
his or their particular knowledge of health or safety matters as an advisory
member or as advisory members of the committee.

7) If an inspector is of the opinion that the number of health and safety

committees established for any particular workplace is inadequate, he may in
writing direct the employer to establish for such workplace such number of
health and safety committees as the inspector may determine.

Health and Safety Committees

What is the purpose of Health and Safety committees: Members meet in

order to initiate, promote, maintain and review measures of ensuring the Health
and Safety of workers.

When Health and Safety committees must be established: At least one

committee must be established when two or more representatives are
designated

How many members does a Health and Safety committee comprise: The
employer determines the number of Health and Safety committee members,
based on the following:

 If only one committee has been established for a workplace, all the
representatives must be members of that committee.
 If two or more have been established for a workplace, each representative
must be a member of at least one of those committees.

Therefore, every representative must be a member of a committee.

Employer representatives: The employer may also nominate other persons to

represent him or her on a committee but such nominees may not be more than
the number of representatives designated on that committee.

If however, an inspector is of the opinion that the number of committees in the

workplace is inadequate, he or she may determine the establishment of
additional committees

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How often do Health and Safety Representatives meet?

 They meet whenever it is necessary, but at least once every three months.
 The committee determines the time and place.
 However, if 10% or more of the workers put a request for a meeting to the
inspector, the inspector may order that such a meeting be held at a time
and place which he or she determines.

Who determines the procedure of the meetings: The members of the

committee elect the chairperson and determine his or her period of office,
meeting procedures, etc.

May Health and Safety Committees consult experts for advice: Yes,
committees may co-opt persons as advisory members for their knowledge and
expertise on Health and Safety matters. However, an advisory member does not
have any voting powers.

What do Health and Safety Committees do: The committees only deal with
Health and Safety matters in the workplace or sections thereof, for which such
committees have been established.

Section 20: Functions of Health and Safety Committees

In terms of Section 20 of the Act:

1) A health and safety committee --

may make recommendations to the employer or, where the recommendations

fail to resolve the matter, to an inspector regarding any matter affecting the
health or safety of persons at the workplace or any section thereof for which
such committee has been established;

shall discuss any incident at the workplace or section thereof in which or in

consequence of which any person was injured, became ill or died, and may in
writing report on the incident to an inspector; and shall perform such other
functions as may be prescribed.

2) A health and safety committee shall keep record of each recommendation

made to an employer in terms of subsection (1) (a) and of any report made to an
inspector in terms of subsection (1) (b).

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3) A health and safety committee or a member thereof shall not incur any civil
liability by reason of the fact only that it or he failed to do anything which it or he
may or is required to do in terms of this Act.

4) An employer shall take the prescribed steps to ensure that a health and safety
committee complies with the provisions of section 19(4) and performs the duties
assigned to it by subsections (1) and (2).

LEARNING UNIT 4. LEGAL LIABILITY

LEGAL LIABILITY

According to the online dictionary,

liability can be briefly defined as the–

state of being legally responsible for something’

or

‘A person or a thing whose presence or behaviour is likely to put one at a

disadvantage’.

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Liability is therefore a position in which an individual or company finds
themselves as a consequence of a person or a thing – including legislation –
imposing a responsibility and/or obligation on such individual or company.

Employer Liabilities
Offences, Penalties and Special Orders of Court

In terms of Section 38(2) of the Act:

“Any employer who does or omits to do an act, thereby causing any person to be
injured at a workplace, or, in the case of a person employed by him, to be injured
at any place in the course of his employment, or any user who does or omits to
do an act in connection with the use of plant or machinery, thereby causing any
person to be injured, shall be guilty of an offence if that employer or user, as the
case may be, would in respect of that act or omission have been guilty of the
offence of culpable homicide had that act or omission caused the death of the
said person, irrespective of whether or not the injury could have led to the death
of such person, and on conviction be liable to a fine not exceeding R100 000 or
to imprisonment for a period not exceeding two years or to both such fine and
such imprisonment.”

Employee Liabilities
Offences, Penalties and Special Orders of Court

In terms of Section 38(1) (p) of the Act:

Any person who –

Wilfully or recklessly does anything at a workplace which threatens the health or

safety of any person, shall be guilty of an offence and on conviction be liable to a
fine not exceeding R50 000 or to imprisonment for a period not exceeding one
year or to both such fine and such imprisonment.

 For a person – up to R50 000 or imprisonment.

 Fines of up to R100 000 or
 imprisonment of 2 yrs. or as determined by the Court

Refer to a copy of the Act and study the other paragraphs of Section 38(1),
where offences are discussed in detail.

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Inspectors
Designation of Inspectors by Minister

In terms of Section 28 of the Act:

The Minister may designate any person as an inspector to perform the functions
assigned to an inspector by this Act.

Each designated inspector must have a certificate signed by or on behalf of the

Minister, stating that he has been designated as an inspector.

Inspectors may be required to produce such a certificate on demand during

performance of their functions under this Act.

Functions of Inspectors

In terms of Section 29 of the Act:

An inspector may, for the purposes of this Act -

Without previous notice, at all reasonable times enter any workplace.

Question any person in the workplace on any matter to which this Act relates.

Require from any person in possession or control of a book, record or other

document on or in the workplace, to produce to him such book, record or other
document.

Examine any such book, record or other document or make a copy thereof or an
extract therefrom.

Require from such a person an explanation of any entry in such book, record or
other document.

Inspect any article, substance, plant or machinery which is used in the

workplace, or any work performed, or any condition prevalent in the workplace.
He may also remove for examination or analysis any article, substance, plant or
machinery or a part or sample thereof.

Seize any such book, record or other document or any such article, substance,
plant or machinery or a part or sample thereof which in his opinion may serve as
evidence at the trial of any person charged with an offence under this Act or the
common law.

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The employer may make copies of documents before such seizure.

Direct any employer, employee or user, including any former employer,

employee or user, to appear before him on any matter to which this Act relates.

Perform any other function as may be prescribed.

An interpreter, a member of the South African Police or any other assistant may,
when required by an inspector, accompany him when he performs his functions
under this Act. For the purposes of this Act an inspector's assistant shall, while
he acts under the instructions of an inspector, be deemed to be an inspector.

When an inspector enters any workplace the employer and employees

performing any work must at all times provide the inspector with facilities to
enable him and his assistant (if any) to perform effectively and safely his or their
functions under this Act.

When an inspector removes or seizes any article, substance, plant, machinery,

book, record or other document he must issue a receipt to the owner or person
in control thereof.

Section 30: Special Powers of Inspectors

In terms of Section 30 of the Act:

Inspectors may serve the following documents on employers, should he feel that
the measures implemented by the employer do not conform to prescribed
standards:

i. Non-compliance notice – This directs an employer to appear at an

enquiry to investigate alleged non-compliance with the requirements of
the Act. Should an employer not be happy with the actions of the
inspector, he may appeal to the Chief Inspector in writing within 60 days.
ii. Prohibition notice: In the case of threatening danger an inspector may
prohibit a particular action, process, or the use of a machine or
equipment, by means of a prohibition notice. No person may disregard the
contents of such a notice and compliance must take place with immediate
effect.

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iii. Contravention notice: If a provision of a regulation is contravened, the
inspector may serve a contravention notice on the workers or the
employer. A contravention of the Act can result in immediate prosecution,
but in the case of a contravention of a regulation, the employer may be
given the opportunity to correct the contravention with in a limit specified
in the notice, which is usually 60 days.
iv. Improvement notice: Notice is given in writing to the employer as to
what steps are to be taken to remedy the problem.

Where the Health and Safety measures which the employer has instituted do not
satisfactorily protect the Health and Safety of the workers, the inspector may
require the employer to bring about more effective measures. An improvement
notice, which prescribes the corrective measures, is then served on the
employer.

v. Other powers: To enable the inspector to carry out his or her duties, he
or she may enter any workplace or premises where machinery or
hazardous substances are being used and question or serve a summons
on persons to appear before him or her. The inspector may request that
any documents be submitted to him or her, investigate and make copies
of the documents, and demand an explanation about any entries in such
documents.

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 LEARNING UNIT 5. COMMUNICATION

COMMUNICATING WITH SAFETY REPRESENTATIVES

Good communication is essential for the success of any safety, health and
environmental system within an organisation. Proper and official channels should
be generated and retained to ensure effective communication. The line manager
or foreman should always encourage communication. This could be done by
asking employees and safety representatives what hazards they are aware of.
Toolbox talks, inspection lists and the use of suggestion box could be used
during this process.

TYPES OF COMMUNICATION
Effective communication requires that the message is correctly interpreted and
understood. Four forms:

 One way communication

 Two way communication
 Formal communication and
 Informal communication.

Effective Communication
Listening

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Listening is critical to our ability to influence change. Listening is not a passive
activity; it is actually a dialogue, not a monologue. How can we know what our
customer needs, wants or is trying to get across, if we don’t listen? It’s often so
easy to hear past what a person is really saying and what you want to hear

Influencing

Let’s be honest, by the time you retire from the realm of EHS, you are going to
be an expert in the area of influencing! One minute you are going to be selling
the importance of wearing PPE to employees on the floor, in the next hour you
could be trying to convince the CEO why you need to continue investing in the
company OHS management programme.

People Skills

One of my favourites! I really think that you have to be a true people person to
get the best out of this career. Without it, you will be flying solo. To be honest, if
you wanted to study and work in this area, you must have a genuine empathy for
humankind and for the environment. Genuine empathy (not sympathy) for your
fellow employees is what is going to drive you to do your utmost to help protect
them. It’s about getting out there and meeting people in every area, seeing them
in their workplace, learning from them what the issues are. Being able to
converse with them and use the time spent together to build a picture of their
priorities.

Written Skills:

There is a certain side of EHS where sometimes I think you need a PR manager!
There is always so much to consider before you start writing up your latest
newsletter or a monthly update to managers. Every topic can be sensitive and
every audience different. It is critical that you have the writing skills to pull it off
every time, otherwise you are wasting your time and it will be an opportunity
lost.

Verbal Skills

Being able to get your point across and influence in the best possible way. It is
important that you are able to verbalise in a clear, concise and informative way.

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Make sure you are showing the benefits to your customer, that you are speaking
their language. Keep it simple and to the point. You will need to be able to use a
variety of methods to talk to people about difficult EHS issues, so that you can
help them improve their safety habits.

Interaction with Senior Management

It is crucial for the success of any EHS programme that you are able to converse
with and influence senior management. Getting senior management to buy into
a new safety initiative is integral. Alternatively, you must be able to give them
the best advice available if they feel that there are EHS issues that they want to
promote.

The above are the main communication skills a SHE Rep should have. They may
not come naturally, but they are for sure worth working on. Pretty broad ranging,
I’m sure you would agree. Not a role for the faint hearted, almost a vocation
some would say.

Safety Signs, Symbols and Colour

The use of symbols and graphical images is a simple safety system used to
convey safety messages at a glance. Colours and symbols appropriately used
can provide information and warnings of hazards which are essential to safety at
work, and in some instances may be independent of language

The Health and Safety (Safety Signs and Signals) Regulations 1996 require
employers to provide and maintain safety signs where there is significant risk
to health and safety that has not been avoided or controlled by other means
(e.g. safe systems of work) provided that the use of a sign can help reduce the
risk. They also require, where necessary, the use of road traffic signs in
workplaces to regulate road traffic. Employers must also ensure that all
employees receive appropriate information, instruction and training regarding
safety signs. Although most signs are self-explanatory, some employees
(particularly young or new workers) may be unfamiliar with the signs used.

What is a safety sign?

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 A safety and/or health sign is defined as ‘information or instruction about
health and safety at work on a signboard, a colour, an illuminated sign
or acoustic signal, a verbal communication or hand signal.’

A signboard is a combination of shape, colour and symbol or pictogram made

visible by adequate lighting and which may have supplementary text. See the
table below to understand the purpose of different safety signs and their
properties:

Colour Meaning or Instruction & Intrinsic Features

Purpose Information

RED Prohibition/ Dangerous Round shape; black

Danger alarm behaviour; stop; pictogram on white
shutdown; background; red
emergency cut- edging and
out devices;
diagonal line; red part
evacuate
to be at least 35% of
the area of the sign

YELLOW or AMBE Warning Be careful; take Triangular shape;

R precautions; black pictogram on
examine yellow background
with black edging;
yellow part to be at
least 50% of the area
of the sign

BLUE Mandatory Specific Round shape; white

behaviour or pictogram on blue
action e.g. wear background; blue part
personal to be at least 50% of

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 protective the area of the sign
equipment

GREEN Emergency Doors; exits; Rectangular or square

escape; first aid. escape routes shape; white
No danger equipment and pictogram on green
facilities Return background; green
to normal part to be at least 50%
of the area of the sign

RED (fire-fighting Firefighting Identification & Rectangular or square

signs) equipment location shape; white
pictogram on red
background; red part
to be at least 50% of
the area of the sign

Categories of Safety Signs

Type Shape Colour Pictograms

PROHIBITION SIGNS RED with a white

These signs prohibit background red
Circular
actions detrimental to band and
safety No Smoking crossbar.

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WARNING SIGNS
YELLOW with
These signs give
Triangular black symbol or
warning of potential
text
risks Triangular

MANDATORY SIGNS
Signs that require
BLUE with symbol
actions or activities Circular
or text in white
that will contribute
towards safety

SAFE CONDITION
SIGNS
GREEN with white
These signs indicate Rectangular
symbol or text
exit routes in the event
of a fire or emergency

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 FIRE EQUIPMENT SIGNS
These signs are used Rectangular Red with white
to indicate the location or Circle symbols or text
of fire equipment

Green, Red,
Supplementary Yellow, with
Rectangular
Information Signs White or Black
Text

Types of Personal Protective Equipment

Head Protection Hard hats provide protection for the head in

areas where danger of falling or flying
objects exists, or where the head could be
bumped against low structures.

However, this protection could also be lost

when a hard hat is cracked or the insert is
damaged or missing. Hard hats must never
be used as a seat or a bucket or for any other
purpose except that for which they were
designed. Hardhat lining must be washed
when dirty and at least on a monthly basis.

Earplugs and earmuffs provide protection Hearing Protection

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 for the ear in noisy, hazardous areas, to
prevent loss of hearing. Ear protectors
must be maintained in an efficient and
sanitary condition at all the times. They
should be stored in clean, dusty-free
containers; otherwise, users could suffer
from infection of the ears.

Eye and Face Protection Different situation will require

different safety equipment. It is
important the most the most
effective eye protection is worn
and that the care must be taken
when storing and cleaning this
safety equipment as the lenses
can scratch and thus causing a
reduction in sight. Stores these
equipment in such a way that
the lenses will not scratch

provide protection for the eyes Safety spectacles

and must be worn where the
danger of flying particles exist,
e.g. where metal hand tool are
used, such as chisel

Full-face shield must be worn when

grinning work is done, and where splashing
hazard exist.

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Safety goggles must be worn in all dusty areas. All
involved in flames cutting, welding or
brazing operations, wear welding
goggles.

Hand Safety gloves provide protection

Protection for hands and must be worn if
there is a chance that employees
could suffer injuries to the hands,
e.g. cuts or severe abrasions.
Safety gloves must be kept clean
and in a good condition and must
never be neglected and left to lie
around haphazardly.

There are two kinds of protection available Breathing

Theses respirators have filters, cartridges,

or canisters that remove contaminants
from the air by passing the ambient air
protection
through the air purifying element before it
reaches the user. These filters have a
limited life span and have to be replacing
at regular intervals.

These supply clean air directly to the Air Supplied types

user from a source other than the air
surrounding the user. The clean air is
supplied by means of air hose “and this

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 hose will have to be attached to the
worker. Care must be taken as not to
damage the “air hose”

Before using respirator, make sure that the

respirator will offer the required protection
and that all the parts are in a good working
conditions.

Safety shoes are fitted with steel

toecaps and provide protection to
the feet against falling objects.
Safety shoes and lasses must be
kept in a good condition (cleaned Foot
and polished regularly) and must
never be neglected

Protection

Protective clothing Overalls are issued to employees to reduce

the possibility of injury caused by contact or
radiated heat, cold, abrasive or sharp
surfaces. Loose, tattered clothing worn by
employees is not only indicative of an untidy
method of working, but is also a hazard as it
is likely to get caught in moving machine
parts.

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 Safe harness Safety belt, harness, lifelines,
and climbing shoes are essential
to protect employees carrying
out hazardous work above
ground level. These items must
be kept in an excellent state of
repair and maintenance must be
done un strict supervision. This
equipment must be stored as per
the equipment manufacturer’s
instructions.

Face Shield –Memory Foam , Elastic

Band for Comfort

Surgical Mask

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 Different Types of Signage Pertaining To Ppe

SAFETY SIGN MEANING

Head protection

Head protection shall be worn in all designated areas

and construction areas. Hardhats offer protection
against bumps and falling objects

Safety shoes

It is recommended that approved safety shoes be

worn to protect your feet. Different safety shoes for
different conditions e.g. shoes that offer protection
against slipping, acids, crushing, liquids, etc.

Hearing Protection

Hearing protection will be worn. There are many

different types of hearing protection available, each
with its own noise reduction capabilities, use the type
as prescribed by your employer.

Gloves

Appropriate gloves and aprons shall be worn handling

hazardous chemicals and abrasive materials.

Aprons shall be worn

Wearing protective aprons. Workers working with or

cutting and welding of metals will normally do this.

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 LEARNING UNIT 6. ACCIDENTS AND INCIDENTS IN
THE
WORKPLACE

Causes of Accidents
An accident: is an undesired event caused by unsafe acts or unsafe conditions
that cause physical harm or has the potential for harm or the potential for loss.

The Occupational Safety and Health Administration (OSHA), defines the terms

An incident: is defined as an unplanned event that does not result in personal injury but
may result in property damage or is worthy of recording.

The three contributing factors that result in accidents are as follows.

Unsafe acts: 88%

Unsafe conditions: 10%

Acts of providence: 2%

98 % of all accidents can be prevented. The causes of these accidents

are things people do wrong in the work place.

2 000 000 Accidents were investigated and it was found that for every one major
accident that caused death or disablement there can be 10 accidents that only
caused minor injuries where only First Aid treatment was required, and 30
accidents that caused property damage.

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Costs of Accidents
All unwanted incidents cost money. Total costs are often difficult to measure,
but we do know that there are always hidden expenses that must be identified
and taken into account. Even a basic incident costs a great deal. Costs must be
measured in terms of the effect on the individual, the community, as well as the
financial loss.

Social impact

Victims and their dependents could suffer great pain, discomfort, hardship,
sorrow and even psychological effects for many years, following a disabling
occupational disease or injury. The loss of earning power of someone who has
contracted asbestosis or lost an arm will affect him or her in an unimaginable
way.

Financial impact

The iceberg (shown on the next page) depicts the situation quite clearly, i.e.: the
portion below the surface is far greater than the exposed peak. This applies to
the cost of a loss-producing incident. The accumulative effects of all the
incidents have a dramatic effect on the organisation's profits, as well as the
national economy.

Visible Costs

Hidden
Costs

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OHS Act

The following is an extract from the OHS Act about non-compliance to the OHS
Act:

Acts or omissions by employees or mandatories

Whenever an employee does or omits to do any act which it would be an offence

in terms of this Act for the employer of such employee or a user to do or omit to
do, then, unless it is proved that-

in doing or omitting to do that act the employee was acting without the
connivance or permission of the employer or any such user;

it was not under any condition or in any circumstance within the scope of the
authority of the employee to do or omit to do an act, whether lawful or unlawful,
of the character of the act or omission charged; and

all reasonable steps were taken by the employer or any such user to prevent any
act or omission of the kind in question, the employer or any such user himself
shall be presumed to have done or omitted to do that act, and shall be liable to
be convicted and sentenced in respect hereof; and the fact that he issued
instructions forbidding any act or omission of the kind in question shall not, in
itself, be accepted as sufficient proof that he took all reasonable steps to prevent
the act or omission.

The provisions of subsection (1) shall mutatis mutandis apply in the case of a
mandatory of any employer or user, except if the parties have agreed in writing
to the arrangements and procedures between them to ensure compliance by the
mandatory with the provisions of this Act.

Whenever any employee or mandatory of any employer or user does or omits to

do an act which it would be an offence in terms of this Act for the employer or
any such user to do or omit to do, he shall be liable to be convicted and
sentenced in respect thereof as if he were the employer or user.

Whenever any employee or mandatory of the State commits or omits to do an

act which would be an offence in terms of this Act, had he been the employee or

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mandatory of an employer other than the State and had such employer
committed or omitted to do that act, he shall be liable to be convicted and
sentenced in respect thereof as if he were such an employer.

Any employee or mandatory referred to in subsection (3) may be so convicted

and sentenced in addition to the employer or user.

Whenever the employee or mandatory of an employer is convicted of an offence

consisting of a contravention of section 23, the court shall, when making an
order under section 38 (4), make such an order against the employer and not
against such employee or mandatory.

Offences, penalties and special orders of court

Any person who

contravenes or fails to comply with a provision of section 7, 8, 9, 10 (1), (2) or

(3), 12, 13, 14, 15, 16 (1) or (2), 17 (1), (2) or (5), 18 (3), 19 (1), 20 (2) or (4), 22,
23, 24 (1) or (2), 25, 26, 29 (3), 30 (2) or (6), 34 or 36;

contravenes or fails to comply with a direction or notice under section 17 (6), 19

(4) or (7), 21 (1) or 30 (1) (a), (b) or (c) or (3), (4) or (6);

contravenes or fails to comply with a condition of an exemption under section 40

(1);

in any record, application, statement or other document referred to in this Act

wilfully furnishes information or makes a statement which is false in any material
respect;

hinders or obstructs an inspector in the performance of his functions; refuses or

fails to comply to the best of his ability with any requirement or request made by
an inspector in the performance of his functions; deleted refuses or fails to
answer to the best of his ability any question which an inspector in the
performance of his functions has put to him; wilfully furnishes to an inspector
information which is false or misleading; gives himself out as an inspector;

having been subpoenaed under section 32 to appear before an inspector,

without sufficient cause (the onus of proof whereof shall rest upon him) fails to

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attend on the day and at the place specified in the subpoena, or fails to remain
in attendance until the inspector has excused him from further attendance;

having been called under section 32, without sufficient cause (the onus of proof
whereof shall rest upon him)-refuses to appear before the inspector; refuses to
be sworn or to make affirmation as a witness after he has been directed to do so;
refuses to answer, or fails to answer to the best of his knowledge and belief, any
question put to him; or refuses to comply with a requirement to produce a book,
document or thing specified in the subpoena or which he has with him; tampers
with or discourages, threatens, deceives or in any way unduly influences any
person with regard to evidence to be given or with regard to a book, document
or thing to be produced by such a person before an inspector under section 32;
prejudices, influences or anticipates the proceedings or findings of an inquiry
under section 32 or 33;

tampers with or misuses any safety equipment installed or provided to any

person by an employer or user; fails to use any safety equipment at a workplace
or in the course of his employment or in connection with the use of plant or
machinery, which was provided to him by an employer or such a user;wilfully or
recklessly does anything at a workplace or in connection with the use of plant or
machinery which threatens the health or safety of any person, shall be guilty of
an offence and on conviction be liable to a fine not exceeding R50000 or to
imprisonment for a period not exceeding one year or to both such fine and such
imprisonment.

Any employer who does or omits to do an act, thereby causing any person to be
injured at a workplace, or, in the case of a person employed by him, to be injured
at any place in the course of his employment, or any user who does or omits to
do an act in connection with the use of plant or machinery, thereby causing any
person to be injured, shall be guilty of an offence if that employer or user, as the
case may be, would in respect of that act or omission have been guilty of the
offence of culpable homicide had that act or omission caused the death of the
said person, irrespective of whether or not the injury could have led to the death
of such person, and on conviction be liable to a fine not exceeding R100 000 or

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to imprisonment for a period not exceeding two years or to both such fine and
such imprisonment.

Whenever a person is convicted of an offence consisting of a failure to comply

with a provision of this Act or of any direction or notice issued thereunder, the
court convicting him may, in addition to any punishment imposed on him in
respect of that offence, issue an order requiring him to comply with the said
provision within a period determined by the court.

Whenever an employer is convicted of an offence consisting of a contravention

of a provision of section 23, the court convicting him shall inquire into and
determine the amount which contrary to the said provision was deducted from
the remuneration of the employee concerned or recovered from him and shall
then act with respect to the said amount mutatis mutandis in accordance with
sections 28 and 29 of the Basic Conditions of Employment Act, 1983 (Act No. 3 of
1983), as if such amount is an amount underpaid within the meaning of those
sections.

Closing of operations
Below is an article released by Department of Labour in relation to not complying
with the OHS. Source:
http://www.labour.gov.za/media-desk/media-statements/2007/two-companies-
operations-completely-shut-down-for-not-complying-with-ohs

Two companies’ operations completely shut down for not complying with OHS

by Zopedol — last modified 2008-09-30 11:05

Released by Department of Labour on 24 August 2007

A swoop by the Department of Labour inspectors in Rustenburg (North West

Province) resulted in two construction companies operations being completely
shut down for not complying with the provisions of the Occupational Health and
safety Act and Constructions Regulations.

Sebapo/Big Eye Investments Joint Venture and Epsar CC were both issued with
prohibition notices instructing them to halt their entire operations pending the

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submission of health and safety plans and specifications to the Rustenburg
labour center.

Phumi Maphaha, Manager Occupational Health and Safety in Civil Engineering

said: “the companies had no health and safety plans and specifications which
should contain appointments of the following persons; construction supervisor,
safety officers, and other 18 appointments as required by the construction
regulations.”

Maphaha said no risk assessments were conducted on both sides (companies) as

required by constructions regulations, which requires every contractor to
perform a risk assessment before commencement of construction work. He said
failure to perform such an assessment poses a danger to workers and the
community close by the construction site.

Zolisa Sigabi, Spokesperson for the Department of Labour said: “inspectors will
leave no stone unturned during these nationwide construction blitz campaigns,
aimed at enforcing compliance with safety regulations. A total of 4000 employers
will be visited between this month and in October. Other sectors to be visited
include Food and Beverages, Iron and Steel, and Agriculture.

LEARNING UNIT 7. INSPECTIONS

PLAN OCCUPATIONAL HEALTH AND SAFETY (OHS) INSPECTIONS

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The Need and Purpose of Workplace Inspections

The employer is obliged to provide employees with safe and healthy working
conditions. To know how safe and healthy ,or not, working conditions are, he
needs to constantly monitor performance against health and safety standards
and procedures as prescribed by law and company policy.

This is achieved by conducting regular safety inspections in the workplace and

recording the results thereof.

The Purpose of Safety Inspections:

It enables one to identify potential hazards before they become a serious

problem

It acts as an early warning system.

To identify health and safety hazards in the workplace with the aim of removing
or controlling them.

To check if relevant standards and laws are being obeyed.

To check if agreed improvements are carried out.

To establish the cause of injuries, death, occupational diseases, property

damage and pollution.

To record all of the abovementioned information and report to the appropriate

authorities in the required format.

To provide information at meetings where safety, health and environmental

protection matters are discussed.

To make information available for research purposes.

To assist in the evaluation of the SHE policy and procedures, including the
completion of all registers, records, schedules, etc., required by law.

From the information contained in reports of inspections the employer will be

able to formulate corrective and/or remedial action.

Benefits From Regular Safety Inspections:

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Employees will feel that their safety is important to the employer. This will
establish trust in and goodwill towards the employer.

Regular inspections bring safer working conditions and practices, with less time
lost due to incidents, resulting in higher productivity, which increases profits
made.

Savings to the employer by decreasing time lost due to incidents, not only the
cost of the incident (property damage), but the time to complete the
investigation and subsequent reporting thereon. Some cases end in Court and
can cost the employer a lot of money if he is found guilty of negligence.

Other Factors to Consider:

As tools and equipment get older they get worn out or damaged. These can be
very dangerous if not repaired or replaced.

Materials, equipment and procedures constantly change and ignoring such

changes can jeopardise people’s health and safety.

Lack of the necessary skills to perform a certain job can cause injury. Regular
safety inspections will help to expose possible training needs.

Safety inspections may vary in purpose from routine maintenance inspections to

inspection after a major incident like a fire or aircraft crash.

Types of Inspections

Continuous Inspections

These inspections carry on all the time. Rescue workers looking for survivors in
the rubble of a collapsed building inspect their surroundings all the time. By
moving a piece of debris without inspecting it first can result in further collapse if
that piece of debris was supporting other pieces, resulting in further injury and
damage. Pipes are inspected before being cut, as they could be under pressure
and may release water, gas or hot steam if cut without cutting off the supply
first.

Frequent Inspections

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As the heading states, these inspections are carried out frequently and would
include inspection of machinery and tools before the start of a shift. A
boilermaker working on a lathe will frequently inspect his work to ensure that the
piece of work is secure in the lathe and all safety covers are in place.

Regular Inspections

Regular inspections are usually planned and are done using a standard checklist
e.g. monthly inspection of all protective clothing and equipment, first aid
equipment, emergency routes and exits. It stands to reason that the more
frequently a tool or piece of equipment is used the more frequently it should be
inspected.

Results of these inspections must be recorded as well as the action taken, if any,
to address matters arising from these results.

Inspections Prescribed By Law

By law certain safety inspections have to be done at certain intervals and

recorded in the prescribed format. As said before, the employer may increase
the frequency of these inspections if he feels it necessary.

After an aircraft has flown a certain amount of hours it is grounded for a

thorough inspection. It may not fly again until a clearance certificate is issued,
stating that it was inspected, the necessary repairs, if any, had been done and
that the aircraft is once more airworthy.

Planned Maintenance

In certain industries such as manufacturing, transport, freight handling, etc., any

inspection means a plant, vehicle, crane, etc. out of operation for the duration of
the inspection and corrective action, if any, after the inspection. This ultimately
results in the loss of income.

It is therefore important that a schedule is worked out to accommodate

inspection of all equipment with the least impact on the effectiveness of the
operation. This not only ensures the effective maintenance of equipment, but
also compliance with the law.

Preparing For an Inspection

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The following are at least four types of inspections that can be used. The choice
depends on your Aims:

Accident inspections.

Special inspections.

Inspections of documents or information.

General inspections.

Before conducting the inspection it is crucial to know all the details of the area
and equipment to be inspected. Careful planning and preparation for the
inspection will ensure that all aspects are covered effectively and timely.

The following should receive special attention during planning and preparation:

Study the previous inspection reports to acquaint yourself with its contents and
note any hazards or potentially dangerous conditions or practices were reported.

Study maintenance reports to verify that routine maintenance was carried out.

Study incident reports relating to the area to be inspected and determine

whether recommendations to prevent recurrence of the incident were
implemented.

Make sure of the exact location of the area or equipment to be inspected.

Acquaint yourself with manufacturers’ and suppliers’ instructions and directions

for inspection of machinery or equipment as well as with special precautionary
measures when handling potentially dangerous goods like chemicals or
explosives.

Use a checklist to ensure that all areas of the inspection are covered. Rather
double check than not check at all.

Make the necessary logistic arrangements like transport of people and

equipment, special permission to enter certain areas, protective clothing and
equipment, specialist assistance, etc.

You will need the following:

A floor plan of the workplace in order to

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mark areas where people work

write down the number of people working in each area

work processes and machinery in each area

A health and safety checklist

Materials Safety Data Sheets (MSDS) from management

CONDUCT OCCUPATIONAL HEALTH AND SAFETY (OHS) INSPECTIONS

Conducting the Inspection

When doing an inspection, keep the following in mind:

Wear suitable clothing. Certain items like a tie or jewellery can get caught in
machinery. A too short dress may cause embarrassment. Wear the appropriate
protective clothing, e.g. hard hat, goggles, ear muffs, etc., if required.

Select the appropriate documents that you will use

Evaluate the physical and environmental conditions

If you will be using tools, make sure that they are fit for the purpose and also
available

Adhere to standard safety procedures when handling dangerous goods and/or

equipment.

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Complete all required documentation accurately in the prescribed format.

Have the necessary tools and accessories handy e.g. measuring instruments,
flashlight, containers for samples, etc.

Consider potential hazards during the conducting of the inspection like fire or
explosion, contact with toxic materials, exposure to radiation, etc. and take the
necessary precautionary measures to protect yourself.

Do not take safety for granted – a guard railing may appear to be safe and sound
but on inspection prove to be loose and unstable.

Communicate with workers without interrupting their normal activities. They can
provide valuable information and suggestions to solve problems.

Observe workers at work to monitor the level of compliance to safety and

standard operating procedures.

Allow workers to air their opinions and make suggestions in terms of health and
safety matters.

What to Look For

Noise

Very cold or hot working areas.

Dust or fumes.

Any noticeable smells.

Unguarded machinery.

Ease of entry and exit from workplace.

Ease of movement within and around the workplace.

Storage of articles and substances.

Location of fire extinguishers/ first aid boxes.

The Most Important Tools You Need For Workplace Inspections Are:

Eyes to spot hazards

Nose to smell bad odours as indication of hazards.

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Mouth to talk to health and safety representatives

Brain to be always thinking and learning

Ears to listen to workers complaints and suggestion for improvements.

Guts to be strong enough to fight to get the hazards corrected,

To stop work which you see is of immediate danger.

Feet to regularly inspect the workplace.

Special Inspections

Special workplace inspections are used to concentrate in more detail on a

particular aspect of the workplace or process, where a hazardous chemical
substance may be used or hazardous process is carried out. A special workplace
inspection might be carried because of a change in the working conditions and
could be in addition to regular inspections or general inspections.

HAZARDS AND RISKS

Hazard identification is the first step in a risk assessment before we continue, we

must understand the following terms and definitions.

HAZARD: means a source of or exposure to danger, a threat to health or which

may destroy or damage something or somebody – anything we can see, feel,
touch, and smell.

Risk: The probability that a hazardous event will occur and the expected loss of
lives and goods due to vulnerability to prevailing hazards. "Risk is nothing more
than the consequences of the hazard

Risk Assessment: "a process or method for evaluating risk associated with a
specific hazard and defined in terms of probability and frequency of occurrence,
magnitude and severity, exposure, and consequences. The first and most
important stage in the risk assessment process is to identify hazard: you have to
use a strategy that will help you to see the hazards present in the workplace.

Identify and Control Hazards

Before you start work, you need to check for any hazards or dangers in the area.
If you find a hazard or danger you need to do something to control it. This will

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help to make the workplace safer. When you start checking for hazards, make
sure you look everywhere. A good way to do this is to check:

Up high above your head.

All around you at eye level.

Down low on the ground (and also think about what is under the ground).

Determine who might be harmed and how

As you look around your organization, think about how your employees could be
harmed by business activities or external factors. For every hazard that you
identify in step one, think about who will be harmed should the hazard take
place.

Hazards are classified into five different types.

Physical includes floors, stairs, work platforms, steps, ladders, fire,

falling objects, slippery surfaces, manual handling (lifting,
pushing, pulling), excessively loud and prolonged noise,
vibration, heat and cold, radiation, poor lighting, ventilation,
air quality

Mechanical and/or includes electricity, machinery, equipment, pressure vessels,

electrical dangerous goods, fork lifts, cranes, hoists

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Chemical includes chemical substances such as acids or poisons and
those that could lead to fire or explosion, cleaning agents,
dusts and fumes from various processes such as welding

Biological Includes bacteria, viruses, mould, mildew, insects, vermin,

animals

Psychosocial Includes workplace stressors arising from a variety of

sources. Examples are seeing others not pulling their weight,
Managers changing their minds about what they want to be
done, Lack of support from managers, Pressure from
managers, etc.

Ergonomic These hazards relate to how “worker friendly” the worker’s

working environment is. Working under unfavorable
conditions can cause discomfort and injury. Factors like
having to stand for long periods, working in cramped spaces,
not having adequate ventilation, etc. can all cause discomfort
and eventual injury. The hazard is present in the working
condition and the risk is the injury that could happen as a
result of the hazard.

IDENTIFYING HAZARDS: A Simple 9-Point Hazard Check Could Be:

Can I be struck or otherwise contacted by equipment or machinery in use?

Can I be injured if I make contact with any machinery or equipment in use?

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 Can I become entangled on any rotating parts?

Can I be drawn into or caught between any moving parts?

Can I strain or overexert myself in the performance of my job Can I slip, trip or
fall while carrying out my job?

Can I be exposed to injurious conditions, such as heat, cold, gas, fumes or dust

Can any of my actions adversely affect others in the workplace?

Can damage to equipment or machinery occur

Can pollution of the environment occur

HAZARD IDENTIFICATION CHECKLIST

Company Name

Name

Area inspected

Date of inspection

Observation Yes No Non-conformance

1 Structure and Buildings

Free from damage

Clean and in good repair

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 Broken windows

Corrosion

2 Floors and Platforms

Slippery

Tripping hazards

In good condition

No corrosion

3. Ventilation

Adequate natural ventilation

Adequate artificial ventilation

Fans extractors working

Free from excessive mist, dust,

fumes and smokes

4. Lighting

Adequate natural lighting

Adequate artificial lighting

Free from glare, shadows or

contrast

All lights are working

5. Pollution

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 Adequate disposal systems for
oils, paints, etc.

Free from smoke pollution

Efficient is treated before

discharged into sewers

No spillages

6. Health and hygiene facilities

Hygiene toilets/urinals

Hygienic canteen/kitchen

Hygienic change rooms/lockers

Adequate facilities

Health facilities in order

7. General demarcation

Passageways and access routes

clearly marked

Fire equipment demarcated

Electrical switch gear

demarcated

All hazardous areas

demarcated

8. Stacking and storage

All stacking safe

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 Adequate storage facilities

Aisles free from obstruction

Tidy cupboard storage

9. Housekeeping inside building

Yard is tidy

Grass and weeds controlled

Adequate removal systems

Separate containers for

different waste

Bins fitted with lids

Bins marked correctly

10 Earth leakage

Entire plant protected

Regular tests and record of

inspections/every 3 months

11 Portable electrics

Equipment free from damage

and defects

All equipment numbered and

listed on register

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Classification of hazards

Normally three factors are used for this classification exercise namely severity
(how serious it is), frequency (how often it occurs) and exposure (how many
people will be exposed).

SEVERITY

CLASS A (MAJOR)

CLASS B (SERIOUS)

CLASS C (MINOR)

CLASS D (NEGLIGIBLE)
Severity/
Consequence

FREQUENCY / LIKELIHOOD

Once you have collected information on the

frequency of each of the hazards, the simple question to ask is ‘what are the
chances that this will happen’? They can be grouped into the categories below:

Frequency

A – Likely to happen immediately. (4 points)

B – Probably will happen in time. (3 points)

C – Possible to happen in time. (2 points)

D – Unlikely to happen. (1 point)

Exposure

The number of people likely to be exposed to the hazard:

A – More than 50. (4 points)

B – 10 – 49. (3 points)

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C – 5 – 9. (2 points)

D – Fewer than 5. (1 point)

Example:

A major hazard (4 points), which is likely to become a major incident

immediately (4 points) and likely to involve more than 50 people (4 points) will
score a total of 16 points, the worst case scenario.

By repeating the same exercise on other incidents the total points scored will
determine the priority of the situation.

Hazards with a high score (12 – 16 points) will take high priority, demanding
immediate corrective action; while hazards with a low score (1 – 5 points) will not
be treated with the same urgency.

RISKS SSESSMENT

Risks arise when a hazardous condition exists. This means that safety
precautions must be undertaken: work according to laid down safety procedures

Wear protective clothing

Be alert to the hazard and the risk involved

General principles for risk assessment

Follow a systematic approach

You have to identify all the major risks in the workplace

Think about aspects of the work such as the substances or equipment used, the
work processes and the way the work is organised: can any of these cause harm

Take into account what safety controls and other measures already exist. Make
sure that you carefully review the effectiveness of these controls

Look at hazards and risks systematically

Review all aspects of the work activities.

Address what happens at work

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Make sure that your risk assessment addresses what actually happens while
activities are carried out, as what actually happens could be very different from
what is supposed to happen according to workplace procedures.

This is frequently the way risk creeps into an operation unnoticed.

Look specifically at non-routine operations. For example, maintenance operations

and changes in methods of work

Interruptions or changes to the workplace (equipment, substances or methods of

work and people) often lead to accidents. Pay special attention to this

Make sure that changes are carefully managed.

Observe all employees who may be affected, including maintenance staff,

security guards, visitors and contractors.

Your risk assessment must include and highlight those groups and individuals
who may particularly be at risk, such as the young and inexperienced, and those
who are required to work alone or who have disabilities.

Consider the existing safety measures and controls, for example, codes of
practice, procedures, guards, and special instructions and so on. It is possible
that working procedures are not safe.

The higher the risk, the more detail you should include on your risk assessment.
The purpose of the risk assessment is not to deal with every minor hazard, but to
deal in full with major hazards and risks.

Tip first make a rough assessment to prioritise the risks.

Then, in the second assessment more sophisticated techniques can be used to

deal with the major risks.

The following pages contain forms that could be used during the identifying and
classification of hazards and risks.

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REPORT ON THE INSPECTION
Reporting On Hazards and Unsafe Conditions

When you witness someone performing unsafe acts in the workplace, or

you notice unsafe conditions in the workplace it is your responsibility to
report these conditions.

The purpose of a health and safety program is to prevent accidents, injuries

and losses from occurring. This is why inspections are done. After the
inspections have been done, the health and safety representative must report
his/her findings, so that action can be taken if necessary to prevent accidents
from happening.

Reporting procedure

The reporting procedure would depend on the type of inspection:

Continuous and frequent inspections will usually be carried out by the

people doing the work, using an inspection sheet, and they will report to their
supervisors by means of a completed inspection sheet. Inspection of a vehicle
before leaving the premises is an example.

Planned maintenance will be scheduled in advance and the people responsible

for the maintenance will also complete job cards or inspection sheets.
Maintenance of machinery and vehicles are examples of this kind of inspection.
When a bus or truck is taken to the workshop for a service, the mechanics will do
the maintenance and affect any repairs that are necessary. The job will then be
signed off by the mechanic and the foreman.

Regular inspections will usually be the duty of the health and safety
representatives as it is the responsibility of the health and safety committee to
make sure that there is an effective health and safety program in place. Any
deviations from the health and safety program must be reported to the health
and safety committee.

Steps to follow when reporting

Report any discrepancies to the employee and his/her supervisor

immediately

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Once a hazard has been identified, it must be classified according to the
severity, frequency and exposure, so that priority can be given to managing the
risk. High priority hazards require immediate attention, while hazards with a low
score will not demand the same urgency.

If the priority is high, alert the supervisor and employees, as well as

management and the health and safety committee about the hazard
immediately. Discuss and find solutions that will not compromise the health and
safety standards immediately.

Kindly note that even low priority hazards must be brought to the attention of
the employees and the supervisor immediately. It could be that the employees
involved are not aware that they are not adhering to the proper procedures.
Discuss the matter with them, in this way you can ensure their cooperation.

Suggest corrective action that can be taken

Discuss possible corrective actions that can be taken with the employees and the
supervisor(s). They are the experts as far as the workflow processes are
concerned and your suggestions may disrupt their workflow. Ensure that health
and safety is not compromised by new procedures.

Report discrepancies to the health and safety committee

Report the discrepancies as well as any corrective action that was taken to the
health and safety committee. Make sure that you submit your report in writing.

Follow up

It is important that you follow up to ensure that the corrective action was taken
and that new procedures are being implemented. People tend to fall back in old
bad habits and sometimes need reminding to do the work in a healthy and safe
manner.

METHODS OF REPORTING

Each organisation will have a system in place for reporting procedures.

Normally, interdepartmental communication will take place in the form of a
memorandum. It is important to note that any verbal communication between

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H&R representatives and employees/management should be followed up by
some form of written communication.

When reporting on health and safety matters, follow the structure of your
inspection sheet, as all the information will be found there.

Contents of final report

Copy all unfinished items from the previous report – any hazardous an unsafe
circumstances that still exist from the previous report.

Write down all the unsafe and hazardous conditions you observed during the
inspection

For each hazard do the following:

At the top of the page, Enter the date of the inspection

Enter the details of the inspection team – names and titles

State the department or the area that you inspected

Give details of the hazard

Classify the hazards you observed

Note the recommended method of controlling these hazards and risks

State a date by when corrective action should be taken

Do this for all the hazards, numbering them consecutively

Make sure that every member of the inspection team reads and approves the
report

Guidelines for writing a report

Clarity

Good language must be used and references to details must be clear and logical.

Brevity

Reports are normally read by senior people who have a busy work schedule.
They often simply do not have the time to read a long, detailed report and are

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interested primarily in the conclusions of the person who wrote the report has
made.

With this in mind the following example is provided:

Report heading From To Date of report Ob Ref

REPORT – From: H.J. To: G. Date: 24 O.B. Reference:

Employee that fell Lobise Mogase September Number 657 of
two storeys (Health and (Head of 2010 2000.
safety Health and
inspector) safety
comity).

On 24 September 2010, at 15h00, an employee (George Mbali) fell from the second
storey of the construction site in 33 rd avenue. Upon first assessment by paramedics,
it would appear that Mr. Mbali has fractured his left leg and right ankle. A statement
from the paramedic is yet to be taken. On first glance it would appear that Mr. Mbali
did not hook his carabineer onto the safety line which resulted in him falling. This is
to be confirmed through further investigation

Conclusions. There are indications that some employees are not following
proper H&S protocol, resulting in injury.

Recommendatio Initiate further investigations into the matter. Refresh employee

ns training on H&S protocol depending on investigation findings.

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Example of Workplace Inspection Report

Inspection Location: __________________ Date of Inspection: __________________

Department/Areas Covered: __________ Time of Inspection: ____________________

Observations For Future Follow-up

Item Hazard(s) Repea Priori Recommend Responsi Action Date

and Observed t Item ty ed Action ble Taken
Location Person
Y/N A/B/C

Copies to: _________________ Inspected by: ___________________

Control Measures (Corrective Action)

As the consequences of not managing hazards and risks have far-reaching effect
on safety, health and the environment, as well as on company production and
profits, it is of vital importance to implement measures to control exposure to
hazards.

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 LEARNING UNIT 8. INITIATE REMEDIAL ACTION

SETTING UP CONTROL MEASURES

The Key Questions to Ask:

o How exactly are you going to control the risks?

o What good is risk assessment if you don’t control it?

After you’ve evaluated the risks of a project, you can prioritise which
risk controls to implement first. All risk mitigation activities should be
processes of continuous improvement. Your organization’s risk may change over
time, so you should periodically review and update your risk matrix. To prevent
workers from coming into contact with a particular hazard and thereby,
protecting their health and safety.

There is a legal obligation for employers and employees to do something

about any hazards they identify as being a risk to people in terms of injury or
illness.

You can work out a risk by thinking about how likely the hazard is to happen
and how serious the possible consequences or outcome might be. This is so
relevant precautions can be put in place to reduce the chances of it

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happening and causing harm. Risks should be listed from extreme to
low. Those with the highest level of risk require immediate action.

If an employer cannot eliminate or remove a hazard, then they must control

or manage the risks using the hierarchy of control

HIERARCHY OF CONTROLS is an order of priority in hazard control. The best

way to control a hazard is to eliminate it. The elimination of a hazard is the first
choice in a system called the ‘hierarchy of controls’.

IMPLEMENTING RISK CONTROL MEASURES

RISK ELIMINATION (Most Preferred): Risk elimination is at the top of the

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hierarchy, being the most preferred option to control an identified risk. It will
obviously not be possible to completely remove all risks, but this should be the
first option considered and assessed as it offers the greatest protection by
removing the risk completely .The question, is it possible to remove all risks ?
Theoretically yes, but practically this would mean: Your team will be sitting in a
padded room.

 Away from any tools or equipment  Not getting any work done

Examples:

Working at heights creates a high-risk level, so the same work can be done at
ground level, using extendable poles or lowering equipment, then this risk can
be eliminated.

Buy cut to size material to avoid use of blades

Rerouting cables to remove a trip hazard in walkways

RISK SUBSTITUTION: Substituting is the second-best control measure a risk

won’t be as effective as removing the risk completely as it is possible that the
new system will introduce new risks and hazards. These hazards are likely to be
unknown initially and will, therefore, require a new risk assessment to evaluate
any new or changed risks. Maybe the risk cannot be removed entirely, but could
be reduced by replacing it with something less dangerous / safer

Examples:

Substituting bleach-based cleaning products that can fatally interact with other
chemicals with safer alternatives. In that scenario, however, a risk of chemical
exposure or inhalation may still be present with the new product, but the risk of
a fatal interaction has been removed or reduced.

Replace ladders with scaffolds,

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RISK ISOLATION: Risk isolation is a control measure designed to either isolate
the risk itself from the employee or person that may experience it or isolate
access to the risk factor to only authorised personnel, properly trained in its
handling and usage.

Examples:

This could involve placing dangerous or noisy equipment in a locked or

soundproof room where operators can monitor it remotely, or it could be storing
dangerous chemicals in a secure area that only chemical safety trained
personnel can access.

ENGINEERING CONTROLS: This control measure involves redesigning

something at the engineering level to remove or reduce the risk. Examples of
engineering risk control measures could be installing a physical safety guard
between the moving parts of a machine and the operator, or it could be installing
safety cut-offs to allow fast shutdown in the case of imminent accident or injury.

These are usually fixed, temporary or permanent controls.

Note: Give Priority To measures Which Provide Collectively Over Individual

Measures

Example:

Provide safety equipment to employees that reduces their exposure to physical

hazards

Extraction machines to remove hazardous dust or fumes from the air

Enclosing dangerous items of machinery or moving parts

ADMINISTRATIVE CONTROLS: Administrative controls are control measures

based around the training, planning, and personnel assignment of hazardous
environments. This control measure may involve things such as developing best

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practice guidelines, arranging additional training, and ensuring that employees
assigned to areas highlighted as a risk factor have the requisite training.

These are rules and systems to carry out the work

What are the procedures you need to work safely

Examples:

Banning work at heights and lifting operations in bad weather

Enforcing a one-way traffic system on site

Enforcing a speed limit on site

Training and job rotation to limit exposure

PERSONAL PROTECTIVE EQUIPMENT (LEAST PREFERRED) : While this final

risk control measure is the least preferred option, that doesn’t mean it should be
ignored. Personal Protective Equipment (PPE) should normally be utilised even
when the risks are being controlled by measures further up the hierarchy. PPE
serves as the last line of defence to protect employees from the risk. Whenever
possible, PPE should not be relied on as the only control measure. Examples of
PPE are respirators (ranging from single-use to full filtration depending on the
environment), hard-hats, protective eye-wear, and noise-reducing ear protection.
While these risk control measures follow a hierarchical structure from most
preferred to least preferred, it’s unlikely they will be used in isolation of each
other. When controlling risks the best option will often be a combination of the
above controls, for example isolating the risk while still providing employees with
PPE in case isolation has to be breached.

It’s a last line of defence against hazards

While it shouldn't be your first choice when controlling risks, it can give added
protection for any remaining level of risk should other controls fail

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 Examples:

Wear ear plugs when working in a noisy area

Hard hats where there may be falls of tools or materials overhead

SUMMARY OF HAZARD IDENTIFICATION, ASSESSMENT AND

CONTROL

Identify hazards
Act

Classify. Analyse. Assess Evaluate.

Plan

The Importance and Effect Of Each Hazards

Do Something About The Hazards

Do

Monitor the success of the actions – obtain feedback

Check

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