SHEQ: OVERVIEW OF THE OHS ACT

Last Updated: 12 October 2015 | Published: 12 October 2015 | Print

HOW DOES THE OHS ACT APPLY TO YOU?

Safety, Health, Environment and Quality (SHEQ) in the workplace, involves the avoidance of incidents that could (or do) result in injury, disease and / or illness, physical damage or unnecessary disruption / stoppage of work and the loss of man-hours.

The prevention of incidents is important not only for humanitarian reasons but also because of the impact on productivity and the economy.

The creation and maintenance of a safe working environment should be the aim and ultimate goal of every member of the company, from Executive management level down to every level of employment in the company.

When it comes to ensuring safety in the workplace and also putting in follow up mechanisms in the event of an incident, there are two Acts that rule every action and condition in this regard.

Extensive and intimate knowledge of these Acts are essential in every company, however big or small, and every prescription and ruling o these Acts must be executed and adhered to.

These Acts referred to are:

* The Occupational Health and Safety Act,1993 (Act No. 85 of 1993) establish a set of rules in order to provide for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery; the protection of persons other than persons at work, against hazards to health and safety arising out of or in connection with the activities of persons at work; to establish an advisory council for occupational health and safety; and to provide for matters connected therewith.

* The Compensation for Occupational Injuries and Diseases Act, 1993 (Act 130 of 1993) [COIDA] was signed into South African law effective from 1 March 1994, to provide for compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees in the course of their employment, or for death resulting from such injuries or diseases; and to provide for matters connected therewith.

The main objectives of these Acts, as applied across the board, are:
* To ensure a safe and just work environment ;

* To protect all employees from occupational injury, illness and disease;

* To ensure compensation for occupational injury, illness, disease contracted in the line of duty or as a result there-of, disablement caused by occupational injuries or diseases sustained or contracted by employees in the course of their employment, or for death resulting from such injuries or diseases;

*To provide for the safety of non-employees such as contractors, customers, the public in general at or near workplaces where risks to safety may arise out of the activities of the employees at work

*Enforce joint consultation, employee participation and shared responsibility

*Inform, educate and train all employees regarding their occupational health and safety rights and responsibilities as well the consequences of non-compliance ;

and

*To establish an advisory council for all the above mentioned issues.

It is important to study and familiarise yourself with the word definitions of the OHS Act, in order to correctly understand and apply the provisions of this Act to your business operation.

(i.e. In the event that you’re business is categorised as a shop or office, you are required to implement the minimum standards as detailed here.)

Use the following checklist to determine which OHS requirements are applicable to your business unit or branch.

A COPY OF THE OHS ACT AND REGULATIONS [General Administrative Regulation 4]	It is the responsibility of the employer and / or the duly appointed health and safety officer(s) / representative(s) to ensure that there is a copy of the latest version of the OHS Act in the business premises where 5 or more employees are employed. This is to ensure that all staff members have access to the OHS Act so that they can make themselves aware of their duties and responsibilities regarding the implementation of the OHS Act in the workplace. You can either save the copy of the Act to your computer or print it out and file it in your health and safety file.
HEALTH AND SAFETY REPRESENTATIVES [Section 17 of the OHS Act]	Without derogating from their responsibility or liability in terms of the OHS Act, the executive management (CEO) may delegate health and safety responsibilities to management or appoint health and safety representatives subject to the control and directions of the executive management (CEO). You require one health and safety representative per 100 employees or part thereof for an office environment and one health and safety representative per 50 employees or part thereof for any other workplace environment. If you have less than 100 employees in your business unit / branch then the Manager may be, subject to the election procedures contemplated in section 17 of the OHS Act, be designated as health and safety representative for such branch.
HEALTH AND SAFETY COMMITTEES [Section 19 of the OHS Act]	Where the business unit or branch has appointed 2 or more health and safety representatives, you are required to establish a health and safety committee. The committee is made up of the appointed health and safety representatives as well as a representative(s) of management from the business unit or branch. The Act requires that committee’s meet at least once every 3 months but you may decide to meet more often if you deem it necessary.
FIRST AID BOX [General Safety Regulation 3 of the OHS Act]	Where more than 5 employees are employed at a business unit or branch, management must ensure that a correctly stock first aid box is available for the treatment of injured persons. Click here for more information regarding to the first aid box requirements and ongoing control thereof.
FIRST RESPONDERS (FIRST AIDERS) [General Safety Regulation 3 (4) of the OHS Act]	Where more than 10 employees (up to 100 employees) are employed in the business or branch, you must ensure that a suitably qualified first aider is on duty at all times during business hours to administer first aid or assistance in the event of an accident or incident in the workplace.
WORKPLACE INSPECTIONS [Section 18 of the OHS Act]	It is the duty of the designated health and safety representative(s) / health and safety officer(s) to conduct workplace inspections and complete the relevant inspection checklist(s) on a regular basis at intervals as may be agreed upon with executive management and take corrective action where required. The health and safety representative(s) must however give reasonable notice of all intended inspections to executive management, who may opt to be present during any such inspection.
RECORDKEEPING [Section 20 (2) of the OHS Act red with General Administrative Regulation 9]	Accurate records pertaining to health and safety documentation, incidents, checklists, inspections, etc. must be maintained in the business for a period of at least 3 years and documentation pertaining to injuries which resulted in medical treatment must be retained for a period of at least 3 years. Click here for more information on recordkeeping - ADD FILE HERE
HEALTH AND SAFETY FILE [Construction Regulation 5 (7) of the OHS Act]	You are required to have a Health and Safety File on the premises at all times and ensures that all relevant documentation is completed and filed timeously. Click here for more information on a Health and Safety File.
HEALTH AND SAFETY REQUIREMENTS FOR GUEST CONTRACTORS [Construction Regulation 4 (1) (a) red with 5 (4) of the OHS Act]	Executive management is responsible to provide any contractor, who is making a bid or are being appointed to do work on any of their sites, with their required health and safety specifications prior to commencement of any work, in order to empower such contractor to prepare his / her health and safety file for the intended work on site. This health and safety file must be consolidated and handed over to the client on completion of the work and must be added to the client’s health and safety file record system.
REGISTRATION WITH COMPENSATION FUND [Construction Regulation 5 (3) (f) of the OHS Act]	Any contractor should provide and demonstrate proof to the client of his / her registration and letter of good standing with the compensation fund prior to any work commencing on site. Click here for more information in this regard.
EMERGENCY PLANNING AND RISK ASSESSMENT [Construction Regulation 7 red with Construction Regulation 27 of the OHS Act]	Assessment of, and emergency procedures for all potential incidents in this regard must be communicated to all employees working in the business unit and where necessary the evacuation procedures should be practiced from time to time. It is the responsibility of the designated health and safety representative(s) to ensure that employees are aware of the emergency procedures and are confident of being able to carry out the evacuation procedures in the event of an emergency. Click here for more information in this regard.
SAFE WORK PROCEDURES [Construction Regulation 7 red with Construction Regulation 8 of the OHS Act]	There are areas of the business that may present potential hazardous situations or place employees and others at risk. Safe work procedures around these functions or areas have been compiled. It is the responsibility of the designated health and safety representative to ensure that all employees are familiar with the safe work procedures and indeed conduct them-selves in the ways prescribed. Furthermore, it is the health and safety representative's responsibility to ensure that any contractor working on site complies with our health and safety requirements too. Click here for more information regarding safe work procedures applicable to the Company’s business units.
INCIDENT REPORTING [Section 24 of the OHS Act red with General Administrative Regulation 8 and Major Hazard Installation Regulation 7]	In the event of an incident or accident occurring in the workplace, it must be logged so ensure that the correct records are completed and retained and that where required the incident/accident is reported to the Department of Labour Inspector. Click here for more information regarding the logging of incidents.

Now that you have read through the above as well as all the supporting information contained on this site, you should have a clear understanding of the requirements of OHS Act as it pertains to your Company as well as your role and responsibilities regarding the implementation and constant maintenance of the requirements of the OHS Act. Should you require any additional information please either E-mail your suggestions or queries to This email address is being protected from spambots. You need JavaScript enabled to view it. or phone Bayteck’s toll free number – 0860 770 770 for assistance in this regard.