DUTIES AND RESPONSIBILITIES OF COMPANY MANAGEMENT

The Executive Management of The Company (Chief executive officer - section 16 (1) and 16 (2) appointees of company) are personally accountable to ensure compliance with the legal requirements of the Occupational Health and Safety Act,1993 and Regulations and thus shall be held accountable if existing health and safety measures prove inadequate / non-compliant.

The OHS Policy Statement (Sect. 7 of the Act.) regarding one’s commitment to ensuring a safe work environment has been drafted and communicated throughout the organisation. 

The purpose of the Policy Statement is to assist employees in recognising the inherent risks associated with the company's business operations, and establish the guidelines, controls and measures that should be implemented in order to reduce such risk to acceptable levels. Click here to access a copy of the Policy Statement.

It is the designated person's role and lawful duty to ensure that a safe and healthy working environment is maintained in line with this policy. 

However, as workplace health and safety is also the responsibility of all employees in the organisation it is important that they too understand their role. As such, employees should all be issued with a copy of the Employee Undertaking which they should read and sign (We suggest that the document may be explained to them as part of a training programme). 

The signed copy should be placed on file in the employee's personnel file as well as the company Health and Safety File. 

Alternatively you may conduct a training session pertaining to the employee's workplace health and safety responsibilities (Section 14 of the Act) and get every attendee to sign the Attendance Register confirming their attendance at the training.

In addition, The Company has invested in an online occupational health and safety compliance system called "The Company Workplace SHEQ Legal Compliance System ". 

This programme allows us to pro-actively provide for the implementation of a meaningful level of compliance with the Occupational Health and Safety Act and Regulations. 

It is therefore our expectation that the designated health and safety representatives (Section 17 of the Act) throughout our organisation make use of this programme in their field of responsibility.

Click on the relevant link below to open a .doc version of the documents. 
OHS Employee Undertaking
OHS Employee Undertaking Attendance Register

 Policy Statement

 

Employer Rights and Responsibilities

The OHS Act stipulates that an organisation's Executive Management (employers) are the appointed guardians of the actual Occupational Health and Safety matters of an organisation.

According to the OHS Act, all employers must, where reasonably practicable, provide and maintain a safe and healthy working environment that is without risk to employees. [Section 8 (1) of the Act].

The OHS Act is not vague in this regard; it puts the primary responsibility squarely on the shoulders of the CEO or the person who is the deemed to be the Chief Executive Officer of an organisation.

Under Section 16 of the OHS Act, the Chief Executive Officer is charged with certain duties and responsibilities as follows:
* To ensure that all employees are competent for their job (qualification, experience, scope).
* To ensure that the workplace is inspected on at least a monthly basis to identify hazards – reduce or eliminate the danger according to risk.
* To see to it that all employees are informedof all hazards associated with their jobs on at least a weekly basis.
* To implement the necessary precautionary measures if and when employees are or may be exposed to anything unsafe in the course of employment.
* To create a communications forum for and with the employees.

Section 16 of the Occupational Health and Safety Act, 1993 states that the CEO of any company (the State included), shall be responsible for any negligence to comply with the provisions of the OHS Act or any unlawful act by any employee under his domain of responsibility in this regard, unless the CEO, as is reasonably practicable, ensured that all the duties of his employer in terms of the OHS Act, are properly discharged.

Without detracting from his responsibility or liability, the CEO may however delegate the management of health and safety related responsibilities to managers duly appointed in terms of the provisions of section 16 (2) of the OHS Act, as well as safety representatives in terms of the provisions of section 18 of the OHS Act or safety officers in terms of the provisions of construction regulation 6 (6), to carry out the required functions.

In terms of these appointments, the appointee(s) are responsible for the management of occupational health and safety matters at the designated areas of appointment, for example the business unit, branch or site.

After their appointments they will be legally bound to help and assist the CEO with safety management over their designated areas.

Any company's business units countrywide / worldwide should therefore appoint responsible managers, coordinators, and health and safety representatives / officers in writing, as required in terms of the provisions of the OHS Act.

One can there-for clearly see that it is the legal goal of the OHS Act to enforce an official legal structure within the organisational hierarchy of any company (the State included).

These prescribed structures largely assist the CEO with the proper delegation of health and safety responsibilities and duties within any business environment or domain.

To facilitate effective safety management within any business domain, the roles and responsibilities of the designated management and / or appointed safety representative(s) / officer(s) should be clearly defined, documented, communicated and executed.

In order to meet with this responsibility, designated management or appointed health and safety representative(s) / officer(s) should familiarise and qualify themselves with all statutory requirements stipulated by both the OHS Act and all regulations thereto.

The OHS Act requires that the CEO appoints health and safety representatives in terms of the provisions of section 17 in any workplace.

Where there are 20 or fewer employees based in a business unit or branch, an inspector, when of the opinion that the number of health and safety representatives is inadequate, may in writing direct the employer to designate such number of health and safety representatives as the inspector may determine.

All proper election prescriptions for the designation of a health and safety representative as contemplated in section 17 should be adhered to at all times.

Click here to link to Module 1: H&S Reps for further information in this regard as well as to access the necessary forms.

OHS Employee Undertaking 

 

EMPLOYEE UNDERTAKING:

 

OHS DESIGNATED EMPLOYEE UNDERTAKING

 

[Insert company name here] SHEQ COMPLIANCE SOLUTIONS

 

EMPLOYEE UNDERTAKING

 

[Insert company name here] recognises and accepts its responsibility as an employer and commit ourselves to provide a safe and healthy workplace and work environment for all our employees and others (clients, visitors, contractors and the public) and is further committed to achieving and maintaining the highest standard of Health and Safety at all times and to eliminating conditions and incidents that could result in personal injury, mortality or ill health.

 

The organisation requires its activities within the workplace to conform to relevant legislation and parameters of good, established safe method statements and risk assessments.

 

1. We undertake to provide employees and other stakeholders with guidance on and training in hazard identification, risk assessment and control of OHS related matters in the workplace.

 

2. Effective management of OHS risks depends on the commitment and cooperation of everyone in the organisation - we are committed to consulting with staff in a meaningful and effective manner on all OHS issues, enabling each member of staff to contribute to decisions that may affect their health, safety and welfare at work.

 

3. Executive management expects that all employees comply with the occupational health and safety policies, procedures and guidelines of [Insert company name here] and to conduct themselves in a legal and safe manner, not placing themselves or others at risk by way of their actions or lack thereof.

 

4. Designated members of management are responsible for the health and safety of employees and other people working under their direction.

 

5. We will remain proactive by anticipating, recognising, evaluating and controlling all unhygienic and unsafe situations that could result in incidents or disruptions of work and we will promote positive mental, physical and social wellbeing within the organisational structures of [Insert company name here].

 

6. We acknowledge that we are also responsible for providing a safe and healthy environment for our visitors and members of the public who come onto our premises or are affected by the activities of [Insert company name here].

 

7. Contractors working on any premises of [Insert company name here] are also required to conduct their activities in an OHS compliant manner that will ensure the safety, health and welfare of all stakeholders.

 

As a business operating in the retail environment, with responsibilities to the wider community, [Insert company name here] is committed to provide its employees and stakeholders with appropriate occupational health and safety instruction, practical work and role models.

 

In addition to this, mechanisms for monitoring the OHS System including audits, risk assessments, analysis of OHS workplace committee inspections and incident investigations are in place to not only ensure ongoing compliance with the OHS Act but also create a working environment that is safe and healthy for all stakeholders.

 

We cannot achieve our OHS objectives alone and therefore, as an employee of [Insert company name here], in terms of section 14 of the Occupational Health and Safety Act, it is your duty to:

 

* Cooperate with management or other designated persons on any premises of [Insert company name here] to ensure that you comply with all the duties or requirements as required in terms of the OHS Act and relevant in-house rules.

 

* Carry out all lawful orders given to you and obey the health and safety rules and procedures laid down by [Insert company name here] for the premises.

 

* Take all reasonable care not to harm or endanger yourself or other people around you, or interfere with their health and safety.

 

* Report any unsafe situations or conditions that may affect your health and safety to your relevant designated responsible person who will ensure action is taken within a reasonable period of time.

 

* Report any incident that has or could have affected your health and safety to your relevant designated responsible person. An incident includes; near hits, damage, injuries, illness, disease or mortal incident in the cause of your employment.

 

Please note the following general rules:

 

* In order to ensure safety in the workplace, there shall be no stacking of goods on top of cupboards, in aisles or in front of emergency equipment, emergency exits, and electrical distribution boards.

 

* Workplaces must be kept clean and tidy.

 

* If using the services of an outside contractor(s) to do installation / maintenance work on the premises, a “HEALTH AND SAFETY CONTRACT BETWEEN EMPLOYER (The Company) AND CONTRACTOR” [Section 37 (2) of the Act] must be completed prior to commencement of any work.

Click here for access to an example of the “HEALTH AND SAFETY CONTRACT BETWEEN EMPLOYER (The Company) AND CONTRACTOR” document

 

* If using the services of an outside contractor(s) to do installation / maintenance work on the premises, a “HEALTH AND SAFETY FILE” FILE” [Const. Reg. 5 (7)] must be presented prior to commencement of any work on site.

Click here for access to an example of the standard content of a “HEALTH AND SAFETY FILE” document

 

* Ensure that every contractor is registered and in good standing with the compensation fund or with a licensed compensation insurer prior to any work commencing on site. [Const. Reg. 5 (3) (f)]

Click here for access to an example of the certificate of registration with the compensation fund.

 

* Familiarise yourself with the Evacuation Procedures of [Insert company name here] and know where your assembly point is.

 

Compensation:

 

* Every employee is entitled to the prescribed compensation benefits when injured, a disease is contracted or if killed in the course of their employment with certain limitations.

 

* If you are injured in the course of your employment, report it to a Branch Manager and insist that they generate an incident report. Failure to do so could make any compensation claim invalid.

 

* If you are injured in an accident on your way to or from work, report it. Under certain conditions compensation is applicable.

 

* As an employee you will not be entitled to compensation and may be held criminally liable for your act, if it is proved that you acted either without permission, operated out of your scope of authority, were found to be under the influence of alcohol or illegal drugs at the time or if you acted illegally in the course of your employment.

 

Further details pertaining to the Occupational Health and Safety Act and the Compensation for Occupational Injuries and Diseases Act may be obtained from your Branch Manager.