When you’re running a business, you need to know all the laws and regulations in South Africa. These laws need to be known by you as the employer, your company and your employees. The most important laws you need to know are those concerning the health and safety of your workplace.
The main goal of the health and safety requirements is to prevent injuries, illnesses and deaths in the workplace. They are also there to prevent the financial hardship that these events can cause for workers, their families and you as the employee.
This article will serve as your guide to the legal requirements for health and safety in the workplace.
Health and Safety Regulations
In South Africa health and safety regulations are governed by the Occupational Health and Safety Act of 1993. The Act intends 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 plants and machinery.
- Protection of persons other than persons at work against hazards to health and safety coming out of or in connection with the activities of persons at work.
The Act is an attempt by the South African government to prevent and avoid work-related injuries or illnesses. The Act is applicable to all industries and regulates all organisations from a normal office environment to more hazardous environments like industrial plants.
All safety and health violations should be reported to the Department of Employment and Labour.
The four most basic rights of the Occupational Health and Safety Act are:
- The right to participate in health and safety in the workplace.
- Employees have a right to know about any hazards in the workplace.
- Employees have the right to refuse any unsafe work.
- The right to no retaliation for raising Occupational Health and Safety concerns.
There are over 20 regulations within the Act. Most of the regulations are generic such as the general safety regulation and general administrative regulation and can be adapted to any business within any industry. Some of the regulations speak to a specific industry such as the hazardous chemical substances regulation and driven machinery regulation.
Employer Responsibilities for Health and Safety
Under the Act, all organisations are required to develop a health and safety policy statement. The development of this statement is done by the chief inspector. The head inspector can instruct a team of selected employers to prepare a list of health and safety guidelines in the workplace.
The health and safety policy must:
- Describe your organisation.
- Describe how the health and safety policy will be carried out in your organisation and how it will be reviewed.
- Contains the guidelines concerning the contents of the health and safety policy.
- Be displayed where your employees can see it when reporting for duty.
The Act states that you as the employer must ensure that your company has addressed most of its requirements and that it is following the government health and safety regulations. Additionally, it encourages you as the employer to constantly evaluate your working spaces and carry out risk assessments and regular health and safety inspections.
As the employer, you are also required to evaluate all work, activities and systems in your company that could present risks to your employees. To avoid this you must provide and develop precautionary measures and systems to prevent workplace injuries. You must also appoint a health and safety supervisor who will carry out all the health and safety precautions.
Employee Responsibilities for Health and Safety
Your employees also have a responsibility when it comes to their health and safety. Your employees need to cooperate with all health and safety requirements as long as the working conditions are safe.
Your employees must ensure they follow the health and safety policy laid out by the chief inspector and you as the employee. By following the rules, it will ensure that they are protected from any potential injuries or illnesses.
How to Enforce Health And Safety Requirements in the Workplace
To ensure that all the health and safety rules in your company are being followed, you need to do the following:
- Ensure that everyone is complying with the rules set out for health and safety.
- Ensure there is regular monitoring and checking of your health and safety procedures.
- Ensure that there is regular monitoring and checking of equipment, contractor performance and inspections.
- You must make sure that all accidents and incidents are reported, investigated and solved in a timely manner to prevent them from happening again.
By following this article, you will ensure that health and safety are prioritised in your company. This will ensure that you comply with the Act and that your employees are in a safe working environment.
