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INTRA-TRAIN South Africa © 2009-2011 - Reproduction for Resale Strictly Prohibited www.safetyhealthtraining.com 1 OCCUPATIONAL HEALTH, SAFETY FIRST-AID.

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Presentation on theme: "INTRA-TRAIN South Africa © 2009-2011 - Reproduction for Resale Strictly Prohibited www.safetyhealthtraining.com 1 OCCUPATIONAL HEALTH, SAFETY FIRST-AID."— Presentation transcript:

1 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 1 OCCUPATIONAL HEALTH, SAFETY FIRST-AID & FIRE TRAINERS KITS Welcome to

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

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

4 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 4 Regulations Asbestos Regulations Applicable to every employer and self-employed person who carries out work at a workplace that may expose any person to asbestos dust at that workplace. Certificate of Competency Applicable to those applying for and obtaining a Certificate of Competency for mechanical engineering. Construction Regulations Applicable to any persons involved in construction work. Diving Regulations Applicable all involved in professional diving activities. Driven Machinery Regulations Applicable to all aspects concerning driven machinery at the workplace. Electrical Installation Regulations Applicable to users or lessors, approved inspection authorities for electrical installations, registered persons, electrical contractors, suppliers, designers and to suppliers of materials and other electrical articles or parts thereof whether temporary, permanent, or in a stationary or mobile state and installation.

5 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 5 Regulations Electrical Machinery Regulations Applicable to all electrical machinery. Environmental Regulation For Workplaces Applicable to the requirements pertaining to noise, lighting, heat within a working environment. Explosives Regulation Applicable to any employer, self-employed person or user who operates an explosives workplace for the purpose of manufacturing, testing, storing or using explosives. Facilities Regulations Applicable to the facilities that must be provided by employers at the workplace for workers, to improve working conditions for all. General Administrative Regulations Applicable to the administrative procedure of the Occupational Health and Safety Act.

6 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 6 Regulations General Machinery Regulations Applicable to the safeguarding, use, supervision and reposting of incident relating to machinery. General Safety Regulations Applicable to the general safety of workers at the workplace. Hazardous Biological Agents Applicable to all aspects of working with hazardous biological agents. Hazardous Chemical Substances Applicable to an employer or a self employed person who carries out work at a workplace which may expose any person to the intake of an HCS at the workplace. Lead Regulations Applicable to every employer and self-employed person at a workplace where lead is produced, processed, used, handled or stored in a form in which it can be inhaled, ingested or absorbed by any person in that workplace.

7 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 7 Regulations Lead Regulations Applicable to every employer and self-employed person at a workplace where lead is produced, processed, used, handled or stored in a form in which it can be inhaled, ingested or absorbed by any person in that workplace. Lift Escalator And Passenger Conveyor Regulations Applicable to lift escalators and passenger conveyors. Major Hazard Installation Applicable to major hazard installation. Noise Induced Hearing Loss Applicable to noise induced hearing loss at the workplace. Vessels Under Pressure Regulations Applicable to boilers and vessels under pressure.

8 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 8 Principles Self Regulatory legislation CEO assumes total accountability CEO to ensure compliance with the law Immediate report of incidents compulsory Guilty until proven innocent - vicarious liability Documentary evidence - archived until needed

9 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 9 The Reasonable Man (Diligens Pater Familias) Reasonable Man Test Would the reasonable man placed in the position of the defendant have foreseen the possibility of causing harm or loss? Would the reasonable man have taken steps to guard against the harm or loss? Did the defendant take such steps?

10 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 10 Vicarious Liability Section 37 The employer must prove he met points 1 - 3, if his employee or contractor has committed an offence. If he cant it is presumed the employer committed the offence! The employer must prove he met points 1 - 3, if his employee or contractor has committed an offence. If he cant it is presumed the employer committed the offence! THE PROOF: 1the act was without his connivance or permission 2the act was not within the scope of authority of the employee 3all reasonable preventive steps were taken by the employer THE PROOF: 1the act was without his connivance or permission 2the act was not within the scope of authority of the employee 3all reasonable preventive steps were taken by the employer

11 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 11 Principle of Relationships Non-Employee Mandatary / Contractors Public CEO Employees

12 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 12 H&S Management System H&S Committee CEO

13 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 13 Organisational Structure C.E.O. (Sect. 16(1)) C.E.O. (Sect. 16(1)) RISK MANAGER/ SAFETY OFFICER. Advisory role RISK MANAGER/ SAFETY OFFICER. Advisory role ASSIGNED SECTION HEAD Sect. 16(2) ASSIGNED SECTION HEAD Sect. 16(2) ASSIGNED MANAGER Sect. 16(2) ASSIGNED MANAGER Sect. 16(2) MANAGEMENT NOMINEE (Sect. 19(3)) ASSIGNED DUTIES I.E. Inspections, Supervisor of machinery, etc. MANAGEMENT NOMINEE (Sect. 19(3)) ASSIGNED DUTIES I.E. Inspections, Supervisor of machinery, etc. H&S REPS (Sect. 17(1)) with optional functions H&S REPS (Sect. 17(1)) with optional functions ASSIGNED SUPERVISOR (Sect. 16(2)) ASSIGNED SUPERVISOR (Sect. 16(2)) EMPLOYER, USER Company, CC, Partnership, Municipality, etc EMPLOYER, USER Company, CC, Partnership, Municipality, etc ASSIGNED MANAGER (Sect. 16(2)) ASSIGNED MANAGER (Sect. 16(2)) EMPLOYEES SAFETY COMMITTEE Management Nominees H&S Reps Advisory members Sect. 19(2) SAFETY COMMITTEE Management Nominees H&S Reps Advisory members Sect. 19(2)

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

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

16 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 16 Focus on Training Employer to inform, instruct and train All Employees exposed to dangers, hazards and risks General Supervision Health & Safety Reps

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

18 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 18 Focus on Administration Rules, procedures, standards, etc Contracts and agreements Committee constitution Health & safety policy Conditions of service Appointment forms Proof of evidence Etc., etc.

19 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 19 Purpose of the Act Provide for the health and safety of: persons at work persons in connection with the use of plant and machinery; The protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work; Establish an advisory council for occupational health and safety; and Provide for matters connected therewith.

20 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 20 Important Sections 1 Definitions 8 Duties: employer to employee 9 Duties: employer to non-employee 10 Duties: manufacturers, etc: things use at work 11 Listed work 12 Duties: employer re: Occupational Health 13 Duty: to inform

21 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 21 Important Sections 14 Dutiesemployee 15 Dutynot to interfere 16 DutiesCEO 17 Health & Safety RepsSystem 18 FunctionsH&S Rep 19 H&S CommitteesSystem 20 FunctionsH&S Committee

22 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 22 Important Sections 22Sale of certain articles 23Certain deductions prohibited 24Reports:certain incidents 25Reports:occupational diseases 29Functions: Inspectors 37Acts & omissions 38Offences & penalties 41This Act not affected by agreements

23 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 23 Biological Monitoring a planned programme of periodic collection and analysis of body fluid, tissues, excreta or exhaled air in order to detect exposure to or absorption of any substance or organism by persons

24 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 24 Danger anything which may cause injury or damage to persons or property Acid

25 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 25 Employee any person who is employed by or works for an employer and who receives or is entitled to receive any remuneration or who works under the direction or supervision of an employer or any other person.

26 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 26 Employer any person who employs or provides work for any person and remunerates that person or expressly or tacitly undertakes to remunerate him but excludes a labour broker as defined in the Labour Relations Act, 1956

27 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 27 Hazard a source of or exposure to danger Acid

28 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 28 Healthy free from illness or injury attributable to occupational causes

29 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 29 Inspection Authority means any person who with the aid of specialized knowledge or equipment or after such investigations, tests, sampling or analyses as he may consider necessary, and whether for reward or otherwise, renders a service by making special findings, purporting to be objective findings:

30 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 30 Inspection Authority means any person who makes objectives finding re: (a) the health of any person; (b) the safety or risk to health of any work, article, substance, plant or machinery, or of any condition prevalent on or in any premises; or (c) whether or not any particular standard has been or is being complied with respect to any work, article, substance, plant or machinery, or with respect to work or a condition prevalent on or in any premises or with respect to any other matter, and by issuing a certificate, stating such findings, to the person to whom the service is rendered

31 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 31 Machinery means any article or combination of articles assembled, arranged or connected and which is used or intended to be used for converting any form of energy to performing work, or which is used or intended to be used, whether incidental thereto or not, for developing, receiving, storing, containing, confining, transforming, transmitting, transferring or controlling any form of energy

32 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 32 Mandatary includes an agent, a contractor or a subcontractor for work, without derogating from his status in his own right as an employer or a user. This is someone who has been mandated to perform work.

33 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 33 Medical Surveillance a planned programme of periodic examination (which may include clinical examinations, biological monitoring or medical tests) of employees by an occupational health practitioner or, in prescribed cases by an occupational medicine practitioner

34 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 34 Occupational Health Includes Occupational hygiene, Occupational medicine and Biological monitoring

35 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 35 Occupational Hygiene the anticipation, recognition, evaluation and control of conditions arising in or from the workplace which may cause illness or adverse health effects to persons

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

37 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 37 Risk the probability that injury or damage will occur Acid

38 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 38 Safe free free any from any hazard

39 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 39 Health & Safety Council Section 2,3,4,5,6 6 x Trade Union Reps6 x Employer Reps 1 x Safety Expert1 x Dept Nat. Health & Welfare 1 x Health Expert1 x Dept Mineral & Energy Affairs 1 x Hygiene Expert1 x Dept Labour 1 x COID Rep1 x Chief Inspector

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

41 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 41 Health & Safety Policy Section 7 the employer must: 1when directed by the Chief Inspector: prepare a written policy re: – health & safety employees at work, – the description of his organisation – arrangements for carrying out & reviewing the policy 2guidelines from Chief Inspector 3sign and display the policy at the workplace

42 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 42 Employers Duties Re: Employees Section 8 Every employer shall: provide & maintain safe / health risk free: 1working environment 2 asystems of work, plant & machinery take steps to: 2 bmitigate hazards & potential then issue PPE make arrangements re: 2 csafety / absence or risks re: produce, process, use, handle, store or transport or articles or substances

43 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 43 Employer shall: establish: 2 dhazards attached to work performed – article or substance produced, processed, used, handled, stored or transported – any plant or machinery used – precautionary measure to be taken + provide : the necessary means to apply such measure. 2 einformation, instruction, training and supervision Employers Duties Re: Employees Section 8

44 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 44 Risk Profile DANGER HEALTH SAFETY DANGER HEALTH SAFETY HAZARD RISKS PPE TRAIN REMARKS

45 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 45 Employer shall: not permit: 2 fany employee to do any work, produce, process, use, handle, store, transport any article or substance unless precautionary measures are taken ensure: 2 gnecessary measures are complied with by everyone enforce: 2 hthe necessary measures Employers Duties Re: Employees Section 8

46 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 46 Employer shall: ensure: 2 i work is performed, plant and machinery is used under general supervision of a person who has been: » trained to understand the hazards and » authorised to ensure measures are implemented cause: 2 j all employees to be informed of scope of authority. Employers Duties Re: Employees Section 8

47 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 47 Analyse your Health Hazards ChemicalDust FatigueFumes GasesLighting MistNoise RadiationSmoke StressTemperature VapourVibration

48 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 48 Analyse your Safety Hazards ChemicalElectricity ExplosionsFires HousekeepingMechanical devices Pressure vesselsProduction Machinery ToolsTransportation Other?

49 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 49 GENERAL DUTIES Employers & Self Employed re: Non-employee Section 9 1 EMPLOYER to ensure: that non-employees 2 SELF-EMPLOYED to ensure: that he & others affected by his activities are not exposed to health & safety hazards

50 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 50 GENERAL DUTIES Manufacturers & Others Re: Articles for use at Work Section 10 1designers, manufactures, importers, sellers & suppliers of any article shall ensure: – the article is safe / without risk when properly used – that it complies with all prescribed requirements 2installers & erectors shall ensure: – it is free from risk when properly used

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

52 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 52 Listed Work Section 11 THE MINISTER: 1may declare any work to be listed work 2ashall publish intentions & invite comment 2 bshall allow min. 3 months for comment 3a2 b does not apply to amendments 3 bmay if in public interest declare w/o delay

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

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

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

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

57 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 57 General Duties Employee at Work Section 14 atake care of himself and others who may be affected by his acts or omissions bco-operate with his employer i.r.o. the Act ccarry out lawful orders, obey health & safety rules & procedures dreport unsafe & unhealthy situations to: his HAS Rep or employer ASAP. ereport any incident which: may affect his health caused an injury to himself, within his shift or ASAP

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

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

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

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

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

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

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

65 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 65 Functions of H&S Reps Section 18 2H&S Reps shall be entitled to i.r.o. their designated workplaces: aVISIT sites of incidents at all reasonable times and attend inspections in loco bATTEND any investigation or formal inquiry cINSPECT any H&S document dACCOMPANY an inspector on any inspection eACCOMPANIED by an approved technical advisor on any inspection (with approval) fPARTICIPATE in any internal H&S audit

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

67 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 67 Health & Safety Committees Section 19 1ESTABLISH a committee if 2 or more H&S reps CONSULT with the committee at every meeting re: initiating, developing, promoting, maintaining & reviewing H&S measures 2 DETERMINE the number of members aif 1 Committee then all H&S Reps to serve on it bif 2 Committees then H&S Rep is to serve on 1 cnever more employer nominees than H&S Reps

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

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

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

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

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

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

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

75 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 75 Report Certain Incidents Section 24 ba major incident occurred cthe H&S of any person was endangered (i) dangerous substance was spilled, (ii) uncontrolled release of any substance under pressure

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

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

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

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

80 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 80 Designation & Functions of Chief Inspector Section 27

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

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

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

84 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 84 Investigations By Inspectors Section 31 FORMAL INQUIRIES Section 32 JOINT INQUIRIES Section 33

85 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 85 Obstruction of Investigation, Inquiry, Presiding Inspector Fail To Render Assistance Section 34 NO PERSON SHALL: afail to comply with lawful direction, etc. brefuse to answer questions (not incriminating) cadvise, incite, etc., others not to comply drefuse or fail to provide assistance erefuse or fail to attend finsult presiding inspector / interrupt proceeding

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

87 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 87 Disclosure of Information Section 36 NO PERSON: functioning i.t.o. this Act shall disclose info except afor proper administration of this Act bfor purpose of administration of justice cspecific H&S matters at work or at the request of the H&S Reps or committee

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

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

90 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 90 Offences, Penalties & Special Orders of Court Section 38 GENERAL OFFENCES R50, or 12 months or both OFFENCES WHERE: an employer commits or omits and causes a negligent injury which would have been culpable homicide had the person died R100, or 24 months or both

91 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 91 Proof of Certain Facts Section 39 1Presumption as employee 2Proof of age 3Documentary evidence 4Wilful falsification 5aSale of machinery 5bApproved authority reports 6Text of H&S standards 7H&S Committee records

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

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

94 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 94 Delegation & Assignment of Functions Section 42 Regulations Section 43

95 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 95 Incorporation of H&S Standards Section 44

96 INTRA-TRAIN South Africa © Reproduction for Resale Strictly Prohibited 96 Serving of Notices Section 45 Jurisdiction of Courts Section 46 State Bound Section 47

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


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