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1. The Occupational Health and Safety Act requires employers to have a Health and Safety Policy in place 

Section 7 of the Occupational Health and Safety (OHS) Act requires and thereby ensures that the employer provides and maintains a work environment that is free of OHS risks and at all times is a safe environment to employees. This part of the act the health and safety policy sets out and displays the employer’s commitment to OHS and a health and safety plan and minimum standards. However, employers have a right and are encouraged to set a higher OHS standard in their workplace. A company or government department’s health and safety policy displays and communicates general commitment, specific commitment, company rules and regulations, to achieve this health and safety policy goal and in so doing should prevent accidents, incidents and diseases occurring in the workplace.

An extract from the OHS Act 85 of 1993

Section 7 – Health and Safety policy

(1) The chief inspector may direct

(a) any employer in writing; and

(b) any category of employers, by notice in the Gazette, to prepare a written policy concerning the protection of the health and safety of his employees at work, including a description of his organisation and the arrangements for carrying out and reviewing that policy.

(2) Any direction under subsection (1) shall be accompanied by guidelines concerning the contents of the policy concerned.

(3) An employer shall prominently display a copy of the policy referred to in subsection (1), signed by the chief executive officer, in the workplace where his employees normally report for service.

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Protecting your employees and company against non-compliance with the Occupational Health & Safety Act.

Non-compliance with occupational health and safety legislation in South Africa can have a negative impact, including death, loss of income and disability, to mention but a few. It is therefore of utmost importance for employers to comply with occupational health and safety legislation to reduce work-related injuries and illnesses.

In many jurisdictions around the globe, workplace inspections are conducted to assist businesses to adhere to occupational health and safety legislation, while compliance orders issued to work-sites as a result of these inspections are considered to reduce the risk of occupational injuries and exposure to health hazards.

In our series on occupation health and safety in the workplace, we have already discussed employer responsibilities. This week we look at the implications of non-compliance with the Occupational Health and Safety Act (OHSA). Employers in South Africa have a legal duty under both common law and statute (as per the OHSA) to provide and sustain a working environment free of risk to the health and safety of their employees.

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Health and Safety Legislation

In the early years from about the First World War, it was recognised by the South African Government that too many serious injuries and fatalities were occurring in the workplace. The war effort had caused high production and desperate measures to turn out armaments according to the demand. In an effort to control this, the Factories Act, 1918 (Act no, 28 of 1918) was promulgated, which set a standard for South Africa’s industry. During the Second World War, the Factories Act was improved on and replaced by the Factories, Machinery and Building Work Act, 1941 (Act no. 22 of 1941). This Act placed duties and responsibilities on users of machinery, occupiers of factories as well as builders.

Some 40 years later we saw the introduction of the Machinery and Occupational Safety Act, 1983 (Act no. 6 of 1983) followed 10 years later by the Occupational Health and Safety Act, 1993 (Act no. 85 of 1993). What was notable of this Act was the introduction of Occupational Health. There is currently a Draft Occupational Health and Safety Bill that, according to the Department of Labour, will be published shortly for public comment.

Other related Occupational Health and Safety legislation in South Africa are the Mine Health and Safety Act, 1996 (Act no. 29 of 1996), the South African Maritime Safety Authority Act, 1998 (Act no 5 of 1998), the National Railway Safety Regulator Act, 2002 (Act no. 16 of 2001), the Civil Aviation Act, 2009 (Act 13 of 2009) and the National Road Traffic Act and Regulations, 1996 (Act no. 93 of 1996). It is interesting to note that all these Acts are post democracy baring the Occupational Health and Safety Act, 1993 (Act no. 85 of 1993).

Health and Safety Management Systems

The National Occupational Safety Association (NOSA) was established in 1952, it was funded by the then Workmen’s Compensation Commissioner (WCC). NOSA’s purpose was to advise management on accident prevention and loss control. In doing so NOSA developed a 72 Element Management by Objective (MBO) Five-Star 5 system.

The Introduction of the NOSA Rating System came about because the Sugar Millers Association, which held an annual safety competition, was displeased by a directive issued by the NOSA board in 1966. The directive prevented competition marks from being divulged or published (coded individual marks). The Millers Association management was adamant that they needed to know how well, or otherwise, each mill had fared. Wyn Burgers, the Natal NOSA Regional Safety Organizer at the time, needed to somehow satisfy them while remaining within the parameters of the new NOSA Directive. The solution he came up with was the NOSA Rating system, which was approved by then GM of NOSA, Godfrey Terry, in December 1967.

The system was introduced and explained at a NOSA Natal Region Group meeting held in Durban in February 1968 and was received with enthusiasm by both the Sugar Milling Industry as well as the rest of Natal NOSA Membership. In order to avoid a clash with the star rating system used by the Hotel Industry, initially alphabetical grading symbols were used.

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