The Occupational Health and Safety Act No 85 of 1993 gives employees specific rights in health and safety at work. It gives health and safety guidelines for the workplace to employers and gives inspectors wide powers to ensure that these are being implemented.

WHO DOES THE OHSA COVER?

The Act excludes employees in mines and on ships, where other laws apply. The OHSA covers all other employees, including farm workers, domestic workers and state employees.

THE EMPLOYEE’S DUTIES

Employees must take reasonable precautions for their own health and safety at work. They must follow precautions and rules about safety and health. They must report any unsafe circumstances or accident as soon as possible to the safety representative. Anyone who acts recklessly or damages any safety measures can be charged and a claim for damages can be brought against them.

THE EMPLOYER’S DUTIES

The employer must make sure that the workplace is safe and healthy, and must not allow any employee to do potentially dangerous work. The employee must know what the dangers of the work are. The general duties of the employer are to:

• Choose safety representatives
• Consult with the employees’ trade union about the safety representatives
• Inform employees of the dangers in the workplace
• Reduce any dangers to a minimum before issuing protective clothing
• Issue protective clothing where necessary
• Give necessary training to employees who use dangerous machines or materials, to make sure they know the safety precautions
• Prevent employees from using or working with dangerous materials or machines, unless all the necessary safety rules have been followed
• Ensure that dangerous machines are in good working order and are safe to work with
• Make sure that dangerous machines carry warnings and notices
• Make sure that someone who knows the work is supervising the operations to ensure the safety of the employees
• Keep the workplace open so that employees can escape from danger if necessary
• Not move any evidence of an accident before an inspector has given permission, unless someone has been badly injured and needs treatment

The chief inspector can ask any employer for a report of the safety precautions. An employer cannot take action against any employees who do the following:

• Give information about their conditions at work or that the Act says they have to give
• Give evidence in court
• Respond to any request of an inspector
• Refuse to do anything that is against the law

REPORTING ACCIDENTS OR INCIDENTS

The employer must keep a report of all accidents and safety or health incidents in the workplace. The employer must report certain accidents or incidents to the safety representative and to the Department of Employment and Labour.

SAFETY REPRESENTATIVES AND SAFETY COMMITTEES

The employer must appoint one safety representative for every 20 employees. There must be at least one representative for every 50 employees. The employer must explain to the employees’ organisation what responsibilities the safety representatives will have and how the representatives will be selected. In every workplace where there are two or more safety representatives, there must also be a safety committee. This committee must meet at least every three months. The committee must deal with all safety and health issues that affect employees. The safety committees have certain functions and powers. You can find out more about these in the Act or by contacting the Department of Employment and Labour.

ENFORCEMENT OF THE OHSA

OHSA falls under the administration of the Department of Employment and Labour. Inspectors from the Department have wide powers to search the workplace, question people, ask for explanations from an employer, and so on. An inspector can fine a person for breaking the Act. If that person wants to appeal against the inspector’s decision, they can appeal to the chief inspector. They can appeal against the chief inspector’s decision in the Labour Court. If an employee is hurt at work as a result of the employer not following a safety regulation, then that employer can be fined up to R1 million and/or two years in prison.