Listed Work and The Occupational Health and Safety Amendment Bill 2020

There are extensive changes brought on by the Occupational Health and Safety Amendment Bill 2020, with the theme of these changes surrounding loose ends being tied up along with the clarification of processes, polishing of the Occupational Health and Safety Act 85 of 1993, and the clearing up of uncertainties so that the Act reflects inclusivity.

One of the sections of the OHSA that are affected by these changes refers to the Listed Work under Section 11 of the OHS Amendment Bill and the General duties of the employer, under Section 12. The changes made are indicated and broken down in the sections below.

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Changes to Listed Work (Section 11 of OHS Amendment Bill 2020)

The Minister may, subjected to provisions made in subsections 2 and 3, by notice in the Gazette, declare any work, associated with the conditions or circumstances specified in the notice, to be listed work.

Before the minister may declare any work as listed work, he or she must, following consultation with the Council, cause to be published in the Gazette a draft of his or her proposed notice. Simultaneously, he or she must invite interested persons to submit to them, in writing, a specific period, comments, and representations associated with the proposed notice.

The period between the publication of the draft notice and the notice under subsection (1) remains no less than three months, and the provision of subsection 2 which shall not apply are as follows:

• If the Minister, in pursuance of comments as well as representations in terms of Subsection (2)(a), decides to publish the notice indicated in Subsection (1), in an amendment form.
• To any declaration in terms of Subsection (1) in respect of which the Minister is of the opinion that the public interest requires for it to be made without any delay.

Lastly, a notice, specified in Subsection (1) may, at any given time, be amended or withdrawn by like notice.

General Duties of the Employer with Listed Work (Section 12)

Employers must note that there have been changes made to this entire section, and that it now reads as indicated below.

Employers must conduct a risk assessment pertaining to listed work and subsequently develop and implement a risk management plan, indicating the risks which have been identified for the specific work.

The risk assessment which was conducted for the specific workplace must be done by a competent person, or persons, who are competent in pronouncing the risks associated with the listed work and where a risk may be complex in nature. A risk assessment must be conducted by a competent specialist to pronounce on all risks involved with the specific work.

The employer must ensure that there is a workplace specific risk management plan implemented and that it is available in the workplace when requested by an inspector.

In addition, an employer must prohibit listed work if the control measures indicated in the risk management plan are not complied with.

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How does SafetyWallet support its Subscribers?

While there are rapid changes to legislation in South Africa to ensure health and safety in workplaces across all industries, employers and subscribers to SafetyWallet can rest assured that He or She will be updated accordingly.

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SafetyWallet works to help its subscribers achieve optimal compliance with the Occupational Health and Safety Act, and all other relevant legislation, regulations, and all other laws and legal requirements.

To find out more on how SafetyWallet can help your organisation transition to implement the new changes made by the Occupational Health and Safety Amendment Bill 2020, subsequently increasing your compliance to the Occupational Health and Safety Act, click here.