Risk Assessment and Occupational Health and Safety Amendment Bill 2020

A Risk Assessment plays a crucial part in any organisation, therefor everyone plays an important part and has their subsequent duties towards their own Health and Safety, that of those around them, and the Health and Safety of the organisation overall.

In the following sections, the duties of an organisation will be explored in-depth.

To learn more on the changes brought on by the OHS Amendment Bill 2020, download your FREE eBook here.


General Duties of Employers to Employees

Every employer must provide as well as maintain, as far as reasonably practicable, a work environment which is safe and does not contain any risk to the health or safety of employees.

The following points on Risk Assessment have been added in OHSA Bill.

Without taking away from the generality of the duties of employers as per subsection (1), matters to which those duties refer include the following:

Employers must:

  • Ensure that a workplace specific risk assessment is conducted followed by the development and implementation of a risk management plan. This plan must be in writing and in respect of each risk identified.
  • Ensure that the workplace specific risk assessment is done by a competent person or persons.
  • Ensure that the workplace specific risk assessment plan is in place and that it is made available in the workplace when an inspector requests it.
  • Ensure that work is prohibited unless control measures indicated in the risk management plan are complied with.
  • Provide information, instruction, training, and supervision where necessary to ensure that health and safety of employees is guaranteed.
  • Ensure that employees are prohibited from conducting work or to produce, process, handle, use, store, or transport articles or substances, or to operate any plant or machine, unless the necessary precautions are followed.
  • Take the necessary measures to ensure that the requirements of the Act are followed by all employees of the employer and by any other persons in his or her control where plant and machines are used.
  • Enforce the necessary measures in the interest of health and safety of employees.
  • Ensure that work is performed, and that machines/plant is used under supervision of a competent person trained to understand the hazards associated with the work, and that the competent person has the necessary authority to ensure that precautions are complied with.
  • Ensure that all employees are informed of the scope of his or her authority.
  • Ensure that the relevant components of the risk assessment plan is communicated to all employees.


General Duties of Employers and Self-Employed Persons to those who are not their employees

In addition to the existing general duties that employers and self-employed persons have towards those who are not in their employment, the OHSA Amendment Bill 2020 includes the following:

  • That each employer conducts an undertaking in such a way that risks posed by identified hazards to persons other than those directly employed by the organisations, who may be directly affected by organisational activities, are not exposed to hazards to his or her health and safety, and that risks are managed according to the risk management plan.
  • That each self-employed person must conduct an undertaking in such a way to ensure that risks posed by identified hazards to the self-employed person and any other persons who may be directly affected by the activities of work performed on the premises, are effectively managed according to the specific risk assessment plan.

General Duties of Manufacturers as well as other pertaining to articles and substances used at work

In addition to the existing general duties that manufacturers and others have with regards to articles and substances for use at work, the OHSA Amendment Bill 2020 includes the sections below.

That any person who designs, manufacturers, imports, sells, leases, or supplies an article for use at work will ensure that:

  • The article is safe and does not pose any risk to the Occupational Health and Safety when it is properly used.
  • That the article is accompanied with the necessary instructions that include precautionary measures that must be adhered to.
  • That the article complies with all the necessary prescribed requirements.

In addition to this, any person who imports, sells, or supplies any substance for work must ensure the following:

  • The substance is safe and that it does not pose a risk to the health of persons when used properly.
  • That the necessary steps be taken to provide information associated with the use of the substance at work. This must include risks to the health and safety of the substance, conditions necessary to ensure that the substance remains safe and without risk when used properly, and the procedures to follow if an accident occurs involving the substance.

Any person who manufactures, imports, sells, or supplies a substance for use at work must ensure that the substance is classified, labelled, and packaged in the prescribed manner.

How does SafetyWallet support its subscribers with Risk Assessments

SafetyWallet offers its subscribers the necessary tools, information, and support pertaining to Risk Assessments to ensure that they are continuously compliant with the Occupational Health and Safety Act, regulations, Standards and Municipal by-laws.

To find out more about how SafetyWallet can help your organisation, and how SafetyWallet can help you adapt to the OHS Amendment Bill 2020

Keeping your workplace legally Health and Safety Compliant may seem like a daunting task. At MAKROSAFE, we have an experienced team of OHS experts available to assist in keeping your company Health and Safety Compliant according to South African Health and Safety Acts and Regulations.
The MAKROSAFE Health and Safety Risk Control Package will assist you with your Risk Management Programme.
By signing up with our Health and Safety Risk Control Package, MAKROSAFE will assist you with your Risk Management journey.
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Posted date: 4th Jul 2021
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