What every contractor and/or supplier in South Africa must know about health and safety – Part 2

The following provides a guide with sections as per the Occupational Health and Safety Act (85 of 1993), on what every contractor and/or supplier in South Africa must know about health and safety.

Duty not to interfere with, or misuse, objects

According to the Occupational Health and Safety, no person can either interfere with or misuse, any object which has been provided for the purpose of health and safety.

Health and Safety Representatives

What are Health and Safety Representatives?

They are full-time employees who are nominated, or elected, and designated in writing by the employer. This happens after the employer and employees have consulted one another and an agreement has been reached about who the health and safety representatives will be.

Furthermore, such employees must be familiar with both the circumstances and the conditions at their specific workplace where they are stationed.

There must also be an agreement regarding the period of office along with the functions that the representative must performed.

How many Health and Safety Representatives must be designated?

Every workplace which consists of 20 employees, or more, must have a designated health and safety representative. In shops and/or offices, there must be one representative for every 100 employees.

In other workplaces, there must be one representative for every 50 employees or a part thereof. Depending on certain circumstances, an inspector may request that more representatives be designated, even should there be less than 20 employees in a certain area.

When must health and safety representatives be designated?

Health and safety representatives must be designated within four months after the employer has commenced their business.

When are health and safety representatives required to perform their duties?

All activities associated with the designation as well as function and training of representatives must be conducted within normal working hours.

What may a health and safety representative do?

Health and safety representatives are entitled to do the following:

• Health and safety audits
• Identify any potential hazards
• Investigate incidents
• Make representations
• Conduct inspections, and
• Attend committee meetings

Health and Safety Committees

What is their purpose?

Members of the health and safety committee gather to initiate, promote, maintain and review the measures involved in ensuring the health and safety of employees.

When must such a committee be established?

When there are two or more health and safety representatives designated in the workplace.

How many members must the health and safety committee have?

This is determined by the employer based on:

• Should only one committee be established for a workplace, all the representatives must be members of that committee, or
• Should there be two or more committees, each representative must be a member of at least one committee.

How often do health and safety representatives need to gather?

They can meet whenever it is necessary, but they must meet at least every three months. The committee can determine the time as well as the place. However, should 10%, or more, of the workers request that a meeting be held to the inspector, the inspector may order that a meeting be held, and they may also indicate the time and the place.

Who decides on the procedure of the meeting?

The committee members elect the chairperson, and they determine the chairperson’s period of office, meeting procedures, and other arrangements.

What are the functions of a health and safety committee?

Health and safety committees perform the following functions:

• Make recommendations.
• Discuss incidents.
• Recordkeeping, and/or
• Any other functions required of them by regulation

Deductions

Employers are prohibited from deducting any amount from an employee’s remuneration for anything that they are required to do in the interest in health and safety in terms of the Act.

Report to the Chief Inspector regarding Occupational Diseases

Should a medical practitioner examine or treat an employee for any disease that they suspect arose from the work environment, the medical practitioner is lawfully obligated to report the case to the employer of such an employee as well as the Chief Inspector.

Cooperation with the inspector

Both employers, as well as employees, are obligated to comply with any directions, subpoenas, requests, or orders of inspectors. In addition, no person may prevent another from complying.

Answering questions

The questions of the inspector must be answered. However, no person is obligated to answer a question which could result in their incrimination. Incrimination means that a person suggests that they are responsible for a contravention.

Investigations

Should the inspector require it, they must be provided with the necessary means and assistance that they need to start an investigation. In addition, the inspector may also request that investigations are attended. The inspector may not be insulted by any person and deliberate interruption of the investigation is prohibited.

Prosecutions

Should an employee do something which, in terms of the Occupational Health and Safety Act, is regarded as an offence, the employer will be held responsible for that offence. The employer can also be found guilty and face a sentence for it, unless the employer can prove:

• That they did not provide their consent for the act.
• That they took reasonable steps to avoid or prevent it.
• That the employee did not act within the scope of their competence, meaning that the employee did something that they knew they should not have done.

The foregoing will also apply to a mandatory, contractor, supplier, or subcontractor of the employer. This is unless the parties have agreed beforehand and in writing, on how the mandatory, contractor, supplier, or subcontractor will comply with the provisions made in the Act.

How can SafetyWallet help Employers and Contractors’ Health and Safety Compliance?

SafetyWallet works to ensure that its subscribers are supported and assisted in all matters relating to health and safety, and through a partnership with MAKROSAFE and OHS Online, subscribers can ensure that they are a part in creating a safer, healthier, and more compliant working environment. To find out how you can ensure employer and contractor’s Health and Safety compliance, Contact Us.