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The Occupational Health and Safety (OHS) Act

The Occupational Health and Safety (OHS) Act

Occupational Health and Safety (OHS) Act. The Occupational Health and Safety (OHS) Act is designed to safeguard the health and safety of individuals in the workplace and those affected by workplace activities. Its primary goal is to prevent workplace-related injuries and illnesses by promoting a proactive approach to safety. The Act governs a wide range of industries in South Africa, from standard office environments to high-risk areas such as industrial plants and construction sites.

Exclusions from the OHS Act

Certain areas, such as mines, mining operations, ships, fishing vessels, and floating cranes, fall outside the Act’s scope and are governed by alternative legislation.

Key Objectives of the OHS Act

The Act aims to:

  • Protect workers and the public from risks associated with the use of machinery and workplace activities.
  • Establish a framework to mitigate workplace hazards and risks before they result in harm.

Structure of the Act

The OHS Act comprises 50 sections, each addressing specific aspects of occupational health and safety. These include the establishment of health and safety committees, employer and employee duties, incident reporting requirements, and the powers of inspectors.

Examples of Key Sections:

  • Section 8: General duties of employers toward employees.
  • Section 17: Appointment of health and safety representatives.
  • Section 24: Reporting workplace incidents to inspectors.
  • Section 37: Acts or omissions by employees or contractors.
  • Section 43: Regulations and incorporation of health and safety standards.

Definitions and Interpretations

Clear definitions in the Act provide precise understanding and interpretation of its provisions. For undefined terms, standard dictionary meanings apply. Some critical definitions include:

  • Employer: A person who hires or directs workers and is responsible for their remuneration.
  • Employee: A person employed or supervised by an employer, entitled to remuneration.
  • Workplace: Any premises where work is performed.
  • Machinery: Equipment used to convert or transmit energy for work-related purposes.

Reasonably Practicable Principle

Employers are required to do everything “reasonably practicable” to ensure workplace safety. This principle is determined by factors such as:

  • The severity and scope of the hazard or risk.
  • Available knowledge and means to mitigate risks.
  • The cost of mitigation relative to the benefits.

For instance, employers must identify hazards, assess risks, and implement measures to reduce risks to an acceptable level. If hazards cannot be eliminated, appropriate steps should be taken to lessen their impact.

Risk Assessment and Mitigation

A risk assessment involves evaluating work activities to identify potential hazards and determining methods to mitigate them. Key steps include:

  1. Identifying hazards.
  2. Assessing the seriousness of risks.
  3. Implementing controls, training, or systems to reduce risks.

When mitigation costs outweigh the risks, employers must still take reasonable steps to ensure safety, such as:

  • Providing training, supervision, and protective equipment.
  • Regularly reviewing the effectiveness of safety measures.

Cost vs. Risk Considerations

Employers must balance costs with safety benefits. For example:

  • Spending excessively on minor risks may not be reasonable.
  • Investing in measures to prevent severe harm, like installing machine guards to prevent amputation, is justified.

Employer Obligations

Even when full mitigation is not feasible, employers must:

  • Inform employees about identified risks and protective measures.
  • Provide training and supervision to reduce risks.
  • Continuously assess workplace conditions to ensure safety.

Conclusion

The OHS Act provides a comprehensive framework to promote workplace safety and health, emphasizing prevention and shared responsibility. By adhering to its provisions and implementing proactive risk management practices, employers can create safer environments for all.

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