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HEALTH AND SANITATION
Legal liabilities
By Chris Coetzee
We may at times feel the frustration of not being compliant
on a site or being delayed due to safety file not being correct,
or simply being told that we need to have a safety file. Why is
this so important? And how can we ensure compliance when
doing our work?
The health and safety framework for South
Africa is governed by the Occupational Health
and Safety Act. Along with this Act, additional
regulations have been developed to assist in
guiding organisations toward a compliance
system of works – or essentially, a safe working
environment.
So, what is your responsibility?
Employees:
OHSA Section 14 – ‘Duty of the Employee’:
1. Take reasonable care for the health and safety of
yourself and of other persons.
2. Cooperate with your employer or person in charge
in the interest of health and safety.
3. Carry out any lawful order given to you and obey
the health and safety rules and procedures.
4. If any situation which is unsafe or unhealthy
comes to your attention, as soon as is reasonably
practicable, report such a situation.
5. If you are involved in any incident which may
affect your health or which has caused an injury to
yourself, report such incident to your employer or
to anyone authorised, or to your health and safety
representative, as soon as possible, but not later
than the end of the shift during which the incident
occurred.
March 2020 Volume 26 I Number 01
Employer:
Section 8 – ‘Duty of the Employer’:
1. Provide and maintain a system of work that as far
as is reasonably practicable, are safe and without
risks to health (including the use of plant and
machinery).
2. Taking such steps as may be reasonably
practicable to eliminate or mitigate any hazard
or potential hazard to the safety or health of
employees, before resorting to personal protective
equipment – this is done by a thorough Hazard
Identification and Risk Assessment.
3. Make arrangements for ensuring the safety and
absence of risks to health in connection with the
production, processing, use, handling, storage or
transport of articles or substances. In addition to
a risk assessment of articles and substances, this
will include a full management system of these
articles and substances to provide for proactive
and reactive solutions.
4. Establishing a risk assessment which includes
precautionary measures for point 3 as well as all
necessary safe working procedures. They shall
also provide the necessary means to apply such
precautionary measures.
Chris Coetzee is director
of OHS Savvy Consulting
(Pty) Ltd, HSE Member
of IOPSA and Technical
Member of SAIOSH. He
has worked along with
training facilities as an
assessor to provide SAQA
Unit Standard training
on various subjects.
Chris currently works as
an Occupational Health
and Safety Practitioner
assisting IOPSA / FEM as
well as member companies
with OHS related issues.
He is the presenter of FEM
Tuesday toolbox talks.
Chris specialises in Fall
Protection Plans, Hazard
Identification and Risk
Assessments, Incident and
Accident Investigations
and Safety Management
Systems / ISO
5. Provide information, instructions, training and
supervision as may be necessary to ensure, as
far as is reasonably practicable, the health and
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