www . refrigerationandaircon . co . za RACA Journal I August 2023 19
Business - Occupation health and safety
AFRICA-OSH EXPO DISCUSSES DRAFT OHS AMENDMENT BILL IN CONSTRUCTION
Written by Eamonn Ryan , with technical information provided in a presentation delivered by advocate Raynard Looch at the 2023 Africa-OSH Expo .
Speaking at the 2023 Africa-OSH Expo in Johannesburg , advocate Looch addressed the critical topic : What to do when an accident occurs at a construction workplace and requires intervention from the Department of Employment and Labour ( DEL ), in which he expressed his concern about the constitutionality of the draft OHS Amendment Bill
The construction industry is known for its unique challenges and risks that can jeopardise the health and safety of workers . Looch noted that DEL cannot simply conduct investigations without following proper procedures , such as a Section 31 inquiry or Section 32 inquiry .
A-OSH Expo is Africa ’ s largest , and most all-encompassing occupational safety and health ( OSH ) exhibition , having been the premier platform for showcasing OSH products and services to the industry for 14 years .
The wellbeing of employees continues to dominate OSH strategies within organisations across all industries and market sectors . Looch has a unique perspective on OHS , having previously been a former public prosecutor in the Mining Court ( OHS Court ), and now runs his own consultancy . His experience allows him to shed light on how the system used to operate in the past . The following is a summary of Looch ’ s presentation : The construction industry operates within a framework of regulations and legislation , primarily the Occupational Health and Safety ( OHS ) Act of 1993 , which predates the Constitution of 1996 . Although the OHS Act is older , it remains a significant piece of legislation that aligns with international trends and standards . This Act ensures that employers provide a safe and healthy working environment to the extent reasonably practicable . It is important for construction companies to understand and adhere to these regulations to protect their workers and avoid legal repercussions .
Compliance is not optional ; it is a legal obligation . Managers , individuals in control , and those with the necessary resources bear the responsibility for creating a safe and healthy workplace . No one is immune to prosecution if they fail to fulfil their duties
© Sharyn MacNamara / IMD outlined in the OHS Act , particularly section 14 , which outlines employees ' responsibilities to their employers .
The penalties for non-compliance in South Africa can be severe , including envisaged fines of up to R5 million or imprisonment for up to five years . Construction companies should pay attention to regulations specific to their operations , such as the General Machinery Regulations and regulations concerning confined spaces . Compliance with these regulations requires drawing up comprehensive protection plans and ensuring the presence of accredited safety officers , construction managers , and construction supervisors .
Raynard Looch , advocate at Klaas Looch Associates .
In my experience , workplace accidents often lead to disputes between parties involved . Unless the facts speak for themselves , incidents become a matter of conflicting narratives . Employees often claim they were provided inadequate training or were unaware of the hazards ( sections 8 and 13 ), while employers
www . refrigerationandaircon . co . za RACA Journal I August 2023 19