www . refrigerationandaircon . co . za RACA Journal I August 2023 21
Business - Occupation health and safety procedure that allows families to participate and have their questions answered can ensure a more transparent and fair investigation process .
The construction industry must continually strive to improve OHS practices and stay updated with evolving regulations . Regular training sessions and awareness programmes for workers and supervisors are essential to ensure a culture of safety on construction sites . By implementing comprehensive safety measures , such as risk assessments , proper equipment usage , and effective communication channels , construction companies can significantly reduce the occurrence of accidents and enhance worker well-being .
On the horizon are proposed amendments to the OHS Act aimed at addressing existing loopholes and enhancing worker protection . While it is not an entirely new act , amending specific provisions is crucial for bringing about necessary improvements . However , previous attempts to introduce amendments , such as incorporating OHS into the Constitution , were unsuccessful . This has led to concerns regarding the rationality and constitutionality of the draft OHS Amendment Bill .
Section 10 of the Constitution , which focuses on human dignity , has significant implications for OHS in the construction industry . Ensuring workers ' safety and well-being is not only a legal obligation but also an ethical imperative . It is undignified for loved ones to be unaware of the circumstances surrounding workplace accidents and fatalities . Transparency and open dialogue are essential , emphasising the need for a comprehensive review of the draft OHS Amendment Bill .
Section 31 investigations , which lack transparency and fail to uphold human dignity , are a major objective to be corrected in the proposed OHS Amendment Bill . Unlike the procedures outlined in the existing Mine Health and Safety Act , Section 31 investigations do not provide a platform for families and other stakeholders to ask questions and seek clarification . Fatal accidents should be subject to formal procedures , such as commissions of inquiry , with legal representation for all parties involved . The current approach falls short in terms of transparency , accountability , and justice .
Consequently , it is imperative to ensure that families are adequately supported during formal inquiries . To ensure the utmost safety in the construction industry , it is essential to align the proposed amendments with the Bill of Rights and existing regulations . The draft OHS Amendment Bill should strive to comply with constitutional principles , including human dignity , transparency , and the right to a safe and healthy work environment .
IDENTIFICATION OF HAZARDS One crucial aspect of OHS in construction is the identification and assessment of potential hazards . Regular inspections and risk assessments should be conducted to identify any unsafe conditions or practices which can include falls from heights ,
© Sharyn MacNamara / IMD electrical hazards , exposure to harmful substances , and accidents involving heavy machinery and equipment .
When it comes to specific hazards in construction , confined spaces pose significant risks . Incidents involving confined spaces have been a recurring problem , often resulting in fatalities . To mitigate these risks , adherence to the general safety regulation on working in confined spaces is crucial . This includes assessing the atmosphere , certifying its safety in writing , obtaining entry permits , and ensuring the presence of trained individuals for resuscitation outside the confined space .
To ensure a comprehensive understanding of the OHS situation on construction sites , it is important to involve all stakeholders . This includes not only the workers but also representatives from the relevant authorities and industry bodies , which can provide valuable insights and observations . By encouraging active participation and collaboration , a more accurate assessment of OHS can be achieved .
It is equally important to involve law enforcement agencies when necessary . However , it is worth noting that the legal jurisdiction within the construction industry can be complex . Section 31 , for instance , may not be suitable for a formal enquiry and should be handled with caution . In such cases , it is advisable to provide information , engage in cross-examination , and encourage the participation of all relevant bodies to ensure a fair and comprehensive investigation .
One common issue in the construction industry is the lack of involvement of legal professionals , leading to potential gaps and uncertainties . To address this , it is necessary for construction companies to be proactive in understanding and applying the relevant regulations . By familiarising themselves with the applicable regulations and ensuring compliance , construction companies can protect their workers and mitigate risks effectively .
Furthermore , it is important to acknowledge that companies , as juristic persons , are also protected by certain rights , such as the Bill of Rights . While addressing OHS concerns , companies should focus on safeguarding their interests without self-incrimination . Understanding the applicable regulations and documenting safety measures can help construction companies protect themselves legally while prioritising the safety of their workers . RACA
Raynard Looch ’ s presentation at A-OSH
www . refrigerationandaircon . co . za RACA Journal I August 2023 21