www . refrigerationandaircon . co . za RACA Journal I January 2025 37
Support
• Have other people spotted a problem ?
• Have you learnt anything from accidents or near misses ?
• Make sure your risk assessment stays up to date
Elsie , this is a simple overview of HIRA in the workplace . Section 14 of the OHS applies to the general duties of employees at work .
WHAT IS THE OBJECTIVE OF THE OHS ACT ?
It is a legal document setting out the requirements for the health and safety in the workplace . Why do we need to have a set of mandatory controls for safety in the workplace ? To ensure conformity and compliance with safety standards .
The OHS Act has been written in a way that provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery ; the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activity of persons at work ; to establish an advisory council for occupational health and safety ; and to provide for matters connected therewith .
The Act is comprehensive legislation enforceable by law and as stated applies specifically to safety in the workplace . There are a variety of definitions in this legislation that are covered by the Occupational Health and Safety Act 85 of 1993 . This Act is amended regularly , and it is necessary to ensure that up to date information on the regulations are maintained . Every employer with five or more persons in his employ shall have a copy of the Act and the relevant regulations readily available at the workplace , provided that where the total number of employees is less than five the employer shall , on the request of an employee , make a copy of the Act available to that employee .
INTERPRETATION OF SECTION 14 OF THE OHS ACT AS IT APPLIES TO EMPLOYEES AT WORK : INTRODUCTION
No person employed in a work environment shall willfully and without reasonable cause do anything likely to endanger him or others . An employer must ensure that his premises are a safe place to work . Every employee , trainee or experienced worker must ensure that he / she is a fit and capable person to carry out his or her assigned tasks . By law every employee must :
• Obey all the safety rules of his or her place of employment
• Understand and use , as instructed , the safety practices incorporated in tasks
• Not proceed with his or her task if any safety requirement is not understood
• Maintain his / her working area , keeping the space tidy and maintain his / her tools in good condition
• Draw the attention of the immediate superior of any potential hazard
• Report all accidents or incidents to responsible person
• Conduct a risk assessment before commencing work
ACCIDENTS
Accidents do not happen , they are caused . If you are honest with yourself you cannot think of a single accident that could not have been avoided , by care and forethought . Accidents can and must be prevented . They cost the country millions of lost man-hours of production each year . Even this is of little importance compared with the immeasurable cost in human suffering . It is happening all the time according to statistics presented in industry .
The employee is responsible for his own safety in the workplace . While the OHS Act and all its legal implications are in place to protect employees , ultimately the employee ’ s safety is his own responsibility . If it is felt that the task he / she is being asked to perform is contrary to statutory safety requirements then the employee must inform the employer of any potentially dangerous and unsafe situation . The employee is also required to ensure that all necessary documentation pertaining to any incident is accurately and fully recorded .
How can an employee ensure his own safety and that of others in the workplace ? The employee must understand and comply with the safety requirements of the OHS Act at all times . Where the employee is aware that certain safety requirements are not being conformed to it is his responsibility to inform the employer .
GENERAL DUTIES OF EMPLOYEES AT WORK
Every employee shall at work :
1 . Take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions . The operator must accept that he has a responsibility to himself and those around him to work in a safe manner .
2 . In regard to any duty or requirement imposed on his employer or any other person by this Act , co-operate with such employer or person to enable that duty or requirement to be performed or complied with . The operator is expected to give the employer their full cooperation , however this is conditional on a safe working environment and that his fundamental rights are not being infringed .
3 . Carry out any lawful order given to him and obey the health and safety rules and procedures laid down by his employer or by anyone authorised thereto by his employer , in the interest of health or safety . It is advisable that all rules and procedures are fully transparent to ensure that lawful orders and instructions are complied with .
4 . If any situation which is unsafe or unhealthy comes to his attention , as soon as practicable report such situation to his employer or to their health and safety representative for his workplace or section thereof , as the case may be , who shall report it to the employer ; and where situations arise that affect safety that the employer is unaware of this should be brought to his attention soonest .
5 . If he is involved in an incident which may affect his health or which has caused an injury to himself , report such incident to his employer or to anyone authorised thereto by the employer , or to his health and safety representative , as soon as practicable but not later than the end of the particular shift during which the incident occurred , unless the circumstances were such that reporting of the incident was not possible , in which case he shall report the incident as soon as practicable thereafter . The sooner the employer is aware of any health or safety problem the sooner he can deal with it .
www . refrigerationandaircon . co . za RACA Journal I January 2025 37