INSIGHT
While technological advances will assist , in the interim , it is essential for all stakeholders to go ‘ back to basics ’.
energy sources , including hydraulic , pneumatic , and stored energy . The basic systems that are implemented to avoid these accidents rely heavily on action from the operators and the individual employees themselves through , for example , the implementation of the ‘ 3m Rule ’, which requires persons to be at least 3m away from moving mobile machines — always . Lifting accidents rely on the operator of the crane and persons giving signals to the operator , as well as the individual employees who are situated underneath the load or close to the load . Where revolving machinery is involved , accidents often occur because the guarding is inadequate , removed , or bypassed . The common theme is that several of the accidents can be attributed to human behaviour . The primary aim of implementing technological improvements is to avoid over-reliance on human behaviour and to implement what is commonly referred to as a ‘ hard barrier ’, which excludes the need for human intervention . Examples include personnel / machinery warning and anti-collision systems that do not rely on intervention by the operator to bring the machinery to a stop , before the interaction occurs . While technological advances will assist , in the interim , it is essential for all stakeholders ( clients , agents , principal and other contractors , and the employees ) to go ‘ back to basics ’. The back to basics programme should have , as its starting point , identification of the health and safety responsibilities that are placed on the stakeholders by the provisions of the Occupational Health and Safety Act , 1993 ( Act No . 85 of 1993 ) ( OHSA ) and the various regulations that are in force in terms of the OHSA , such as the Machinery Regulations and the Construction Regulations . It is , unfortunately , disappointing that there is often a lack of understanding of the legal responsibilities that are placed on employers and employees in terms of the OHSA and the regulations , and critically , those persons who manage and supervise construction work . No health and safety programme is complete without a component that ensures that managers and supervisors are competent to hold the management and supervisory position ; that is , that they are fully familiar with the OHSA and its regulations , the work sites , and both know and understand the hazards to which persons are exposed , when allocating tasks . The back to basics approach requires employers , in respect of their own employees and other persons who may be affected by their activities , to at the very least , focus on the following : conducting appropriate hazard identification and risk assessments comprising baseline , issue-based , and continuous hazard identification and risk assessments ; implementing appropriate measures to address the identified hazards and assessed risks , comprising codes of practice , standards , procedures , and instructions ; implementing a comprehensive health and safety training and communications system aimed at communicating the hazards and the measures to address the hazards ; appointment of competent supervisors whose task it is to implement the first three components ; the implementation of an over inspection system that is designed to ‘ close the loop ’; and the implementation of a contractor management system , which is aligned with the previous five components . It is possible , given the high labour intensity of the construction sector , that the move to significant mechanisation and automation may not be practical in the near term , emphasising the need to implement health and safety programmes that focus on ‘ back to basics ’ in the interim . nn
Hogan Lovells
About the author Warren Beech is the global head for the Mining Subsector of the ENRG Sector for Hogan Lovells . He provides multidisciplinary legal and related services to the mining , construction , and engineering industries , including health and safety , environmental , commercial , litigation , criminal and employment law , as well as national and international training , auditing , consulting , seminars , and conferences .
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