FEATURES- HEALTH AND SAFETY
As a worker, it is vitally important that you know your rights.
There are, however, certain things that you, the worker, needs to do and take note of. To ensure your health and safety, and that of your co-workers, you must:
• Follow any safety directions and work instructions from your employer or supervisor.
• Work with your employer and anyone else – such as your co-workers – who can help to keep your workplace safe.
• Use all necessary personal protective equipment( PPE) and clothing in the correct way.
• Report any hazards, accidents or near misses immediately for your employer or supervisor to investigate.
In this way, the employer and the workers are involved in a system where health and safety representatives may inspect the workplace regularly and then report to a health and safety committee, which in turn may submit recommendations to the employer. To ensure that this system works, every worker must know his or her rights and duties as contained in the act.
THE MORE YOU KNOW
In South Africa, the Occupational Health and Safety Act is administered by the Chief Directorate of Occupational Health and Safety of the Department of Labour. In order to ensure the health and safety of workers, provincial offices have been established in all the provinces. To this end, occupational health and safety inspectors from these provincial offices carry out inspections and investigations at workplaces.
Inspections are usually planned on the basis of accident statistics, the presence of hazardous substances, such as the use of benzene in laundries, or the use of dangerous machinery in the workplace. Unplanned inspections, on the other hand, usually arise from requests or complaints by workers, employers, or members of the public. These complaints or requests are treated confidentially.
If an inspector finds dangerous conditions at the workplace, they may set requirements to the employer in the following ways:
• Prohibition notice In the case of threatening danger, an inspector may prohibit a particular action, process or the use of a machine or equipment, by means of a prohibition notice. No person may disregard the contents of such a notice and compliance must take place with immediate effect.
• Contravention notice If a provision of a regulation is contravened, the inspector may serve a contravention notice on the workers or the employer. A contravention of the act can result in immediate prosecution, but in the case of a contravention of a regulation, the employer may be given the opportunity to correct the contravention within a time limit specified in the notice which is usually 60 days.
• Improvement notice Where the health and safety measures which the employer has instituted, do not satisfactorily protect the health and safety of the workers, the inspector may require the employer to bring about more effective measures. An improvement notice which prescribes the corrective measures is then served on the employer.
Source: Department of Labour
KNOW YOUR RIGHTS
As a worker, it is vitally important that you know your rights. Some employers may try to take advantage of workers, in order to get the most bang for their buck. Other times, the employer simply doesn’ t know any better and it’ s up to the worker to make sure everything is done as it should be.
Workers’ rights include:
• The right to information The worker must have access to the Occupational Health and Safety Act and regulations, health and safety rules and procedures of the workplace, health and safety standards which the employer must keep at the workplace. The worker may request the employer to inform him or her about health and safety hazards in the workplace, the precautionary measures which must be taken, and the procedures that must be followed if a worker is exposed to substances hazardous to health.
• The right to participate in inspections If the worker is a health and safety representative, they may accompany a health and safety inspector from the Department of Labour during an inspection of the workplace and answer any questions the inspector may ask.
• The right to comment on legislation and make representations The worker may comment or make representations on any regulation or safety standard published under the Occupational Health and Safety Act.
• The right not to be victimised An employer may not dismiss a worker from his service, reduce a worker ' s salary or reduce a worker ' s service conditions because:
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The worker supplied information, which is required of him or her in terms of the act, to someone who is charged with the administration of the Occupational Health and Safety Act the worker complied with a lawful notice,( such as a prohibition or contravention notice). »»
The worker did something which in terms of the act should not have been done. »»
The worker did something which in terms of the act is prohibited. »»
The worker has given evidence before the Industrial Court or a court of law on matters regarding health and safety.
• The right to appeal The worker may appeal against the decision of an inspector.
// FEB / MARCH 2017 53