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SheREP.pptx

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This document outlines the roles and responsibilities of various parties involved in workplace safety, health, and environmental issues. It discusses the roles of employers, employees, health and safety representatives, trade unions, and government inspectors from the Department of Labour. It describes the general duties of each party, as well as the rights and entitlements of employees and health and safety representatives. The document also discusses how health and safety committees should be established and their functions.

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SHE REP NQF level 3-4 Unit Standards #13223/13224; 12455 and 259619
Introduction  Management,  Employees,  Trade unions,  Representatives
Introduction  There are various people involved in safety and health and environmental issues in the workplace. These people have various roles and responsibilities.  The roles and responsibilities are both statutory and workplace specific and include role players in the system, such as:
Introduction These role players also have limits of authority such as  To make decisions,  To spend money,  To change work processes and technology,  To influence or participate in management structures
How to facilitate at meetings Preparation Agenda and Objectives  You should prepare before the meeting  Prepare objectives and an agenda and go over them  Pay attention to room logistics;-there are many good guidelines and check lists for room set up and logistic preparation.  always know what you're going to do with the output of any activity or exercise  gather ideas from them and build the charts  offer a problem solving approach  One problem at a time – work together
The basic duties of a facilitator are:  Make sure everyone is working on the same problem with the same approach  Make sure everyone participates  Protect participants from verbal abuse
Liability  The Act imposes certain rights, responsibilities and liability on various role players and some of these are overlapping Department of Labour Employer SHE Reps Employee
The Occupational Health and Safety Act, 1993, requires the employer to bring about and maintain, as far as reasonably practicable, a work environment that is safe and without risk to the health of the workers. This means that the employer must ensure that the workplace is free of hazardous substances
Liability Any thing that may cause injury, damage or disease. Where this is not possible, the employer must Inform workers of these dangers,  How they may be prevented, and  How to work safely, and  Provide other protective measures for a safe workplace.
Liability However, it is not expected of the employer to take sole responsibility for health and safety. The Act is based on the principle that dangers in the workplace must be addressed by communication and cooperation between the workers and the employer. The workers and the employer must share the responsibility for health and safety in the workplace
Liability  Both parties must pro-actively identify dangers and develop control measures to make the workplace safe  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, who 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.
Understand the principles of safety, health and environment in the workplace Taking responsibility for safety, health and environment protection issues in the workplace Working with others to improve safety, health and environment in the workplace
Inspections by the Department of Labour  Inspections are usually planned on the basis of accident statistics, the presence of hazardous substances  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.
Powers of inspectors If an inspector finds dangerous or adverse conditions at the workplace, he or she may set requirements to the employer in the following ways:
Powers of inspectors Prohibition notice Contravention 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 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: Other powers 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. To enable the inspector to carry out his or her duties, he or she may enter any workplace or premises where machinery or hazardous substances are being used and question or serve a summons on people to appear before him or her. Powers of inspectors
 The inspector may  Request that any documents be submitted to him or her,  Investigate and make copies of the documents, and  Demand an explanation about any entries in such documents.  The inspector may also inspect any condition or article and take samples of it, and  Seize any article that may serve as evidence. Powers of inspectors
General duties of employers towards workers  What must the employer do to ensure that the work environment is safe and without risk to the health of his or her workers?  The employer must provide and maintain all the equipment that is necessary to do the work, and all the systems according to which work must be done, in a condition that will not affect the health and safety of workers.
 Before personal protective equipment may be used, the employer must first try to remove or reduce any danger to the health and safety of his workers. Only when this is not practicable, should personal protective equipment be used.  The employer must take measures to protect his or her workers’ health and safety against hazards that may result from the production, processing, use, handling, storage or transportation of articles or substances, in other words, anything that workers may come into contact with at work. General duties of employers towards workers
 Not permit anyone to carry on with any task unless the necessary precautionary measures have been taken  Take steps to ensure that every person under his or her control complies with the requirements of the Act  Enforce the necessary control measures in the interest of health and safety  See to it that the work being done and the equipment used, is under the general supervision of a worker who has been trained to understand the hazards associated with the work  Such a worker must ensure that the precautionary measures are implemented and maintained. All workers have the right to be informed. The employer must see to it that every worker is informed General duties of employers towards workers
To ensure that these duties are complied with, the employer must:  Identify potential hazards which may be present while work is being done, something is being produced, processed, used, stored or transported, and any equipment is being used  Establish the precautionary measures that are necessary to protect his or her workers against the identified hazards and provide the means to implement these precautionary measures  Provide the necessary information, instructions, training and supervision while keeping the extent of workers’ competence in mind. In other words, what they may do and may not do
To ensure that these duties are complied with, the employer must:  The employer must then provide information about precautionary measures against these hazards. The employer must inform health and safety representatives when an inspector notifies him or her of inspections and investigations, to be conducted at the premises.  The employer must also inform health and safety representatives of any application for exemption made, or of any exemption granted to him or her in terms of the Act. Exemption means being exempted from certain provisions of the Act, regulations, notices or instructions issued in terms of the Act.
 The employer must, as soon as possible, inform the health and safety representatives of the occurrence of an incident in the workplace. An incident is an event that occurs at the workplace where a person is killed, injured or becomes ill. It is also the spillage of a hazardous chemical substance, for example, when a tank leaks formaldehyde (a chemical product used in industry) due to a faulty valve, or where machinery runs out of control, without killing or injuring anyone To ensure that these duties are complied with, the employer must:
General duties of manufacturers, designers, importers, sellers or suppliers regarding the use of articles and substances at work Articles Manufacturers, designers, importers, sellers and suppliers must ensure that:  Their articles are safe and without risk to health and comply with all prescribed requirements  When a structure or an article is installed on any premises, it must be done in such a way that neither an unsafe situation nor a health risk is created.
Substances  Manufacturers, designers, importers, sellers and suppliers of any substances must ensure that:  Such substances are safe and without risk to health when it is used properly  Information is available on use of the substance at work -  Health and safety risk associated with the substance: the conditions that are necessary to ensure that the substance will be safe and without risk to health when properly used
Substances  Procedures in case of an accident. If a person to whom an article or substance has been sold or supplied, undertakes in writing to take specified steps to ensure that the article or substance will meet all the prescribed requirements, and will be safe and without risk to health, the duties of the importer, designer, seller, supplier or manufacturer will subsequently shift to the person who undertakes to take such steps.
General duties of the worker Safe and healthy conditions in the workplace are created by team work and a team that works together also motivates each other. Learning to motivate yourself and your colleagues is the recipe for success, which means that no matter how busy or stressful the workplace is the workplace can still be fun.
It is the duty of the worker to:  Take care of his or her own health and safety, as well as that of other people who may be affected by his or her actions or negligence to act. This includes playing at work. Many people have been injured and even killed due to horseplay in the workplace, and that is considered a serious contravention  Cooperate with the employer where the Act imposes a duty or requirements on the worker  Give information to an inspector from the Department of Labour if he or she should require it
 Carry out any lawful instruction which the employer or authorised person prescribes with regard to health and safety  Comply with the rules and procedures that the employer gives him/her  Wear the prescribed safety clothing or use the prescribed safety equipment where it is required  Report unsafe or unhealthy conditions to the employer or health and safety representative as soon as possible It is the duty of the worker to:
 If he or she is involved in an incident that may influence his or her health or cause an injury, report that incident to the employer, an authorised person or the health and safety representative as soon as possible, but no later than by the end of the shift. It is the duty of the worker to:
Rights of the worker  The Occupational Health and Safety Act has extended workers’ rights to include the following:  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  The procedures that must be followed if a worker is exposed to substances hazardous to health. The worker may request that his or her private medical practitioner investigate his or her medical and exposure records. If the worker is a health and safety representative, he or she may investigate and comment in writing on exposure assessments and monitoring reports. Rights of the worker
 Right to participate in inspections. If the worker is a health and safety representative, he or she 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.  Right to comment on legislation and make representations the worker may comment or make representations on any regulation or safety standard published in terms of the Occupational Health and Safety Act. Rights of the worker
 Right not to be victimised An employer may not dismiss a worker from his/her service, educe a worker’s salary or reduce a worker’s service conditions because –  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, (e.g. A prohibition, contravention notice, etc.) Rights of the worker
 The worker did something which in terms of the Act should have been done.  The worker did not do something which in terms of the Act is prohibited  The worker has given evidence before the Labour court or a Court of Law on matters regarding health and safety.  Right to appeal. The worker may appeal against the decision of an inspector. Rights of the worker
 Duty not to interfere with or misuse objects. No-one may interfere with or misuse any object that has been provided in the interest of health and safety. A person may, for example, not remove a safety guard from a machine and use the machine or allow anybody else to use it without such a guard. Rights of the worker
Health and safety representatives  How many health and safety representatives must be designated? One health and safety representative must be designated for every workplace consisting of 20 or more workers.  When must health and safety representatives be designated? Within four months after the commencement of the employer’s business. An employer with more than 20 workers, whose business is operative for less than four months, does not have to designate representatives.
Health and safety representatives are entitled to do the following  Health and safety audits. Representatives may check the effectiveness of health and safety measures by means of health and safety audits.  Identify potential dangers. Representatives may identify potential dangers in the workplace and report them to the health and safety committee or the employer.  Investigate incidents. Representatives may together with the employer investigate incidents, or complaints from workers regarding health and safety matters, and report about it in writing.
 Make representations. Representatives may make representations regarding the safety of the workplace to the employer or the health and safety committee or, where the representations are unsuccessful, to an inspector.  Inspections. As far as inspections are concerned, representatives may:  Inspect the workplace after notifying the employer of the inspection Health and safety representatives are entitled to do the following
 Participate in discussions with inspectors at the workplace and accompany inspectors on inspections  With the consent of his/her employer, be accompanied by a technical advisor during an inspection.  Inspect documents  Attend committee meetings. Representatives must attend health and safety committee meetings. Health and safety representatives are entitled to do the following
Health and safety committees  What is the purpose of health and safety committees? Members meet in order to initiate, promote, maintain and review measures of ensuring the health and safety of workers.  When must health and safety committees be established? At least one committee must be established when two or more representatives are designated.
 Of how many members does a health and safety committee comprise? The employer determines the number of committee members, based on the following:  If only one committee has been established for a workplace, all the representatives must be members of that committee  If two or more committees have been established for a workplace, each representative must be a member of at least one of those committees. Health and safety committees
Generally, health and safety committees have the following functions:  Make recommendations. The committee must make recommendations to the employer about the health and safety of workers. Where these recommendations do not lead to solving the matter, the committee may make recommendations to an inspector.  Discuss incidents. A committee must discuss any incident that leads to the injury, illness, or death of any worker and may report about it in writing to the inspector.
 Record keeping. A committee must keep record of every recommendation to the employer and every report to an inspector.  Other functions. Committee members must perform any other functions required of them by regulation.  Deductions. An employer may not make any deductions from a worker’s salary with regard to anything he or she is required to do in the interest of health and safety in terms of the Act. Generally, health and safety committees have the following functions:
 Report to the Chief Inspector regarding occupational diseases. If a medical practitioner examines or treats someone for a disease that he or she suspects arose from that worker’s employment, the medical practitioner must report the case to the worker’s employer and to the Chief Inspector.  Cooperation with the inspector. Compliance with directions, subpoenas, requests or commands Employers and workers must comply with the directions, subpoenas, requests or orders of inspectors. In addition, no one may prevent anyone else from complying. Generally, health and safety committees have the following functions:
 Answering questions. The inspector’s questions should be answered, but no-one is obliged to answer a question by which he or she might incriminate him or herself. To incriminate oneself means that one is suggesting that one is responsible for a contravention. Investigations When the inspector so requires, he or she must be provided with the necessary means and be given the assistance he or she may need to hold an investigation. The inspector may also request that investigations be attended by individuals who may assist the inspector with the investigation. No one may insult the inspector or deliberately interrupt the investigation. Generally, health and safety committees have the following functions:
 Prosecutions. When the worker does something which in terms of the Occupational Health and Safety Act is regarded as an offence, the employer is responsible for that offence, and he or she could be found guilty and sentenced for it, unless the employer can prove that:  He or she did not give his or her consent  He or she took all reasonable steps to prevent it Generally, health and safety committees have the following functions:
 The worker did not act within the scope of his or her competence, in other words, that the worker did something which he or she knew he or she should not have done. The foregoing also applies to a mandatory of an employer, for example, a subcontractor, unless the parties agree beforehand in writing on how the mandatory will comply with the provisions of the Act. Generally, health and safety committees have the following functions:
UNDERSTANDING SAFETY, HEALTH AND ENVIRONMENT LEGISLATION AND POLICY  The creation and promulgation of legislation is a laborious and time consuming task.  Laws are normally created because of a need.  Perhaps something needs to be changed because circumstances have changed or the law has become outdated.
 There are some basic principles regarding the check list you sourced in activity 2 b above.  Successful completion of health and safety representative inspections requires the application of these basic principles:  Enter full names and surnames, not nicknames.  Enter full dates and times.  Fill all spaces in ink, to prevent tampering with the check list.  Enter words, like Yes, No, N/A (not applicable), or cross out the finding that is not applicable. Do not use tick marks, since tick marks could be changed to crosses.
Write Write neatly and legibly. Explain Explain ‘No’ in the comment column. Describe what is wrong, where the problem is, and what is required. Allocate Allocate sufficient time. Remain Remain calm and relaxed during inspection. Find Find facts, not faults, and avoid arguments. Remember that we are interested in the problem, and we do not want to blame people. The idea is to improve matters. Give Give compliments where due. Bear the importance of the inspection in mind.
Vary inspection times to avoid routine window- dressing. Do not inspect during peak job times. Keep your cell phone off. Wear appropriate PPE and follow site safety rules. Obtain permission and support from the site manager in advance.
Health and safety representatives are part of the SHE management system, and act to pro-actively identify possible loopholes in the system. They are on your side, looking for opportunities for continual improvement to keep the workplace free from manageable hazards and risks that may affect your health, safety and profitability. Give them your full support. Check list or inspection forms must be customised according to the requirements of the industry, the site, and the specific area to be inspected.
Causes of Incidents Technical equipment (machinery and tools) Articles, materials and substances ( heavy, sharp, toxic) Working environment (lighting, noise, temperature, humidity) Human decision making factors and actions (acts, omissions, carelessness, negligence, errors of judgment, poor attitude
factors that influence human behavior Personal Factors Lack of knowledge, skill, or ability Physical or mental stress, imbalance or incapacity Poor attitude
Job Factors Poor purchase specifications Poor design and substandard conditions Inadequate maintenance Lack of or ineffective training Lack of work standards Lack of supervision and mentoring Substandard practices Failure to identify hazards and associated risks Poor or absent administrative controls.
Unsafe conditions Inadequate guards or protection Defective tools, equipment, substances Congestion Inadequate warning systems Fire and explosion hazards Substandard housekeeping Hazardous atmospheric conditions (gases, dusts, mists, fumes, vapours) Excessive noise Radiation exposure Inadequate illumination or ventilation.
Unsafe Acts Operating without authority Failure to warn or secure Operating at improper speed Making safety devices inoperable Using defective equipment Failure to use personal protective equipment Improper loading or placement Improper lifting Taking improper position Servicing equipment in motion Horseplay Alcohol, drugs or other substance abuse.
Effects individuals, the general public,
Perform safety and environmental inspections in the workplace Report on safety conditions in work area Consult employees about safety, health and environmental issues in the workplace
Thank You...

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SheREP.pptx

  • 1. SHE REP NQF level 3-4 Unit Standards #13223/13224; 12455 and 259619
  • 2. Introduction  Management,  Employees,  Trade unions,  Representatives
  • 3. Introduction  There are various people involved in safety and health and environmental issues in the workplace. These people have various roles and responsibilities.  The roles and responsibilities are both statutory and workplace specific and include role players in the system, such as:
  • 4. Introduction These role players also have limits of authority such as  To make decisions,  To spend money,  To change work processes and technology,  To influence or participate in management structures
  • 5. How to facilitate at meetings Preparation Agenda and Objectives  You should prepare before the meeting  Prepare objectives and an agenda and go over them  Pay attention to room logistics;-there are many good guidelines and check lists for room set up and logistic preparation.  always know what you're going to do with the output of any activity or exercise  gather ideas from them and build the charts  offer a problem solving approach  One problem at a time – work together
  • 6. The basic duties of a facilitator are:  Make sure everyone is working on the same problem with the same approach  Make sure everyone participates  Protect participants from verbal abuse
  • 7. Liability  The Act imposes certain rights, responsibilities and liability on various role players and some of these are overlapping Department of Labour Employer SHE Reps Employee
  • 8. The Occupational Health and Safety Act, 1993, requires the employer to bring about and maintain, as far as reasonably practicable, a work environment that is safe and without risk to the health of the workers. This means that the employer must ensure that the workplace is free of hazardous substances
  • 9. Liability Any thing that may cause injury, damage or disease. Where this is not possible, the employer must Inform workers of these dangers,  How they may be prevented, and  How to work safely, and  Provide other protective measures for a safe workplace.
  • 10. Liability However, it is not expected of the employer to take sole responsibility for health and safety. The Act is based on the principle that dangers in the workplace must be addressed by communication and cooperation between the workers and the employer. The workers and the employer must share the responsibility for health and safety in the workplace
  • 11. Liability  Both parties must pro-actively identify dangers and develop control measures to make the workplace safe  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, who 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.
  • 12. Understand the principles of safety, health and environment in the workplace Taking responsibility for safety, health and environment protection issues in the workplace Working with others to improve safety, health and environment in the workplace
  • 13. Inspections by the Department of Labour  Inspections are usually planned on the basis of accident statistics, the presence of hazardous substances  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.
  • 14. Powers of inspectors If an inspector finds dangerous or adverse conditions at the workplace, he or she may set requirements to the employer in the following ways:
  • 15. Powers of inspectors Prohibition notice Contravention 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 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.
  • 16. Improvement notice: Other powers 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. To enable the inspector to carry out his or her duties, he or she may enter any workplace or premises where machinery or hazardous substances are being used and question or serve a summons on people to appear before him or her. Powers of inspectors
  • 17.  The inspector may  Request that any documents be submitted to him or her,  Investigate and make copies of the documents, and  Demand an explanation about any entries in such documents.  The inspector may also inspect any condition or article and take samples of it, and  Seize any article that may serve as evidence. Powers of inspectors
  • 18. General duties of employers towards workers  What must the employer do to ensure that the work environment is safe and without risk to the health of his or her workers?  The employer must provide and maintain all the equipment that is necessary to do the work, and all the systems according to which work must be done, in a condition that will not affect the health and safety of workers.
  • 19.  Before personal protective equipment may be used, the employer must first try to remove or reduce any danger to the health and safety of his workers. Only when this is not practicable, should personal protective equipment be used.  The employer must take measures to protect his or her workers’ health and safety against hazards that may result from the production, processing, use, handling, storage or transportation of articles or substances, in other words, anything that workers may come into contact with at work. General duties of employers towards workers
  • 20.  Not permit anyone to carry on with any task unless the necessary precautionary measures have been taken  Take steps to ensure that every person under his or her control complies with the requirements of the Act  Enforce the necessary control measures in the interest of health and safety  See to it that the work being done and the equipment used, is under the general supervision of a worker who has been trained to understand the hazards associated with the work  Such a worker must ensure that the precautionary measures are implemented and maintained. All workers have the right to be informed. The employer must see to it that every worker is informed General duties of employers towards workers
  • 21. To ensure that these duties are complied with, the employer must:  Identify potential hazards which may be present while work is being done, something is being produced, processed, used, stored or transported, and any equipment is being used  Establish the precautionary measures that are necessary to protect his or her workers against the identified hazards and provide the means to implement these precautionary measures  Provide the necessary information, instructions, training and supervision while keeping the extent of workers’ competence in mind. In other words, what they may do and may not do
  • 22. To ensure that these duties are complied with, the employer must:  The employer must then provide information about precautionary measures against these hazards. The employer must inform health and safety representatives when an inspector notifies him or her of inspections and investigations, to be conducted at the premises.  The employer must also inform health and safety representatives of any application for exemption made, or of any exemption granted to him or her in terms of the Act. Exemption means being exempted from certain provisions of the Act, regulations, notices or instructions issued in terms of the Act.
  • 23.  The employer must, as soon as possible, inform the health and safety representatives of the occurrence of an incident in the workplace. An incident is an event that occurs at the workplace where a person is killed, injured or becomes ill. It is also the spillage of a hazardous chemical substance, for example, when a tank leaks formaldehyde (a chemical product used in industry) due to a faulty valve, or where machinery runs out of control, without killing or injuring anyone To ensure that these duties are complied with, the employer must:
  • 24. General duties of manufacturers, designers, importers, sellers or suppliers regarding the use of articles and substances at work Articles Manufacturers, designers, importers, sellers and suppliers must ensure that:  Their articles are safe and without risk to health and comply with all prescribed requirements  When a structure or an article is installed on any premises, it must be done in such a way that neither an unsafe situation nor a health risk is created.
  • 25. Substances  Manufacturers, designers, importers, sellers and suppliers of any substances must ensure that:  Such substances are safe and without risk to health when it is used properly  Information is available on use of the substance at work -  Health and safety risk associated with the substance: the conditions that are necessary to ensure that the substance will be safe and without risk to health when properly used
  • 26. Substances  Procedures in case of an accident. If a person to whom an article or substance has been sold or supplied, undertakes in writing to take specified steps to ensure that the article or substance will meet all the prescribed requirements, and will be safe and without risk to health, the duties of the importer, designer, seller, supplier or manufacturer will subsequently shift to the person who undertakes to take such steps.
  • 27. General duties of the worker Safe and healthy conditions in the workplace are created by team work and a team that works together also motivates each other. Learning to motivate yourself and your colleagues is the recipe for success, which means that no matter how busy or stressful the workplace is the workplace can still be fun.
  • 28. It is the duty of the worker to:  Take care of his or her own health and safety, as well as that of other people who may be affected by his or her actions or negligence to act. This includes playing at work. Many people have been injured and even killed due to horseplay in the workplace, and that is considered a serious contravention  Cooperate with the employer where the Act imposes a duty or requirements on the worker  Give information to an inspector from the Department of Labour if he or she should require it
  • 29.  Carry out any lawful instruction which the employer or authorised person prescribes with regard to health and safety  Comply with the rules and procedures that the employer gives him/her  Wear the prescribed safety clothing or use the prescribed safety equipment where it is required  Report unsafe or unhealthy conditions to the employer or health and safety representative as soon as possible It is the duty of the worker to:
  • 30.  If he or she is involved in an incident that may influence his or her health or cause an injury, report that incident to the employer, an authorised person or the health and safety representative as soon as possible, but no later than by the end of the shift. It is the duty of the worker to:
  • 31. Rights of the worker  The Occupational Health and Safety Act has extended workers’ rights to include the following:  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.
  • 32.  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  The procedures that must be followed if a worker is exposed to substances hazardous to health. The worker may request that his or her private medical practitioner investigate his or her medical and exposure records. If the worker is a health and safety representative, he or she may investigate and comment in writing on exposure assessments and monitoring reports. Rights of the worker
  • 33.  Right to participate in inspections. If the worker is a health and safety representative, he or she 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.  Right to comment on legislation and make representations the worker may comment or make representations on any regulation or safety standard published in terms of the Occupational Health and Safety Act. Rights of the worker
  • 34.  Right not to be victimised An employer may not dismiss a worker from his/her service, educe a worker’s salary or reduce a worker’s service conditions because –  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, (e.g. A prohibition, contravention notice, etc.) Rights of the worker
  • 35.  The worker did something which in terms of the Act should have been done.  The worker did not do something which in terms of the Act is prohibited  The worker has given evidence before the Labour court or a Court of Law on matters regarding health and safety.  Right to appeal. The worker may appeal against the decision of an inspector. Rights of the worker
  • 36.  Duty not to interfere with or misuse objects. No-one may interfere with or misuse any object that has been provided in the interest of health and safety. A person may, for example, not remove a safety guard from a machine and use the machine or allow anybody else to use it without such a guard. Rights of the worker
  • 37. Health and safety representatives  How many health and safety representatives must be designated? One health and safety representative must be designated for every workplace consisting of 20 or more workers.  When must health and safety representatives be designated? Within four months after the commencement of the employer’s business. An employer with more than 20 workers, whose business is operative for less than four months, does not have to designate representatives.
  • 38. Health and safety representatives are entitled to do the following  Health and safety audits. Representatives may check the effectiveness of health and safety measures by means of health and safety audits.  Identify potential dangers. Representatives may identify potential dangers in the workplace and report them to the health and safety committee or the employer.  Investigate incidents. Representatives may together with the employer investigate incidents, or complaints from workers regarding health and safety matters, and report about it in writing.
  • 39.  Make representations. Representatives may make representations regarding the safety of the workplace to the employer or the health and safety committee or, where the representations are unsuccessful, to an inspector.  Inspections. As far as inspections are concerned, representatives may:  Inspect the workplace after notifying the employer of the inspection Health and safety representatives are entitled to do the following
  • 40.  Participate in discussions with inspectors at the workplace and accompany inspectors on inspections  With the consent of his/her employer, be accompanied by a technical advisor during an inspection.  Inspect documents  Attend committee meetings. Representatives must attend health and safety committee meetings. Health and safety representatives are entitled to do the following
  • 41. Health and safety committees  What is the purpose of health and safety committees? Members meet in order to initiate, promote, maintain and review measures of ensuring the health and safety of workers.  When must health and safety committees be established? At least one committee must be established when two or more representatives are designated.
  • 42.  Of how many members does a health and safety committee comprise? The employer determines the number of committee members, based on the following:  If only one committee has been established for a workplace, all the representatives must be members of that committee  If two or more committees have been established for a workplace, each representative must be a member of at least one of those committees. Health and safety committees
  • 43. Generally, health and safety committees have the following functions:  Make recommendations. The committee must make recommendations to the employer about the health and safety of workers. Where these recommendations do not lead to solving the matter, the committee may make recommendations to an inspector.  Discuss incidents. A committee must discuss any incident that leads to the injury, illness, or death of any worker and may report about it in writing to the inspector.
  • 44.  Record keeping. A committee must keep record of every recommendation to the employer and every report to an inspector.  Other functions. Committee members must perform any other functions required of them by regulation.  Deductions. An employer may not make any deductions from a worker’s salary with regard to anything he or she is required to do in the interest of health and safety in terms of the Act. Generally, health and safety committees have the following functions:
  • 45.  Report to the Chief Inspector regarding occupational diseases. If a medical practitioner examines or treats someone for a disease that he or she suspects arose from that worker’s employment, the medical practitioner must report the case to the worker’s employer and to the Chief Inspector.  Cooperation with the inspector. Compliance with directions, subpoenas, requests or commands Employers and workers must comply with the directions, subpoenas, requests or orders of inspectors. In addition, no one may prevent anyone else from complying. Generally, health and safety committees have the following functions:
  • 46.  Answering questions. The inspector’s questions should be answered, but no-one is obliged to answer a question by which he or she might incriminate him or herself. To incriminate oneself means that one is suggesting that one is responsible for a contravention. Investigations When the inspector so requires, he or she must be provided with the necessary means and be given the assistance he or she may need to hold an investigation. The inspector may also request that investigations be attended by individuals who may assist the inspector with the investigation. No one may insult the inspector or deliberately interrupt the investigation. Generally, health and safety committees have the following functions:
  • 47.  Prosecutions. When the worker does something which in terms of the Occupational Health and Safety Act is regarded as an offence, the employer is responsible for that offence, and he or she could be found guilty and sentenced for it, unless the employer can prove that:  He or she did not give his or her consent  He or she took all reasonable steps to prevent it Generally, health and safety committees have the following functions:
  • 48.  The worker did not act within the scope of his or her competence, in other words, that the worker did something which he or she knew he or she should not have done. The foregoing also applies to a mandatory of an employer, for example, a subcontractor, unless the parties agree beforehand in writing on how the mandatory will comply with the provisions of the Act. Generally, health and safety committees have the following functions:
  • 49. UNDERSTANDING SAFETY, HEALTH AND ENVIRONMENT LEGISLATION AND POLICY  The creation and promulgation of legislation is a laborious and time consuming task.  Laws are normally created because of a need.  Perhaps something needs to be changed because circumstances have changed or the law has become outdated.
  • 50.  There are some basic principles regarding the check list you sourced in activity 2 b above.  Successful completion of health and safety representative inspections requires the application of these basic principles:  Enter full names and surnames, not nicknames.  Enter full dates and times.  Fill all spaces in ink, to prevent tampering with the check list.  Enter words, like Yes, No, N/A (not applicable), or cross out the finding that is not applicable. Do not use tick marks, since tick marks could be changed to crosses.
  • 51. Write Write neatly and legibly. Explain Explain ‘No’ in the comment column. Describe what is wrong, where the problem is, and what is required. Allocate Allocate sufficient time. Remain Remain calm and relaxed during inspection. Find Find facts, not faults, and avoid arguments. Remember that we are interested in the problem, and we do not want to blame people. The idea is to improve matters. Give Give compliments where due. Bear the importance of the inspection in mind.
  • 52. Vary inspection times to avoid routine window- dressing. Do not inspect during peak job times. Keep your cell phone off. Wear appropriate PPE and follow site safety rules. Obtain permission and support from the site manager in advance.
  • 53. Health and safety representatives are part of the SHE management system, and act to pro-actively identify possible loopholes in the system. They are on your side, looking for opportunities for continual improvement to keep the workplace free from manageable hazards and risks that may affect your health, safety and profitability. Give them your full support. Check list or inspection forms must be customised according to the requirements of the industry, the site, and the specific area to be inspected.
  • 54. Causes of Incidents Technical equipment (machinery and tools) Articles, materials and substances ( heavy, sharp, toxic) Working environment (lighting, noise, temperature, humidity) Human decision making factors and actions (acts, omissions, carelessness, negligence, errors of judgment, poor attitude
  • 55. factors that influence human behavior Personal Factors Lack of knowledge, skill, or ability Physical or mental stress, imbalance or incapacity Poor attitude
  • 56. Job Factors Poor purchase specifications Poor design and substandard conditions Inadequate maintenance Lack of or ineffective training Lack of work standards Lack of supervision and mentoring Substandard practices Failure to identify hazards and associated risks Poor or absent administrative controls.
  • 57. Unsafe conditions Inadequate guards or protection Defective tools, equipment, substances Congestion Inadequate warning systems Fire and explosion hazards Substandard housekeeping Hazardous atmospheric conditions (gases, dusts, mists, fumes, vapours) Excessive noise Radiation exposure Inadequate illumination or ventilation.
  • 58. Unsafe Acts Operating without authority Failure to warn or secure Operating at improper speed Making safety devices inoperable Using defective equipment Failure to use personal protective equipment Improper loading or placement Improper lifting Taking improper position Servicing equipment in motion Horseplay Alcohol, drugs or other substance abuse.
  • 60. Perform safety and environmental inspections in the workplace Report on safety conditions in work area Consult employees about safety, health and environmental issues in the workplace