Chapter 7 & 8 Flashcards
The OHASA have which exclusions:
- A mine, a mining area or any works that are defined in the Minerals Act 50 of 1991.
- Certain vessels are defined in the Merchant Shipping Act 57 of 1951.
- The Minister may grant exemptions from any or all the provisions of the Act.
- Labour brokers are not considered as employers in terms of OHASA.
What are the functions of the Occupational Health and Safety Act Council?
According to section 2-6
1. They are to advise the Minister on matters of policy arising out of the application of the Act.
2. Advise the Minister on matters relating to the occupational and health safety.
3. Conduct research and investigations.
4. Advise the department on the formulation and the publication of standards, specifications and other forms of guidance in order to assist employers and employees to maintain appropriate standards.
What are the duties of employers?
- To provide and to maintain, a working environment which is safe and without risk to the health of the employees.
- To provide and to maintain systems of work, plant and machinery which are safe and without risk to the health of our employees.
- To make reasonable arrangements for safety and health in connection with production, processing, use, handling, storage, or transport of articles or substances.
- To take reasonable steps to eliminate or mitigate any hazard or potential hazard to the safety and health of employees before resorting to protective equipment.
- To provide information and instruction and training and supervision to ensure health and safety of the employers at work.
- To conduct the business in such a manner that ensures that persons other than employees are not exposed to hazards
What are the duties of employees according to s14 to 15?
- Take care of his or her own health and safety and also the health of and safety of other employees.
- Co-operate with the employer or other designated person with regard to health and other safety matters
- Obey the health and safety rules and procedures laid down by the employer or as a person authorised by the employers
- Report any unsafe or unhealthy situation or accident which may affect the health or safety of the employer or the representative.
- Refrain from interferring with or misuse or damage anything which is provided in the interest of health and safety.
Function of Health and Safety Representatives under s18.
- Review the effectiveness of health and safety measures.
- Identify potential hazards and incidents.
- In collaboration with the employer, examine the causes of incidents.
- Investigate complaints by employees relating to the health and safety.
- Consult with and accompany inspectors on inspections.
Attend the inspection of the accident.
What are the functions of committees according to s20?
Make recommendations to the employer or an inspector regarding health and safety matters.
Must discuss any incident in which a person was injured became ill or died and may in writing report on the incident to a labour inspector.
Inspectors have varied functions and duties. These functions and duties include:
- General functions and powers to ensure that the provisions of the Act are complied with s29.
- Special powers relating to health and safety
- Functions relating to incidents or accidents in the workplace s31&32.
What are the general functions and powers?
- May, without prior notice, enter any premises.
- May question any person on the premises.
- May require the production of the books and records or other documents.
- May examine such books, records or documents.
- Inspect any article, substance, plant or machinery on the premises.
What does the Mine Health and Safety Act 29 of 1996 say?
The Mine Health and Safety Act 29 of 1996 in South Africa aims to protect the health and safety of mine employees and others, promoting a culture of safety, enforcing health and safety measures, and providing for employee, employer, and state participation.
