OCSA

Question 1

What are the two main areas in the occupational environment that this act regulates?

Answer 1

• Occupational Diseases

- Occupational Injuries

Question 2

List four occupational diseases

Answer 2

• Silicosis
• Asbestosis
• Black Lung Disease
• Radium Jaw

Question 3

What are Management’s Main Responsibilities?

Answer 3

1. Financial
2. Legal
3. Moral – Integrity, not knowingly doing harm etc

Question 4

List a few regulations

Answer 4

• General Admin Reg.
• General Safety Reg.
• Asbestos Reg.
• Electrical Installation Reg.
• Environmental Reg.
• Hazardous Chemical Reg.
• General Machinery Reg.
• Pressure Equipment Reg.
• Construction Reg. —- etc

Question 5

What does “Reasonably practicable” mean?

Answer 5

It means Practicable having regard to:

(a) the severity and scope of the hazard or risk
concerned

(b) the state of knowledge reasonably available
concerning that hazard or risk and of any means of
removing or mitigating that hazard or risk

(c) the availability and suitability of means to
remove or mitigate that hazard or risk, and

(d) the cost of removing or mitigating that hazard or
risk in relation to the benefits deriving there from

Question 6

What does “Biological Monitoring” mean?

Answer 6

This means a planned program of periodic collection and analysis of body fluid, tissues, excreta or exhaled air in order to detect and quantify the exposure to or absorption of any substance or organism by persons.

Question 7

What does “ Medical Surveillance” mean?

Answer 7

Means a planned program of periodic examination (which may include clinical examinations, biological monitoring or medical tests) of employees by an occupational health practitioner or, in prescribed cases, by an occupational medicine practitioner WHICH IS USUALLY RISK-BASED

Question 8

What does “premises” include?

Answer 8

Includes any building, vehicle, vessel, train or aircraft.

Question 9

What does “workplace” mean?

Answer 9

This means any premises or place where a person performs work in the course of his employment.

Question 10

What does ‘hazard” mean?

Answer 10

Means a source of exposure to danger.

Question 11

What does “risk” mean?

Answer 11

Means the probability that injury or damage will occur.

Question 12

What are the general duties of employers?

Answer 12

1. To provide and maintain a working environment that is safe and without risk to the health and safety of employees
2. Without derogating from the generality of an employer’s
   duties under Subsection

(1), the matters to which those
duties refer include in particular:
(a) the provision and maintenance of systems of work,
plant or machinery that, as far as is reasonably practicable,
are safe and without risk to health;
(b)Taking such steps that are reasonably practicable to
eliminate or mitigate any hazard or potential hazard to the
safety and health of employees before resorting to personal protective equipment
(c) Making arrangements for ensuring, as far as is
reasonably practicable, the safety and absence of risks
to health in connection with the production, processing, use, handling, storage or transport of
articles or substances
(d) Establish, as far as is reasonably practicable what hazards to the
health or safety of persons are attached to any work which is performed, any article or substance which is produced, processed, used, handled, stored or transported and any plant or machinery which is used in his business, and he shall, as far as is reasonably practicable, further establish what precautionary measures should be taken with respect to such work, article, substance, plant or
machinery in order to protect the health and safety of persons and he shall provide the necessary means to apply such precautionary measures
(e) providing such information, instruction, training and supervision as my be necessary to ensure as far as is reasonably practical the health and safety at work of his employees;
(f) As far as is reasonably practicable, not permitting any employee to do any work or produce, process, use, handle, store or transport any article or substance or to operate any plant or machinery , unless the precautionary measures contemplated in subsection (c)(d) or any other precautionary measures which may be described, have been taken
(g) Taking all the necessary measures to ensure that the
requirements of this Act are complied with by every person in his employment or on the premises under his control where plant or machinery is used
(h) Enforcing such measures as may be necessary in the interest of health and safety
(i) Ensuring that work is performed at the plant or machinery is used under the general supervision of a person trained to understand the hazards associated with it and who have the authority to ensure that precautionary measures taken by the employer are implemented and
(j) Causing all employees to be informed regarding the scope of their authority as contemplated in section 37(1)(b)

Question 13

What can be considered instead of PPE?

Answer 13

a. Partition (not PPE in this case!)

b. Guard (Fixed, Interlocking, Automatic.)

Question 14

What are the general duties of manufacturers and
others regarding articles and substances for use at
work?

Answer 14

Any person who erects or installs any article for use at work on or in any premises shall ensure, as far as is reasonably practical, that nothing about the manner in which it is erected or installed makes it unsafe or creates a risk to health and safety when properly used!

Question 15

What should an employer do to inform employees?

Answer 15

Employer shall– as far as is reasonably practicable,
cause every employee to be made conversant with
the hazards to his health and safety attached to any
work which he has to perform and/or any article or
substance which he has to produce, process, use,
handle, store, or transport, as well as the precautionary measures which should be taken and observed with respect to those hazards.

Question 16

What are the general duties of employees?

Answer 16

a) Take reasonable care for the health and safety of himself and of others who may be affected by his acts or omissions
c) carry out any lawful order given to him,
and obey the health and safety rules and procedures laid down by his employer…
d) If any situation which is unsafe or unhealthy comes to his attention as soon as practicable report such situation to his employer…
e) If he is involved in any incident which may affect his health or which has caused injury to himself,
report such incident to his employer …as soon as practicable but not later than the end of the particular shift during which the incident occurred… unless circumstances were such that the reporting of the incident was not possible in which case he shall report the incident as soon as practicable thereafter

Question 17

What are the duties of the CEO?

Answer 17

The CEO is automatically “appointed”
They must ensure that the employer complies with all the applicable requirements of the Act.
Section 8 (1) (2) (a-j) is of specific relevance here.

CEO is accountable for duties of the employer under
the act.
He may assign any duty to another person under
his control in terms of Sec.16 (2)
The Act is clear on the issue that the CEO must
direct and control the assignee. Therefore he can
assign duties, but not ACCOUNTABILITY!!

Question 18

Who must sign the inspection report?

Answer 18

The HOD/ Director

Question 19

The OHS-Act states that employers can be held liable

unless:

Answer 19

a) The misconduct was without connivance or permission.
b) The misconduct was not within the person’s scope of
authority.
c) All reasonable steps were taken by the employer.

Question 20

The OHS-Act states that employers could be held jointly

liable for acts or omissions done by mandataries, unless:

Answer 20

1. There is a written agreement (contract) between the
   employer and mandatory
   • Only within reasonableness– don’t hide behind the
   contract!!
   • Manage the contractors you make use of.
   • NB: Remember– employers are responsible to ensure that ALL persons on his or her premises comply with the Act

Question 21

What are the only three agreements that can affect

the Act?

Answer 21

1. Section 40- exemption granted by the Minister
   when compliance is either not possible or not
   necessary.
2. Section 10(4)- selling of equipment that does not
   comply with the Act.
3. Section 37(2)- agreement between an employer
   and a mandatary (contractor).

Question 22

How are formal enquiries held?

Answer 22

An inspector may hold a formal enquiry into any incident that occurred at a workplace that did or could have ended in an injury, illness or death of a person.