Q&A Flashcards
What is the purpose of environmental legislation?
To protect humans and the environment against hazardous substances.
What is covered under Section 7 of the OSH act 85 of 1993?
Health and Safety Policy
What is covered under Section 8 of the OSH act 85 of 1993?
General duties of employers to their employees
What is covered under Section 13 of the OSH act 85 of 1993?
The employer has a duty to inform
What is covered under Section 14 of the OSH act 85 of 1993?
General duties of employees at work
What is covered under Section 15 of the OSH act 85 of 1993?
Duties not to Interfere with Damage or Misuse Things
What is covered under Section 16 of the OSH act 85 of 1993?
Chief Executive Officer charged with certain duties
What is covered under Section 16.2 of the OSH act 85 of 1993?
CEO may assign, any duty to any person under his control and directions of the CEO
What is covered under Section 17 of the OSH act 85 of 1993?
Health and Safety Representatives
What is covered under Section 18 of the OSH act 85 of 1993?
Functions of Health and Safety Representatives
What is covered under Section 19 of the OSH act 85 of 1993?
Health and Safety Committees
What is covered under Section 20 of the OSH act 85 of 1993?
Functions of Health and Safety Committees
What is covered under Section 24 of the OSH act 85 of 1993?
Report to inspectors regarding certain incidents
What is covered under Section 24(a) of the OSH act 85 of 1993?
Injury Incident
What is covered under Section 24(b) of the OSH act 85 of 1993?
Ill Health Incident
What is covered under Section 24(c) of the OSH act 85 of 1993?
Near miss Incident
What is covered under Section 25 of the OSH act 85 of 1993?
Report to Chief Inspector regarding occupational disease
What is covered under Section 30 of the OSH act 85 of 1993?
Special powers of Inspectors
What is covered under Section 31 of the OSH act 85 of 1993?
Investigations
What is covered under Section 37 of the OSH act 85 of 1993?
Acts or omissions by employees or mandataries
What is covered under Section 38 of the OSH act 85 of 1993?
Offences, penalties and special orders of court
What is covered under Section 26 of the OSH act 85 of 1993?
Victimization forbidden
What is covered under General Administrative Regulations 6 (GAR6)?
Negotiation and consultations before designation of health and safety representative
What is covered under General Machinery Regulations 7 (GMR7)?
Reporting of incidents in connection with machinery
What is covered under General Administrative Regulations 8 (GAR8)?
Reporting of incidents and occupational diseases
What is covered under General Administrative Regulations 9 (GAR9)?
Recording and investigation of incidents
What is covered under Chapter V: Claims for compensation, 39 of the COIDA Act?
Notice of accident by the employer to the commissioner
What is covered under SANS 10087-1, 2004 (Edition 4)?
The handling, storage, distribution and maintenance of liquefied petroleum gas in domestic, commercial, and industrial installations
What is RIDDOR?
Reporting of injury, Diseases and Dangerous occurrences regulation
What is covered under General Safety Regulations 3 (GSR3)?:
First aid, emergency equipment & procedures
What is covered under Pressure Equipment Regulations 19 (PER19)?
Fire extinguishers
What is covered under Environmental Regulations for Workplaces 9 (ERW9)?
Fire precautions and means of egress
What is covered under the Enviromental Regulations for Workplaces (ERW)?
ERW2: Thermal requirements; ERW3: Lighting; ERW4: Windows; ERW5: Ventilation; ERW6: Housekeeping; ERW7: Noise and hearing conservation
What is covered under General Safety Regulations (GSR) Annexure?
Minimum contents of a first aid box
OHS Act, General Safety Regulations 2 (GSR2)?
Personal safety equipment and facilities
What is covered under Hazardous Chemical Substances Regulation 10 (HCS 10)?
Control of exposure to HCS
What is covered under the Hazardous Biological Agents Regulation 10 (HBA10)?
Control of exposure to HBA
What is covered under Hazardous Biological Agents Regulations 10 (HBA10)?
Control of exposure to HBA
What is covered under Electrical Machinery Regulations 4 (EMR4)?
Operation of machinery
What is covered under Electrical Machinery Regulations 9 (EMR9)?
Portable electric tools
What is covered under General Safety Regulations 13A (GSR13A)?
Ladders
What is covered under Hazardous Biological Agents Regulations, Annexure C?
Precautions for workplaces
What is the CR 5(a),(b) appointment?
Client Representative (implied appointment); as well as duties of the Client relating to the designer of a structure, as per CR 6
Under which law does Negligence commonly fall under?
- A tort (a civil wrong)
- Can be used as the basis for a CIVIL action for damages
- Often used in health & safety where an employee has been injured at work
A test applies which needs to be demonstrated in court to successfully prove negligence?
•A test applies which needs to be demonstrated in court to successfully prove negligence
Duty of care existed
There was a breach of the duty of care
Damage resulted from the breach of the duty of care
• Several defences exist against a claim in negligence: -
Denial of negligence
Injury was the sole fault of the employee
Contributory negligence
Causation - breach of duty of care did not cause the damage
Volenti non fit injuria - employee knowingly accepted the risk
Time limits - times set by Limitations Act 1980 have been exceeded
A test applies which needs to be demonstrated in court to successfully prove negligence?
- Duty of care existed
- There was a breach of the duty of care
- Damage resulted from the breach of the duty of care
Several defences exist against a claim of negligence?
- Denial of negligence
- Injury was the sole fault of the employee
- Contributory negligence
- Causation - breach of duty of care did not cause the damage
- Volenti non-fit injuria - employee knowingly accepted the risk
- Time limits - times set by Limitations Act 1980 have been exceeded
What is Duty of Care?
- Exists between two individuals where there is an obligation on one party not to harm the other
- Duty is personal - owed by one individual to another individual e.g. an employer owes a DOC to each one of his employees
- There are several examples of where there is a recognised DOC - Employer/Employee; Doctor/Patient; Parent/Child; Teacher/Pupil
- The standard of care which must be exercised by an employer is “the care which an ordinary prudent employer would take in all circumstances”
- Breach of the DOC may give the individual who’s been harmed the right to take out a CIVIL action for damages.
What are the benefits of a Risk assessment?
- Prevention of accidents, incidents, ill health & their associated costs.
- Legal compliance.
- Reduction in claims & complaints. Reduced insurance premiums.
- Allows financial planning of progressive risk reduction measures.
- Involvement of staff in the process encourages consultation, increases hazard awareness and ownership & contributes to positive H&S culture.
- May also increase quality standards, efficiency & productivity.
What are some ‘Safe Person controls’?
- Safe systems of work
- Warning systems
- IIT&S (Information, Instruction, Training & Supervision)
- PPE
What are ‘Safe Place controls’?
- Eliminate
- Substitute
- Isolate/Segregate
How do you calculate the risk rating?
Risk Rating = Likelihood X Severity
What is meant by Likelihood?
- Estimated frequency of occurrence.
- Influenced by the Number and type of people exposed to the hazard
- How often
- And by the workplace conditions e.g. light, space etc.
What is meant by Severity?
The estimated probable outcome of the incident. Influenced by the number and type of people affected, level of energy and other factors e.g. concentration & toxicity of hazardous substances.
What does a Risk assessment involve?
A RA involves identifying the hazards present in any working environment or arising out of commercial & work activities, and evaluating the extent of the risks involved, taking into account existing precautions & their effectiveness.
How do you conduct a Hazard Identification?
- PEET - People, Environment, Equipment, Tasks
1. Observation of workplace & work activities e.g. job safety analysis.
2. Document inspection e.g. maintenance records, test certificates, legislation, ACOPs, GNs, accident investigation reports, previous inspection reports etc. 3. Questioning workers & supervisors.
Who might be harmed due to hazards?
Consider workers, other employees, maintenance staff, cleaners, contractors, visitors, and vulnerable people. How many? Type of person - young, elderly, children, disabled, new & expectant mothers, pre-existing medical conditions, shift workers, lone workers etc. How might they be harmed? - routine & non-routine activities.
What is the Risk assessment process?
- Identify hazards
- Identify who might be harmed
- Evaluate risk
- Estimate adequacy of existing controls
- Likelihood of incident occurring
- Severity of potential consequences
- Recommend further action - elimination or control - Record assessment
- Monitor & Review
What are the criteria for a Risk assessment?
Suitable & Sufficient - RA to be appropriate to the work & risks involved; identify all significant hazards & risks and account of people affected; identify & prioritise controls required; controls should be reasonable, should enable legislative compliance & result in remaining risk being low. RA should remain valid for reasonable period of time.
Competent Person - person with sufficient
Knowledge Attributes (skills) Training Experience
& knowledge of their own Limitations
Define the following action words:
- Define
- Describe
- Explain
- Give
- Identify
- List
- Outline
- Sketch
- State
+ Define – provide a generally recognised or accepted definition.
E.g. Define the term ‘ergonomics’.
Ergonomics is the study of the interaction between workers and the work environment.
+Describe – give a word picture.
E.g. Describe FOUR effects on health & safety that might result from inadequate lighting.
+ Explain – give a clear account of, or reasons for.
E.g. Explain why it is important to use a variety of methods to communicate health & safety information in the workplace.
+ Give – provide without explanation (used normally with the instruction to ‘give an example of…’).
E.g. For each of the following types of hazardous substance, give a typical example
i) toxic – lead
ii) corrosive – strong acids
iii) carcinogenic – asbestos
iv) irritant – detergents
\+Identify – select and name. E.g. Identify the three types of asbestos commonly found in buildings. The three types of asbestos are i) White (chrysotile) ii) Brown (amosite) iii) Blue – crocidolite)
+ List – provide a list without explanation.
E.g. List SIX observations made during an inspection of a machine operation which may suggest that the machine has not been ergonomically designed.
+Outline – give the most important features of (less depth than either ‘explain’ or ‘describe’, but more depth than list.
E.g. Outline the sources and possible effects of FOUR non-mechanical hazards commonly encountered in a woodworking shop.
+ Sketch – provide a simple line drawing using labels to identify specific features.
E.g. A pneumatic drill is to be used during extensive repair work to the floor of a warehouse. Identify, by means of a labelled sketch, THREE possible transmission paths the noise from the drill could take.
+ State – a less demanding form of ‘define’, or where there is no generally recognised definition.
E.g. State the shape and colour, and give a relevant example, of EACH of the following types of safety sign:
i) prohibition iii) mandatory
ii) warning iv) emergency escape or first-aid.
What is covered under the General Administrative Regulations, 2003?
In general these regulations refer to documents that must be kept on site, including a copy of the OHS Act, records of health and safety committee meetings, and records of incidents.
What is covered under the General Safety Regulations, 1986?
These regulations refers to general health and safety matters or requirements set for the work environment.
What is covered under Major Hazard Installation Regulations, 2001?
These regulations shall apply to employers, self-employed persons and users, who have on their premises, either permanently or temporarily, a major hazard installation or a quantity of a substance that may pose a risk that could affect the health and safety of employees and the public.
What is covered under Regulations for Hazardous Biological Agents, 2001?
These regulations shall apply to every employer and self-employed person at a workplace where:
a) HBA is deliberately produced, processed,used, handled, stored or transported or
b) an incident, for which an indicative list isgiven in Annexure A to this Regulationoccurs that does not involve a deliberateintention to work with a HBA but may resultin persons being exposed to HBA in theperformance of his or her work.
What is covered under the Explosives Regulations, 2003?
These regulations shall apply to any employer, self-employed person or user who operates an explosives workplace for the purpose of manufacturing, testing, storing or using explosives.
What is covered under the Construction Regulations, 2014?
These regulations apply to all persons involved in construction work. Regulations 3 and 5 are not applicable where the construction work carried out is in relation to a single-storey dwelling for a client who intends to reside in such a dwelling upon completion thereof.
What is covered under the Regulations on Hazardous Work by Children in SA, 2010?
These regulations are in place to prohibit or place conditions upon the work that may be required, expected or permitted to be performed by child workers, and which is not prohibited in terms of any law.
What is covered under the Asbestos Regulations, 2002?
These regulations shall apply to every employer and the self-employed person who carries out work at a workplace that may expose any person to asbestos dust at that workplace.
What is covered under the Diving Regulations, 2010?
These regulations shall apply to all diving operations and all persons engaged in diving operations in the Republic of South Africa or the territorial waters thereof.
What is covered under the Environmental Regulations for Workplaces, 1987?
These regulations in general refer to the physical conditions of the work environment.
What is covered under the Facilities Regulations, 2004?
These regulations in general refer to sanitary facilities, toilets, bathrooms, showers, dining facilities, drinking water, certain prohibitions, as well as the conditions of these facilities that form part of the work environment.
What is covered under the Hazardous Chemical Substances Regulations, 1995?
These regulations shall apply to an employer or a self-employed person who carries out work at a workplace that may expose any person to the intake of an HCS at the workplace.
What is covered under the Lead Regulations, 2002?
These regulations shall apply to every employer and self- employed person at a workplace where lead is produced, processed, used, handled or stored in a form in which it can be inhaled, ingested or absorbed by any person in that workplace
What is covered under the Noise Induced Hearing Loss Regulations, 2003?
These regulations shall apply to an employer or self-employed person who, at any workplace under his or her control, carries out work that may expose any person at that workplace to noise at or above the noise-rating limit.
Why should incidents be investigated?
To establish the initial & underlying (root) causes; to allow action to be taken to prevent the incidents recurring; to produce information to allow analysis of trends & patterns; to prioritise any required action; to prevent accidents, ill-health & other losses; to assist in defending criminal prosecutions & civil claims.
What should be included in an incident investigation report?
Details of what happened, to whom (or what) & when, and of any injuries or ill-health sustained; identification of the immediate & underlying causes; recommendations for action required to prevent further occurrences. Can include supporting information e.g. interview transcripts; statements from witnesses; plans; photos; relevant records; checklists.
How can information on accidents & incidents be used within an organisation?
To provide information to be used in the review of the relevant risk assessments; to prevent further accidents, property damage & ill-health; to provide data for reactive monitoring; to provide data to contribute to benchmarking; to inform management of the current situation on H&S; to provide information on the adequacy of current controls; to provide information on the effectiveness of health surveillance; to contribute to the review of the H&S management system.
What are the Main types of injury from manual handling activities?
Back injuries e.g. prolapsed disc, torn ligaments, sprains & strains of ligaments and muscles; sprains & strains of ligaments and muscles in the arms, shoulders & legs; crushed fingers & toes, cuts & bruises, especially on hands.
How can risks from manual handling be minimised?
Avoid manual handling by automation or mechanisation; risk assessment which addresses the task, the individual, the load & the environment, followed by implementation of controls to remove or reduce the risks; training in correct handling techniques & loading techniques; reducing the size & weights of loads; correct selection of staff; reducing repetition; adapting the working environment to the individual.
What is stress and what factors may cause it?
Stress is the body’s reaction to excessive pressure, which may lead to ill-health effects e.g. increased blood pressure, anxiety, depression, peptic ulcers and skin disorders. Causative factors: the job e.g. repetitive, boring, unrealistic targets, insufficient training; individual responsibility e.g. too much/too little, ill-defined roles etc; working conditions e.g. unsafe practices, threats of violence, excessive noise, DSE use; lack of flexibility in hours etc; management attitudes e.g. poor communication, lack of consultation, poor supervision, negative H&S culture; relationships e.g. bullying, harassment etc.
Give 3 examples of chemical hazards, three examples of biological hazards, plus corresponding health effects?
Chemical hazards - asbestos (asbestosis, lung cancer); detergents (dermatitis); acid (burns to skin, eye, nose & throat irritation).
Biological hazards - Leptospirosis (Weil’s Disease) (high temperatures, headaches, jaundice, 20% death rate); Legionella (pneumonia-like effects); Hepatitis (high temperatures, nausea, jaundice).
What are the Acute ill-health effect and a chronic ill-health effect?
An acute ill-health effect tends to appear soon after contact with the hazardous substance, be of short duration and is usually reversible, although it may be severe e.g. asthma-type attack.
A chronic ill-health effect develops over a period of time, usually from prolonged or repeated exposure to a hazardous substance. Effects are usually not reversible, and may go undiagnosed for a considerable time.
What is the Hierarchy of controls to reduce ill-health caused by exposure to chemical or biological agents?
Elimination; substitution; enclosure; LEV; dilution ventilation; reduction of numbers of people exposed; reduction of exposure time; housekeeping; IIT&S; PPE; welfare facilities; medical records & health surveillance.
What is HAVS & how is it caused?
Hand Arm Vibration Syndrome - a group of diseases caused by exposure of the hand & arm to external vibration. Egs of conditions are carpal tunnel syndrome & vibration white finger. The risk of developing HAVS depends on the frequency of the vibration & the duration of exposure.
What are the possible Potential ill-health effects of noise in the workplace?
Temporary or permanent hearing damage (acute: temporary threshold shift, tinnitus, acute acoustic trauma; chronic: noise-induced hearing loss, permanent threshold shift, tinnitus), stress.
What are some Risk factors for violence at work?
Cash handling; dealing with the public; representing authority; night working; lone working.
Which Factors Contribute to the development of musculoskeletal disorders?
Manual handling of loads; pushing & pulling; prolonged repetitive activities; repetitive movements of the hands, arms & fingers; reaching; twisting; squeezing; using force; maintaining unnatural postures; cold working environments; poor work organisation; existing medical conditions; pregnancy.
Which Factors Contribute to the development of musculoskeletal disorders?
Manual handling of loads; pushing & pulling; prolonged repetitive activities; repetitive movements of the hands, arms & fingers; reaching; twisting; squeezing; using force; maintaining unnatural postures; cold working environments; poor work organisation; existing medical conditions; pregnancy.
What are the Principal health effects of ionising radiation, sources and prevention?
- Effects - abnormal cell growth, blood cell changes, anaemia, nausea & vomiting, skin blisters & burns, collapse, leukaemia, other cancers, sterility, changes in reproductive cells, stillbirth, and death.
- Sources - X-ray machines, non-destructive testing, smoke detectors, naturally occurring radon.
- Prevention - shielding e.g. with lead or concrete; reducing exposure time; increasing the distance between the person & the source; IIT&S; prohibiting eating, drinking & smoking near exposed areas; PPE; spillage procedures; adequate signage; health surveillance.
How would you demonstrate ‘reasonably practicable’?
Involves an analysis of the cost of the measures to be implemented in terms of time, effort required to implement them, financial cost etc against the amount of risk reduction which will be achieved by implementing them. If the cost is grossly disproportionate to the amount of achievable risk reduction, then it would not be reasonably practicable to implement the controls.
Which 3 things to successfully prove negligence?
That a duty of care existed; that the duty of care was breached; that the breach of the duty of care resulted in the harm to the person.
Denials of negligence, what are some defences against negligence?
(i) Denial of negligence – this could be on any of the following grounds
• The employer could claim that he did everything a reasonable employer would have done in the circumstances;
• That the employer took reasonable care within the limits of the knowledge which he had, or could reasonably have expected to have;
• That a duty of care was not owed to the injured person.
(ii) That the injury was the sole fault of the employee.
(iii) Causation – although the employer may be negligent, it must still be shown that the injury resulted from that negligence. If the injury would have happened had the employer not have been negligent, then the breach of the duty of care did not cause the damage.
(iv) Contributory negligence - This occurs when the injured party sustains injury partly because of his own fault, and partly due to the fault of another. In this case, the court is able to reduce the damages awarded to the extent it sees fit.
(v) Volenti non fit injuria – the employee knowingly accepted the risk e.g. Formula 1 drivers!
Give the stages of a risk assessment in order?
Identify hazards; identify who might be harmed & how; evaluate the risks arising from the hazards in terms of the likelihood of an incident occurring & the severity of any harm; examine existing controls; recommend further action required to eliminate or control the risks; record the findings of the assessment; set a date for review.
What are the Criteria for a ‘suitable & sufficient’ risk assessment?
- a proper check of the workplace was made; any people who might be affected by the hazards were identified; all significant hazards were examined, and the numbers of all those who could be affected were taken into account; the controls identified were reasonable and the remaining risks are low.
What are the Benefits of risk assessment?
Helps prevent accidents; helps prevent further similar accidents; allows prioritisation of action required; aids financial planning for health & safety measures; satisfies legal requirements; helps to secure the safety of people & equipment, thereby preventing loss; reduces costs.
Give 4 conditions which would prompt a review of a risk assessment?
Changes in personnel, legislation, new equipment or nature or methods of work, time, following an accident.
What are some of the Methods to identify hazards?
Job safety analysis; interviewing staff; examination of documents & records.
What is the General controls hierarchy?
Eliminate; substitute for something less hazardous, isolate/segregate; Safe systems of work; Warning systems; IIT&S; PPE. (Can use ERIC PD - Eliminate, Reduce, Inform, Control, PPE, Discipline)
What information about a risk assessment needs to be recorded?
Significant hazards that were found, conclusions about the measures needed to control the risks.
Which Qualities required in a person described as ‘competent’ to carry out risk assessment?
They would need sufficient knowledge of the work area & work processes, and of legislative requirements and other relevant standards appropriate to the assessment; the skills to identify hazards, identify persons affected, evaluate the risks & recommend effective risk controls & may also need specific technical skills; relevant training in risk assessment; sufficient experience of carrying out risk assessment, of the working environment and of risks in general. Would also need to recognise the extent of their competence i.e. recognise their limitations in terms of knowledge, skills, training & experience.
