STC SA Flashcards
Reasons for preventing accidents?
i. Moral: It is morally right to protect employees and other persons in the workplace from any form of harm
or suffering. The employer has a moral duty to show concern for employees, and make genuine efforts to
promote their wellbeing. (This moral responsibility also informs a ‘duty of care’ in common law.)
ii. Social: It is important to prevent injuries and disease because of the negative impact these have on society.
Consider the potential social impacts, for example:
- Health and wellbeing;
- Productivity;
- Standard of living;
- Support for families and loved ones;
- Contributions to NGOs and worthy causes.
iii. Financial: Injuries, diseases and damage to property have financial impacts, many of which are ‘hidden’,
and not covered by insurance. Also note that as the number of accidents increase, so insurance premiums
increase. Consider the costs, for example:
- Dealing with injury – first aid, phone calls,
transport, admin reports, etc;
- Time lost while injured employee is off work;
- Disruptions to work schedule;
- Repairing or replacing damaged equipment;
- Employing, and training, temporary or
replacement staff;
- Time spent conducting investigations;
- Legal costs;
- Reputational damage.
iv. Legal: The employer has a duty to comply with the Occupational Health and Safety Act, and do everything
reasonably practicable to prevent harm to employees and other persons. A ‘duty of care’ is a legally
enforced moral duty that requires the employer to anticipate possible causes of injury and illness, and do
everything reasonably practicable to remove or minimise these possible causes of harm
What is the purpose of the OSH Act?
“To provide for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery; the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work; to establish an advisory council for occupational health and safety, and to provide for matters connected therewith.”
What is section 7 of the OSH Act?
Health and Safety Policy
What is section 8 of the OSH Act?
General duties of employers to their employees
What is section 13 of the OSH Act?
Duty to inform
What is section 14 of the OSH Act?
General duties of employees at work
What is section 15 of the OSH Act?
Duty not to interfere with, damage or misuse things
What is section 16 of the OSH Act?
Chief Executive Officer charged with certain duties
What is section 17 of the OSH Act?
Health and Safety Representatives
What is section 18 of the OSH Act?
Functions of Health and Safety Representatives
What is section 19 of the OSH Act?
Health and Safety Committees
What is section 20 of the OSH Act?
Functions of Health and Safety Committees
What is section 24 of the OSH Act?
Report to inspectors regarding certain incidents
s24 (a) Injury Incident
s24 (b) Ill Health Incident
s24 (c) Near Miss Incident
What is section 26 of the OSH Act?
Victimization forbidden
What is section 30 of the OSH Act?
Special powers of Inspectors
What is section 31 of the OSH Act?
Investigations
What is section 37 of the OSH Act?
Acts or omissions by employees
or mandataries
Define GAR?
General Administrative Regulations, 2003
Define GSR?
General Safety Regulations, 1986
Define MHIR?
Major Hazard Installation Regulations, 2001
Define HBA?
Regulations for Hazardous Biological Agents, 2001
Define ER?
Explosives Regulations, 2003
Define CR?
Construction Regulations, 2014
Define RWHC?
Regulations on Hazardous Work by Children in SA, 2010
Define AR?
Asbestos Abatement Regulations, 2020
Define DR?
Diving Regulations, 2010
Define ERW?
Environmental Regulations for Workplaces, 1987
Define FR?
Facilities Regulations, 2004
Define RHCA?
Regulations for Hazardous Chemical Agents 2021
Define ErR?
Ergonomics Regulations 2019
Define LR?
Lead Regulations, 2002
Define NHLR?
Noise Induced Hearing Loss Regulations, 2003
Define DMR?
Driven Machinery Regulations, 2015
Define GMR?
General Machinery Regulations, 1988
Define LEPCR?
Lift, Escalator and Passenger Conveyor Regulations, 2010
Define RCCC?
Regulations concerning the Certificate of Competency, 1990
Define PER?
Pressure Equipment Regulations, 2009
Define EIR?
Electrical Installation Regulations, 2009
Define EMR?
Electrical Machinery Regulations, 2011
Define OHSA 16(2)
Assignment by CEO
Define OHSA 17
Health and Safety Representative
Define OHSA 19
H&S Committee
Define CR 5(a),(b)
Client Representative (implied appointment); as well as duties of the Client relating to the designer of a structure, as per CR 6
Define CR 5(h),(k)
Principal Contractor for each phase or project
Define CR 7(1)(c)
Contractor
Define CR 8(1)?
Construction Manager
Define CR 8(2)
Assistant Construction
Define CR 8(2)
Assistant Construction Manager
Define CR 8(5)
Health and Safety Officer (if necessary). Depending on size of project, degree of dangers and hazards and risks on site
Define CR 8(7)
Construction Supervisor (if necessary)
Define CR 9(1)
Person to carry out Risk Assessment
Define CR 10(1)(a)
Fall Protection Planner
Define CR 11(2)(a)
Structure Inspector
Define CR 11(2)(a)
Structure Inspector
Define CR 12(1)
Temporary Work Designer
Define CR 13(1)(a)
Excavation Supervisor
Define CR 14(1)
Supervisor Demolition Work
Define CR 16(1)
Scaffold Supervisor
Define CR 17(1)
Suspended Platform Supervisor
Define CR 18(1)(a)
Rope Access Supervisor
Define CR 19(8)(a)
Material Hoist Inspector
Define CR 20(1)
Bulk Mixing Plant Supervisor
Define CR 21(2)(g)
Person to control and issue and collect cartridges and nails/studs
Define CR 23(1)(k)
Construction Vehicle and Mobile Plants Inspector
Define CR 24(d)
Temporary Electrical Installations Inspector and Controller
Define CR 28(a)
Stacking and Storage Supervisor
Define CR 29(h)
Fire Equipment Inspector
Define DMR 18(5)
Define DMR 18(5)
Inspector of Lifting Machinery, Lifting Tackle and Forklifts
Define DMR 18(11)
Operator of Lifting Machinery, Lifting Tackle and Forklifts
Define GMR 2(1)
Machinery Supervisor
Define GSR 3(4)
First Aider
Define GSR 5(1)
Confined Space Inspector
Define GSR 8(1)(a)
Stacking Supervisor
Define LEPCR 6(1)
Person or Firm to Inspect Lifts
Define PER 11
Steam Generator/Pressure Vessel Inspector
Define PER 19(2)
Someone to fill, recharge, recondition, modify, inspect or test portable fire extinguishers
What are the Responsibilities of the employer in accordance to the OSH Act 85 of 1993?
As an employer, Rhodes University is obliged to “provide and maintain, as far as is reasonably practicable, a
working environment that is safe and without risk to the health of his/her employees”.
Reasonably practicable refers to what a reasonable person would do – a person with sound judgement
and whose behaviour is moderate and fair.
OHS Act section 8?
OHS Act, Section 8: General duties of employers to their employees
Define Criminal liability?
Criminal law – a type of ‘public law’ – deals with the relationship between the state and the general population.
This means that the state would be involved in a criminal law case against a person who has been negligent or
wilfully breaks the law.
Any employee found guilty of an offence in terms of the OHS Act shall, on conviction, be liable to a fine not
exceeding R50,000 or to imprisonment for a period not exceeding one year, or to both.
An employer found guilty of an offence in terms of the OHS Act shall, on conviction, be liable to a fine not
exceeding R100,000 or to imprisonment for a period not exceeding two years, or to both.
Define Civil liability?
Civil law – a type of ‘private law’ – deals with disputes between individuals and/or organisations where a (negligent
or intentional) wrongful act harms another. The victim lays a claim in a civil law case and if successful, is awarded
compensation. For example
Define Vicarious liability ?
Vicarious liability means that the Line Manager can be held responsible for any offence committed by a
subordinate employee, according to public law. It will depend on whether the employee was found to be acting
in a personal capacity, or in the course of his/her employment.
To avoid vicarious liability, the employer should ensure that all reasonable steps have been taken to prevent the
employee’s acts or omissions.
Define OHS Act, Section 37?
OHS Act, Section 37: Acts or omissions by employees or mandataries
Define OHS Act, Section 38?
OHS Act, Section 38: Offences, penalties and special orders of court
Define a Hazards?
Hazard = a source of or exposure to danger, that can cause injury, illness or death. Hazards are generally considered to be unsafe conditions or unsafe acts.
Define a Risk?
Risk = likelihood/probability that injury or damage will happen, if a situation is out of control.
That are the Responsibilities of the employer?
As an employer, is obliged to “provide and maintain, as far as is reasonably practicable, a
working environment that is safe and without risk to the health of his/her employees”.
The employer is obliged to have a health and safety policy when directed by the Chief Inspector
Provide and maintain an environment that
is safe and without risk to the health and
safety of members
Provide facilities and adequate resources
Carry out risk management activities to
ensure that risks relating to working
procedures and practices
What is the Health and safety rep functions?
Monitor and report on health & safety concerns in the workplace
Serve on a health & safety committee
The OHS Act states that health and safety reps may also be responsible for:
- Visiting incident sites and attend inspections;
- Attending investigations/formal inquiries;
- Accompanying an inspector during inspections;
- Participating in internal audits;
- Being accompanied by a technical advisor if approved by your employer
What are the Duties of the H&S committee?
Initiating: putting measures in place and starting systems that promote employees’ health and safety. Developing Promoting Maintaining Reviewing
What are Unsafe conditions?
- Disorderly/messy work area
- Overcrowded work space
- Poor ventilation
- Faulty equipment
- Protective clothing not available
- Loose items
- Slippery floor
- Moving machinery
- Insufficient lighting
- Hazardous substance storage.
What are Unsafe acts?
- Working without safety equipment or protective clothing - Working without correct skills or knowledge - Working in a dangerous area - Working in a rush - Doing unauthorised work - Working with items unsecured - Leaving items standing in an unsafe place - Working on moving machinery - Fooling around or taking chances.
What are the Hazard classification categories?
Physical hazards Chemical Biological Ergonomic Psycho-social
What are the basic general steps of a Risk assessment?
i. Identify the hazards;
ii. Identify who might be harmed and how (potential impacts);
iii. Evaluate the risks and decide on control measures;
iv. Record the chosen control measures and implement the plan;
v. Review the assessment and update where required.
Define an Incident?
A near miss event or an undesired circumstance which has the potential to cause injury, ill-health, damage or other loss.
Define an Accident?
An event that results in injury or ill-health.
Name the Common causes of incidents/accidents:
- Lack of planning
- Lack of instructions
- Poor housekeeping
- Taking shortcuts
- Casual attitude
- Distractions
- Stress:
For how many employees should there be a H&S Representative?
There must be designated Health and Safety Representatives where there are 20 or more employees, or
- There must be one H&S rep for every:
- 50 employees, or part thereof, in most workplaces; or
- 100 employees, or part thereof, in the case of offices and shops
For how many employees should there be a first aider?
The OHS Act requires all workplaces with ten (10) or more employees to have first aiders.
Number of first aiders: There should be at least one first aider, with a valid certificate of competency in
first aid, per 50 employees – or per 100 in the case of shops or offices.
What is the OHS Act, General Administrative Regulations 8?
Reporting of incidents and occupational diseases
What is covered under the OHS Act, General Administrative Regulations 9 (GAR9)?
Recording and investigation of incidents
What is covered under the OHS Act, General Machinery Regulations 7 (GMR7)?
Reporting of incidents in connection with machinery
What is covered under COID Act, Chapter V: Claims for compensation, 39?
Notice of accident by the employer to commissioner Department of Labour