Health and safety legislation is a complex but integral aspect for the construction industry. Unfortunately it is also often overlooked and its importance underestimated. The Training Academy caters for the need of a better understanding of current occupational health and safety legislation.

The purpose of the Occupational Health and Safety Act, as amended by Occupational Health and Safety Amendment Act, No 181 of 1993 is:  “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.”

In this context the employer needs to be cognisant of both civil and criminal liability which can be understood as follows:

Civil liability is any action taken against the organisation by any member of the public – or citizen of South Africa. The organisation cannot afford to place itself in a situation wherein any member of the public lays claims against it due to non-compliance with occupational health and safety.

Criminal liability is any action taken against the organisation with relation to a criminal act they may have committed – in this instance for non-compliance with occupational health and safety.

Every organisation has a general duty (or obligation) of care on the employer and employees in the workplace and also on anyone who designs, manufactures, imports or supplies any plant or substances to a workplace.

Occupational health and safety also covers issues such as how to resolve OHS issues and the roles of (and election process, where applicable, for) Health and Safety Committees and Health and Safety Representatives.

Under the Act, employers are responsible not only for the safety of their employees, but also for the safety of any other people in the workplace.

Owners of organisations, including their boards of management have legal responsibilities for OHS. These include:

• Ensuring that the legal obligations of the facility are met. This includes establishing and maintaining OHS systems, appropriate resourcing of the facility to enable safe work practices and developing and implementing company policies that support OHS.

In summary, employers are required to:

• Provide and maintain a safe working environment.
• Provide and maintain safe plant and systems of work (including, for example, identifying, assessing and controlling hazards).
• Provide information, instruction and supervision of employees to ensure health and safety
• Ensure the safe use, storage and handling of substances.
• Provide adequate facilities for staff.
• Consult with employees/Health and Safety Representatives about OHS.

All employees should have their OHS responsibilities included in their job descriptions and should have the skills and knowledge necessary to meet their responsibilities. It is the employer’s responsibility to ensure that this occurs as part of the supervision of employees.

For training on accredited unit standards which will enhance your capacity to comply with the relevant occupational health and safety legislation, write to training@masterbuilders.co.za or call us on 031 831 3238.

Victor Smith | Training Manager