Businesses are generally established because an individual has a passion in a particular field, for the sole purpose of profit or both. It often occurs that in the pursuit of passion or profit, legal obligations assigned to an employer can easily be overlooked.

This article will address the obligation of the employer with regards to health and safety matters.

The purpose of the Health and Safety Act 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.”

The Construction Regulations, 2014, are further applicable to persons involved in construction work. Under the Act, employers are responsible not only for the safety of their employees, but also for the safety of any other persons in the workplace. Owners of organisations, including their boards of management have legal responsibilities for occupational health and safety (OHS).

These include:

• Nominating a responsible officer (where applicable).
• 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.

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 and
• Consult with employees/Health and Safety Representatives about occupational health and safety.

The Health and Safety Representative does not take on the management role or responsibilities of management. They also need appropriate Occupational Health and Safety training.

Their role may be to:

• Assist in developing preventive strategies, for example, policies, procedures and Occupational Health and Safety Action Plans,
• Assist the Health and Safety Committee (if one is elected),
• Assist in identifying, assessing and controlling hazards,
• Assist in workplace inspections, audits and incident investigation,
• Coordinate the collection, recording and analysis of OHS data,
• Coordinate training programs.

Efforts to achieve a safe and healthier workplace are more successful when employers and employees work together, consult on safety problems, and cooperatively find solutions.

To better understand your role as owner, manager or supervisor in the construction workplace, the Master Builders KwaZulu-Natal Training Academy strongly encourages the completion of the following course:

Course name: Demonstrate knowledge and understanding of relevant current occupational health and safety legislation (Legal Liability)

Duration: 1 day

Mode: MS Teams

The Master Builders KwaZulu-Natal Training Academy provides a wide range of training interventions that support business, health & safety and technical competencies.

To find out more about our various courses contact us on 031 831 3238 or training@masterbuilders.co.za

Victor Smith | Training Manager