Last month, the Department of Employment and Labour (‘the Department’) published a new guideline for employers and employees on the core elements of health and safety in the workplace. Simplifying the key facets of the Occupational Health and Safety Act (‘the Act’) and Regulations, the guideline is designed to prevent accidents in the workplace, safeguard workers, protect non-workers from risks emanating from work-related activities, and improve compliance with the Act.
Outlining the regulatory framework underpinning occupational health and safety, the guideline is a valuable and practical resource for both employers and employees. Crucially, it addresses and clarifies key aspects of workplace health and safety, including the role of occupational health and safety inspectors, who are empowered to conduct inspections and investigations at workplaces to facilitate compliance with minimum legal standards. Incontestably, employers and workers must co-operate with inspectors.
For clarity, the guideline delineates the general duties of employers and other role-players, such as manufacturers, sellers, and suppliers. At the centre of the legal framework is the responsibility placed on employers to ensure a safe working environment by identifying and adopting precautionary measures to safeguard workers against potential hazards emanating from the production, processing, handling, use, transportation, or storage of substances or articles. Relatedly, employers are required to inform employees of the health and safety implications of the work being performed and the equipment or machinery used for that purpose. Similarly, manufacturers, importers, designers, and suppliers are mandated to ensure their articles, workplace equipment, or substances adhere to all prescribed safety requirements.
The guideline outlines the rights and responsibilities of workers. Significantly, workers have the right to a safe working environment, to comment on applicable legislation, and to be informed of potential health and safety risks. However, they also have a duty to, inter alia, comply with lawful instructions issued by an employer or authorised person, adhere to all rules and procedures, and wear prescribed safety clothing, when necessary.
Noting the crucial role played by health and safety representatives, the guideline specifies that designated representatives must be familiar with the conditions, circumstances, and relevant policies of the workplace in question. Appointed to promote occupational health and safety, representatives are required to identify potential hazards, investigate incidents, and attend committee meetings regularly to ventilate problems and facilitate compliance.
Additionally, the guideline emphasises the importance of protective personal equipment, including gear for eye, ear, and lung protection, in various work settings to safeguard workers from occupational health and safety dangers.
The guideline is thus a valuable resource for both employers and employees to ensure compliance with prevailing health and safety requirements in the workplace.
View the guideline here.
To consult with an expert attorney specialising in all aspects of labour law, contact labour@stbb.co.za.
