OCCUPATIONAL HEALTH AND SAFETY ACT

1
OCCUPATIONAL HEALTH AND SAFETY ACT OHH
POLICYREVIEW

• DEPARTMENT OF LABOUR
• OCCUPATIONAL HEALTH AND SAFETY
• M ruiters

2
Historical account of the Acts

• The very first legislation introduced into South
  Africa covered both Industrial safety and
  conditions of employment
• The very first Act was the Factories Act 28 of
  1918
• In terms of CHAPTER I of the aforementioned Act,
  the general administration of this Act was vested
  in the Minister of Mines and Industries
  originally before it was transferred to the
  Department of Labour in 1924.
• Factory and Building Work Act, 22 of 1941

3
The shift to purely OHS focus

• A further shift came about during the 1983
  period, where legislation focussed purely on OHS
  and did not include the Conditions of Employment
• Machinery and Occupational Safety Act, Act 6 of
  1983
• Introduction of Self regulation functions
  increased for OHS representatives and committees
  and focus placed on Occupational Health
• Occupational Health and Safety Act, Act 85 of
  1993

4
Evolution of the Long Titles
1918 To provide for the regulation of factories and for other purposes incidental thereto.
1941 To provide for the registration and control of factories, regulation of hours and conditions of work in factories, supervision of the use of machinery, precautions against accident to persons employed on building or excavation work, and for matters incidental thereto.
1983 To provide for the safely of persons at a workplace or in the course of their employment or in connection with the use of machinery to establish an advisory council for occupational safely and to provide for incidental matters.
1993 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.
5
OHS BILL
6
To provide the legislative framework in which
higher levels of compliance can be achieved by
the Inspectorate
7
Questions to be answered

• Is the current legislation sufficient?
• What do we want to achieve with any changes we
  want to make?
• What is the current philosophy?
  (self/co-regulation introduction of AIA concept
  DoL inspectors has short reach.
• What is the philosophy/theme moving forward!
• What do we want to achieve in the next 5 to 10
  years

8

• Expectations of employers?
• Expectations of employees?
• Expectations of public and ?
• Expectations of specialists?
• Additional issues
• Registration of workplaces for permit?
• Higher penalties (compliance has not moved)?
• Safety Management Systems reports annually?
• Special conditions imposed where fatal incidents?

9
New Bill addresses

• Structural issues
• Administrative issues

10
BACKGROUND

• The Occupational Health and Safety Act predates
  the Constitution which provides that any law or
  conduct inconsistent with the Constitution is
  invalid and any obligation imposed by the
  Constitution must be fulfilled.
• The redrafting of the Act therefore became
  necessary to ensure consistency with the spirit
  and provision of the constitution dealing with
  the right to life, human dignity, right to fair
  labour practice, access to information and
  lawful, reasonable, and procedurally fair
  administrative decision making.

11

• Over and above the fact that the current OHS Act
  predated the Constitution, the legislation has
  not kept abreast with the legal landscape in the
  Republic South Africa technology and OHS around
  the world.

12

• Occupational Health and Safety in South Africa
  therefore remains fragmented with various
  Government Departments claiming jurisdiction over
  various areas leading to confusion at times for
  clients.

13

• The Bill seeks to provide for the health and
  safety of persons at work and for the health and
  safety of persons in connection with the
  activities of persons at work, and to provide a
  common framework to guide for the prevention of
  accidents and ensure safety at the workplace,
  alignment of the Act with the constitution and
  other employment laws

14
Proposal

• Move forward with current Act that must be
  reviewed.

15
So Some key changes include amongst others

• Administrative Management of OHS
• Safety Management System and includes
• Risk Management
• Health and Safety Representatives and Committees
• Responsibilities
• appointments
• A total turnaround on the enforcement capability
  which includes
• Administrative Fines
• Alignment of legislation

16
Some key areas for considerations include

• Definitions - changes
• Section 10 expanded upon to address deficiencies
  in terms of GHS and HCS
• Substantial increases in penalties i.e. up to R5
  000 000 and/or 5 years in prison (max.)

17

• It is now entrenched in the new Bill that
  Employees have a right to leave a dangerous
  place of work
• Very little change has been effected to the old
  Section 16 Chief Executive Officer charged with
  certain duties see change made to the issue of
  assigning certain duties
• Some work have been done on Functions of health
  and safety representatives

18
The current challenge

• New Regulations have in the mean time been
  promulgated after the promulgation of the
  Constitutional Act, while the OHS Act has never
  been brought in line with it until today.

19
Not in Synch

• Due to the new Regulations pursuing a newer,
  different concept or theme, different to that
  which existed with the coming into force of the
  existing OHS Act, i.e. self regulation and
  Occupational Health, etc., the new Regulations
  are not in synch with the OHS Act and it has and
  is creating problems with the development of
  newer Regulations.

20
Occupational health and hygiene POLICY amendmentS

• AIA Guideline document
• WHAT IS AN APPROVED INSPECTION AUTHORITY (AIA)?
• REASONS FOR APPROVING AIA
• CRITERIA FOR APPROVAL
• PERSONNEL
• EXAMINATION ON LEGISLATION
• DOCUMENTATION (17020)
• INVESTIGATION OF COMPLAINTS AND DEVIATIONS
  (17020)
• PROCEDURES FOR APPROVAL
• APPROVAL CERTIFICATES
• AUDITS BY THE DEPARTMENT OF LABOUR
• REPORTING TO THE CHIEF INSPECTOR
• LIST OF APPROVED INSPECTION AUTHORITIES

21

• SANAS accreditation of AIAs
• Legal knowledge
• Approached tertiary institutions and 6 are will
  to present the course
• Workshop 30 and 31 July 2012
• Environmental regulations for workplaces
• AIAs more scope
• Physical stressors ( Thermal, ventilation,
  vibration.)
• Ergonomics
• Regulations
• Workshop (September/October)
• HCS, GHS and Asbestos
• Risk Assessments??????

22
Way Forward

• All regulations will have to be brought in line
  with the key changes in the Act
• A guideline is a must to be published when the
  Bill is promulgated to ensure that all grey areas
  are addressed as far as possible.
• All unintended consequences will, as far as
  possible be dealt with during the Public Comment
  phase.

23

• review and strengthen the enforcement provisions
  
• ensure that the legislation is in line with
  current international and local industry
  developments
• simplify the administrative system for issuing
  fines and shorten the enforcement procedures
• reinforce the offences and penalties
• change in OHH Regulations
• Establishment of technical committee's
• AIAs reporting twice per year
• SANAS Accreditation

24
Thank yOU!