Frequently Asked Questions
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Who is responsible to ensure an organisation complies with the Occupational Health and Safety Act?
By law, this responsibility falls on the Chief Executive Officer of an organisation, who is automatically “appointed” in terms of Section 16(1) of the Act.
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May the CEO appoint others to assist them in their duties?
Yes, they may assign any duty to any person in terms of Section 16(2) of the Act. However, it is important to note that the CEO only assigns their duty and not their responsibility.
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May a Section 16(2) appointment be done verbally?
No, any appointment must be done in writing (preferably on a company letterhead), signed by both the CEO and the Appointee.
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May a Section 16(2) Appointee in turn also appoint someone to assist them in the execution of their duties?
Yes, they may appoint as many people as deemed necessary to assist them with their duties in terms of Section 8 of the Act. Once again, please note that only duties are assigned and not responsibilities.
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What are the responsibilities of an Employer?
According to Section 13 of the Act, the Employer has a duty to inform Employees with regards to any hazards attached to their work and all precautionary measures to be taken.
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What precautionary measures should be taken?
Employers must supply and enforce the wearing of Personal Protective Equipment (PPE) and have written safe work procedures in place.
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How is a Health And Safety Representative selected?
They should be nominated and elected by fellow Employees.
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How is a Health And Safety Representative appointed?
Their appointment should be in writing, indicating their period of appointment and area of responsibility.
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How many Health And Safety Representatives should be appointed?
One Health And Safety Representative should be appointed if more that 20 people are employed. Thereafter, one Health And Safety Representative for every 50 employees or part thereof is required.
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How often should safety meetings be held?
At least once every three months.
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Who should chair the safety meeting?
The committee must elect a chairperson.
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What type of incidents need to be reported?
According to Section 24.1(a) incidents need to be reported for death, unconsciousness, loss of a limb or part thereof, occupational disease and when an employee is off duty for 14 days or longer due to an injury on duty or occupational illness.
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Which other incidents are also to be reported?
According to Section 24.1(b) and Section 24.1(c) incidents need to be reported for a spillage of a dangerous substance, an uncontrolled release of substance under pressure, fractured machinery – uncontrolled, flying or falling objects, and machinery that ran out of control.
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How should reporting be done?
Reporting should be done within the prescribed period of 7 days, using form W.Cl.1 for occupational disease and form W.Cl.2 for occupational injuries.
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What are the general duties of Employers?
Every Employer shall provide and maintain a workplace that is safe and without risk to the health of Employees.
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How is a safe working environment achieved?
A safe working environment can be achieved by hazard identification, identification of measures to manage the hazards, implementation of control measures, providing information and training, ensuring that all persons on the premises comply with the Act, enforcing discipline and by every Employee knowing their scope of authority.
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What are the duties of Employees?
Employees should co-operate with the employer, carry out lawful orders and obey rules and procedures, report unsafe conditions and situations, and report incidents which may affect health or safety.