Be Compliant, Not Complacent

Duties of the Employer According to the Occupational
Health and Safety Act (Act 85 of 1993)

In any organization, employees are more than just workers; they are the backbone and face of the company. As such, it is imperative to ensure that their working environment is safe and conducive to productivity. This principle is enshrined in the Occupational Health and Safety Act (Act 85 of 1993), particularly in Section 8, which outlines the responsibilities of employers to maintain a safe workplace.

Key Employer Responsibilities Under Section 8 of the OHS Act

Safe Systems of Work, Plant, and Machinery

Employers must ensure that all work systems, plants, and machinery are safe and without health risks. This includes regular maintenance and checks to identify and rectify any hazards.

Hazard Elimination and Mitigation

It is the employer’s duty to identify potential hazards and take steps to eliminate or mitigate them. This proactive approach helps prevent accidents before they occur.

Risk-Free Work Environment

Employers must ensure that the production, processing, use, storage, or transportation of articles or substances are conducted in a way that poses no health risks to employees.

Risk Assessment and Precautionary Measures

Employers are required to assess risks related to any work performed and establish necessary precautionary measures. These measures must be communicated effectively to all employees.

Information, Training, and Supervision

Providing employees with adequate information, instructions, training, and supervision is crucial. This ensures that all staff are aware of the safety protocols and can perform their duties safely.

Compliance and Enforcement

Employers must take all necessary measures to ensure compliance with the OHS Act. This includes enforcing safety measures and ensuring that work is supervised by trained personnel.

Employee Awareness

Employees should be informed about their responsibilities under section 37(1) of the OHS Act, which deals with acts or omissions by employees or mandataries that could affect health and safety.

The Importance of Employee Cooperation

While the responsibility for providing a safe work environment lies with the employer, employees also have a role to play. Under Section 14 of the OHS Act, employees are required to take reasonable care for their own health and safety as well as that of others who may be affected by their actions or omissions. This includes adhering to workplace procedures and reporting any unsafe conditions to their employer.

Current Statistics and the Need for Vigilance

According to the most recent statistics from the Department of Employment and Labour, South Africa reported 2,023 workplace fatalities and 18,370 injuries in the latest reporting year. These figures highlight the ongoing need for stringent adherence to safety protocols and continuous improvement in workplace safety measures.

Ensuring a safe working environment is not just a legal obligation but also a moral one. By adhering to the Occupational Health and Safety Act, employers protect their most valuable assets—their employees. A safe workplace promotes productivity, reduces the risk of accidents, and enhances the overall well-being of the workforce. If you need assistance with OHS compliance, our range of training and management services can help you meet these essential requirements. Contact us to learn more about how we can support your safety initiatives.

For more information, visit SIHR Health & Safety Management.

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