Lesson 2.1: Overview of South African OHS Act (85 of 1993)
Understanding the legislative framework governing workplace health and safety in South Africa
Introduction
The Occupational Health and Safety Act (OHS Act) of 1993 is the primary legislation governing workplace health and safety in South Africa. This lesson provides an overview of the Act’s purpose, scope, and key provisions that impact incident investigation processes.
Learning Objectives
By the end of this lesson, you will be able to:
- Explain the purpose and scope of the OHS Act
- Identify the key stakeholders and their responsibilities under the Act
- Understand the general duties of employers regarding health and safety
- Recognize the sections of the Act most relevant to incident investigation
Purpose and Scope of the OHS Act
Purpose of the Act
The OHS Act aims 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. It protects people other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work.
Scope and Application
The Act applies to all employers and workers, except for mines, mining areas, and mining works (covered by the Mine Health and Safety Act). It also applies to government departments and local authorities.
Key Definitions
The Act defines important terms including “employer,” “employee,” “workplace,” “hazard,” “dangerous occurrence,” and “incident.” Understanding these definitions is essential for proper implementation of the Act’s requirements.
Key Stakeholders and Responsibilities
Employers
Primary responsibility for workplace health and safety
Employees
Duty to take reasonable care of own health and safety
Chief Inspector
Administers and enforces the Act
Inspectors
Monitor compliance and conduct investigations
General Duties of Employers
Section 8: General Duties
Section 8 of the OHS Act outlines the comprehensive duties of employers, which include:
Safe Working Environment
Employers must provide and maintain a working environment that is safe and without risk to the health of employees. This includes adequate ventilation, lighting, temperature control, and sanitation facilities.
Safe Plant and Machinery
All plant and machinery must be designed, manufactured, and maintained in a way that ensures they are safe and without risk to health when properly used.
Training and Supervision
Employers must provide information, instructions, training, and supervision necessary to ensure the health and safety of employees at work.
Enforcement Measures
Employers must take such measures as are reasonably practicable to eliminate or mitigate hazards or potential hazards in the workplace.
OHS Act and Incident Investigation
Section 12: Duty to Inform
Employers must inform employees about hazards and risks in the workplace.
Section 13: General Duties of Employees
Employees must report unsafe conditions and incidents to their employer.
Section 24: Reporting of Incidents
Requires reporting of certain incidents to the inspector within specified timeframes.
Section 30: Investigations
Empowers inspectors to investigate incidents and dangerous occurrences.
Key Takeaways
- The OHS Act is the primary legislation governing workplace health and safety in South Africa
- Employers have the primary responsibility for ensuring a safe working environment
- Employees have a duty to take reasonable care and report unsafe conditions
- The Act requires reporting of certain incidents to inspectors within specified timeframes
- Understanding the OHS Act is essential for conducting compliant incident investigations