The Health and Safety of Children at Work Regulations address many previously neglected areas regarding minors in the working environment.

Health and Safety of Children at Work Regulations

Herewith a summary and comments on the regulations’ contents:

Definitions:

A “child” is defined as a person less than 18 years of age and a “child worker” is defined as any child who is employed by or works for an employer and who receives or is entitled to receive any remuneration, or who works under the direction or supervision of an employer or any other person.

This needs to be viewed in the context of what is understood under “remuneration” and who is regarded as an “employer”.

“Remuneration” means any payment in money or in kind or both in money and in kind, made or owing to any person in pursuance of such person’s employment.

“Employer” means any person who employs or provides work for any person and remunerates that person or expressly or tacitly undertakes to remunerate him, but excludes a labour broker as defined under the Labour Relations Act.

What is the purpose of the regulations?

To prohibit/prevent or place conditions upon work that may be required, expected or permitted to be performed by child workers, and which is not prohibited in terms of any law.

What is further expected under these regulations?

Everything always starts with a risk assessment. Even in this case, the hazards needs to be determined in order to protect child workers from health and safety hazards and risks that may be present in the workplace.

Emphasis is placed on the vulnerability of the child and the possible exposure to hazards and risks in the working environment as well as the reduced ability of children to perceive danger or understand safety messages.

Another aspect affecting their health and safety is the fact that their bodies are still developing and may be more prone to illnesses, disease and/or injuries.

Ergonomically they may not have developed fully yet. One must ensure that the working environment is good for their body posture and not causing further complications. The physiological, hormonal and other vulnerabilities of children during puberty also needs to be taken into consideration.

The regulations then continues to address the standard workplace conditions such as:

• respiratory hazards,
• work in elevated positions,
• lifting of heavy weights,
• working in cold and/or hot environments,
• working in noisy areas,
• use of power tools and cutting or grinding equipment
• and many more.

There is little difference between the requirements to work in these areas from an adult and from a child’s point of view. Both parties’ needs to:

• be trained,
• use PPE,
• risk assessments needs to be done,
• adequate supervision is required and
• regular breaks needs to be provided.

Penalties that can be incurred should the regulations be contravened include a fine or imprisonment for 12 months and in the case of continuing offence, an additional fine of R200.00 or additional imprisonment for each day on which the offence occurs provided it does not exceed 90 days.

Some interesting questions/statements to consider:

• What happens during the school holidays when children are brought to the working environment and do odd jobs – who approved this and if not – how is this regulated?
• School-going children may not work for more than 20 hours per week during school terms and 40 hours per week during school holidays – how do you monitor these hours?
• Does your insurance cover this extra risk on site?
• Have your employees (who are parents to children) been informed about the hazards and risks of their children at work and the possible implications?
• Does your company offer a benefit to parents during the holiday season to look after the children – have you considered the legal implications?

In summary

Any person who employs a child worker must display the prescribed summary of these regulations in the work-place where it can be read by employees including child workers who are at the workplace. This may include a summary of other relevant regulations and laws applicable to their workplace.

The existence of this displayed summary and its contents must be brought to the attention of all employees, including child workers.

This regulation does not permit the employment of any child worker under the age of 15 years or who is subject to compulsory schooling in terms of any law.

With the continuing drop-out statistics of children at the age of 16 and then entering the job market, employers will have to seriously start investigating this avenue of employment and ensure that they are complying legally when employing children at an age of 15 and higher.

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Spokesperson Wisani Mavasa said in a statement that a team of provincial labour inspectors led by Marsha Bronkhorst visited the Saaiman Boerdery farm on Friday.

The team, which included the Mangaung municipality’s Environmental Health unit and the Human Rights Commission, issued prohibition notices on the use of all sorting and packaging machinery at the farm.

The farmer, who employs about 50 workers, was issued with various notices of the contravention of the Occupational Health and Safety Act. These included notices for not providing proper personal protective equipment to all workers and not having a valid certificate of compliance for electrical installations.

The notices were valid until the farmer conducted proper induction training for workers in using the machines.

All the dangerous machines were safeguarded as per the Occupational Health and Safety Act.

Bronkhorst said: “We are not going to allow situations where an employer puts his profit before the well-being of the workers.”

“In this case it is obvious that the employer has not even tried to put anything in place in the interest of his workers’ health and safety,” she said.

“As the department of labour, we have to demonstrate strong intolerance of each and every employer who refuses to obey the law,” said Bronkhorst.

The labour team also found that the farmer has disregarded the Basic Conditions of the Employment Act’s Sectoral Determination for Farm Workers and was paying his workers salaries less than that stipulated in the legislation.

There were no contracts of employment and copies of pay slips or any other records available at the farm business.

Farm workers also did not have proper sleeping and ablution facilities, and food provided to them “was not of an acceptable standard”.

The farmer was ordered to comply with the legislation within 21 days or face the full might of the law.

Source: Sapa

Wanda Lodi on Health Safety Plans & Safety Files

What is a Health and Safety Plan?

A Health and Safety Plan is a document that is part of the Health and Safety File and can be considered as an executive summary of a “business plan” for Health and Safety management on a site.

A Health Safety Plan is developed according to the Health and Safety specifications provided by the client. Also it is documentary proof of compliance with the Regulation 5(4) of the Construction Regulations which forms part of the Occupational Health and Safety Act of South Africa.

Who should compile a Health Safety Plan?

According to the Construction Regulations section 5(1), a Principal Contractor shall provide and demonstrate to the client a suitable and sufficiently documented Health and Safety Plan, based on the client’s documented Health and Safety specifications contemplated in regulation section 4(1)(a).

The above section relates to the requirements for the Principal Contractor. Then the Construction Regulations states under section 5(4) the requirements for a contractor – A contractor shall provide and demonstrate to the Principal Contractor a suitable and sufficiently documented Health Safety Plan, based on the relevant section of the principal contractor’s Health and Safety specification.

So, it must be clear that the Construction Regulations’ requirements must be addressed by both Principal Contractors and contractors (sub-contractors).

What should be covered in the Safety Plan?

In a Health and Safety Plan, the following aspects are looked at and proof of is kept in the Safety File:

1. Notification to the Provincial Director (Annexure A document) which is a requirement under Section 3 of the Construction Regulation.
2. Appointments under the Construction Regulations:
   1. Appointment of contractors [Section 5(3)(b)]
   2. Appointment of construction supervisors [Section 6(1)]
   3. Appointment of assistant construction supervisors [Section 6(2)]
   4. Appointment of construction Safety officers [Section 6(6)]
   5. Appointment of Risk Assessor [Section 7(1)]
   6. Appointment of formwork and support work supervisor [Section 10(a)]
   7. Appointment of excavation work supervisor [Section 11(1)]
   8. Appointment of demolition work supervisor [Section 12(1)]
   9. Appointment of scaffolding supervisor [Section 14(2)]
   10. Appointment of stacking and storage supervisor[Section 26(a)]
   11. Appointments of internal auditors and external auditors [Section 5(3)(c)]
   12. And also all other appointments required according to the Safety Specification of the client.
3. Registers of Skills Training and Safety Induction and the course outlines.
4. Assessment records of Personal Protective Equipment required for construction.
5. Register of Personal Protective Equipment (PPE) and weekly inspection records of Personal Protective Equipment.
6. Public and Environmental issues in connection with the workplace:
   • Traffic Management Plan
   • Emergency Plan
   • Pedestrian and Vehicle Traffic Accommodation Plan
   • Environmental Scoping document for construction
   • Environmental Impact Assessment records for construction
   • Environmental Management Plan for construction
   • Protocols to minimise dust nuisance
   • Protocols to minimise noise nuisance
   • Records of decisions for construction work
   • Records of decisions for storage of diesel on site
   • Records of decisions for storage of chemicals on-site
7. Registers of Plant and Equipment used for construction.
8. Registers of Approved Operators and copies of certificates of training for all operators.
9. Records of the daily inspections for Plant and Equipment for construction.
10. Letter of Good Standing with the Compensation Fund.
11. Copies of Method Statements necessary in terms of the Construction Regulations:
    • Overall Method Statement
    • Trench excavations
    • Trench backfilling
    • Bulk excavations
    • Bulk backfilling
    • Pipe, duct or cable laying
    • Testing of pressure pipelines
    • Electrical work
    • Structural concrete
    • Concrete paving
    • Block paving
    • Formwork
    • Demolitions
    • Scaffold work
    • Suspended scaffold and boatswain chairs
    • Structural brickwork
    • Site housekeeping
12. Register of Risk Assessments conducted on the site and copies of the Risk Assessment conducted.
13. Register of Incidents, First Aid Injuries and Reportable Injuries that occur on the site.
14. Register of warnings issued for unsafe working practices (Not complying to Personal Protective Equipment, negligence, drunkenness, etc)
15. Copies of Incident Investigation reports conducted on the construction site.
16. Copies of reports to the Provincial Director for reportable injuries occurring on the Construction Site.
17. Register of Daily Safety Reports and copies of the safety reports conducted on the construction site.
18. Register of Safety Audits and copies of the safety audits conducted on the construction site.

The information provided is an example of the contents of the Health Safety Plan but it will also be in accordance to the Health and Safety specifications given by the client. Your Safety Plan and Safety File will thus depend on the information provided by the client in order to comply with the Health and Safety specifications.

How to compile a Health Safety Plan & Safety File

Wanda Lodi leads a regular 3-day workshop designed to inform participants about Health and Safety Plans and Safety Files. Please click on the link to learn more about his “How to Develop A Health and Safety Plan Workshop”.

Safety Plan Articles

• First Safety Plan Workshop a Success
• Health Safety Plans & Safety Files
• Contractor Safety Files Explained

The last 24 months saw quite a few changes and additions to the OHS Act and Regulations. For instance, the Pressure Equipment Regulations replaced the previous Vessels under Pressure Regulations.

The new Health Safety Act books reflect all these changes.

Every book contains the latest full version of the OHS Act as well as the Regulations.

Here is a list of all the Health and Safety Regulations you will find in the new books:

• Pressure Equipment Regulations
• Electrical Installation Regulations
• Driven Machinery Regulations
• Hazardous Chemical Substances Regulations
• Driven Machinery Regulations
• Facilities Regulations
• Construction Regulations
• General Administrative Regulations
• Noise Induced Hearing Loss Regulations
• Major Hazard Installation Regulations
• Asbestos Regulations
• Diving Regulations
• Explosives Regulations
• Hazardous Biological Agent Regulations
• Lead Regulations
• Lift, Escalator and Passenger Conveyor Regulations

You can now order five (5) copies of the Occupational Health and Safety Act with the Regulations for just R912.00. The price includes VAT as well as postage and packaging.

To place your order, please contact Advantage ACT on (012) 809 4210 or sheq@advantageact.co.za

The Occupational Safety and Health Act requires of employers to constitute a Health and Safety committee as soon as two or more Health and Safety representatives are elected or when a Health and Safety Inspector instructs an employer to do so, so its mandatory (Section 19, of the Occupational Health and Safety Act). So like anything else, a committee works only when it’s done right.

In this guide we will take a look at the four R’s of Health and Safety committee success.

Representation

How many members should a Health and Safety committee have? The best answer to this question is that there should be enough members to make every part of the organization feel represented but not so many as to encumber the committee’s work. Striking the right balance between representativeness and effectiveness can sometimes be difficult.

When we look at Section 19 of the Occupational Health and Safety Act we see that it is the duty of the employer to:

• Decide on the number of Health and Safety committee members

• Appoint committee members

• Attend every committee meeting

So with these duties in mind, the employer can now decide how many members to appoint. There should be somebody on the committee to represent each of the organization’s natural divisions, e.g. manufacturing, administration and stores, etc. If there are too many divisions, it might be necessary to consolidate things for committee purposes. For example, it would be unwise to appoint one representative from each facility if your company has over 100 facilities.

More Is Sometimes Less

I have noticed that the most effective committees are small in number, no matter how many employees they represent. A good rule of thumb seems to be that Health and Safety committees with between five and eight members seem to accomplish the most. Committees of a dozen or more, on the other hand, tend to have a hard time making decisions and don’t get much done.

Instead of adding members, you always have the option to set up sub-committees for specific tasks or at the most add temporary members when you need them.

Who Should Be on the Committee

Probably the most difficult task for the employer is to decide who should be on the committee. A good approach might be to ask for volunteers. You will need to be careful here because the employees who lobby most aggressively to be on a committee often have an agenda that isn’t representative of the other employees. Electing such members often leads to turf battles and in-fighting that limits the committee’s overall effectiveness.

it’s also a mistake to force employees to serve on a committee if they don’t want to.

It is also important to note that the Safety and Health Act clearly states that the Health and Safety committee members appointed directly by the employer my not be more than the representatives elected by workers.

Resources

SHEQAfrica.com – Home of the African SHEQ community.
SHEQ.co.za – Safety, Health, Environmental & Quality Management

SafetyAct.co.za – Occupational Health and Safety Act Products/Services

Health and Safety programs need regular evaluations for the following reasons:

• A regular and established assessment program indicate to all the people involved with Health and Safety that what they do is important.

• The evaluation provides immediate feedback with regards to performance and creates an opportunity for the identification of problem areas that needs attention within the Health and Safety system.

• What is measured can be improved. There is always opportunities for improvement within Health and Safety programs.

It might be a good idea to do these assessments at the Health and Safety committee level. This would provide an opportunity for all the role-players to provide input and it would work towards increased buy-in at all levels within the organisation.

I have listed some of the components of successful Health and Safety programs below in question format, but I must tress that you should use them as a basis for your evaluation and that you should provide the opportunity for additional criteria where you feel a need exists within your organisation. You must remember that no two Health and Safety programs are the same.

FACTOR A:
Does the workers and management Health and Safety partnership extends beyond the Health and Safety committee?

Best Practice Guidelines

• The Health and Safety committee members act as safety resources and/or safety representatives for their respective departments or work places

• Supervisors work with these safety representatives in resolving local health and safety issues and both supervisor and health and safety representative contribute to weekly departmental safety meetings for employees.

• Worker member/s of the Health and Safety committee assists the organisation’s Health and Safety officer on a permanent basis.

FACTOR B:
Are the Health and Safety Inspections proactive, up to date and produce positive and identifiable results for the Health and Safety program?

Best Practice Guidelines

• The Health and Safety committee reviews Health and Safety inspection checklists frequently and place special emphasis on factors involved in recent incidents.

• The Inspection check-list identifies positive improvements and initiatives and may be linked to reward system.

• The organisation’s Health and Safety Inspection system encourages and requires incident reporting by asking about and recording incidents.

• The organisation track Health and Safety inspection results in a computer database or program to facilitate regular evaluation of results and to improve effective communication.

FACTOR C:
In larger or multi-plant workplaces, does a Health and Safety Policy Committee exists to deal with policy issues?

Best Practice Guidelines

• A corporate level Health and Safety Policy Committee meeting is held on an annual basis to discuss and confirm organisation-wide Health and Safety policy. Representation from senior management and workers attend these meetings.

FACTOR D:
Does your Health and Safety program use and develop effective assessment tools that are used for regular evaluation of committee performance and identifying areas for improvement?

Best Practice Guidelines

• Develop a Health and Safety committee effectiveness check-list that can be used annually to identify areas for improvement.

• Prepare an annual report of OHS Committee activities and achievements during the year.

FACTOR E:
Is it your organisation’s policy that going beyond Health and Safety legal compliance is an objective of the Health and Safety system?

Best Practice Guidelines

• The organisation believes in moving beyond the minimum requirements of the applicable Health and Safety legislation and sets its own standards for the Health and Safety programme.

• Participation in a voluntary Health and Safety program audit system is encouraged. Good results could lead to rewards.

Minister Mdladlana was addressing the media at the Construction Summit hosted by the Department of Labour in Johannesburg on Tuesday. The summit was arranged to discuss the growing number of fatalities and the state of Health and Safety in the construction sector.

With regards to the Health and Safety inspectors, minister Mdladlana said while he was hoping to increase their remuneration. The Department of Labour was working on increasing the number of inspectors employed there.

There are currently about 800 inspectors at the Department of Labour and they are looking at recruiting 300 additional inspectors.

The recruitment of more inspectors are a priority at the Department as the Minister set aside R690 million of the departments R1. 7 billion budget to recruit more inspectors. “We intend to similarly improve the competency levels of our inspectors for better enforcement of our laws,” he said at the time of his Budget speech.

The Construction Health and Safety summit was attended by various stakeholders from the construction industry. The aims of the Health and Safety summit was to:

• Set targets to reduce the number of fatalities in the Construction sector,

• To raise awareness about Health and Safety issues on construction sites,

• To decide on measures to reduce the number of Health-related injuries and deaths as well as to

• Put together a Health and Safety strategy to deal with incidents in line with the Occupational Health and Safety Accord.

The Health and Safety accord was signed between the Department of Labour, business and labour unions in 2002 and it seeks to reduce the high number of work-related incidents and to promote the establishment of healthy and safe working environments.

This accord requires of organisations to take a fresh look at the evaluation of Health and Safety programmes.

Source: BuaNews
By Edwin Tshivhidzo

Christel Fouche on Health and Safety

Health and Safety systems based on the OHSAS18001 management system standard, whether the system is certified or not, tend to remain a Safety Management System and never became a true Health and Safety system.

Health and Safety systems designed to facilitate compliance with the Occupational Health and Safety Act, Act 85 of 1993,  generally continue this trend. These continue to remain Safety Management systems.

So question must be asked, where is the Health part?

Why is it not included? Can Occupational Health just be sidestepped?

The foundation of a Health and Safety management system starts with the identification of hazards and risks pertaining to Health and Safety. Does your Risk Assessments include Occupational Health hazards and risks or only those for Occupational Safety?

When these Risk Assessments were done, did the clinic sister, medical practitioner, occupational hygienist or other health professional give their input?

Another key factor is Health and Safety training. Does your Health and Safety training of the Health and Safety representatives focus on Health and Safety content or only on Safety?

The workplace inspection check-list of the Health and Safety representative, is anything included in the checklist that refers to Occupational Health?

Health and Safety Induction training. Does your training refer to Occupational Health and illnesses and diseases, medical surveillance and biological monitoring or Occupational Health risk assessments?

Let’s look at the Supervisor training as required by your Health and Safety system. Does the training cover the basic key factors that a manager must know of to identify the first signs of illnesses or diseases in the workplace and then how to handle it confidentially?

Now take a fresh look at your Health and Safety system appointments. Excluding the 16.1 and 16.2 appointments as required by the Health and Safety Act, how many of the other appointments include Health and Safety?

All the workers appointed in terms of your Health and Safety system, how many actually know what Occupational Health is all about and then inspect and audit the Health side in their areas of responsibility?

Take a look at your Health and Safety system evaluations. When auditing Health and Safety legislation, which questions do you ask in terms of Health legislation or do you only focus on the Occupational Health and Safety Act?

Your systems need Health and Safety Legal Registers to support them. Does your Legal register include the Health Act, Coid Act, Tobacco Act, and other related health legislation?

Do the roles and responsibilities of employees include Occupational Health?

The above examples are highlighted to show possible loopholes in a Health and Safety management system that may not reflect a balance between Occupational Health and Safety.

Keep the balance right.

Article by: Christel Fouche

The growing trend of Construction Safety accidents cause concern amongst industry bodies.

Labour Minister Membathisi Mdladlana will address the gathering to be held at the Birchwood Conference Centre in Ekurhuleni and he will no doubt challenge the construction industry to take a fresh look at Contruction Safety.

The Department of Labour states that the aims of the summit will be to:

1. Set targets to reduce the number of workplace fatalities,
2. Raise awareness about Health and Safety issues on construction sites,
3. Reduce the number of Health and Safety related injuries and deaths.

The summit will also look at the Occupational Health and Safety Accord signed between the Department of Labour, business and labour unions in 2002. The plan is to try and put together an effective strategy to deal with the Health and Safety incidents in line with this accord.

The main goal of the accord signed in 2002 was to reduce the high number of work-related accidents and to promote workplaces that is alligned to the Occupational Health and Safety Act.

In South Africa, the iron and steel, construction, agriculture, food, drink and beverage sectors are identified as sectors with the highest risks when it comes to workplace Health and Safety accidents countrywide. Almost 47 percent of reported workplace injuries and fatalities received by the department’s Health and Safety inspectorate comes from these industries.

According to the Occupational Health and Safety Act, employers are required to bring about and maintain a reasonable practicable work environment that is safe and without risk to the Health and Safety of their employees.

Written warnings and fines are given to employers that do not comply to the Occupational Health and Safety Act.

Among those scheduled to participate at the summit are representatives of trade unions, business, professional architects and designers, Occupational Health and Safety legal expects as well as government departments.

Source: BuaNews

Minister Sonjica spoke at the SA Chamber of Mines annual general meeting in Johannesburg. Despite the progress made in regulatory reform with the Mine Health and Safety Act, the legacies of the past remained, she told the meeting.

“We are still dealing with some of the impact of many discriminatory practices which were allowed by the legislation such as disproportionate compensation systems, the inferior housing, poor working conditions and a general neglect of Health and Safety,” she said.

Health and Safety statistics in the mining sector has only improved marginally and this might indicate that performance improvement plateau have been reached. What is required here is that the mining sector must take a new and radical approach to Health and Safety issues.

The Mine Health and Safety amendment bill currently discussed in Parliament sought to address the problems that had been identified after consultations with relevant parties, and to contribute to the stimulation of a new approach to Health and Safety that will ensure increased performance in that area.

The Health and Safety summit held recently has also provided a shift from previous summits in terms of coming up with concrete action plans to be implemented by all concerned in mining.

“We need to address all critical challenges facing us, which includes among other things, the need radically to transform our Occupational Health and Safety culture,” Sonjica said at the meeting.

Minister Sonjica said that the industry needs to take a fresh look at the old values and norms and if the mining sector wants to become the best in the world, they will need to move away from those values associated with South Africa’s past.

The minister said that the industry has adopted values at the previous summit that will form a good foundation for a real cultural transformation and that this will require leaders who are committed in driving this cultural transformation. The CEO’s need to take charge and drive reform from the top down to the workers.

“I therefore challenge all our leaders to walk the talk in driving this cultural transformation that we desperately need.”

Sonjica refered to the report on the presidential Health and Safety audits in the mining industry. The report has been finalized, the results analysed and the report had already been handed to President Kgalema Motlanthe.

President Motlanthe now needs to go through the report where after the findings would be announced to the public, she said.

Source: Sapa