Health and Safety Act
The Occupational Health and Safety Act (1993) of South Africa, requires the employer to bring about and maintain, as far as reasonably practicable, a work environment that is safe and without risk to the Health and Safety of the workers.
This means that the employer must ensure that the workplace is free of hazardous substances, such as benzene, chlorine and micro organisms, articles, equipment, and processes that may cause occupational injury, damage, disease or ill health.
Where this is not possible, the employer must inform workers of the hazards and risks present in the workplace. The employer must also educate employees on how they may be prevented, and how to work safely. Protective measures for a safe workplace must also be provided.
The Occupational Health Safety Act does not expect of the employer to take sole responsibility for Health and Safety.
The Act is based on the principle that hazards and risks in the workplace must be addressed by communication and cooperation between the employer and the employees. The employer and employees must share the responsibility for Health and Safety in the workplace and work together to mitigate all hazards and risks. Both parties must pro-actively participate to identify dangers and develop control measures to make the workplace safe.
The employer and the workers are required by the Occupational Health and Safety act to be involved in a system where Health and Safety representatives may inspect the workplace regularly and then report to a Health and Safety committee. The Health and Safety committee must in turn make recommendations to the employer about the improvement of Health and Safety in the workplace.
To ensure that this system works, every worker must know his or her rights and duties as contained in the Act.
Health Safety Act & Regulations
The Act, known as the Occupational Health and Safety Act of 1993 (Act 85 of 1993) consists of 50 sections promulgated by Parliament.
The purpose of the Act is to provide for the Health and Safety of persons at work or in connection with the use of plant and machinery. It further provides for the protection of persons other than persons at work from hazards arising out of or in connection with the activities of persons at work.
Health Safety Act Book.
Various regulations, on specific topics, are incorporated into the Act from time to time by the Minister of Labour so it is necessary to purchase an updated copy of the Health & Safety Act on a regular basis.
The Health & Safety Act and/or Regulations can be purchased from the Government Printer in Gazette form or bound form from Health Safety Act publishers.
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