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Health And Safety Duties Of Employees

Health and Safety duties of workers can be listed as follows:

• The employee must take care of his or her own Health and Safety, as well as that of other persons who may be affected by his or her actions or negligence to act. This includes playing at work. Many people have been injured and even killed owing to horseplay in the workplace, and that is considered a serious contravention.
• Where the Occupational Health and Safety Act imposes a duty or requirements on the worker to cooperate with the employer.
• The employee must provide information to an inspector from the Department of Labour if he or she should require it.
• Workers must carry out any lawful instruction which the employer or authorised person prescribes with regard to Health and Safety.
• Employees must comply with the rules and procedures that the employer gives him/her.
• They must wear the prescribed personal protective clothing or use the prescribed safety equipment where it is required (PPE).
• Workers must report unsafe or unhealthy conditions to the employer or Health and Safety representative as soon as possible.
• If the employee is involved in an incident that may influence his or her health or cause an injury, report that incident to the employer, and authorised person or the Health and Safety representative as soon as possible, but no later than by the end of the shift.

RIGHTS OF THE WORKER

The Occupational Health and Safety Act has extended workers’ rights to include the following:

The Right to Information

The worker must have access to:

• The Occupational Health and Safety Act and regulations
• Health and Safety rules and procedures of the workplace
• Health and safety standards which the employer must keep at the workplace.

The worker may request the employer to inform him or her about:

• Health and Safety hazards in the workplace
• The precautionary measures which must be taken
• The procedures that must be followed if a worker is exposed to substances hazardous to health.

The worker may request that his or her private medical practitioner investigate his or her medical and exposure records.

If the worker is a Health and Safety representative, he or she may investigate and comment in writing on exposure assessments and monitoring reports.

The Right to Participate in Inspections

If the worker is a Health and Safety representative, he or she may accompany a Health and Safety inspector from the Department of Labour during an inspection of the workplace and answer any questions the inspector may ask.

The Right to Comment on Legislation and make Representations

The worker may comment or make representations on any regulation or Safety standard published under the Occupational Health and Safety Act.

The Right not to be Victimised

An employer may not dismiss a worker from his service, reduce a worker’s salary or reduce a worker’s service conditions because:

• The worker supplied information, which is required of him or her in terms of the Act, to someone who is charged with the administration of the Occupational Health and Safety Act.
• The worker complied with a lawful notice, (e.g. a prohibition, contravention notice, etc.)
• The worker did something which in terms of the Health and Safety Act should have been done.
• The worker did not do something which in terms of the Act is prohibited.
• The worker has given evidence before the Industrial Court or a court of law on matters regarding Health and Safety.

The Right to Appeal

The worker may appeal against the decision of an inspector. Appeals must be referred in writing to the Chief Inspector, Occupational Health and Safety, Department of Labour, Private Bag X117, Pretoria, 0001.

Duty not to Interfere with or Misuse objects

No-one may interfere with or misuse any object that has been provided in the interest of Health and Safety. A person may, for example, not remove a safety guard from a machine and use the machine or allow anybody else to use it without such a guard.

NEXT

The roles and responsibilities of employers under the South African Health and Safety Act is discussed on the next page.

RESOURCES

• Health and Safety – Everything about Health and Safety in South Africa.
• SHEQAfrica.com – A comprehensive resource and newsletter that covers Health and Safety management issues on the African continent.

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