THE ROLE OF THE OCCUPATIONAL HEALTH AND SAFETY

(OHS) INSPECTORS

The role of the occupational health and safety (OHS) inspectors of the
Department of Labour is explained. The duties and rights of workers, as
extended to them in the Act, are set out. The roles and responsibilities of
employers, manufacturers, designers, importers, suppliers and sellers, in
ensuring the health and safety of workers are highlighted. And finally,
the functions of health and safety representatives and committees are
clarified.

Every chief executive officer shall as far as is reasonably practicable

ensure that the duties of his/her employer as contemplated in this Act,
are properly discharged.

The Occupational Health and Safety Act, 1993, 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 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, processes, etc. that may cause injury, damage or
disease. Where this is not possible, the employer must inform workers of
these dangers, how they may be prevented, and how to work safely, and
provide other protective measures for a safe workplace.

However, it is not expected of the employer to take sole responsibility

for health and safety. The Act is based on the principle that dangers in
the workplace must be addressed by communication and cooperation
between the workers and the employer. The workers and the employer
must share the responsibility for health and safety in the workplace.
Both parties must pro-actively identify dangers and develop control
measures to make the workplace safe. In this way, the employer and the
workers are involved in a system where health and safety representatives
may inspect the workplace regularly and then report to a health and
safety committee, who in turn may submit recommendations to the
employer.

To ensure that this system works, every worker must know his or her
rights and duties as contained in the Act.

ACT AND REGULATIONS

The Act, known as the Occupational Health and Safety Act, 1993 (Act
85, 1993) consists of 50 sections approved by Parliament. The purpose
of the Act is to provide for the health and safety of people at work or in
connection with the use of plant and machinery. It further provides for
the protection of people other than people at work from hazards arising
out of or in connection with the activities of people at work.

Various Regulations, on published in terms of the Act from time to time

by the Department of Labour.

The Act and Regulations can be purchased from the Government Printer
in Gazette format or bound format from various publishers.
DEPARTMENT OF LABOUR

Chief Directorate of Occupational Health and Safety

The Occupational Health and Safety Act is administered by the

Inspections and Enforcement Services Branch: Occupational Health and
Safety of the Department of Labour. In order to ensure the health and
safety of workers, provincial offices have been established in all the
provinces. To this end, occupational health and safety inspectors from
these provincial offices carry out inspections and investigations at
workplaces.
INSPECTIONS

Inspections are usually planned on the basis of accident statistics, the

presence of hazardous substances, such as the use of benzene in
laundries, or the use of dangerous machinery in the workplace.
Unplanned inspections, on the other hand, usually arise from requests or
complaints by workers, employers, or members of the public. These
complaints or requests are treated confidentially.

Powers of inspectors
If an inspector finds dangerous or adverse conditions at the
workplace, he or she may set requirements to the employer in the
following ways:

Prohibition notice
In the case of threatening danger, an inspector may prohibit a particular
action, process, or the use of a machine or equipment, by means of a
prohibition notice. No person may disregard the contents of such a
notice and compliance must take place with immediate effect.

Contravention notice
If a provision of a regulation is contravened, the inspector may serve a
contravention notice on the workers or the employer. A contravention of
the Act can result in immediate prosecution, but in the case of a
contravention of a regulation, the employer may be given the
opportunity to correct the contravention within a time limit specified in
the notice which is usually 60 days.
Direction notice
Where the health and safety measures which the employer has instituted,
do not satisfactorily protect the health and safety of the workers, the
inspector may require the employer to bring about more effective
measures. A direction notice which prescribes the corrective measures is
then served on the employer.

OTHER POWERS

To enable the inspector to carry out his or her duties, he or she may enter
any workplace or premises where machinery or hazardous substances are
being used and question or serve a summons on people to appear before
him or her. The inspector may request that any documents be submitted
to him or her, investigate and make copies of the documents, and
demand an explanation about any entries in such documents. The
inspector may also inspect any condition or article and take samples of
it, and seize any article that may serve as evidence.

NOTE:

The above mentioned powers of inspectors are not absolute.

Any person who disagrees with any decision taken by an inspector, may
appeal against that decision by writing to the:

Chief Inspector
Occupational Health and Safety
Department of Labour
Private Bag
X117 Pretoria,
0001
GENERAL DUTIES OF EMPLOYERS TOWARDS WORKERS

What must the employer do to ensure that the work environment is safe
and without risk to the health of his or her workers?

The employer must provide and maintain all the equipment that is
necessary to do the work, and all the systems according to which work
must be done, in a condition that will not affect the health and safety of
workers.

Before personal protective equipment may be used, the employer must

first try to remove or reduce any danger to the health and safety of his
workers. Only when this is not practicable, should personal protective
equipment be used. The employer must take measures to protect his or
her workers’ health and safety against hazards that may result from the
production, processing, use, handling, storage or transportation of
articles or substances, in other words, anything that workers may come
into contact with at work.

To ensure that these duties are complied with, the employer must:
• Identify potential hazards which may be present while work is
being done, something is being produced, processed, used, stored
or transported, and any equipment is being used
 • Establish the precautionary measures that are necessary to protect
his or her workers against the identified hazards and provide the
means to implement these precautionary measures
• Provide the necessary information, instructions, training and
supervision while keeping the extent of workers’ competence in
mind. In other words, what they may do and may not do
• Not permit anyone to carry on with any task unless the necessary
precautionary measures have been taken
• Take steps to ensure that every person under his or her control
complies with the requirements of the act
• Enforce the necessary control measures in the interest of health
and safety
• See to it that the work being done and the equipment used, is
under the general supervision of a worker who has been trained to
understand the hazards associated with the work
• Such a worker must ensure that the precautionary measures are
implemented and maintained.
ALL WORKERS HAVE THE RIGHT TO BE INFORMED

The employer must see to it that every worker is informed and clearly
understands the health and safety hazards of any work being done,
anything being produced, processed, used, stored, handled or
transported, and any equipment or machinery being used. The employer
must then provide information about precautionary measures against
these hazards.
The employer must inform health and safety representatives when an
inspector notifies him or her of inspections and investigations, to be
conducted at the premises. The employer must also inform health and
safety representatives of any application for exemption made, or of any
exemption granted to him or her in terms of the Act. Exemption means
being exempted from certain provisions of the Act, regulations, notices
or instructions issued in terms of the Act.

The employer must, as soon as possible, inform the health and safety
representatives of the occurrence of an incident in the workplace. An
incident is an event that occurs at the workplace where a person is killed,
injured or becomes ill. It is also the spillage of a hazardous chemical
substance, for example, when a tank leaks formaldehyde (a chemical
product used in industry) due to a faulty valve, or where machinery runs
out of control, without killing or injuring anyone.

GENERAL DUTIES OF MANUFACTURERS, DESIGNERS,

IMPORTERS, SELLERS OR SUPPLIERS REGARDING THE
USE OF ARTICLES AND SUBSTANCES AT WORK

Articles
Manufacturers, designers, importers, sellers and suppliers must
ensure that:
• Their articles are safe and without risk to health and comply with
all prescribed requirements
 • When a structure or an article is installed on any premises, it must
be done in such a way that neither an unsafe situation nor a health
risk is created.

Substances
Manufacturers, designers, importers, sellers and suppliers of
any substances must ensure that: • such substances are
safe and without risk to health when it is used properly
• information is available on the:
- use of the substance at work
- health and safety risk associated with the substance
- conditions that are necessary to ensure that the substance will
be safe and without risk to health when properly used
- procedures in case of an accident.

If a person to whom an article or substance has been sold or supplied,

undertakes in writing to take specified steps to ensure that the article or
substance will meet all the prescribed requirements, and will be safe and
without risk to health, the duties of the importer, designer, seller,
supplier or manufacturer will subsequently shift to the person who
undertakes to take such steps.
GENERAL DUTIES OF THE WORKER

It is the duty of the worker to:

• take care of his or her own health and safety, as well as that of
other people 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
• cooperate with the employer where the Act imposes a duty or
requirements on the worker
• give information to an inspector from the Department of Labour if
he or she should require it
• carry out any lawful instruction which the employer or authorised
person prescribes with regard to health and safety
• comply with the rules and procedures that the employer gives
him/her
• wear the prescribed safety clothing or use the prescribed safety
equipment where it is required
• report unsafe or unhealthy conditions to the employer or health
and safety representative as soon as possible
• if he or she 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:
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.

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.

Right to comment on legislation and make representations

The worker may comment or make representations on any regulation or
safety standard published in terms of the Occupational Health and Safety
Act.
Right not to be victimised
An employer may not dismiss a worker from his/her 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 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 Labour Court or a Court
of Law on matters regarding health and safety.

Right to appeal
Any employer or employee 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.

HEALTH AND SAFETY REPRESENTATIVES

What are health and safety representatives?

They are full-time workers nominated or elected and designated in
writing by the employer after the employer and workers consulted one
another and reached an agreement about who will be health and safety
representatives. They must at least be familiar with the circumstances
and conditions at that part of the workplace for which they are
designated. Agreement must also be reached on the period of office and
functions of the health and safety representative and must be settled
amongst the employer and the workers.

How many health and safety representatives must be designated?

One health and safety representative must be designated for every
workplace consisting of more than 20 workers. Therefore, where only 19
workers are employed, it is not necessary to designate a representative.
In the case of shops and offices, one representative must be designated
for every 100 workers or part thereof. For example, one representative
must be designated in the case of 21 to 100 workers. But two
representatives must be designated where 101 to 200 workers are
employed, etc.

In the case of other workplaces, one representative must be designated

for every 50 workers or part thereof. For example, one representative
must be designated in the case of 21 to 50 workers. But two
representatives must be designated where 51 to 100 workers are
employed.
Depending on circumstances, an inspector may require the designation
of more representatives, even in the case where the number of workers is
less than 20. For example, the layout of a plant may be of such a nature
that the designation of only one representative for 50 workers is
insufficient. The inspector may then require the designation of more
representatives. However, if the employer and workers so agree, more
than the prescribed number of representatives may be designated.

When must health and safety representatives be designated?

Within four months after the commencement of the OHS Act 1993. In
the case where, for example, seasonal workers are employed on farms,
causing the number of workers to exceed 20, the designation of
representatives is also necessary.
 Head Hardhat

Eyes Safey glasses

Inner ears Earplugs
Nose
Mask
Mouth

Arm Vest

Back Support

Hand Gloves

Leg

Knee Kneepads

Foot Boots

WHEN MUST HEALTH AND SAFETY REPRESENTATIVES

PERFORM THEIR ACTIVITIES?

All activities regarding the designation, function and training of

representatives must be performed during normal working hours. What
may health and safety representatives do?
Health and safety representatives are entitled to do the following:
Health and safety audits
Representatives may check the effectiveness of health and safety
measures by means of health and safety audits.

Identify potential dangers

Representatives may identify potential dangers in the workplace and
report them to the health and safety committee or the employer.

Investigate incidents
Representatives may together with the employer investigate incidents, or
complaints from workers regarding health and safety matters, and report
about it in writing.

Make representations
Representatives may make representations regarding the safety of the
workplace to the employer or the health and safety committee or, where
the representations are unsuccessful, to an inspector.

Inspections
As far as inspections are concerned, representatives may:
- Inspect the workplace after notifying the employer of the inspection
- Participate in discussions with inspectors at the workplace and
accompany in- spectors on inspections
- Inspect documents
- With the consent of his/her employer, be accompanied by a
technical advisor during an inspection.
Attend committee meetings

Representatives must attend health and safety committee meetings.

HEALTH AND SAFETY COMMITTEES

What is the purpose of health and safety committees?

Members meet in order to initiate, promote, maintain and review
measures of ensuring the health and safety of workers.

When must health and safety committees be established?

At least one committee must be established when two or more
representatives are designated.

Of how many members does a health and safety committee

comprise?
The employer determines the number of committee members, based
on the following:
• If only one committee has been established for a workplace, all
the representatives must be members of that committee
• If two or more committees have been established for a workplace,
each representative must be a member of at least one of those
committees.

Therefore, every representative must be a member of a committee. The

employer may also nominate other people to represent him or her on a
committee but such nominees may not be more than the number of
representatives designated on that committee.
If, however, an inspector is of the opinion that the number of committees
in a workplace is inadequate, he or she may determine the establishment
of additional committees.

HOW OFTEN DO HEALTH AND SAFETY REPRESENTATIVES

MEET?

They meet whenever it is necessary, but at least once every three months.
The committee determines the time and place. However, if 10% or more
of the workers put a request for a meeting to the inspector, the inspector
may order that such a meeting be held at a time and place which he or
she determines.

Who determines the procedure at the meeting?

The members of the committee elect the chairperson and determine his
or her period of office, meeting procedures, etc.

May health and safety committees consult experts for advice?

Yes, committees may co-opt people as advisory members for their
knowledge and expertise on health and safety matters. However, an
advisory member does not have the right to vote.

What do health and safety committees do?

The committees only deal with health and safety matters at the
workplace or sections thereof for which such committees have been
established. Generally, health and safety committees have the following
functions:
Make recommendations
A committee must make recommendations to the employer about the
health and safety of workers. Where these recommendations do not lead
to solving the matter, the committee may make recommendations to an
inspector.

Discuss incidents
A committee must discuss any incident that leads to the injury, illness, or
death of any worker and may report about it in writing to the inspector.
Recordkeeping
A committee must keep record of every recommendation to the
employer and every report to an inspector.

Other functions
Committee members must perform any other functions required of them
by regulation.

DEDUCTIONS

An employer may not make any deductions from a worker’s salary with
regard to anything he or she is required to do in the interest of health and
safety in terms of the Act.

Report to the Chief Inspector regarding occupational diseases

If a medical practitioner examines or treats someone for a disease that he

or she suspects arose from that worker’s employment, the medical
practitioner must report the case to the worker’s employer and to the
Chief Inspector.

COOPERATION WITH THE INSPECTOR

Compliance with directions, subpoenas, requests or commands

Employers and workers must comply with the directions, subpoenas,
requests or orders of inspectors. In addition, no one may prevent anyone
else from complying.

Answering questions

The inspector’s questions should be answered, but no-one is obliged to

answer a question by which he or she might incriminate him or herself.
To incriminate oneself means that one is suggesting that one is
responsible for a contravention.

Investigations

When the inspector so requires, he or she must be provided with the

necessary means and be given the assistance he or she may need to hold
an investigation. The inspector may also request that investigations be
attended by individuals who may assist the inspector with the
investigation. No one may insult the inspector or deliberately interrupt
the investigation.
PROSECUTIONS

When the worker does something which in terms of the Occupational

Health and Safety Act is regarded as an offence, the employer is
responsible for that offence, and he or she could be found guilty and
sentenced for it, unless the employer can prove that:
• He or she did not give his or her consent
• He or she took all reasonable steps to prevent it
• The worker did not act within the scope of his or her competence,
in other words, that the worker did something which he or she
knew he or she should not have done.

The foregoing also applies to a mandatory of an employer, for example,

a subcontractor, unless the parties agree beforehand in writing on how
the mandatory will comply with the provisions of the Act.
WHAT IS PERSONAL PROTECTIVE EQUIPMENT (PPE)?

PPE is equipment that will protect the user or wearer against any health
or safety risks at work. PPE includes items like safety helmets, gloves,
eye protection, high-visibility clothing, safety footwear and safety
harnesses, as well as respiratory protective equipment (RPE).

PPE is used in a wide range of jobs and industries, from the obvious,
such as agricultural and building industries to, more surprisingly,
catering and lifeguarding. The type of PPE changes according to the
user’s working conditions and regulations.
WHY IS PPE IMPORTANT?

PPE reduces the risk of injury or harm to users caused by hazards

present in the workplace. To make the workplace safe include the
provision of instructions, procedures, training and supervision to
encourage people to work safely and responsibly.

However, even when these measures have been applied, hazards still
remain in the workplace and PPE is ultimately used to minimize the risk
of injury. Risk in the workplace can include injuries to the lungs (from
breathing in contaminated air), the head and feet, (from falling
materials), the eyes (from flying particles or splashes of corrosive
liquids), the skin (from contact with corrosive materials and the body
(from extremes of heat or cold). There are many other examples of
hazards in the workplace, for example, slipping on a wet floor and
cutting your hands on sharp edges.

TYPES OF PPE

Eye protection Eye protection can protect you from chemical or

metal pieces, dust, gas and vapour and, even, radiation. That said, you
should ensure you select the correct eye protection for your
requirements. You should make sure your choice of eye protection is
suitable for the task in hand and fits correctly. In addition, your eye
protection should have the right combination of impact, dust, splash and
molten metal eye protection.
The following types of eye protection are examples: Safety spectacles,
goggles, face screens, face shields and visors.

Head and neck protection

Head and neck PPE can protect the user from the impact of falling or
flying objects, as well as protecting injury from bumping the head or
hair getting caught in machinery. Head and neck PPE can also protect
the wearer from chemical splashes, as well as climate or temperature.

Types of head and neck protection include industrial safety helmets,

bump caps, hairnets and firefighters’ helmets, as well as scarves to
protect the neck. In addition, some safety helmets incorporate or can be
fitted with specially-designed eye or hearing protection. The Chief
Inspector reminds wearers to replace head protection if it is damaged.

Ear protection

The main hazard to ears is, unsurprisingly, noise and PPE like earplugs,
earmuffs and semi-insert/ canal caps can provide the necessary
protection.

Hand and arm protection

According to the HSE, hands and arms can be at risk of abrasion,
temperature extremes, cuts and punctures, impact, chemicals, electric
shock, radiation, vibration, biological agents and prolonged immersion
in water.
Gloves with a cuff combined with sleeves that covers all, or part of, the
arm can offer effective PPE.

Feet and legs protection

Safety boots and shoes with protective toecaps and are penetration-
resistant, boots as well as other types of safety footwear can offer
effective protection for your feet and legs.

It is important that the appropriate footwear is selected for the risks in

each workplace.

Lung protection
Respiratory protective equipment (RPE) can offer protection for the
lungs. If your work poses risks to your lungs and you would like to find
out more, you can contact an inspector.

Whole body protection

There are a wide range of PPE for your body, like high-visibility
clothing and flame retardant work wear.

FOR MORE ON THE IMPORTANCE OF PPE, CONTACT

INFORMATION THE INSPECTOR:

Scan the QR code below with your phone or vist:

[Link] (website)
Department of Labour
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HEALTH & SAFETY IN THE WORKPLACE

“Safety saves sickness,

suffering, sadness.”
Safety saying, circa early 1900s

Be safe at work