FEATURES - HEALTH AND SAFETY
As a worker , it is vitally important that you know your rights .
There are , however , certain things that you , the worker , needs to do and take note of . To ensure your health and safety , and that of your co-workers , you must :
• Follow any safety directions and work instructions from your employer or supervisor .
• Work with your employer and anyone else – such as your co-workers – who can help to keep your workplace safe .
• Use all necessary personal protective equipment ( PPE ) and clothing in the correct way .
• Report any hazards , accidents or near misses immediately for your employer or supervisor to investigate .
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 , which 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 .
THE MORE YOU KNOW
In South Africa , the Occupational Health and Safety Act is administered by the Chief Directorate of 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 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 .
If an inspector finds dangerous conditions at the workplace , they 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 .
• Improvement 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 . An improvement notice which prescribes the corrective measures is then served on the employer .
Source : Department of Labour
KNOW YOUR RIGHTS
As a worker , it is vitally important that you know your rights . Some employers may try to take advantage of workers , in order to get the most bang for their buck . Other times , the employer simply doesn ’ t know any better and it ’ s up to the worker to make sure everything is done as it should be .
Workers ’ rights include :
• 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 , and the procedures that must be followed if a worker is exposed to substances hazardous to health .
• The right to participate in inspections If the worker is a health and safety representative , they 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 :
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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 , ( such as a prohibition or contravention notice ). »»
The worker did something which in terms of the act should not have been done . »»
The worker did 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 .
// FEB / MARCH 2017 53