The Occupational Health and Safety Act 85/1993 sole purpose is to regulate the provision of health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery; the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work; to establish an advisory council for occupational health and safety; and to provide for matters connected therewith.
This Act lead to certain training being branded as “mandatory” or “compulsory” for workplaces to be in line with the Department of Labour requirements. Inspectors from the department have wide powers to search the workplace, question people, ask for explanations from an employer and so on. If a worker, or any bystander for that matter, is hurt as a result of the employer not following a safety regulation, then the employer can be fined up to R100 000 and/or two years in prison.
The Act throughout requires that all work done must be done by “competent” people. This term is widely used in occupational health and safety legislation and standards, but is often misunderstood.
Definitions of “competent person” include:
- “…any person having the knowledge, training, experience and qualifications specific to the work or task being performed.”
- “…one who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.”
- “A person who has acquired through training, qualification or experience, or a combination of these, the knowledge and skills enabling that person to perform the task required.”
- “A person, suitably trained and qualified by knowledge and practical experience, and provided with the necessary instructions, to enable the required task(s) to be carried out correctly.”
In this mail I would like to offer you insight into the following three categories of “mandatory” training and what it could do for your business, big or small.
OHS Act Training
Please, do feel free to contact us with any question in relation to this subject….
Jesua Consultants (Pty) Ltd
+27 (0)44 695 0003