I have worked in the occupational health and safety (OHS) field for about 32 years. The majority of this time was spent in Gauteng, first as an inspector for several years and then in management.
My time was spent between Johannesburg until 2006 and thereafter in the Pretoria national office of the Department of Employment and Labour in OHS.
REGULATIONS, STANDARDS AND THE LAW
Over the years health and safety in South Africa was dominated by the Regulations that were published from time to time.
Standards were published by the South African Bureau of Standards (SABS) who published what we know as the South African National Standards (SANS). These Standards may be incorporated into the Regulations. However, there appears to be a change with the SABS no longer wanting to pursue the relationship to the same extent that it once did.
In the main, this means that the Department of Employment and Labour will need to ensure that Regulations are published as a Regulation and not as a Standard.
Annually, countries, sovereign entities, those who are signatories to the various Conventions with the ILO (International Labour Organisation) get to celebrate/commemorate workers – those who have died as a result of their workplace activities and those who continue to work at a workplace each day.
The ILO, now just over a 100 years old (circa 1919) continues to provide guidance to signatory countries on various aspects of all labour laws affecting workers. Countries are then expected to use conventions and other instruments to guide them on the development of their own national sovereign laws.
OH&S – COMMON SENSE OR NOT
I have long pondered this question of whether or not we have complicated our lives at the workplace with the addition of occupational health and safety. After all, surely as we grew up we all learnt lessons that there are good things such as riding your bike or riding a car or climbing a mountain and none of us will do anything to unnecessarily endanger our lives. Or will we?
We all learnt from a young age that there are things you could do that are considered “bad”. Things such as: do not touch a hot stove plate. Do not walk in front of moving motor vehicles on a busy road or do not jump from high levels, etc. After all, people are rational human beings and past lessons are sufficient for moving forward in a manner allowing them to use their “common-sense”. Or is the old adage true that says “sense” is not so “common” for everyone.
Some countries have gone as far as prescribing each aspect of what is required to be done in health and safety, while others have put down what is deemed to be the minimum standard. Once again, is all that really necessary? After all, legislation on occupational health and safety is as old as time (Hammurabi and others) and the more formal legislation is now almost 200 years old.
BURDEN OF PAPERWORK
I have watched countless videos over the last couple of years where workers work unsafely or in an unhealthy manner, as I am sure many of you have. In fact, videos and pictures are frequently circulated online by various groups or individuals.
There is sufficient evidence online to show there are a variety of reasons why accidents/incidents take place. I am not trying to oversimplify an issue that is quite serious. However, the complaints from employers, employees, consultants and others is that there is a phenomenal amount of paperwork required to be done in health and safety as required by legislation, and that takes away from the time that could have been spent doing more relevant and critical issues on site, the physical aspect of inspections/audits.
Of course what one cannot dispense with is the burden of health and safety on SMMEs with limited resources, versus the burden on bigger employers with a reasonable access or greater access to resources that may be required to implement and operate a well functioning occupational health and safety system, as required by Section 8 of the OHSA.
PASSING THE BLAME
We all know from various sources (overseas) that statistics show there is a higher chance that new employees (at least first 3-5 years) and older employees (55+) are more likely going to be injured at the workplace.
Now at this juncture, I would like to remind you that after a lifelong experience in the health and safety industry, I am well aware of the myriad of reasons why incidents take place.
It should be noted however that, the real reasons are ‘almost’ never ever always reflected. In fact, as long as the ‘blame’ is at the door of the injured person, all is well.
I would like to emphasise that unless you are going to properly attend to your responsibilities as required by OHSA, don’t bother, a half hearted attempt is as good as no attempt.
Employers who impose OHS on any employee may as well expect nothing to happen that is substantive. The key reason being that such persons do not have the passion for OHS that is required to ensure its success.
OHSA is built on structures and systems that the employer is required to implement and maintain.
The OHSA is now at least 30 years old. Some requirements of some Sections however are not new and did not start in 1993. The OHSA was originally published in 1918 and was built on from there in the non-mining sector. In the mining sector it commenced sooner than 1918.
DUTIES OF THE EMPLOYER
The employer has certain duties that he/she is required to uphold in terms of the OHSA, failure to comply would render any employer guilty and subject such employer and or Chief Executive Officer (CEO) to a fine and or prison sentence with a clear criminal record against such person’s record.
The employer is required to provide and maintain a working environment that is safe and without risk to the health of his employees.
Further to the aforementioned, the employer’s duties include in particular:
a. The provision and maintenance of systems of work, plant and machinery that are safe and without risks to health;
b. Take steps to eliminate or mitigate any hazard or potential hazard, before reverting to PPE (application of hierarchy of controls);
c. Make arrangements for the safety and absence of risks to health in connection with articles or substances;
d. Establish what hazards to the health or safety of persons are attached to any work and further establish what precautionary measures should be taken and provide the necessary means to apply them;
e. Provide such information, instructions, training and supervision to ensure health and safety;
f. Ensure the required precautionary measures prescribed, have been taken;
g. Take all necessary measures to ensure that the requirements of this Act are complied with;
h. Enforce such measures as may be necessary in the interest of health and safety;
i. Ensure work is performed under general supervision of a person trained to understand hazards associated with it and who has the authority to implement required precautionary measures;
j. Cause all employees to be informed regarding the scope of their authority.
How do you as an employer understand and implement the aforementioned. Too often the management of OHS is left to juniors within the company. The employer or any other senior manager at best then feigns an interest in OHS, and in the case of the formal sector, employers (big companies) show a “keen interest” in their ‘Integrated Annual Reports’ in OHS while the reality on the ground is quite different from that recorded.
The health and safety representatives where required and the health and safety committees where required, are probably the most under utilised structures put in place by the OHSA.
There are numerous reasons why these two critical structures fail, not least of which can be pinned to the type and quality of training received. This talks to poor reports, poor audits lack of confidence of colleagues in their OHS representatives and OHS committees. The reliance on adhoc visits by consultants to do audits and accident investigations amongst others does not amount to a sustainable health and safety programme.
CONCLUSION
So you want to succeed at health and safety at your workplace? Reboot and start from the beginning as if it is day one of a new business.
Ensure that all your systems are in place and if you need to do more than the current legislation requires to ensure success, then do so.
Occupational health and safety does not need to be a waste of organisational resources if the occupational health and safety programme is properly structured and implemented as intended by the Occupational Health and Safety Act.
Tibor Szana, Retired Chief Inspector: Occupational Health and Safety