Contents
Foreword vii
PART I: The international perspective on Occupational Health and Safety, and
Occupational Health and Safety Law 1
Study unit 1:
... [Show More] Occupational health and safety: the international perspective 2
1.1 Introduction to occupational health and safety law: the international law
perspective 2
1.1.1 General 2
1.2 The application of ILO standards 3
1.3 Enforcement mechanisms 4
1.3.1 Supervisory mechanisms 4
1.3.2 Technical-assistance mechanism 5
1.3.3 Sanctions 5
1.4 Application of ILO standards in south african law 6
Study unit 2: The contextualisation of Occupational Health and Safety Law 8
2.1 What is occupational health and safety? 8
2.2 Distinguishing between occupational health and occupational safety 9
2.3 What is the cost of an accident or injury in the workplace? 10
2.4 General hazards in the workplace: understanding “danger”, “hazard”
and “risk” 11
Study unit 3: The Occupational Health and Safety Act 14
3.1 Defi nitions in the occupational health and safety act 14
3.2 Objectives of the OHSA 15
3.3 To whom does the OHSA apply? 15
3.4 The common law duties of employers relating to health and safety 16
3.5 Duties prescribed by the OHSA 18
3.5.1 Introduction 18
3.5.2 Duties of employers to their employees (section 8 of the Act) 19
3.5.3 Duties of employees (section 14 of the Act) 24
3.5.4 Duty of self-employed persons (section 9 of the Act) 27
3.5.5 The duties of manufacturers and others regarding articles and substances
for use at work (section 10 of the Act) 27
3.6 Duty of medical practitioner 28
3.7 Prohibitions 28
3.7.1 Sale of certain articles prohibited (section 22 of the Act) 28
3.7.2 Certain deductions prohibited (section 23 of the Act) 28
3.7.3 Victimisation prohibited (section 26 of the Act) 28
3.7.4 Interference with health and safety equipment prohibited
(section 15 of the Act) 29
3.7.5 Disclosure of confi dential information prohibited (section 36 of the Act) 29
3.8 Health and safety representatives 30
3.8.1 Who is eligible to be designated as a health and safety representative?
(section 17(4) of the Act) 30
3.8.2 How many health and safety representatives need to be designated for each
workplace? (section 17(5) & (6) of the Act) 30
3.8.3 When is a health and safety representative expected to carry out any
functions relating to his/her appointment? 31
3.8.4 The functions of health and safety representatives (section 18 of the Act) 31
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3.9 Health and safety committees 32
3.9.1 When are health and safety committees required to be established? 32
3.9.2 Who may be members of the health and safety committee? 32
3.9.3 The functions of a health and safety committee 33
3.10 Inspectors 33
3.10.1 Appointment of inspectors 33
3.10.2 The functions of inspectors 33
3.10.3 The special powers of inspectors 34
3.11 The chief inspector 34
3.12 Investigations 34
3.13 Formal inquiries 35
3.13.1 When does a formal inquiry take place? (section 32 of the Act) 35
3.13.2 Procedural aspects of a formal inquiry 35
3.14 Joint inquiries (section 33 of the Act) 36
3.15 Obstruction of investigation or inquiry or presiding inspector, or failure
to render assistance 36
3.16 Acts or omissions by employees, mandatory or user 37
3.17 The powers of the minister 38
3.17.1 Exemptions 38
3.17.2 Delegation and assignment of functions 38
3.17.3 Regulations 38
3.17.4 Incorporation of health and safety standards in regulations 38
3.17.5 Issuing of general prohibitions 39
3.18 Offences, penalties, and special orders of the court 39
3.19 Proof of certain facts 40
3.20 OHSA not affected by agreements 40
3.21 Jurisdiction of the magistrates’ court 41
3.22 Regulations promulgated under the OHSA (section 44 of the Act) 41
Study unit 4: Capita selecta: sections of, and regulations to, the OHSA 43
4.1 General administrative regulations 43
4.1.1 Introduction 43
4.1.2 Scope of application 44
4.1.3 Access to premises 44
4.1.4 Exemptions from the provisions of the Act or from a notice or direction 44
4.1.5 Copy of the Act and regulations 44
4.1.6 Health and safety committees 45
4.1.7 Reporting of incidents and occupational diseases 45
4.1.8 Recording and investigation of incidents 47
4.2 General safety regulations (GSR) 47
4.2.1 Introduction 47
4.2.2 Displaying of substituted notices and signs 47
4.2.3 Admittance of persons 47
4.2.4 Personal safety equipment and facilities 48
4.2.5 First aid, emergency equipment and procedures 48
4.2.6 Use and storage of fl ammable liquids 49
4.2.7 Work carried out in confi ned spaces 51
4.2.8 Work carried out in elevated positions 52
4.2.9 Basic overview of building-related regulations 52
4.3 Environmental regulation for workplaces (ER) 54
4.3.1 Introduction 54
4.3.2 Housekeeping 54
4.3.3 Overview of lighting schedule 55
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4.3.4 Noise and the hearing of conversations 56
4.3.5 Precautions against fl ooding 56
4.3.6 Fire precautions and means of regress 56
4.4 General machinery regulations (GMR) 57
4.4.1 Introduction 57
4.4.2 Supervision of machinery 57
4.4.3 Safeguarding of machinery 58
4.4.4 Operation of machinery 59
4.5 Driven machinery regulations (DMR) 59
4.5.1 Introduction 59
4.5.2 Circular saws 60
4.5.3 Revolving machinery 61
4.5.4 Goods hoists 61
4.5.5 Lifting machines and lifting tackle 62
PART II: Mine Health and Safety Act 68
Study unit 1: Introduction 68
1.1 Introduction 68
1.1.1 What are the objectives of the Act? 68
1.1.2 What is the ambit of the Act? 69
1.2 Defi nitions 69
Study unit 2: The duties of the employer at a mine 71
2.1 Introduction 71
2.2 The general duties of an employer at a mine being worked 71
2.3 Specifi c duties of the employer at a mine being worked 72
2.4 The duties of an employer at a mine not being worked 72
2.5 Criminal liability of an employer at a mine for non- fulfi lment of its duties 73
2.6 The chief executive offi cer 73
Study unit 3: The duties and rights of employees at mines 74
3.1 Introduction 74
3.2 The duties of the employee 74
3.3 Criminal liability of an employee at a mine for non- fulfi lment of his/her
duties 74
3.4 The rights of the employee 75
3.5 Prohibition against the abuse of an employee’s right 76
Study unit 4: The safety management network 77
4.1 Health and safety representatives 77
4.1.1 Introduction 77
4.1.2 Collective agreements 77
4.1.3 Part-time health and safety representatives 79
4.1.4 Full-time health and safety representatives 80
4.1.5 The rights of health and safety representatives 80
4.1.6 The duties of health and safety representatives 82
4.2 Health and safety committees 82
4.2.1 Collective agreements 82
4.2.2 The number and composition of health and safety committees to be
established where a collective agreement has been concluded 83
4.2.3 The number and composition of health and safety committees to be
established where no collective agreement has been concluded 83
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4.2.4 The rules and procedures governing the health and safety committee 84
4.2.5 The rights of the health and safety committee 84
Study unit 5: The inspectorate 86
5.1 Introduction 86
5.2 The chief inspector of mines 86
5.3 The medical inspector 87
5.4 The inspector 87
5.4.1 The general powers of an inspector 87
5.4.2 The powers of the inspector with regard to dangerous situations 88
5.4.3 Remedial measure available to the person against whom an instruction is
issued 89
5.5 Investigations 90
5.6 Section 63 certifi cates 91
5.7 Report on the investigation 91
5.8 Conversion of an investigation into an inquiry 92
5.9 Inquiries 92
5.10 The powers of the presiding offi cer at an inquiry 92
5.11 Joint inquest and inquiry 94
Study unit 6: Tripartite institutions 95
6.1 The mine health and safety council 95
6.1.1 The Mining Regulation Advisory Committee (MRAC) 96
6.1.2 Mining Occupational Health Advisory Committee (MOHAC) 96
6.1.3 Safety in Mines Research Advisory Committee (SMRAC) 96
6.2 The mining qualifi cations authority (MQA) 97
Study unit 7: Legal proceedings 98
7.1 Jurisdiction 98
7.2 Offences in terms of the act 98
7.3 Penalties for offences 99
PART III: Remedial measures 101
Study unit 1: Remedial measures 102
1.1 Introduction 102
1.2 Compensation for occupational injuries and diseases act (COIDA) 102
1.3 Occupational diseases in mines and works act 103
1.4 Unemployment insurance act [Show Less]