OHASA Requirements

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matewis
Posts: 2
Joined: 23 Sep 2014, 13:03

OHASA Requirements

Unread post by matewis » 23 Sep 2014, 13:13

Hi

please assist me - we have 200 employees in South Africa and 65 stores in the country - do we appoint only 1 safety rep per 50 or do we need to appoint one per store and these reps must do the first aid and fire fighting training course am I correct in saying that

regards

tinus
Posts: 1728
Joined: 16 Apr 2009, 11:06

Re: OHASA Requirements

Unread post by tinus » 25 Sep 2014, 09:26

Hi there

a) Health and safety representatives

When and how to appoint representatives

Employers who employ 20 or more workers must appoint health and safety representatives. These representatives need to be designated as health and safety representatives in writing, for a specified period of time.

Based on Legislation in section 17 of the Occupational Health and Safety Act

How many to appoint

Shops and offices must have at least 1 representative for every 100 workers or part thereof.
All other workplaces must have at least 1 representative for every 50 workers or part thereof. However, an inspector may order an employer to appoint more.

Based on Legislation in section 17, of the Occupational Health and Safety Act

Note: You health and safety rep appointments would thus be correct.

b) First aiders

The appointment of first aiders:

Where more than 10 employees are employed at a workplace, the employer needs to appoint a first aider. This is a compulsory legal appointment and the first aider should be readily available during normal working hours.

Ratio for first aiders:

Shops and offices - one first aider for every 100 employees.
Other workplaces - one first aider for every 50 employees.

Note: You health and safety rep can also be the first aider (have more than one responsibility) but it not a legal requirement. Reps and first aiders are normally two different persons.

c) Fire fighters

Ratio for fire fighters/ evacuation officers:

There is no specific ratio prescribed towards fire fighters/ evacuation officers – you risk assessment determine your precautionary measures.

Section 8 of the Occupational Health and Safety Act (OHS Act) stipulates that the employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of his employees. By law, employers must identify, evaluate, remove or mitigate work related hazards and risks. It includes planning and preparation for the inevitable like fire and evacuation.

This should be reflected in your companies’ emergency plan needs to be site specific. A site emergency plan describes, in detail, an organisation’s policy and procedures for coping with an emergency situation on site.

These policies and procedures should define how the organization will protect people and property. Developing the plan is the process of assigning emergency related tasks to individuals in the organisation, and outlining protective actions to be taken.

Section 13 of the OHS Act stipulates that employees must be informed of work related hazards (including fire) as well as the precautionary measures taken to protect them.

Note: Important - your fire fighter and first aide should be two different persons. A conflict of interest may occur in case of an emergency - will I treat the injured persons as first aider or will I act as a fire fighter?

Greetings
Tinus Boshoff
Health and Safety Expert
SA Labour Guide Forum Team

Dr. Maritz
Posts: 42
Joined: 15 May 2013, 12:16
Location: Cape Town

Re: OHASA Requirements

Unread post by Dr. Maritz » 30 Sep 2014, 01:02

Sorry for chirping so late, but I do believe the operative wording in section 17 is more than 20 at any workplace...
This means that any store with more than 20 employees must have a safety rep. On average in the case above there are 3 employees per store.
It is thus not required.

Besides, how would you comply with section 19 and 20? Fly them all once a quarter from all parts of the country to attend a safety meeting?

It was the intention of the law at the time, (1994) to ensure employees are represented at management level when H&S decisions are being made.
Today the LRA takes much of that "representation" function away from the reps via the unions and workplace forums.

One should always remember that the duty to provide a safe store, lies with the employer - not the H&S reps. If the employer wants to appoint one person per store to take care of safety, it would be a wise decision regardless of the Section 17 requirements that may not apply. There is always the matter of "public" safety too.

Regards
Rudy D Maritz
Executive Partner
M.Sc Env Eng(UK), BCom.Law, NHDip EnvHealth, Pr.CC(SA)
Cygma Consulting
083 762 8388

tinus
Posts: 1728
Joined: 16 Apr 2009, 11:06

Re: OHASA Requirements

Unread post by tinus » 30 Sep 2014, 07:15

Fully agree with you.

Thanks Rudy
Tinus Boshoff
Health and Safety Expert
SA Labour Guide Forum Team

DylanM
Posts: 1
Joined: 24 Oct 2017, 18:08

Re: OHASA Requirements

Unread post by DylanM » 24 Oct 2017, 18:18

Hi Tinus.

In relation to the requirement of having a trained fire fighter/evacuation officer, it was submitted by you in a previous thread that one must refer to s8 and 13 of the OHSA.

This prescribes mainly that an employer must provide a safe and non hazardous working environment through the implementation of exit points; escape doors that open outwards etc. and that employees must be informed of work related hazard and the precautions therein.

After perusing the OHSA and the local by-laws (NMBM), there is indication of having to formally train a fire fighter within one's ranks of employees? Is this correct as there seems to be many who suggest that a trained fire fighter is necessary within the workplace.

One does not want to have to spend unnecessary money on formal training if it can be avoided!

I await your reply, thank you.

tinus
Posts: 1728
Joined: 16 Apr 2009, 11:06

Re: OHASA Requirements

Unread post by tinus » 29 Oct 2017, 20:33

Hi

Section 8 2(e) providing such information, instructions, training and supervision as may be necessary to ensure, as far as is reasonably practicable , the health and safety at work of his employees;

This would include basic fire fighting as well as evacuation training.

Greetings
Tinus Boshoff
Health and Safety Expert
SA Labour Guide Forum Team

Gentleman
Posts: 4
Joined: 06 Nov 2017, 16:45

Re: OHASA Requirements

Unread post by Gentleman » 07 Nov 2017, 16:45

Good day.
Kindly advise between Sans 10142-1 and Osh Act, which one takes precedence.

Second: I have a Welding Kiosk which has got two compartment one is for the main incomer and the other has different CB catered with E/L each supplying socket outlets, now my question is, will I be wrong if I lock the main incomer n leave the other open, this is on a construction environment where incompetent people are working?

tinus
Posts: 1728
Joined: 16 Apr 2009, 11:06

Re: OHASA Requirements

Unread post by tinus » 09 Nov 2017, 21:34

You would need to comply with both the OHS Act as well as Sans 10142-1.

Unfortunately not an expert on the second issue.

Greetings
Tinus Boshoff
Health and Safety Expert
SA Labour Guide Forum Team

Patdaku
Posts: 2
Joined: 16 Nov 2017, 13:57

Re: OHASA Requirements

Unread post by Patdaku » 31 Jan 2018, 09:29

Good day

where do I find -in writing- legislation or regulation- that stipulates the validity of first aid and fire fighting training.

Patdaku
Posts: 2
Joined: 16 Nov 2017, 13:57

Re: OHASA Requirements

Unread post by Patdaku » 31 Jan 2018, 09:30

Good day

where do I find -in writing- legislation or regulation- that stipulates the validity of first aid and fire fighting training?

tinus
Posts: 1728
Joined: 16 Apr 2009, 11:06

Re: OHASA Requirements

Unread post by tinus » 01 Feb 2018, 13:51

GSR refers to first aid and there was a reasent notice as well regarding the registration of first aid providers.

Update: Occupational Health and Safety Act and Regulations (85/1993)

Occupational Health and Safety Act: Regulations: General safety: Applications to provide first aid training must be accompanied by valid accreditation certificate

The Chief Inspector of the Occupational Health and Safety Act, has published a notice of direction to all applications for approval from a person or organisation who wants to provide First Aid training approved by the Chief Inspector, with a valid accreditation certificate issued by the Quality Council for Trades and Occupations (QCTO).

The providers that is already registered with the Department of Labour, will after the promulgation of this notice, be granted 12 months to be accredited with Quality Assurance Bodies.

All service providers who fail to register within the given period will be automatically be de-registered from the Department of Labour database and will no longer be recognized as legitimate service providers.

This notice is an amendment to the previous notice issued on the 30 September 2016.

Notice: R.827 of 2017

Fire fighting training is not addresed by legislation (OHSA).

Greetings
Tinus Boshoff
Health and Safety Expert
SA Labour Guide Forum Team

Dhilnaaz
Posts: 1
Joined: 15 Mar 2018, 14:58

Re: OHASA Requirements

Unread post by Dhilnaaz » 15 Mar 2018, 15:18

Good Day Tinus

Can OHS be implemented if one has the skills, Knowledge and training. Or must OHS be implemented by a licence OHS Company? Regards

tinus
Posts: 1728
Joined: 16 Apr 2009, 11:06

Re: OHASA Requirements

Unread post by tinus » 17 Mar 2018, 10:29

May I susggest that you register as an profesional with one of the bodies like IoSM.

You are welcome to e-mail me in order to forward the requirements to you: safety@labourguide.co.za
Tinus Boshoff
Health and Safety Expert
SA Labour Guide Forum Team

JMayer
Posts: 1
Joined: 12 Apr 2018, 07:52

Re: OHASA Requirements

Unread post by JMayer » 12 Apr 2018, 08:02

Good Day Sir

Hope this reaches you well

I Have a question as i am not familiar with safety for residential, its something new i am in

They are residential buildings that cater for anywhere between 100-500 people.

1. How many first aiders do we require, do i follow the ratio of 1:50 or 1:100 ?
2. Fire Fighters i have covered properly as i have taken +- 10 per building
3. In terms of the evacuation and emergency planning and as far i am aware there is no set law for how many there should be. what should i do as the client doesn't want to train the fire fighters on emergency planning and evacuations as they have a high turn around of staff.

please assist
Thanks
J

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