Impact of proposed amendments to Occupational Health and Safety Act

© Igor Sokolov – 123RF.com

Oliphant made it clear that one of their key priority areas going forward will include The Occupational Health and Safety Amendment Bill. "The Occupational Health and Safety Amendment Bill, which is currently being consulted on, with the social partners in Nedlac, will be introduced in parliament during this period. The purpose of the proposed Amendments is to align the Act with other labour legislation and to introduce provisions to regulate triangular relationships," she said.

These proposed amendments, when implemented, will take effect this year and have a serious impact on all employers, employees and trade unions. It is advised that all parties familiarise themselves with the Occupational Health and Safety Amendment Bill, especially section 8.

Re-training of employees

Ken Annandale, the founder and CEO of INTRA-SAFE, a publisher of occupational health and safety training kits, has been briefing organisations on the Occupational Health and Safety Act and its proposed amendment for the past three months. "It is important for organisations to note the emphasis on elements such as the establishment of an integrated health and safety management system based on comprehensive hazard identification and risk assessments (HIRA) leading to the re-training of all employees in order to comply. Human Resource departments will need to take note as they will become increasingly more responsible for this function," explains Annandale.

The proposed amendment to section 8 (d), if implemented, will carry serious consequences for all employers. The existing HIRA requirement states in section 8 (d) [General duties of employers to their employees] "...that every employer shall establish, as far as is reasonably practicable: what hazards to the health and at safety of persons are attached to any work and what precautionary measures should be taken."

The proposed HIRA Amendment to section 8 states that: "Every employer shall
a. conduct a workplace specific risk assessment [HIRA] and thereafter develop and implement a risk management plan in writing, in respect of every risk identified;
b. ensuring that the workplace specific risk assessment is conducted, by a person or persons who are competent to pronounce on all the risks associated with that workplace;
c. ensure that the workplace specific risk management plan is in place and is available at the workplace when requested by an inspector;
d. ensure that no work is undertaken unless the control measures contained in the risk management plan are complied with;
e. provide information, instructions, training and supervision as may be necessary to ensure, as far as is reasonably practicable, the health and safety at work of employees."

If implemented, it will be imperative that all employers comply with section 8. If not complied with, one could face serious consequences such as hefty fines up to R5m (per offence) or jail time up to five years. "It is imperative to take note of these numerous detailed proposed amendments and budget accordingly," advises Annandale.