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WORKSHOP TWO AGENDA 13h00 -15H30
‘The Draft National Occupational
Health & Safety Draft Bill,
Sneak Preview : ‘The Future’.
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1.
The objectives of the Bill (Act).
The objective of
this Act is to prevent death, illness or injury being caused to persons in
workplaces, working activities and the use of plant or machinery.
In order to
achieve this objective, the Act –
requires employers and other persons who
conduct businesses or undertakings to identify, assess and prevent or
minimise risks to health and safety;
requires workers and self-employed
persons to work in a healthy and safe manner;
enables employees to participate in
health and safety matters in the workplace through health and safety
representatives and health and safety committees;
establishes a National Health and Safety
Authority to promote, monitor and enforce compliance with this Act;
provides for inspectors to be appointed
to inspect workplaces and to conduct investigations and inquiries to improve
health and safety;
promotes a culture of health and safety;
promotes training in health and safety;
promotes research on health and safety;
encourages co-operation and consultation
on health and safety between the State, the Authority, employers, employees
and their respective representatives;
gives effect to the Republic’s
obligations in terms of public international law in respect of health and
safety.
2. Appointments (CEO / Board Member /
Supervisors)
An interesting mix of
the OHS & MHS Acts. A similar provision to section 16(2) of the OHS Act is
retained but other appointments lean towards the MHS Act. A less 'contrived'
appointment for (general - not construction) supervisors.
More prescriptive
than both the OHS & MHS Acts regarding the duties of the CEO.
Public companies to
appoint a Health & Safety Director.
3. Duties of employers
/ persons conducting a business/ undertaking / share a workplace / control
workplaces & machinery / Labour Brokers
Every employer must adopt and implement a health and safety
management system.
Every employer must identify the hazards to health and safety
and prevent or minimise risks.
Employer to provide health and safety training.
Every employer must ensure adequate supply of health and
safety equipment.
Every employer may / must appoint certain persons.
Every employer must investigate accidents and other
occurrences.
Every employer must record hazardous work.
Are these duties
really different to current OHS legislation? Duties spread over various
sections along the lines of the MHS Act. Basically all duties implied in
section 8 of the OHS Act.
Element of 'control'
emphasised. Owners and Lessors included.
The position of the
Labour Broker clarified.
Potential clash with
OHS Act definition of a User. Lessors of machinery also have duties.
4. Duties of
persons who design, manufacture, repair, import or supply articles for
use at workplaces
/ workplace constructors
Similar to OHS Act
section 10 & MHS Act section 21.
5. Duties of
employees / workers
More-or-less the same
as OHS Act
section 14 and MHS Act
section 22.
The explicit right to
leave a dangerous workplace incorporated along the lines of MHS Act
section 23.
6. Health & Safety
Management System / Full time H & S Reps
Slightly different
formula used to calculate H & S representatives.
More in line with the
provisions of the MHS Act regarding the health & safety management system.
More rights afforded to health & safety representatives.
7.
Documented Risk Assessments / Health & Safety Plans
Significant risks
must be documented in line with section of the MHS Act and made available to
perusal by employees.
Health & Safety Plans
may be required of employers.
8.
Mandataries (contractors) / OHS Contracts
The mines will have
to adapt to the provisions pertaining to mandataries (contractors) which is
along the lines of the current OHS Act with the Written Agreement (OHS
contract) being elevated in status.
Subscribers can
access an article on this by
clicking here. All Subscriber articles will
form part of the workshop (CD) package.
9.
Legally Privileged Internal Investigations
The record of an
internal investigation cannot be used in a criminal proceeding without the
employer's consent.
What is a criminal
proceeding?
The rationale behind
this provision .
Click here for OHS Practitioner article on
this topic.
10. The National Occupational Health & Safety Authority (NOH&SA)
The new combined
inspectorate. (Mine Health & Safety Inspectorate and DoL's Enforcement &
Inspection Service).
Powers of the
inspectors. (See administrative penalties below).
Similar to the powers
of inspectors i.t.o. the MHS Act.
The rights of
employers regarding decisions by inspectors.
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NOH&S Authority Investigations / Inquiries
Click here for OHS Practitioner newsletter.
Employers entitled to
inspector's report.
Display of findings.
More trade union
involvement and rights.
Deprivation of right
to remain silent.
12. New Crimes / Defences (Corporate Homicide / Negligent Occupational
Injury)
New crime of
Corporate Homicide.
Negligent Occupation
Injury. Not really new (Section 38(2) of the OHS Act & section 86 of the MHS
Act).
Click here for more.
Culpable Homicide.
Defences.
13. Levies, Administrative Fines & Criminal
Penalties
Penalties rocket.
Administrative fines along the lines of the MHS Act.
Implications of paying fines outside the courts. |
