Basic Guide to Health and Safety Duties of Workers
People are undoubtedly one of the most valuable assets in any organisation. As human beings, everyone has the right to a safe and healthy working environment. To address this critical matter, the South African government introduced the Occupational Health and Safety Act (OHS Act), Act 85 of 1993. This legislation proactively aims to provide and maintain a workplace environment that is safe and healthy for all employees. Preventing unnecessary injuries, illnesses, and losses makes not only legal sense but also good business sense.
Under the OHS Act, employers must take reasonably practical measures to ensure a safe and healthy work environment, free from risks to employees.
Based on Section 8 of the Occupational Health and Safety Act Legislation.
Responsibilities of Employees
While the OHS Act places significant responsibility on employers, employees also have legal duties to comply with health and safety regulations. Below is a closer look at the fundamental health and safety responsibilities for employees:
Taking Reasonable Care: Every employee is obligated to take reasonable care for their own health and safety, as well as that of co-workers, contractors, visitors, and even the public. Employees must avoid unsafe actions that could endanger themselves or others.
Cooperating with Employers: Employees must cooperate with their employer to meet the requirements of the OHS Act and comply with the employer’s health and safety rules, policies, and procedures. In many cases, these rules may be more specific to the employer’s working conditions than the general provisions in the OHS Act.
Reporting Unsafe Situations: Employees must report any unsafe or unhealthy situations to their employer or the workplace health and safety representative as soon as reasonably practicable, and before their work shift ends.
Based on Section 14 of the Occupational Health and Safety Act Legislation.
Rights of Employees
The Right to Be Informed: Employers must ensure employees are aware of the health and safety hazards related to their tasks, machinery, materials, and work processes. Additionally, employers must provide information on precautionary measures to mitigate these hazards.
Based on Section 13 of the Occupational Health and Safety Act Legislation.
The Right to Training: Employers are legally obligated to provide employees with the necessary training, information, and instructions to help them perform their duties safely and effectively.
Based on Section 8 of the Occupational Health and Safety Act Legislation.
The Right to Protection from Victimisation: Employers are prohibited from victimising employees for reporting unsafe conditions, following lawful notices, or providing information to inspectors or in court proceedings related to the OHS Act.
Based on Section 26 of the Occupational Health and Safety Act Legislation.
Prohibited Actions by Employees
Employees must not intentionally or recklessly damage, misuse, or interfere with safety equipment, firefighting tools, personal protective gear, or any other items provided to ensure workplace safety.
Based on Section 15 of the Occupational Health and Safety Act Legislation.
Consequences of Non-Compliance
An employee who contravenes any section of the OHS Act may face legal action. This can include fines of up to R50,000, imprisonment of up to 12 months, or both.
Based on Section 42 of the Occupational Health and Safety Act Legislation.
Promoting a Positive Safety Culture
Health and safety are collective responsibilities that involve everyone in the workplace, from management to general workers. Participation, communication, and trust between all parties are essential for creating a positive and proactive safety culture.
Employers and employees can work together to build a safe and healthy workplace for the benefit of all.
Disclaimer
While we strive to provide accurate and up-to-date information, this guide is intended for general informational purposes only and does not constitute legal advice.
Let us work together towards building a safe and compliant workplace!