OHSA(Occupational Health and Safety Act)3 (Risks vs. Potentialities: •…
OHSA(Occupational Health and Safety
Section 16 (1)
• The CEO is automatically “appointed”
• They must ensure that the employer complies with all the applicable requirements of the Act.
• Section 8 (1) (2) (a-j) is of specific relevance here.
Sec. 16(1) to Sec.16(2)
• CEO is accountable for duties of the employer under
•He may assign any duty to another person under
his control in terms of Sec.16 (2)
• The Act is clear on the issue that the CEO must
direct and control the assignee. Therefore he can
assign duties, but not ACCOUNTABILITY!!
Pg 39 -40
Health and Safety Deviations -
Sections 18 & 20
• The HOD/Director must take note and if necessary
comment and or take preventative steps regarding any deviations mentioned in the Health and Safety
Representative Inspection Book, pertaining to Health and Safety matters in the work environment.
•He /she must also sign the inspection report to
certify that notification took place!
Safety Documentation a
• It is time consuming!!
• It tends to slowdown the work activities
• Very often in small projects there is a perception that it is totally unnecessary.
If not in place, or the contents are ignored, it can be disastrous or at the least cause a very unpleasant situation for those involved should
something goes wrong.
Risks vs. Potentialities: • The Space Shuttle Programme:
• In terms of NASA’s safety policy all Shuttle
projects/programmes must have a safety reliability factor of 99,9%, and an unlimited budget!!!
• There were 3000 quality assurance specialists and 15,000
contractors and sub-contractors.
• The Challenger Shuttle had 5,600,000 parts, plus 1½ million systems, susbsystems and assemblies.
• Therefor it was expected that the potential exists that 5,600
parts could malfunction.
UP Projects vs Shuttle Project
• UP safety policy requires a 90% safety reliability and legal compliance programme. ( Realistically it functions at an average of approximately
85%). With a limited budget!
• Registered Contractors & consultants on site:
• Budgeted projects in progress:
• Job requests for maintenance:
• Therefore it can be expected that the potential exists that 30 120 jobs and projects can have a malfunction in a safety reliability and legal compliance aspect during this time.
• Vicarious liability in terms of the Common Law, means
that the employer can be held liable for acts or omissions of employees
The OHS-Act states that that employers can be held liable
a) The misconduct was without connivance or permission.
b) The misconduct was not within the person’s scope of
c) All reasonable steps were taken by the employer.
Section 37 (2)
• The OHS-Act states that employers could be held jointly
liable for acts or omissions done by mandataries, unless:
There is a written agreement (contract) between the
employer and mandatory
Only within reasonableness– don’t hide behind the
Manage the contractors you make use of
NB: Remember– employers are responsible to ensure that ALL
persons on his or her premises comply with the Act.
Regulation 7: Principal contractor and
• All contractors shall ensure that a safety file is opened and kept on site and available for inspection.
Principal contractor to hand over to the client a consolidated safety file on completion of the work
# To include
record of all drawings,
other similar information.
Tongaat incident (building collapse)