Understand the Occupational Health and Safety Act 85 of 1993 with EMCARE's Health and Safety Course (OHS9)

The Occupational Health and Safety Act 85 of 1993 is a law that intends to prescribe the conditions that all employers and managing staff must enforce in order to protect the well-being of workers and employees. This Act is meant to offer the resources necessary to prevent hazards in the workplace by giving health and safety officers relevant education about safety regulations and controls. If you are an employer or a manager, then it will be incredibly beneficial, if not compulsory, to understand this Act before you can properly enforce the measures necessary to keep yourself and others safe. If you're concerned about your ability to comprehend the legal jargon and implications of this Act, then read this article to see how EMCARE's informative health and safety course will help you.

EMCARE'S Occupational Health and Safety Act Course (OHS9)

For those of you who work in hazardous environments such as industrial plants, construction sites or emergency rooms, it is necessary to understand the legal implications involved in managing health and safety risks. The OHS Act Course (OHS9) aims to provide students with a detailed, theoretical understanding of the Occupational Health and Safety Act 85 of 1993. Students of EMCARE's health and safety course will learn how to implement the relevant sections of the Act in their own workplaces, and particular focus will be placed on the practical application of health and safety legislation.

Students of this health and safety course will learn more about the political policy surrounding safety measures. They will partake in a structural analysis of the legal system, learning about the Constitution, legislative history and the Department of Labour. They will also be guided through the complex legal terminology within the Act. In this health and safety course, students will break down the policy statements and the mandatory section 37.2 agreements between clients and contractors, and they will also engage with case-studies from incident and accident investigations.

By methodologically and analytically approaching health and safety from a legal point of view, students of EMCARE's health and safety course will be better equipped to make informed decisions in the workplace that benefit the common good. The course is both efficient and educational, requiring only 1 day of your time. Thereafter, students will receive a certificate of competency in health and safety valid for 2 years. Certifications from health and safety courses are an excellent addition to any curriculum vitae, as they show others that you take safety measures seriously and that you are capable of handling safety risks and accidents.

Examples of Skills Learnt from EMCARE's Health and Safety Course OHS9

• Report Incidents
  
  Employers have a duty to contact the Department of Labour in the event of a high-risk accident or an employee's injury. The Department will then determine whether the risk had been properly mitigated, or if legal action should be pursued. Students of EMCARE's Health and Safety course will be taught how to communicate with the Department of Labour. Similarly, students of the health and safety course will learn how to fill out a Department of Labour annexure form for accidents and diseases.
  
  
• Inform Employees
  
  All employees are subject to risk, but what makes an environment safe is the employer's capacity to mitigate this risk. Employers can mitigate risk by enforcing standard safety procedures such as the use of personal protective equipment and the proper use of machinery. Employers can also do their best to educate all employees properly on potential hazards. Education is a vital part of risk management since lack of information can often lead to accidents and injuries - employers can keep staff informed by making use of newsletters, workshops, notice boards and conferences.
  
  
• Write A Health and Safety Policy Statement
  
  Inspectors often encourage employers and managers to create a clear explanation of the organisation's safety procedures for all employees to consider. Policy statements need to include clear guidelines pertaining to safety etiquette. These reports need to describe the nature of the work being done, and the manner in which supervisors are enforcing safety processes. Students will learn how to write these policy statements in this health and safety course.

The Background of the Occupational Health and Safety Act 85 of 1993

This Act was gazetted by the government as a means to regulate health and safety standards in workplaces of all kinds. To avoid work-related injuries, illnesses and other harmful occupational consequences, the Act prescribes a series of proactive measures that management and safety officers can take to minimise dangers in hazardous environments. The Act has 50 sections and 22 regulations - each section contains its own rules and regulations for compliance.

The Act is enforced by the Department of Labour, which will enforce legal measures should they determine that your business or workplace is not functioning in accordance with the Act. At any point in time, officials from the Department of Labour are warranted to inspect your place of work. Without having to give prior notice, these Labour officials can inspect your procedural structures, request official documentation, take samples of your products, seize your articles, question your staff or summon your labourers for further statements and testimonials.

The Purpose of the Act

Employers are obligated to carry out legitimate risk assessments for their workplaces, and then take reasonable steps towards the mitigation of danger. The Act is meant to offer clear steps that can inform employees of their right to safety and employers of their duty to protect labourers. It cites clear descriptions of the instruction, training, supervision and personal protective equipment needed on the premises in order to avoid work-related injuries. Page 1 of the Act states the following:

• "To provide for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery
• The protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work
• To establish an advisory council for occupational health and safety
• To provide for matters connected therewith."

Consequences of Non-Compliance with the Occupational Health and Safety Act 85 of 1993.

If your management and staff members are uninformed about the Act, then it is possible that your business could face serious consequences. Past the legal implications, non-compliance can also result in the tragic loss of life, loss of income, injuries and disabilities for your staff members. This is why it is so important to ensure that you and your employees are educated on the Occupational Health and Safety Act. All employers have a legal duty to ensure that create an environment that is risk-free and safe.

Non-compliance measures taken by the Department of Labour are incredibly serious. If officials find that, upon inspection, your workspace breaches the finer details of the Act then you will be in danger of facing penalties. These penalties could include imprisonment and the resultant establishment of a criminal record. According to Section 332 of the Criminal Procedure Act 51 of 1977, the chief executive officers, directors, managers and supervisors could also be prosecuted individually and jointly with the Company.

Understand the 50 Sections of the Occupational Health and Safety Act 85 of 1993
with EMCARE's Health and Safety Course

With EMCARE's health and safety course, you can learn about the relevant sections of the Act that will help you to maintain safety controls and avoid non-compliance penalties. Although the Act may seem lengthy and complex, the OHS9 course aims to provide you with succinct explanations of the most important facets of the legislation. Below is a list of the sections found within the Act:

• Section 1: Definitions, classification and exclusions
• Section 2: Establishment of Advisory Council for Occupational Health and Safety
• Section 3: Functions of Council
• Section 4: Constitution of Council
• Section 5: Period of office and remuneration of members of Council
• Section 6: Establishment of technical committees of Council
• Section 7: Health and safety policy
• Section 8: General duties of employers to their employees
• Section 9: General duties of employers and self-employed persons to persons other than their employee
• Section 10: General duties of manufacturers and others regarding articles and substances for use at work
• Section 11: Listed work
• Section 12: General duties of employers regarding listed work
• Section 13: Duty to inform
• Section 14: General duties of employees at work
• Section 15: Duty not to interfere with, damage, or misuse things
• Section 16: Chief executive officer charged with certain duties
• Section 17: Health and safety representatives
• Section 18: Functions of health and safety representatives
• Section 19: Health and safety committees
• Section 20: Functions of health and safety committees
  

• Section 21: General prohibitions
• Section 22: Sale of certain articles prohibited
• Section 23: Certain deductions prohibited
• Section 24: Report to inspector regarding certain incidents
• Section 25: Report to chief inspector regarding occupational disease
• Section 26: Victimization forbidden
• Section 27: Designation and functions of the chief inspector
• Section 28: Designation of inspectors by Minister
• Section 29: Functions of inspectors
• Section 30: Special powers of inspectors
• Section 31: Investigations
• Section 32: Formal inquiries
• Section 35: Appeal against decision of the inspector
• Section 36: Disclosure of information
• Section 37: Acts or omissions by employees or mandataries
• Section 38: Offences, penalties and special orders of the court
• Section 39: Proof of certain facts
• Section 40: Exemptions
• Section 41: This Act not affected by agreements
• Section 42: Delegation and assignment of functions
• Section 43: Regulations
• Section 44: Incorporation of health and safety standards in regulations
• Section 45: Serving of notices
• Section 46: Jurisdiction of magistrates' courts
• Section 47: State bound
• Section 48: Conflict of provisions
• Section 49: Repeal of laws
• Section 50: Short title and commencement
  

Simplify Complex Legal Jargon with EMCARE's Health and Safety Course OHS9

The Act contains substantial provisions for any and all scenarios involving risk mitigation. However, the legal jargon within the Act can be intimidating for many - rather than having to make sense of this jargon on your own, you can pursue professional advice and guidance from the trained course convenors in EMCARE's health and safety course. EMCARE staff members will make sure that you understand important definitions and legal phrases such as the examples listed below:

• "Properly used" - Although this phrase seems clear enough, there are linguistic and legal nuances to its explanation. In the context of Health and Safety legislation, an item is properly used when it is used with reasonable care and consideration of its intended functions. An object is properly used when its operator has given due regard to any information, instruction or advice supplied by the manufacturer, designer or supplier.
• "Reasonably practicable" - This principle considers how feasible it is to fulfil a task without inciting additional risk or danger. It takes account of the scope of the hazard and risk involved. It also considers the available knowledge about the deriving risks of the practice.
• "The cost of removing or mitigating that hazard or risk in relation to the benefits deriving therefrom" - This phrase infers that the employers need to take reasonable measures to protect labourers. However, it also calls into consideration the actual cost of enforcing health and safety measures in comparison with the value gained or lost by a particular safety precaution. It brings you to ask yourself how risk can be minimised without incurring excessive expenses.

Protect yourself and your business from non-compliance penalties and fatalities. Educate yourself on the Occupational Health and Safety Act 85 of 1993 with EMCARE's health and safety course. Call today to book your session.