Responsibility for health and safety compliance in South Africa is shared between employers, employees, and appointed representatives, as outlined in the Occupational Health and Safety Act (OHS Act) No. 85 of 1993. Each party has distinct roles to ensure a safe and legally compliant workplace.
1. Employers
Employers bear the primary responsibility for health and safety compliance. Their duties include:
- Providing a Safe Workplace: Ensuring the workplace is free from hazards and risks.
- Implementing Policies: Establishing and enforcing health and safety policies and procedures.
- Conducting Risk Assessments: Identifying and mitigating workplace risks.
- Providing Training: Ensuring employees receive adequate health and safety training, such as first aid and fire safety courses.
- Appointing Safety Representatives: For workplaces with 20 or more employees, appointing trained health and safety representatives.
- Supplying Equipment: Providing necessary personal protective equipment (PPE) and tools.
2. Employees
Employees also play a crucial role in maintaining workplace safety. Their responsibilities include:
- Following Procedures: Adhering to health and safety rules and regulations.
- Using Equipment Safely: Properly utilizing tools, machinery, and PPE provided by the employer.
- Reporting Hazards: Notifying employers or safety representatives about unsafe conditions or incidents.
3. Health and Safety Representatives
In workplaces with 20 or more employees, safety representatives must be appointed. Their duties include:
- Conducting Inspections: Regularly checking the workplace for hazards.
- Reporting Issues: Communicating safety concerns to employers or management.
- Participating in Committees: Contributing to health and safety committees if required.
4. The Department of Employment and Labour
The government ensures compliance by:
- Inspecting Workplaces: Conducting routine inspections and audits.
- Enforcing Penalties: Imposing fines or sanctions on non-compliant employers.
- Providing Guidance: Offering resources and regulations to support workplace safety.
Summary
While employers hold the primary responsibility, employees and safety representatives must collaborate to ensure a culture of safety and compliance. A proactive approach reduces risks, improves workplace well-being, and meets legal obligations.