Occupational health and safety compliance for businesses in Rosebank and Killarney

Occupational health and safety compliance, more commonly known as OHS compliance, involves the level of compliance that Rosebank and Killarney businesses have with regards to the required legal standards indicated in the Occupational Health and Safety Act, 85 of 1993.

These standards aim to safeguard and protect employees in all workplaces across South Africa from any hazards, risks, incidents or fatalities, as well as the possibility thereof. The standards also cover how machinery and equipment should be used correctly and safely to prevent injury.

The Act also covers co-workers, family members, employers, customers and any other person who may be affected by the work environment provided by the employer. Non-compliance with the OHSA is punishable by law.

It may even result in productivity losses, court lawsuit cases and the loss of lives. Employers, therefore, have a legal obligation towards their employees in ensuring a healthy and safe working environment.

Origin and history of OHS compliance

Otto von Bismarck inaugurated the first social insurance legislation in 1884, known then as the worker’s compensation law, which was the first of its kind in the Western world. Similar Acts followed in other countries soon after, serving as a response to labour unrest.

The Occupational Health and Safety Act was modelled according to the British Factory Act. It was considered imperative as it highlighted the prohibitions on work activities of both children and women, suggesting that work hour restrictions for all employees be implemented.

The Occupational Health and Safety Act is South Africa’s statutory law administered by the Department of Labour. It is amended by the Occupational Health and Safety Amendment Act, No 181 of 1993, and the Labour Relations Act, No. 66 of 1995. Numerous regulations under the Act are in force, with June 1993 marking the president signing the English version of the Act.

The Occupational Health and Safety Act supersedes the following Acts:

• The Machinery and Occupational Safety Act, 1983.
• The Machinery and Occupational Safety Amendment Act, 1989.
• The Machinery and Occupational Safety Amendment Act of 1991.

Is OHS a grudge purchase by employers?

Organisations who do not adhere to best practice may face adverse financial implications. In addition, it can lead to serious injuries and even death when compliance to regulations, procedures, policies and standards is lacking.

Employers have become more aware of the dangers associated with inadequate safety measures and the importance of employee health and safety and the bottom line of the company. Despite this, employers may often lament excessive costs incurred with safety regulations in the workplace.

Due to this, some employers exclude a comprehensive safety plan altogether, or they opt to make use of unscrupulous suppliers.  

OHS compliance officers

In any workplace, some people are required to guard and implement rules for the benefit of the employees as well as the organisation.

These people are referred to as OHS compliance officers. They are hired to supervise health and safety on worksites such as offices, mining operations, construction sites and other operations. They are responsible for ensuring that sites abide by the quality health and safety standards indicated by the Occupational Health and Safety Act.  

Health and safety managers

OHS Compliance Officers are hired to supervise and ensure that the work environment is, and remains, healthy and safe for workers and visitors. Only a few OHS Compliance Officers need to be hired, or more, depending on the size of the organisation and the sites on which it operates.

A Health and Safety Manager, or OHS Manager, is an employee of the organisation who is competent, qualified and responsible for the Safety Management Systems within an organisation as well as the preparation, execution and continues improvement thereof.  

What benefits does OHS compliance hold for employers?

Some of the most common benefits include:

• Improved health and safety performance.
• Reduced costs associated with accidents and incidents.
• Improved staff relations and morale.
• Increased business efficiency and improved public image and PR.
• Lower insurance premiums and easier access to financing.
• Increased regulatory compliance and improved confidence.
• A substantial boost to corporate and social responsibility.

Benefits of the health and safety certificate

OHS compliance certificates are given to the employer when they are found to be compliant with the Occupational Health and Safety Act and all other regulations in providing a workplace that is safe and healthy. To obtain such a certificate, employers must have an OHS Compliance Audit conducted on the premises by a SafetyWallet auditor. The certificate serves to prove that the employer is compliant in all health and safety aspects.

Why do employers need an OHS compliance certificate?

To prove that they are compliant in all aspects relating to health, safety and the provision of a work environment that conforms to the Occupational Health and Safety Act and relating regulations.

OHS compliance policy

OHS compliance is simply a plan of action associated with the protection of health, safety and the welfare of employees. Policies such as these are specifically designed and implemented to protect employees from hazardous environments.