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H&S OHS Act amendment augurs additional responsibilities & penalties

There has been a growing need and demand for updates and developments to ensure that existing procedures are in line with global best practices, says Health and Safety Practitioner, Viann Nel of Afroteq Advisory (www.afroteq.co.za).

“The Covid-19 pandemic brought health and safety sharply into focus. It emphasised the importance of OHS on the corporate agenda and encouraged workplaces to become more aware of their safety procedures,” Nel says.

While many businesses have a few basic OHS policies and procedures in place, these protocols might no longer be sufficient. In light of this, the Department of Employment and Labour, working in collaboration with lawmakers and business professionals, have drafted an amendment to the OHS Act, which is currently out for public comments.

Getting companies to meet minimum requirements is no longer good enough

“Every aspect of every operation should be designed to increase safety. Getting companies to meet the bare minimum requirements is no longer good enough. I believe the revised legislation will be a major step forward by shifting current policies and procedures from a theoretical perspective to a practical, proactive approach,” Nel explains.

“The new strategies will be more descriptive in response to a thorough workplace risk assessment, making the health and safety protocols easier to implement and having more clearly defined parameters. This is in contrast to the historically generic form of risk management strategies. Policies, procedures, and updated training programmes that are specifically created to meet the demands of a given workplace will need to be in place as part of specialised risk mitigation strategies,” he adds.

Greater responsibility on employers

One thing is certain: the amended OHS Act is going to place a greater responsibility than ever before on employers to ensure the safety and well-being of their employees. But it will also demand a greater awareness amongst employees, as they will be expected to adhere to the organisation's risk management plan with acute focus, taking it as the law and no longer a mere suggestion.

Nel says that employees will be expected to play an active role in implementing and adhering to policies and procedures in the workplace and will be held responsible for identifying potential exposure to the workplace environment.

Detailed risk management plans will need to be developed

With Health and Safety Management systems now being specific to each workspace, health and safety-related training, instructions, and supervision that employees receive must be more precise and aligned with their immediate risk exposures in their particular workspace. Senior management must ensure that the individuals they employ do not perform any duties that lie beyond the scope of the implemented Risk Management Plan or beyond the scope of what has been deemed safe in the organisation.

Nel adds that a detailed Risk Management Plan will need to be developed for both permanent and non-permanent staff members within the organisation.

It is expected that the revised Act will not be promulgated before the end of the year. Meanwhile, the Department of Employment and Labour has directed all health and safety practitioners to ensure the proposed changes are put into practice by treating the Act's developments as though they had already been implemented. Close to a thousand inspectors have been recruited to assess work environments for health and safety precautions, issuing fines where necessary.

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