Professional labour relations consultancy the South African Labour Guide stipulates that workers and employers must share the responsibility for health and safety in the workplace. Both parties must proactively identify dangers and develop control measures to make the workplace safe.
The employer’s responsibilities include the provision and maintenance of all the equipment that is necessary to do the work. The equipment should be in a condition that will not affect the health and safety of workers. Before personal protective equipment may be used, the employer must first attempt to remove or reduce any danger to the health and safety of workers. Only when this is not practicable, should personal protective equipment be used.
The consultancy indicates that employers must take measures to protect their workers’ health and safety against hazards that may result from the production, processing, use, handling, storage or transportation of articles or substances.
Workers must also know their rights and duties as contained in the Occupational Health and Safety (OHS) Act of 1993 to act responsibly and support employers in making the workplace safe.
The guide further places the duty of personal health and safety on the worker, as well as that of others who may be affected by his or her actions or negligence to act. Many people have been injured and even killed owing to horseplay in the workplace, and that is considered a serious contravention.
The worker is expected to cooperate with the employer where the Act imposes a duty or requirements on the worker and to give information to an inspector from the Department of Labour (DoL) inspectorate, if required. Further, the worker must carry out any lawful instruction which the employer or authorised person prescribes for health and safety.
Compliance with the rules and procedures set by the employer is also the duty of the worker. The guide stipulates that the prescribed safety clothing must be worn or prescribed safety equipment used where required, and unsafe or unhealthy conditions reported to the employer as soon as possible. If the worker is involved in an incident that may influence his or her health or cause an injury, the incident should be reported to the employer no later than the end of the shift.
The OHS Act has extended workers’ rights to include the right to information, such as the Act, regulations, health and safety rules and procedures of the workplace, as well as health and safety standards, which the employer must keep at the workplace.
The regulations allow for the worker to request information of the employer about health and safety hazards in the workplace, the precautionary measures that must be taken and the procedures that must be followed if a worker is exposed to substances hazardous to health. It may also be requested that a private medical practitioner investigate medical and exposure records.
A workplace health and safety representative may accompany a health and safety inspector from the DoL during an inspection of the workplace and answer any questions the inspector may ask. The guide states that the worker may also comment or make representations on any regulation or safety standard published under the OHS Act.


















