Occupational Health and Safety
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Occupational Health and Safety
Legal Position and Requirements
Generally in developing countries and specifically in South Africa the state of occupational health and safety is not satisfactory. In South Africa’s particular case, the health and safety of workers is legislated upon in the form of the Occupational Health and Safety Act 85 of 1993 (hereafter referred to as the Health Act) as amended and the Mine Health and Safety Act of 1996 (hereafter referred to as the Mines Act). The problem regarding the health and safety of employees does not necessarily stem from the Acts themselves but rather through the mechanisms available to implement what the acts seek to achieve and that is to provide and regulate health and safety for all workers at the workplace (Rees & Davies,p.172). These issues will be dealt with in due course. For the purposes of this subsection an outline of the basic legal requirements for health and safety will be provided.
The Health Act places a duty on the employer as well as the employee with regard to the employees’ health and safety. The employer's extend to setting up health and safety committees from among his employees. Also which is the obvious the Act stipulates that the working environment and the workplace is one that is safe and in the event work being of an inherently dangerous nature the correct precautions must be taken. Also health and safety inspectors must not be hindered in the course of their inspections. In addition to all this the staff should be given the requisite training to prevent injury or subsequent health problems. The primary duty that rests on employees is to make sure that any irregularities are reported as soon as possible so that action can be taken.
The basic purpose of the Health Act and indeed the Mines Act is to firstly to make it a matter of law and not merely social responsibility to ensure the health and safety of employees. Also they both seek to provide mechanisms to achieve the primary...
Legal Position and Requirements
Generally in developing countries and specifically in South Africa the state of occupational health and safety is not satisfactory. In South Africa’s particular case, the health and safety of workers is legislated upon in the form of the Occupational Health and Safety Act 85 of 1993 (hereafter referred to as the Health Act) as amended and the Mine Health and Safety Act of 1996 (hereafter referred to as the Mines Act). The problem regarding the health and safety of employees does not necessarily stem from the Acts themselves but rather through the mechanisms available to implement what the acts seek to achieve and that is to provide and regulate health and safety for all workers at the workplace (Rees & Davies,p.172). These issues will be dealt with in due course. For the purposes of this subsection an outline of the basic legal requirements for health and safety will be provided.
The Health Act places a duty on the employer as well as the employee with regard to the employees’ health and safety. The employer's extend to setting up health and safety committees from among his employees. Also which is the obvious the Act stipulates that the working environment and the workplace is one that is safe and in the event work being of an inherently dangerous nature the correct precautions must be taken. Also health and safety inspectors must not be hindered in the course of their inspections. In addition to all this the staff should be given the requisite training to prevent injury or subsequent health problems. The primary duty that rests on employees is to make sure that any irregularities are reported as soon as possible so that action can be taken.
The basic purpose of the Health Act and indeed the Mines Act is to firstly to make it a matter of law and not merely social responsibility to ensure the health and safety of employees. Also they both seek to provide mechanisms to achieve the primary...