The Occupational Health and Safety Act 85 of 1993 is intended to provide for the health and safety of people at work and during the use of plant and machinery. It not only protects people at work, but also from hazards arising out of or in connection with the activities at work. We look at what the duties of both employees and employers are, as detailed in the Act.

1. What are employers’ duties?
Every employer must provide and maintain, as far as is reasonably possible, a working environment that is safe and without risks.
• Identify potential hazards which may be present while working, something is being produced, processed, used, stored or transported, and any equipment is being used.
• Establish any precautionary measures that are necessary to protect workers against the identified hazards and provide the means to implement these precautionary measures.
• Provide the necessary information, instructions, training and supervision while keeping the extent of workers’ competence in mind. In other words, workers must be clear on what they may and may not do.
• Not permit anyone to carry on with any task without the necessary precautionary measures in place.
• Take steps to ensure that every person under the employer’s control complies with the requirements of the Act.
• Enforce the necessary control measures in the interest of health and safety
• See to it that the work and equipment is used under the general supervision of a worker who has been trained on the hazards associated with the work and who will ensure that the precautionary measures are implemented and maintained.


2. Employers have an additional duty to inform employees
   • All employees to be informed of the hazards associated with their work, and the precautionary measures that must be taken.
   • Inform the Health and Safety representatives beforehand of any inspections, or investigations to be conducted by an inspector.
   • inform Health and Safety representatives of any application for exemption made, or of any exemption granted in terms of the Act.
   • Inform a Health and Safety representative of the occurrence of an incident in the workplace where a person is killed, injured or becomes ill.
   
   
3. What are employees' duties?
   • As an employee, you need to take care of your own health and safety, as well as that of others who may be affected by your actions.
   • Do not fool around at work. Many people have been injured and even killed as a result of horseplay in the workplace, which is considered a serious offence.
   • Cooperate with the employer where the Act imposes a duty or requirements on workers.
   • Give information to an inspector from the Department of Labour if they so require.
   • Carry out any lawful instruction which your employer or authorised person prescribes with regard to health and safety
   • Comply with the rules and procedures as prescribed by the employer.
   • Wear the prescribed safety clothing or use the prescribed safety equipment, where required.
   • Report unsafe or unhealthy conditions to your Health and Safety representative as soon as possible.
   • If you are involved in an incident that may influence your health or cause an injury, report the incident your employer, an authorised person or the Health and Safety representative as soon as possible, but no later than by the end of the shift.
   
   
4. Duty not to interfere
   The duty to not interfere is one which rests on both employers and employees
   • No person shall intentionally or recklessly interfere with, damage, or misuse anything which is provided in the interest of Health and Safety.

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