Lesson 1, Topic 1
In Progress

1.4 Responsibilities

ryanrori June 15, 2020

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Employer Responsibilities

Chief Executive Officer (CEO)

In terms of Section 16 of the Act:

  • The CEO must ensure the employer’s proper execution of his duties in terms of the Act.
  • The CEO may assign duties to any person under his control, who shall act subject to the control and directions of the CEO.
  • The head of department of any department of State shall be deemed to be the chief executive officer of that department.

General Duties of Employers to Their Employees

In terms of Section 8 of the Act:

Every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of his employees.

The matters to which these duties refer include:

  • The provision and maintenance of systems of work, plant and machinery that, as far as is reasonably practicable, are safe and without risks to health.
  • Taking steps to eliminate or minimise any hazard or potential hazard to the safety or health of employees, before resorting to personal protective equipment.
  • Ensuring the safety and absence of risks to health in connection with the production, processing, use, handling, storage or transport of articles or substances.
  • Establishing what hazards to the health or safety of persons exist, what precautionary measures should be taken with respect to such hazard and providing the necessary means to apply such precautionary measures.
  • Providing information, instructions, training and supervision necessary to ensure the health and safety at work of his employees.
  • Not permitting any employee to do any work unless the prescribed precautionary measures have been taken.
  • Taking all necessary measures to ensure that the requirements of this Act are complied with by every person in his employment or on premises under his control where plant or machinery is used.
  • Enforcing such measures in the interest of health and safety.
  • Ensuring that work is performed under supervision of a person who will ensure that precautionary measures taken by the employer are implemented.
  • Inform employees regarding the scope of their authority. (Refer to Section 37 of the Act.)

Duty to Inform

In terms of Section 13 of the Act:

Employers must –

  • Inform employees of the hazards to his health and safety attached to any work which he has to perform, as well as the precautionary measures which should be taken and observed with respect to those hazards.
  • Inform the health and safety representatives concerned beforehand of inspections, investigations or formal inquiries of which he has been notified by an inspector.
  • Inform a health and safety representative as soon as reasonably practicable of the occurrence of an incident in the workplace or section of the workplace for which such representative has been designated.

Formative assessment 2

Employee Responsibilities

General Duties of Employees at Work

In terms of Section 14 of the Act:

All employees must:

  • Take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions.
  • Cooperate with his employer with regards to any duty or requirement imposed on his employer by this Act, to enable that duty or requirement to be performed or complied with.
  • Carry out any lawful order given to him, and obey the health and safety rules and procedures laid down by his in the interest of health or safety.
  • Report any situation which is unsafe or unhealthy to his employer or to the health and safety representative for his workplace or section thereof, as the case may be, who shall report it to the employer.
  • Report any incident which may affect his health or which has caused an injury to himself to his employer or to his health and safety representative, not later than the end of the particular shift during which the incident occurred, unless the circumstances were such that the reporting of the incident was not possible, in which case he shall report the incident as soon as practicable thereafter.

Duty Not To Interfere With, Damage or Misuse Things

In terms of Section 15 of the Act:

No person shall intentionally or recklessly interfere with, damage or misuse anything which is provided in the interest of health or safety.

Formative assessment 3