Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, BloemfonteinExtension of Collective Agreement to Non-Parties10. Safety Provisions |
| (1) | Every employer and every employee shall comply with the provisions of the Occupational Health and Safety Act, 1993, and the regulations made thereunder. |
| (2) | Lock-ups and storage of tools: |
| (a) | Except in the case of jobbing work, an employer shall— |
| (i) | provide a lock-up on every job and every workshop for locking up employees tools; |
| (ii) | be responsible for keeping lock-ups properly and or securely locked outside normal working hours; |
| (iii) | be responsible for any loss or damage to tools belonging to an employee, in sheds, lock-ups and workshops, or owing to fire, and such tools shall be insured by an employer against such loss or damage. |
| (b) | If an employer— |
| (i) | fails to provide or maintain a lock-up in terms of paragraph (a)(i) and (ii); or |
| (ii) | fails to insure the tools of an employee against loss and/or damage by fire in terms of paragraph (a) |
| (iii) | such employer shall, if an employee loses his tools as a result of such act or omission, be responsible for the loss of such tools. |
| (c) | An employee wishing to claim compensation from his employer for lost tools shall lodge a written application with the Council in such form as the Council may determine; Provided that no application shall be considered unless an applicant has— |
| (i) | prior to the loss furnished the employer with a written inventory of the tools placed in the lock-up concerned; |
| (ii) | reported the loss of his tools to the Police as soon as practicable; and |
| (iii) | supplied the Council with such relevant information as the Council may require. |
| (d) | The provisions of paragraph (b) in relation to the loss of tools, other than the loss or damage of tools by fire, shall not apply in respect of an employer, unless such tools are stored in a toolbox that is capable of being securely locked, and is kept properly locked at all times, except when opened for the purpose of providing access for an employee to his own tools: Provided that— |
| (i) | the placing by an employee is lock-ups of tools that are not normally stored in boxes by reason of their length, shape, size or any other similar feature, shall be deemed to be in compliance with the requirements of this clause; and |
| (ii) | in the event of such tools as referred to in proviso (i) above being lost by theft, and employee shall not, by reason of the fact that he has not placed and locked such tools in a box, be deprived of his rights and privileges in terms of paragraph (b). |
| (e) | Subject to the foregoing provisions, an employee shall be responsible for placing his tools in a toolbox and for keeping such toolbox properly locked. |
| (f) | The decision of the Council under the provisions of this clause in any respect whatsoever and particularly regarding the amount of any compensation to be paid by an employer to an employee for tools lost by fire or any other cause shall be final. |
| (g) | An employee doing artisan's work and supplying his own tools shall ensure that his tools are properly marked with his name, and shall furnish his employer with an inventory of the said tools. These employees are required to supply their own toolboxes, which can be properly locked and in which all tools can be stored when not used, except tools which cannot fit in the toolbox because of their length, size or shape. |
| (3) | Shelter and ablution facilities: |
| (a) | Shelter: The employer shall provide suitable accommodation in which employees may take shelter during inclement weather. |
| (b) | Ablution facilities: The employer shall provide proper and adequate ablution facilities. Such facilities shall comply with the relevant municipal by-laws and shall be supervised and cleaned on a daily basis to ensure cleanliness. |