Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeExtension to Non-parties of the Main Consolidated Collective AgreementChapter Two: General Duties of Employers and Sub-Contracting Parties14. Health and Safety |
| (1) | 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. |
| (2) | Without derogating from the generality of an employer's duties under subsection (1), the matters to which those duties refer include in particular— |
| (a) | 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; |
| (b) | taking such steps as may be reasonably practicable to eliminate or mitigate any hazard or potential hazard to the safety or health of employees, before resorting to personal protective equipment; |
| (c) | making arrangements for ensuring, as far as is reasonably practicable, the safety and absence of risks to health in connection with the production, processing, use, handling, storage or transport of articles or substances; |
| (d) | establishing, as far as is reasonably practicable, what hazards to the health or safety of persons are attached to any work which is performed, any article or substance which is produced, processed, used, handled, stored or transported and any plant or machinery which is used in his business, and he shall, as far as is reasonably practicable, further establish what precautionary measures should be taken with respect to such work, article, substance, plant or machinery in order to protect the health and safety of persons, and he shall provide the necessary means to apply such precautionary measures; |
| (e) | providing such information, instructions, training and supervision as may be necessary to ensure, as far as is reasonably practicable, the health and safety at work of his employees; |
| (f) | as far as is reasonably practicable, not permitting any employee to do any work or to produce, process, use, handle, store or transport any article or substance or to operate any plant or machinery, unless the precautionary measures contemplated in paragraphs (b) and (d), or any other precautionary measures which may be prescribed, have been taken; |
| (g) | enforcing such measures as may be necessary in the interest of health and safety; |
| (h) | ensuring that work is performed, and that plant or machinery is used under the general supervision of a person trained to understand the hazards associated with it and who have the authority to ensure that precautionary measures taken by the employer are implemented; and |
| (i) | causing all employees to be informed regarding the scope of their authority as contemplated in this section. |
| (3) | Every employee shall at work— |
| (a) | take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions; |
| (b) | as regards any duty or requirement imposed on his employer, co-operate with such employer or person to enable that duty or requirement to be performed or complied with; |
| (c) | carry out any lawful order given to him, and obey the health and safety rules and procedures laid down by his employer or by anyone authorized thereto by his employer, in the interest of health or safety; |
| (d) | if any situation which is unsafe or unhealthy comes to his attention, as soon as practicable report such situation 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; and |
| (e) | if he is involved in any incident which may affect his health or which has caused an injury to himself, report such incident to his employer or to anyone authorized thereto by the employer, or to his health and safety representative, as soon as practicable but 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. |
| (4) | No person shall intentionally or recklessly interfere with, damage or misuse anything which is provided in the interest of health or safety. |
| (5) | An employee will only be permitted on site if wearing protective clothing as provided by the employer. |
| (6) | No employer shall in respect of anything which he is in terms of this section required to provide or to do in the interest of the health or safety of an employee, make any deduction from any employee's remuneration or require or permit any employee to make any payment to him or any other person. |