The General Safety Regulations of the Occupational Health and Safety Act 85 of 1993 apply to all businesses and workplaces in South Africa, regardless of company size, industry, or the nature of work performed. As such, ensuring that your organisation is compliant with its requirements is essential for avoiding potential legal penalties.
But complying with the General Safety Regulations isn’t just about the legalities; implementing safety guidelines and rules reduces workplace incidents and accidents, minimises downtime, increases efficiency and productivity, and improves employee morale.
In this article, we’ll provide a summary of the key components of the General Safety Regulations of the Occupational Health and Safety (OHS) Act.
What are the General Safety Regulations?
The OHS Act stipulates that employers in South Africa have a legal duty to provide a workplace that is safe and without risks to the health of employees. The General Safety Regulations exist to provide employers with clear guidelines for meeting key aspects of this legal duty.
Who is responsible for implementing the General Safety Regulations?
The OHS Act states that the employer and CEO are ultimately held responsible for health and safety within the workplace. However, the CEO can delegate this responsibility to someone else within the organisation, termed a ‘16.2 Appointee’. 16.2 Appointees are often Health and Safety Officers. In the absence of a Health and Safety Officer, the responsibility of ensuring that safety protocols are implemented and enforced in the workplace usually falls to the HR Manager.
While the employer, CEO, Health and Safety Officer, or HR Manager are commonly seen as responsible for ensuring compliance with the General Safety Regulations, it’s important to note that the OHS Act clearly states that all employees have a legal duty to follow and obey all health and safety rules and procedures set out in the workplace. Cooperation between the employer and employees is essential to the success of any health and safety management system.
Summary of the key points of the General Safety Regulations
1. Definitions
The first subsection of the General Safety Regulations is used to clarify the definition of key terms used in the wider regulations (such as fire-resistance, building work, confined spaces, etc.).
2. Personal safety equipment and facilities
The General Safety Regulations specify that employers have a duty to:
- Provide all necessary personal protective equipment (PPE), safety equipment, and facilities free of charge to employees
- Keep all PPE, safety equipment, and facilities clean and in good condition
- Ensure that the necessary safety equipment is always available on the premises
- Provide training and instruction to employees on the proper use and maintenance of safety equipment and facilities
- Prevent employees from attempting any work without using the required PPE or safety equipment
2A. Intoxication
Employers may not permit any person who is, or appears to be, under the influence of drugs or alcohol to enter or remain at a workplace.
2B. Display of substituted notices and signs
Subsection 2B states that employers may substitute a required safety notice or sign with a corresponding symbolic sign from an incorporated safety standard.
2C. Admittance of persons
Subsection 2C stipulates that employers have a duty to control access to the workplace if it is deemed necessary in the interests of health and safety.
3. First aid, emergency equipment and procedures
Subsection 3 of the General Safety Regulations is one of the most important regulations to be aware of as it relates to first aid requirements for all workplaces. The regulations stipulate the following:
- Employers must take all reasonable steps to ensure that anyone in the workplace receives prompt first aid treatment in the case of an injury or emergency
- In any workplace employing more than five people, employers must ensure that a first aid box or boxes are readily available
- First aid boxes must be suitably stocked to meet the needs of the particular workplace and must contain at least the contents listed in the Annexure to the regulations (commonly referred to as a ‘Regulation 7 First Aid Kit’)
- The location of first aid boxes must be made evident through the use of prominent signage and the names of the First Aiders on duty must be displayed
- Where more than 10 people are employed, employers have a duty to ensure that there is at least one person readily available during working hours who holds a valid certificate in first aid
- Thereafter, employers must appoint and train additional First Aiders to the following ratios:
- For shops and offices, one First Aider for every group of 100 employees or part thereof (1:100)
- For all other workplaces, one First Aider for every group of 50 employees or part thereof (1:50)
- First Aiders in high-risk workplaces must receive first aid training that equips them to treat the nature of injuries that may arise in that workplace
- High-risk workplaces may need additional emergency equipment and procedures in place, such as eye-wash fountains, deluge-showers, and injury reporting procedures
4. Use and storage of flammable liquids
Subsection 4 provides directions for the safe storage and handling of flammable liquids, including controls on quantities, containers, and storage conditions, ventilation requirements, prevention of ignition sources, and measures for preventing fires and explosions.
5. Work in confined spaces
Subsection 5 covers work that takes place in confined spaces, such as tanks, pits, or silos. Importantly, the air must be tested and declared safe in writing by a competent person before anyone may enter an enclosed space to begin work. In addition, the regulation provides guidelines for the use of breathing apparatus, safety equipment, and safety harnesses.
6. Work in elevated positions
Subsection 6 stipulates that employees may not work at height unless the work is done in a safe manner from a ladder or scaffolding, or in another equally safe manner.
7. Working in danger of engulfment
Subsection 7 applies to work where an employee risks being engulfed by a material, such as grain, powder, or sand, and stipulates that measures to prevent engulfment must be implemented.
8. Stacking of articles
This regulation deals with requirements around storage and stacking, for example in warehouses and yards. Stacks must be stable, not too high, may not endanger anyone, and must be constructed by or under the supervision of someone with the appropriate knowledge and experience.
9. Welding, flame cutting, soldering and similar operations
Subsection 9 regulates hot work and stipulates safety precautions against fire, explosions, burns, and fumes when welding, flame cutting, grinding, etc. Adequate ventilation must be ensured, sufficient PPE and safety equipment must be provided, and the correct safety procedures must be implemented and enforced.
10. Operating trains
Subsection 10 provides guidelines around the safe operation, signalling, speed limits, and safety procedures relating to the operation of trains or trains of tramway-trucks.
13A. Ladders
The General Safety Regulations provide clear guidelines and rules around the use, construction, strength, and maintenance of ladders in the workplace.
13B. Ramps
Subsection 13B outlines the requirements for safe ramps with regards to the gradient, safety factor, need for stepping laths, guardrails, etc.
14. Offences and penalties
Any contravention of or failure to comply with the General Safety Regulations is an offence. Anyone guilty of such an offence may be liable to a fine or to imprisonment of up to six months.
Is your workplace fully compliant with the General Safety Regulations of the OHS Act?
First Aid, Fire and Safety Training offers comprehensive OHS Management Services designed to assist your Health and Safety Team in meeting the requirements laid out by the OHS Act and its regulations, including the General Safety Regulations. Contact us to find out more about how our experienced Health and Safety Practitioners can assist you with your OHS management, OHS training, and OHS equipment supply.