Sparks Electrical News

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ELECTRICAL NEWS november 2015
12 contractors’ corner
Training and development by Nick du Plessis
General workers: Know your legal obligations
Many of us have picked up a ‘casual labourer’
on the side of the road when we have needed
someone to do general work – painting, gar-
dening, digging a trench, mixing concrete or
drawing cables to name but a few.
While it may seem that we are only employ-
ing someone on a temporary basis, we must
be mindful of our responsibilities and legal
obligations as employers in terms of the Oc-
cupational Health and Safety Act, 1993 (Act No.
85 of 1993), which include:
Section 13
Duty to inform
Without derogating fromany specific duty imposed
onan employer by this Act, every employer shall:
a As far as is reasonably practicable, cause every
employee to be made conversant with the haz-
ards to his health and safety attached to any
work which he has to perform, any article or
substance which he has to produce, process,
use, handle, store or transport and any plant
or machinery which he is required or permitted
to use, as well as with the precautionary meas-
ures which should be taken and observed with
respect to those hazards…
Definitions supporting this section:
• Hazard: A source of or exposure to danger.
• Danger: Anything which may cause injury or
damage to persons or property.
• Plant: Includes fixtures, fittings, implements,
equipment, tools and appliances, and any-
thing which is used for any purpose in connec-
tion with such plant …
Whenhiring casual labour, it is not enough to ask:
“Can you do…?”or“Have you workedwith…?”
because the answer you get will always be a
resounding“yes”. These questions, in my opinion,
fall into the dumb question category. Remember,
the person is on the side of the road hoping to get
work because he needs the money and will do
anything for the remuneration you have offered.
It remains your responsibility to ensure that
every employee is conversant with the hazards to
his health and safety attached to any work that
he has to perform.
Another section of the Occupational Health and
Safety Act, 1993 (Act No. 85 of 1993) to be
aware of is:
Section 8
General duties of employers to
their employees
Part 2. Without derogating from the general-
ity of an employer’s duties under subsection
(1), thematters towhich those duties refer
include in particular
e) Providing such information, instructions,
trainingand supervisionasmay benecessary
to ensure, as far as is reasonably practicable,
thehealthand safety atworkof his employ-
ees…
It is important to remember that the
Occupational Health and Safety Act, 1993
(Act No. 85 of 1993) requires that you are
able to prove that you, as the employer,
have complied with the requirements;
and the only acceptable proof includes
records, attendance registers, assessments
and similar documents.
So, to ensure that you, as the employer,
are compliant with the OHS Act, I would
recommend that you develop a training
programme along with supporting docu-
mentation; then train any new employ-
ees in the tasks they will be required to
perform as well as training them to use the
tools and equipment they will be working
with – and this will ensure that you do not
fall foul of the law.
The outcome of this – besides ensuring
compliance with the OHS Act – is that
you will most likely find that your staff
will perform at a higher level of efficiency
without abusing the tools or equipment
they are workingwith because, after train-
ing and assessment, there can be no excuse
tomisuse or abuse any of your tools. In the
long run, youwill savemoney and improve
productivity. If you need assistance with
developing a training programme or you
need a facilitator to oversee the training
and assessing of general workers, I would
advise that you contact a reputable, ac-
credited and competent training provider
or contact me for advice.
Whatever you do, do the right thing:
inform your employees of their duties and
responsibilities.
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