Compliance with health and safety regulations seems to become the buzz-word in South Africa as it is believed that new OHS legislation will kick-in later this year. The new legislation will grant the Department of Labour the right to issue heftier fines or close down business permanently should it be determined that they are non-compliant.

The current Occupational Health and Safety Act of South Africa (Act 85 of 1993) is very comprehensive. But an unacceptable number of companies still try to take short-cuts which often leaves employees at the receiving end. This continues to take place despite the current legislation already allowing inspectors from the Department of Labour to visit sites randomly. They are also allowed to issue fines or close down sites when the inspector deems a workplace to be non-compliant or even unsafe. These temporary closures are imposed until such time that the situation has been resolved.

There are certainly examples out there where the inspectors have vetted their power in the past. Yet it cannot be said that these have served as an example. Fines are often considered to be 'low' and 'worth it' to take the risk. What is often forgotten that this is done at the expense of the employees.

Compliance with health and safety regulations is non-negotiable with the NEW law to be introduced

A workgroup with representatives of the Department of Labour, unions, employers and specialists from the occupational health and safety industry have, over the past few years, drafted new legislation. It is expected that this bill will be tabled later this year to allow it to become a law. It is believed that the new law will be better suited to achieve compliance with health and safety regulations. One of the major changes that is expected is the height of fines that can be imposed. Where current fines not exceed the R 100 000 mark, the new legislation is expected to allow for fines that will run into the millions. It is believed that hitting employers hard(er) in the pocket with be the best way to achieve compliance with health and safety regulations.

Employers should not underestimate how easy it is to become non-compliant. Maintaining a compliant workplace takes the input of health and safety consultants that inspect the workplace regularly. Health and safety audits and risk assessments should be carried monthly while every new development, piece of equipment, new raw material has to be identified has to be assessed first before it can be introduced.

Achieving OHS compliance

As the country is gearing up for winter, business should gear up for becoming or remaining compliant too. Winter is typically the time of the year where short-cuts will be taken to maintain productivity. It is also typically the time of the year where unacceptable risk is taken to keep the workplace comfortable. As the low temperatures will impact on alertness and response time, it is advised to increase the health and safety inspections on-site. That will be the only way to ensure compliance with health and safety regulation is maintained.

MAKROSAFE Consultants can assist you with auditing your site to determine whether it is occupational health and safety compliant. Contact us today to avoid being at the receiving end of the department of Labour.