Risk assessment THE LAW

Risk assessment THE LAW – In my previous blog I emphasized that the South African Occupational Health & Safety Act (Act 85 of 1993) demands that every employer provides and maintain a safe working environment to its employees. But the problem with legislation is that it leaves much open to interpretation. Many employers provide, therefore, what they consider being sufficient. Risk Assessment is a continuous process, not a once-off exercise. Inspectors will not accept a risk assessment report that was used for a long period.

But the authorities can think different, something they only find out once harm is done. If an employee gets injured seriously, the Department of Labour is compelled to investigate. The first thing they want to know is whether a risk assessment was done. If a company is unable to provide such assessment, the inspector is allowed to shut down a site or close a company until appropriate measures have been taken.

It is, therefore, advised to execute a proper risk assessment. But instead of doing it yourself, rather have it done by independent professionals. They will submit an unbiased and comprehensive report, which is not restricted by budgets, assumptions or lack of understanding. Having your risk assessed is an investment that shouldn't even be up for discussion. You will recognise the value immediately the moment labour inspectors have to walk in.

Rather be safe, than sorry!