South Africa's Occupational Health and Safety Policy and Legislation: A brief overview.
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Most of South
Africa’s occupational health and safety policy and legislation is in compliance
with most of the provisions of the International Labour Organization (ILO)
Convention 155 (1981) (Jeebhay M and Jacobs, 2009). In this article we briefly outline South
Africa’s occupational health legislation and policy, we then do a comparison between the South
African occupational health legislative framework and that of Botswana and
describe the lessons that these two countries can learn from each other.
In South
Africa there are predominantly four pieces of legislation which govern
Occupational Health. The Occupational Health and Safety Act, Act 85 of 1993.
This act is responsible for ensuring the health and safety of persons at work
and the health and safety of those who may be affected by health and safety
hazards arising from work activities. This act is also there to provide for the
health and safety of persons in connection with the use of plant and machinery.
The act also advocates for the establishment of an advisory council for health
and safety (Occupational Health and Safety Act 85 of 1993, South Africa,
Jeebhay and Jacobs, 2009). The Occupational Health and Safety Act, Act 85 of
1993 is not applicable to mines and quarries; those are governed by the Mine
Health and Safety Act, Act 29 of 1996. The Mine Health and Safety Act, Act 29
of 1996 provides for the protection of the health and safety of persons at
mines.
These pieces
of legislation have are effective but their success is mostly disadvantaged by
the fact that they administered by different departments with different
milestones, policies, resources and mandates (Fox, 2015). The Department of Employment and Labour has lacked behind when it comes to the release and updating of occupational health
and safety statistics (Ryan, 2009).
The Department of Employment and Labour has lacked behind when it comes to the release and updating of occupational health and safety statistics (Ryan, 2009).
South African
Occupational Health and Safety legislation is more comprehensive than that of
other African countries such as Botswana. Although all Southern African
Development Community (SADC) countries have some Occupational Health and Safety
legislation; South Africa has occupational exposure limits (OELs) which are
enforceable while other countries have these limits as ‘voluntary standards’
(Ryan, 2009).
A lot of
the SADC countries face challenges similar to South Africa and they could learn
from the vast lessons that South Africa has learned in Occupational Health and
Safety. Both countries are part of the SADC countries and their workers are
exposed to more or less similar hazards such as heat, pesticides, ergonomic and
biological hazards (Seoke and Kamungoma-Dada, 2014). These countries can
therefore, learn a lot from each other and can share resources and information
regarding occupational health and safety. These countries can learn to better
collect and manage their occupational health and safety data and use such data
to make better informed decisions on health and safety policy and legislation.
Botswana can benefit a lot from the work of the National Institute of
Occupational Health (NIOH) in South Africa. They can learn from the success
made by the Department of Mineral Resources in reducing their fight against
silicosis. A lot can still be achieved, however; it is clear that decisive and strong leadership is required to effect the necessary changes. Worker health is of paramount importance for any business, country and economy.
About the Author: Mr Mfanimpela Godfrey Kubheka is a Public Health Consultant with over 10 years experience in occupational and environmental health. He plays various leadership, management and entrepreneurial roles within the health sector. He has interests in Occupational Health Risk Assessments,Health Impact Assessments, Exposure Science, Leadership, Occupational Hygiene and Environmental and Occupational Health.
REFERENCES
About the Author: Mr Mfanimpela Godfrey Kubheka is a Public Health Consultant with over 10 years experience in occupational and environmental health. He plays various leadership, management and entrepreneurial roles within the health sector. He has interests in Occupational Health Risk Assessments,Health Impact Assessments, Exposure Science, Leadership, Occupational Hygiene and Environmental and Occupational Health.
REFERENCES
Department
of Labour. Occupational Health and Safety Act, Act 85 of 1993. Available from www.labour.gov.za/.../legislation/acts/occupational-health-and-safety/.../Amended%20.
Department
of Labour (2008). Spate of accidents prompts
construction Indaba. Available from http://www.labour.gov.za/DOL/media-desk/media-alerts/spate-of-accidents-prompts-construction-indaba/
Department
of Mineral Resources. Mine Health and Safety Act, Act 29 of 1996. Available
from http://www.dmr.gov.za/legislation/summary/30-mine-health-and-safety/530-mhs-act-29-of-1996.html
Fox
F (2015). Whither to occupational health in South Africa? Occupational
Health Southern Africa. 21(5):33-34.
Available from https://journals.co.za/content/ohsa/21/5/EJC178125
Jeebhay
M & Jacobs B. (1999). Occupational Health
Services in South Africa. In book: South African
Health Review, Edition: 5th, Chapter: 19, Publisher: Health Systems Trust,
Editors: Crisp N, Ntuli A, pp.257-276. Available from https://www.researchgate.net/publication/264129210_Occupational_Health_Services_in_South_Africa_South_African_Health_Review
Pearson
K., (2009). The causes and incidence of occupational accidents and ill-health
across the globe. [Report]. British Safety Council. Available from https://www.britsafe.org/media/1570/the-causes-incidence-occupational-accidents-ill-health-across-globe-report.pdf
Ryan,
A.,2009. Profiling occupational health and safety in Southern Africa. Available
from www.kznhealth.gov.za/occhealth/occprofile.pdf
Seoke
S Y., and Kamungoma-Dada I M. (2014). Occupational health and safety management
systems-a review of practices in enterprises in Botswana. Occupational Health
Southern Africa. 20(6). Available from http://www.occhealth.co.za/?/viewArticle/1548
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