What is the Occupational Health and Safety Act - Act 85 of 1993?
The Occupational Health and Safety Act - Act 85 of 1993 is legislation that provides
for the health and safety of persons at work and for the health and safety of persons in connection with the use of plants and machinery; the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work; to establish an advisory council for occupational health and safety; and to provide for matters connected therewith.
What is a Safety Management System?
A Safety Management System (SMS) is a system that is put in place to provide a systematic way of identifying hazards and controlling risks while maintaining assurance that these risk controls are effective. The SMS is put into place to manage procedures and collect information for comparison on a monthly basis to assist in evaluating safety performance. To comply with legislation, the implementation of a Safety Management System (SMS) is required. The best Safety Management System is one that is understood by all employees and can easily be implemented by all employers.
What is OSHAS 18001? OHSAS 18001 is an internationally recognised occupational, health and safety management system series standard. The OHSAS 18001 standard is based on the similar ISO 9001 and ISO 14001 Plan - Do - Check - Act structure. To achieve OHSAS 18001 certification, an organisation must have a health and safety management system compliant with the requirements of the OHSAS 18001 standard. The standard also requires a company to have appropriate health and safety policies, procedures and protocols to ensure it is a safety conscientious organisation.
What is a Safety File? A Safety File is a record of information that focuses on issues pertaining to the management of health and safety for a project you will be working on or in view of subcontractors a specific part of the project. The Safety File serves as proof of compliance to safety specifications which are laid out in the Occupational Health and Safety Act and associated Regulations. It also protects the employer against any potential liability.
Why Do I need a Safety File? Each and every developer, first time home builder, principle contractor, contractors and subcontractors in any industry are required by law to have a Safety File as proof of compliance with the Occupational Health and Safety Act and Regulations.
The Construction Regulations of 2014 clearly states:
CR 3(6) - A client must ensure that the principle contractor keeps a copy of the construction work permit contemplated in sub-regulation (1) in the Occupational Health and Safety File for inspection by an inspector, the client's authorized agent or employee.
CR 5(1)(s) - The client must ensure that Health and Safety File contemplated in regulation 7(1)(b) is kept and maintained by the principal contractor.
CR 7(1)(b) - A Principal contractor must open and keep on site a Health and Safety File which must include all documentation required in terms of the Act and these Regulations, which must be made available on request to an inspector, the client, the client's agent or a contractor.