Frequently Asked Questions
-
QUESTION:
Is it a health and safety regulatory requirement for the employer to install non-slip strips on the stairs?
Can you advise on the instance where an employee slips and falls, but there was no cleaning done at the time, so no wet floors and there were no obstacles in the way that would have caused the fall. Is it an IOD?
RESPONSE:
No, there is no requirement in the National Building Regulations for ‘anti slip tread strips’. There are however very definite specifications for the design and building of stairways. One of the reasons why stairway anti slip tread strips are not a requirement is due to the large amount of various materials stairs can be made of and the fact that they could be indoors or outdoors. These anti slip tread strips could become more of a hazard than not having them at all. What does prevent falls is responsible human behaviour and handrails being fitted to all stairways with more than three risers
With regards to an individual who falls in the stairway, this does happen and is very difficult to show negligence. There are many factors to the cause of falls in staircases: Footwear, human behaviour (as in not paying attention and not holding onto the handrail when moving up or down) and incorrect design of staircase.
I would recommend treating a fall injury as a Compensation Fund case and claim.
-
Compliance with the regulations of the Occupational Health and Safety Act No. 85 of 1993, as well as the Compensation for Occupational Injuries and Diseases Act No. 130 of 1993, are legal requirements for all employers. The consequences of non-compliance are severe and may result in criminal liability:
- The CEO of every business is personally accountable to ensure compliance. Penalties for non-compliance may be as high as R100.00 and/or imprisonment for a period not exceeding 2 years.
- The KING II Report on Corporate Governance requires a company to “reflect a committed effort to reduce workplace accidents, fatalities and occupational health and hygiene-related incidents. There should also be regular measurement against bare minimum legislative ad regulatory requirements. Performance should be disclosed to stakeholders.” (Section 5, Chapter 3).
- The new ISO Standard (ISO 9001:2000) requires a company to “determine statutory and regulatory requirements” and to ensure that “the organisation has the ability to meet the defined requirements” (Clause 7.2.1, 7.2.2).
- The Promotion of Access to Information Act No. 2 of 2000 requires all public and private companies to make available records of public interest. This may include “information about Health and Safety”.
- A growing number of Corporate Clients request contracting firms to sign Contractual Agreements whereby the responsibility for Health and Safety matters relating to the work performed by the contractor are the sole obligation of the contractor (Section 37(2) of the OHS Act).
- Global Best Practice on Employee Well-being suggests that the employer make a concerted and visible effort to ensure that all workplaces are healthy and safe, and that management continually review the company’s compliance status.
- Tender Requirements: Tenders issued by government, parastatals and corporates now often include the requirements for disclosing your compliance status and incident history. Compliance is now becoming a pre-requisite for tender opportunities.
- To qualify for Insurance Payout on Claims, one must comply with all respective legal requirements. If found not to be compliant, any claims may be repudiated.
-
We have a number of questions asked about this legal requirement.
Here is a brief summary:
‘Employer shall take all reasonable steps that are necessary to ensure that persons at work receive prompt First Aid treatment in case of an injury or emergency’
This will apply to employee’s and those other than employee’s i.e. visitors, customers, public, contractors, etc.
More than 5 Employee’s at a workplace:- Provide a First Aid Box
- Contents to include listed equipment in Annexure plus suitable equipment taking into account the nature of work
More than 10 Employee’s at a workplace:
- Ensure that every group of 50 employee’s, or in the case of shops and offices every group of 100 employees, at least one person readily available who is in possession of a Valid Certificate of Competency in First Aid
Affix prominent signs indicating where First Aid Box is kept as well as the name of the First Aider.
Eye wash fountain in immediate vicinity where employee’s are exposed to potential injury to eyes through biological or chemical substances.
Contents of a First Aid Box have expiry dates – check and replace accordingly!- This applies mainly to sterilized products
- First Aid supplies generally have an expiry date 3-5 years after production
There is no prescription for Automated External Defibrillator (AED’s) to be provided in a workplace or public place.
This is a decision of the employer based on the risk.
If provided, it is strongly recommended that First Aiders are trained to use the AED.
Do not rely on untrained public to use such equipment! -
Compliance is non-negotiable. As from 1 January 2004, within the promulgation of the amended Occupational Health and Safety Act, employers can no longer distance themselves from the responsibility of compliance with the Act.
-
Sans 10400 Part A Section 21
-
The ‘Working at Heights’ control from a legal perspective was initiated for the Construction Industry
This does impact on Service Providers who essentially are not in the construction business as in ‘brick and mortar’
The Security Company you are referring to most probably do installations of equipment in buildings which falls into the definition of ‘construction work’
Construction work includes repairs, maintenance and installations in buildings
The Security Company will have to comply with the relevant requirements of the Construction Regulation, one of them being what is called ‘Fall Risk’ and not working at heights
There is no prescribed height which determines working at height, it is all about the fall risk factor
In their case they need to conduct a risk assessment of the work carried out
The risk assessment will determine the need for a fall protection plan which includes all the necessary precautions to be taken when they carry out their work in a fall risk position
As far as the reasonable man is concerned fall protection plans are not usually necessary when working up to 3 meters from the floor
-
Creating a Fall Risk Plan for a warehouse facility involves considering the risks associated with working at heights and ensuring that effective fall protection measures are in place in accordance with the Occupational Health and Safety (OSH) Act and the relevant regulations in South Africa. The Fall Protection Plan (FPP) is a critical part of an organization’s risk management strategy and aims to safeguard employees from fall hazards.
Here is a comprehensive framework for designing and developing a Fall Risk Plan in alignment with the South African OSH Act and regulations:
1. Purpose of the Fall Protection Plan
The purpose of the Fall Protection Plan is to eliminate or reduce the risk of injury to workers from falls while working at heights. This plan must ensure that all work activities involving fall hazards are identified, evaluated, and controlled effectively.
2. Requirements of the Fall Protection Plan
As per South Africa’s Occupational Health and Safety Act (OHS Act), the Fall Protection Plan should include the following elements (as outlined in Regulation 10 of the General Safety Regulations and Construction Regulations):
- Risk Assessment
A comprehensive risk assessment must be conducted to identify all fall hazards present in the warehouse. This includes assessing the heights (e.g., racks, mezzanines, loading platforms), areas of work (e.g., picking, stacking, maintenance), and the potential for falling objects. Identify the height and nature of work being performed to determine which types of fall protection are needed (e.g., guardrails, safety nets, personal fall arrest systems).
- Designate a competent person to be responsible for the preparation of a fall protection plan.
- Fall Protection Systems
Appropriate fall protection systems must be selected based on the risk assessment, the work environment, and the tasks to be performed. These systems should include:
- Guardrails and barriers: Installing guardrails along elevated surfaces such as catwalks, mezzanines, and shelving systems.
- Personal Protective Equipment (PPE): Harnesses, lanyards, and lifelines for workers required to work at heights.
- Safety nets: To prevent falling objects or provide secondary protection for workers.
- Anchor points: Properly designed and tested anchor points for fall arrest systems.
- Work positioning systems: For workers who need to work hands-free while on elevated platforms.
- Training and Competence
Workers must receive fall protection training to ensure that they are familiar with the hazards, the fall protection systems, and how to use them effectively. Training should include:
- Proper use of personal fall protection equipment (harnesses, lanyards, and anchors).
- Correct procedures for working at heights.
- Emergency response protocols in case of a fall.
- Supervisory training to ensure that supervisors are aware of how to monitor and enforce safe practices.
- Rescue Plan
The plan must detail a rescue procedure to quickly and effectively rescue any worker who falls. This includes:
- The identification of rescue teams or designated persons responsible for fall rescue.
- Availability of rescue equipment, such as ladders, ropes, and mechanical devices, to retrieve a fallen worker.
- Procedures for quickly accessing the area and safely rescuing the worker in the event of a fall.
- A clear emergency communication protocol.
3. Monitoring and Review
The fall protection plan must be regularly monitored and reviewed for effectiveness, especially after any changes to the work environment, such as the introduction of new equipment or work procedures.
It should be updated as needed when new risks are identified or when improvements can be made based on feedback or incident reports.
Regular inspections of fall protection equipment (e.g., harnesses, lanyards, and anchor points) to ensure that they are in good condition.
A reporting system for any near-misses, accidents, or issues related to fall hazards should be in place.
4. Implementation and Maintenance of the Fall Protection Plan
The plan should not be a static document. It requires ongoing implementation and regular updates to adapt to the dynamic nature of the warehouse environment.
Implementation:
- Ensure all workers involved in tasks at height are briefed on the Fall Protection Plan and are provided with the necessary fall protection equipment.
- Managers and supervisors should ensure that all fall protection measures are in place before work begins and should inspect the area regularly for compliance with the plan.
- Workers should be involved in safety meetings and risk discussions, and should be encouraged to report any unsafe conditions related to fall risks.
Maintenance:
- Continuous monitoring to ensure fall protection systems are in place and functioning.
- Regular checks of all fall protection equipment and systems (e.g., inspecting harnesses, lifelines, anchor points, guardrails, etc.).
- Amendments to the plan as required, especially after incidents, near-misses, or changes in the work environment. Ensure that all amendments are communicated to workers and supervisors.
5. Documenting the Fall Protection Plan
- The Fall Protection Plan must be formally documented, containing all the details related to risk assessments, the types of fall protection systems used, emergency procedures, and training records.
- This document should be available to all workers and relevant stakeholders.
- In accordance with the OSH Act, the fall protection plan must be readily accessible to the inspectorate and should be reviewed periodically by the company’s safety officer or a designated competent person.
6. Additional Considerations for Warehouse Facilities
- Slippery Surfaces: Ensure that surfaces are maintained to prevent slips, trips, and falls, which can contribute to accidents at height.
- Housekeeping: Maintain clear walkways and remove unnecessary items from elevated platforms or areas where people work at heights.
- Signage: Clearly mark areas where fall hazards exist and ensure that appropriate signage is in place to warn workers of the danger.
- Weather Considerations: Implement procedures to ensure work at heights is suspended during unsafe weather conditions (e.g., high winds, rain, ice).
7. Conclusion
A Fall Protection Plan is essential for ensuring the safety and health of workers at heights within a warehouse environment. Compliance with the South African OSH Act and associated regulations is a legal requirement that not only helps prevent accidents but also fosters a culture of safety within the workplace. Regular monitoring, assessment, and communication are vital to the ongoing success of the plan.
By integrating risk assessments, selecting the right protective systems, ensuring proper training, implementing effective rescue plans, and reviewing the plan regularly, you will significantly reduce the risk of falls and provide a safe working environment for all employees.
-
If you are not registered with the Compensation Fund, running a formal business, then you are operating illegally.
Not being registered with the Compensation Fund will not only exclude you from getting work but you will also be exposed to civil claims from any of your employees who might get injured in the course of their employment. Regardless of whether they are casuals or not, no private insurance covers that.
