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summary
- Course
- Labour Law (LLAB2624)
- Institution
- University Of The Freestate (UFS)
Labour law textbook summary based on occupational health
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lOMoARcPSD|4079685LLAB2624 Exam Notes 2019
Labour Law (University of the Free State)
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OHSA
Included: All employees (incl domestic workers)
Excluded: Mine workers
Merchant ships
Labour Brokers are not employers
Ministerial determinations
Employer Duties
Provide and maintain as far as possible a safe Working environment. (Pikitup v
SAMWU obo Members)
Provide and maintain systems of work, plant and machinery that is safe and
without health risks
Take reasonable steps to eliminate or mitigate hazards.
Make reasonable arrangements for safe production, processing, use, handling,
storage or transport of articles/substances.
Identify hazards and provide necessary precautionary measures.
Provide information, instruction, training and supervision.
Provide adequate supervision for plant and machinery.
Conduct business so that other persons (not employees) are not exposed to
hazards.
Ensure that employees are conversant with the hazards.
Appoint Health and Safety Reps.
Inform Health and Safety Reps of incidents
Identify and evaluate hazards associated with listed work. Prevent or limit
hazards.
Report to labour inspector incidents where, loss of life, unconscious, loss of limb,
illness, spilling of dangerous substances, uncontrolled movement of machinery.
Duties of Employees
Take reasonable care of themselves and others.
Co-operate with employer and designated persons.
Obey health and safety rules
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Report unsafe or unhealthy incidents or practices.
Do not interference or cause damage to health and safety measures and
equipment
Health and safety reps
> 20 employees Consultation. In writing. From full time employee.
< 20 employees if ordered by the Inspector.
Shops and offices - 1 H&SR for every 100 employees.
Other workplaces - 1 H&SR for every 50 employees.
Appointment 4 months after commencement of the Act
Before appointment, consult:
o Arrangements and procedures;
o Terms of office;
o Designation of H&SR.
No agreement = private arbitration. No agreement on arbitrator within 14 days =
notice to the President of the Industrial Court,.
H&SR = training and functions during working hours.
Employer must provide facilities, assistance and training.
H&SR = no civil liability.
Functions of the H&SR:
Review effectiveness of health and safety measures
Identify potential hazards and incidents.
Examine causes of incidents.
Investigate complaints.
Make representations.
Inspect.
Consult and accompany Inspectors.
Meetings of committees.
Inspection of an incident.
Investigation/formal enquiry.
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Inspectors
Appointed by Minister. Certificate issued.
General functions and powers:
o Enter.
o Question.
o Require the production of books, records, or other
o Examine books, records, or other
o Request explanations.
o Seize books, records, or other to serve as evidence
o Inspect article, substance, plant or machinery
o Remove any article, substance, plant or machinery for examination or
analysis
o Direct people to appear before him.
o Accompanied by interpreter/SAPS.
Inspectors have the following special powers:
o Stop the commencing/continuing of dangerous acts.
o Prohibit a user of plant/machinery.
o Barricade/fence off.
o Exposure to articles, substances, organisms etc.
o Revoke any prohibition if satisfied
o Specify steps to rectify health and safety problems.
Inspectors have the following functions with regard to investigations into incidents
at the workplace:
o Investigate.
o Formal enquiry.
o Subpoena.
o Designate to lead evidence and to examine witness.
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