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By Grant Laidlaw

Many people ask for assistance in the understanding of theoretical and practical aspects of the industry. I will endeavour to enlighten. We are going back to basics as I have questions coming in that indicate that the basic understanding necessary to work in industry is not in place.

Grant Laidlaw is currently the owner of the Air Conditioning and Refrigeration Academy (ACRA) in Edenvale. He holds a Bachelor of Business Administration and an associate degree in educational administration. He has a National TechnicalDiploma and completed an apprenticeship with Transnet. He has dual-trades status: refrigeration and electrical. He has been involved with SAIRAC for over two decades and served on the Johannesburg committee as chairman and was also president between 2015 and 2018. Currently he is the SAIRAC national treasurer.

Hi Elsie. Starting with HIRA, these are the Hazard Identification and Risk Assessment principles in the workplace.

It is a requirement of the OHS Act that before commencement of any work a basic risk assessment must be conducted.

The five steps to risk assessment are:

Step 1: Identify the hazards

Step 2: Decide who might be harmed and how

Step 3: Evaluate the risks and decide on precautions

Step 4: Record your findings and implement them

Step 5: Review your risk assessment and update if necessary

Step 1: Identify the hazards

• Walk around your workplace and look at what could reasonably be expected to cause harm.
• Ask other people what they think. They may have noticed things that are not immediately obvious to you.
• Check manufacturers’ instructions or data sheets for chemicals and equipment as they can be very helpful in spelling out the hazards and putting them in their true perspective.
• Remember to think about long-term hazards to health (eg high levels of noise or exposure to harmful substances) as well as safety hazards.
• Specific areas where hazards may be identified are:
  • Working at heights. Mandatory use of harnesses, correct scaffold erection, inspection and usage, ladder inspection and usage.
  • Working in confined spaces. Refrigerants are heavier than air and can collect in high concentrations in confined spaces and low-lying areas. In such instances, the necessary precautions need to be applied, as asphyxiation and death may result.
  • Working on live equipment. Working on live equipment should be avoided as far as possible but should it be a necessity, the necessary precautions should be taken.
  • Working in or near excavations. Working in or near excavations, the necessary precautions must be put into place for both workers and the public.

Step 2: Decide who might be harmed and how

• For each hazard you need to be clear about who might be harmed. It will help you identify the best way of managing the risk. That doesn’t mean listing everyone by name, but rather identifying groups of people (eg ‘people working in the storeroom’ or ‘passers-by’)
• Remember that some people have particular requirements, for example new and young workers, unskilled workers, new or expectant mothers and people with disabilities may be at particular risk. Extra thought will be needed for some hazards (oil spills, trenches, electrical cables, refrigerant leaks, ladders, tools falling, tripping hazards etc.)
• Consider cleaners, visitors, contractors, maintenance workers and so on, who may not be in the venue all the time
• Members of the public, if they could be hurt by your activities

In each case, identify how they might be harmed, i.e., what type of injury or ill health might occur. For example, ‘Possible oil spillage causing a fall — cordon off area’.

Step 3: Evaluate the risks and decide on precautions

• Having spotted the hazards, you then must decide what to do about them. The law requires you to do everything ‘reasonably practicable’ to protect people from harm. You can work this out for yourself, but the easiest way is to compare what you are doing with good practice.
• First, look at what you’re already doing, think about what controls you have in place and how it is organised. Then compare this with the good practice and see if there’s more you should be doing to bring yourself up to standard.
• In asking yourself this, consider:
  • Can I get rid of the hazard altogether?
  • If not, how can I control the risks so that harm is unlikely?
• When controlling risks, apply the principles below, if possible, in the following order:
  • try a less risky option (for example switch to using a less hazardous chemical)
  • prevent access to the hazard (for example by guarding, cordon off area with tape)
  • organise work to reduce exposure to the hazard
  • issue personal protective equipment (for example clothing, footwear, goggles etc); and
  • provide welfare facilities (for example first aid and washing facilities for removal of contamination)

Failure to take simple precautions can cost you a lot more if an accident does happen.

Step 4: Record your findings and implement them

• Putting the results of your risk assessment into practice will make a difference when looking after people and your fundraising event.
• Writing down the results of your risk assessment, and sharing them, encourages you to do this.
• When writing down your results, keep it simple, for example ‘Tripping over cable: cables secured’.

We do not expect a risk assessment to be perfect, but it must be suitable and sufficient.

You need to be able to show that:

•  a proper check was made
• you asked who might be affected
• you dealt with all the obvious significant hazards, considering the number of people who could be involved
• the precautions are reasonable
• the remaining risk is low
• you involved your staff/coworkers/clients or their representatives in the process

Step 5: Review your risk assessment and update if necessary

• Things are likely to change between first conducting your risk assessment
• It makes sense therefore, to review what you are doing on an ongoing basis
• Look at your risk assessment and think about whether there have been any changes
• Are there improvements you still need to make?
• Have other people spotted a problem?
• Have you learnt anything from accidents or near misses?
• Make sure your risk assessment stays up to date

Elsie, this is a simple overview of HIRA in the workplace. Section 14 of the OHS applies to the general duties of employees at work.

What is the objective of the OHS Act?

It is a legal document setting out the requirements for the health and safety in the workplace. Why do we need to have a set of mandatory controls for safety in the workplace? To ensure conformity and compliance with safety standards.

The OHS Act has been written in a way 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 plant 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 activity of persons at work; to establish an advisory council for occupational health and safety; and to provide for matters connected therewith.

The Act is comprehensive legislation enforceable by law and as stated applies specifically to safety in the workplace. There are a variety of definitions in this legislation that are covered by the Occupational Health and Safety Act 85 of 1993. This Act is amended regularly, and it is necessary to ensure that up to date information on the regulations are maintained. Every employer with five or more persons in his employ shall have a copy of the Act and the relevant regulations readily available at the workplace, provided that where the total number of employees is less than five the employer shall, on the request of an employee, make a copy of the Act available to that employee.

Interpretation of section 14 of the OHS act as it applies to employees at work: Introduction

No person employed in a work environment shall willfully and without reasonable cause do anything likely to endanger him or others. An employer must ensure that his premises are a safe place to work. Every employee, trainee or experienced worker must ensure that he/she is a fit and capable person to carry out his or her assigned tasks. By law every employee must:

• Obey all the safety rules of his or her place of employment
• Understand and use, as instructed, the safety practices incorporated in tasks
• Not proceed with his or her task if any safety requirement is not understood
• Maintain his/her working area, keeping the space tidy and maintain his/her tools in good condition
• Draw the attention of the immediate superior of any potential hazard
• Report all accidents or incidents to responsible person
• Conduct a risk assessment before commencing work

Accidents

Accidents do not happen, they are caused. If you are honest with yourself you cannot think of a single accident that could not have been avoided, by care and forethought. Accidents can and must be prevented. They cost the country millions of lost man-hours of production each year. Even this is of little importance compared with the immeasurable cost in human suffering. It is happening all the time according to statistics presented in industry.

The employee is responsible for his own safety in the workplace. While the OHS Act and all its legal implications are in place to protect employees, ultimately the employee’s safety is his own responsibility. If it is felt that the task he/she is being asked to perform is contrary to statutory safety requirements then the employee must inform the employer of any potentially dangerous and unsafe situation. The employee is also required to ensure that all necessary documentation pertaining to any incident is accurately and fully recorded.

How can an employee ensure his own safety and that of others in the workplace? The employee must understand and comply with the safety requirements of the OHS Act at all times. Where the employee is aware that certain safety requirements are not being conformed to it is his responsibility to inform the employer.

General duties of employees at work

Every employee shall at work:

1. Take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions. The operator must accept that he has a responsibility to himself and those around him to work in a safe manner.
2. In regard to any duty or requirement imposed on his employer or any other person by this Act, co-operate with such employer or person to enable that duty or requirement to be performed or complied with. The operator is expected to give the employer their full cooperation, however this is conditional on a safe working environment and that his fundamental rights are not being infringed.
3. Carry out any lawful order given to him and obey the health and safety rules and procedures laid down by his employer or by anyone authorised thereto by his employer, in the interest of health or safety. It is advisable that all rules and procedures are fully transparent to ensure that lawful orders and instructions are complied with.
4. If any situation which is unsafe or unhealthy comes to his attention, as soon as practicable report such situation to his employer or to their health and safety representative for his workplace or section thereof, as the case may be, who shall report it to the employer; and where situations arise that affect safety that the employer is unaware of this should be brought to his attention soonest.
5. If he is involved in an incident which may affect his health or which has caused an injury to himself, report such incident to his employer or to anyone authorised thereto by the employer, or to his health and safety representative, as soon as practicable but not later than the end of the particular shift during which the incident occurred, unless the circumstances were such that reporting of the incident was not possible, in which case he shall report the incident as soon as practicable thereafter. The sooner the employer is aware of any health or safety problem the sooner he can deal with it.

For a better understanding let us look at some of the definitions applicable to the OHS act

The following is a list of some of the definitions as detailed in the OHS Act. It is by no means the complete list but reflects the subjects applicable:

• Employee: any person who is employed by or works for an employer from whom he receives or is entitled to receive any remuneration or who works under the direction or supervision of an employer or any other person.
• Employer: any person who employs or provides work for
  any person and remunerates that person but excludes a
  labour broker.
• Employment: or ‘employed’ refers to the status of an employee.
• Hazard: a source of or exposure to danger.
• Incident: an incident as contemplated in OHS Act section 24
• Workplace: means any premises or place where a person performs work in the course of his employment.

“The minister may by notice in the Gazette declare that a person belonging to a category of persons specified in the notice shall for the purposes of this Act or any provision thereof be deemed to be an employee, and thereupon any person vested and charged with the control and supervision of the said person shall for the said purposes be deemed to be the employer of such person.”

Elsie, I hope that this helps with your understanding of HIRA and section 14 of the OHS act. I do recommend you look at further relevant sections of the act.

References:
1. ACRA
2. OHS act