First-Aid in the Workplace – The Legal Requirements

First-aid in the workplace legal requirements can be found in the General Safety Regulations made under the Occupational Health and Safety Act.

Appointment of First-Aiders

Firstly, the general duty placed on employers is that they should take all reasonable steps that are necessary to ensure that persons at work receive prompt first-aid treatment in the case of an injury or emergency.

If an organisation employs more than five employees, the employer must provide a first-aid box at or near the workplace which must be accessible and available for the treatment of injured persons at that workplace.

If an organisation employs more than ten employees, then at least one person for every fifty employees must be in possession of a valid certificate of competency in first-aid, or in the case of an office or shop as contemplated in the Basic Conditions of Employment Act, one first-aider must be available for every one hundred employees.

First-Aid on Day and Night Shifts

The employer must take keep in mind that labour legislation prohibits discrimination against employees based upon the shift which they work – any privileges and services which are available to day shift workers must be available to night shift workers too. In other words, if there are first-aiders available on the day shift, as well as emergency response teams, persons with these skills should be available to the staff who work at night.

It is a common occurrence that there are response teams, nursing sisters and/or doctors on site during the day shift, but that they are merely on standby on night shifts. This will result in serious legal liability consequences for an employer should an employee be injured on night shift, and die as a result of the fact that he did not receive treatment timeously enough.

If a workplace uses high risk substances, corrosives or similar hazardous substances, the first aider must be trained in first-aid procedures that are necessary for the treatment of injuries that may result from exposure to these substances. He should also be aware of the emergency procedures which are necessary in the case of accidental leakage, spillage or dumping of these substances.

Contents of a First-Aid Box

The Annexure to the General Safety Regulations list the minimum content of a first aid box as follows (the quantities required have been omitted):

• Wound cleaner/antiseptic
• Swabs for cleaning wound
• Cotton wool for padding
• Sterile guaze
• Forceps
• Scissors
• Safety pins
• Triangular bandages
• Roller bandages
• Elastic adhesive
• Non-allergic adhesive strip
• Adhesive dressing strips
• First aid dressing
• Straight splints
• Disposable latex gloves
• CPR mouth pieces
• Household gloves
• Disinfectant
• Plastic red bad
• Paper towel

Is that all?

Although this is the list that the Act prescribes, there is a common misconception that an employer will be legally compliant if he has a kit which contains the items listed above. This is not so…

Regulation 3 dictates that an employer must make sure that his first aid boxes contain suitable first aid equipment which includes at least the equipment listed in the annexure. However, he must take into account the type of injuries that are likely to occur, the nature of the activities performed and the number of employees who work at the workplace.

It is evident that the contents which must be included will be dependent on the nature of the risks which will be encountered in the workplace. It will therefore be necessary to peruse the hazard identification and risk assessment of the organisation to determine what other items may be required in the box – for example, if fire is an identified risk, burn kits should be included in the first-aid boxes.

The principle is that for every significant risk which could be encountered in the workplace, there must be sufficient emergency equipment contained in the first-aid kit – only then will the employer be in possession of a legally compliant first-aid kit.

This article by Natalie Graaff via SheqAfrica.com

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An MSDS a Day Keeps the Doctor Away

MSDS sections and details will be discussed in this article. Last month, we looked at hazardous chemical substances and more specifically at the responsibilities of the users and employers.

With regards to the Hazardous Chemical Substances Regulations, all persons manufacturing, selling, and supplying hazardous chemicals shall as far as reasonably practicable provide persons receiving or using such substances with a material safety data sheet [MSDS].

What is a MSDS?

A Material Safety Data Sheet (MSDS) is a form with data regarding the properties of a particular substance. This form is a means of transferring essential information on handling, transport, storage and processing of the chemical substance.

The MSDS should be written in a 16 section format. These 16 sections are always in the same sequence. The reason for this is once the framework with regards to the MSDS format is known it is possible to directly refer to the information required by the user.

There are 4 key issues that need to be known about chemicals:

1. What is the product or chemical and what should be known immediately in an emergency situation?
2. What should be done if a hazardous situation occurs?
3. How the hazardous situation can be avoided or prevented?
4. Other useful information

MSDS Sections Explained

So let us now take a closer look at what information you should expect under the 4 issues mentioned above:

1. What is the Product or Chemical and What Should be Known Immediately in an Emergency Situation

SECTION 1: Chemical product and company identification

This section must state the product name and also the name, address and contact number of the supplier. An emergency contact number used by company must also be given.Whether the chemical product is a substance or a preparation must also be stated.

SECTION 2: Composition/information on ingredients

The ingredients contributing to the hazard must be indicated.In the case of a preparation the information of the chemical nature of product must be given.

SECTION 3: Hazards identification

Here the most important hazards and effects of the product must be clearly summarised. The adverse human health effects, environmental affects must be stated.

2. What Should be Done if a Hazardous Situation Occurs?

SECTION 4: First Aid measures

Clear first aid measures must be stated. This information to be subdivided according to different exposure routes; inhalation, skin, contact, eye contact and ingestion.

SECTION 5: Fire fighting measures

This section must state which extinguishing media is suitable.Hazards with regards to firefighting measures, methods and special equipment.

SECTION 6: Accidental release measures

This section must contain information on personal, environmental precautions and also neutralisation and methods for cleaning up of the substance.

3. How the Hazardous Situation can be Avoided or Prevented

SECTION 7: Handling and Storage

Handling – prevention of user exposure, prevention of fire and explosion and precautions for safe handling

Storage – technical measures and storage conditions. To include separation from incompatible products.

SECTION 8: Exposure controls / personal protection

In this section engineering measures, control parameters and personal protective equipment is mentioned.

SECTION 9: Physical and chemical properties

This section must include physical state, form, color and odour.

SECTION 10: Stability and reactivity

Possible hazardous reactions occurring under specific conditions must be stated. Information that must be contained here are conditions to avoid, materials to avoid, and hazardous decomposition products that may be expected.

4. Other Useful Information

SECTION 11: Toxicological information

Complete and comprehensive description of toxicological health effects, acute toxicity, local effects, sensitisation and long term toxicity of product which can arise if user comes in contact.

SECTION 12: Ecological information

This section must have information on possible environmental effects.

SECTION 13: Disposal considerations

Methods for safe and environmentally preferred disposal must be contained in this section.

SECTION 14: Transport information

Information on codes and classification according to international regulations for transport.

SECTION 15: Regulatory information

This section must contain information on regulations specifically applicable to the chemical product.

SECTION 16: Other information

Any further information which may be important form a safety point of view, for example training needs and recommended use and possible restrictions of the product may be stated.

General aspects that should also appear on every page of the MSDS, includes the name of the chemical substance as used on the label and it must be dated and numbered. The date indicated must be the latest revision date.

This article by Tessa van Eeden via SheqAfrica.com

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Health & Safety Specification is Not Cut & Paste Law

Risk assessment involves health and safety specifications and quantities, requiring competence beyond copy-and-paste of some laws.

Risk assessments are also required in the Construction Regulations that came into effect on 8 August 2014, starting with the duty of the Client to perform a baseline risk assessment, writes consulting body Nioccsa chairperson Rudy Maritz.

According to a publication of the Safety First Association titled ‘Risk Assessments: Guide to understanding the basics’, by Leighton Bennett, risk assessment is “identification of undesired events, their causes and analysing their likelihood and potential consequences – considering existing control measures – in order to make a valued judgement as to the risk’s acceptability.”

Bennett states that “Assuming a Baseline Risk Assessment, it permits the assessment being performed at an organisational level or at a site level depending on the objective for holding the risk assessment.

This enables the operational level being considered to be communally or separately risk assessed to identify the potential risk issues, the magnitude of these risks and the likely impact these risks could have ranging from a specific site to across some or across all of the enterprise’s management disciplines operations to give a enterprise-wide risk assessment perspective”.

Tinus Boshoff, health and safety specialist to the SA Labour Guide, defines a baseline risk assessment differently; “to establish a risk profile or a set of risk profiles. It is used to prioritise action programmes for issue-based risk assessments”.

His view differs from Bennett’s in that “it should be performed to obtain a benchmark of the types and size of potential hazards, which could have a significant impact on the whole organisation. They need to identify the major and significant risks, then prioritise these risks and evaluate the effectiveness of current systems for risk control.

“It must be emphasised that the baseline is an initial risk assessment that focuses on a broad overview in order to determine the risk profile to be used in subsequent risk assessments. A baseline risk assessment focuses on the identification of risk that applies to the whole organisation or project.

“This type of assessment could be performed on a site, region or even on a national basis concerning any facet of the organisation operations or procedures. This assessment needs to be comprehensive and may even lead to other and more in-depth studies.”

The Occupational Health and Safety Act does not define risk assessment, but mentions it in several regulation as a process for the identification of risks and hazards to which persons may be exposed to, and an analysis and evaluation of the risks and hazards identified, based on a documented method (CR 9-2014).

It should include a documented plan and applicable safe work procedures to mitigate, reduce or control the risks and hazards that have been identified; a monitoring plan; and a review plan.

The process described in law makes no mention of “baseline”. Statistics define “baseline data” as the initial collection of data which serves as a basis for comparison with the subsequently acquired data.

It is therefore important to understand the actual construction processes before engaging a person to perform the baseline risk assessment.

When the client has to perform the baseline risk assessment, it is therefore done on the initial information pertaining to the “anticipated hazards” of the planned project.

Design Competence & Assessment

A construction client will never start a project without a drawing of some sort. They will have some idea of what they want constructed; be it a skyscraper or a new distillation plant. Then they will call in a designer to come up with a “construction drawing”.

The designer has the duty not to include anything in the design necessitating the use of dangerous procedures or materials hazardous to the health and safety of persons, which can be avoided by modifying the design or by substituting materials and in the event that this do happen, they have to inform the client of any known or anticipated dangers or hazards relating to the construction work, and make available all relevant information required for the safe execution of the work.

During the design stage, the designer should also take cognisance of ergonomic design principles in order to minimize ergonomic related hazards in all phases of the life cycle of a structure and take into account the hazards relating to any subsequent maintenance of the relevant structure and must make provision in the design for that work to be performed to minimise the risk.

This process will also have to be repeated when the design is subsequently altered.

It is during the planning stage that the construction health and safety agent are to provide input on the proposed design and highlight some of the risks associated with the designer’s “idea” of how to build the structure.

It may require the construction drawing being altered a few times before everybody agrees that all the risks have been “designed out”.

Baseline Risk Assessment

The baseline risk assessment can now be performed based on the initial data available from the designer, the structural engineer and geotechnical reports. From this risk assessment, the health and safety specification can be developed.

In assessing the risks, the baseline should focus on the “construction work” risks as well as the “project management” risks that may have a negative impact on health and safety.

The latter specifically pertain to the management of contractors in relation to time and costs, as delays in construction would result in time constraints that will ultimately result in health and safety falling by the wayside. Emergency preparedness should also be included in the baseline risk assessment.

Health and Safety Specification

The client will then, after preparing the health and safety specification, provide the designer with a copy thereof to finalise the design. In essence, the health and safety specification forms an instruction manual for the designer, based on the initial agreement on the risks already designed out, thus ensuring these risks are not designed back into the drawings.

The designer then needs to prepare a report on the all relevant health and safety information about the design of the relevant structure that may affect the pricing of the construction work; the geotechnical-science aspects, where appropriate; and the loading that the structure is designed to withstand.

Only now can the health and safety specification be sent out with the tender documents.

Health & Safety Competent Person

The definition of competent person defined in Construction Regulation 1, states that a person must have knowledge, skills and experience coupled with a qualification listed on the NQF.

While the designer may be a professional architect, structural engineer or an interior designer, the information he relies on during the design is not prepared by a person of similar standing. There is nothing in the regulations preventing a client from appointing a “risk assessor” with a certificate issued based on unit standard 244287 at NQF level 4.

Yet the risk assessor only needs to be a competent person and not a registered professional under any of the Built Environment Professions Councils.

Common sense would however dictate that the competent person performing the baseline risk assessment should have the knowledge, skills and experience of sufficient extent pertaining to the project and only apply the qualification in the “mathematical techniques” needed.

Competence is Not Related to NQF Alone

There is a general misunderstanding of the unit standards under the NQF. It is not regarded as a certificate of competence or a qualification, but only a unit making up a qualification. Unlike Unit standard 244287, the National Certificate in Occupational Safety (ID 79808) is a recognised qualification.

The risk assessment for building a 40 storey building is far more involved than the construction of a new water reticulation system, limited to trenching at a depth of 1 to 1,5 metres. It is thus important that the competency of a risk assessor is judged accordingly.

Documented Method

The OHS Act calls for an analysis and evaluation of the risks and hazards identified based on a documented method. This is a very important aspect in risk management. It describes the method used to analyse the risks and to evaluate the potential exposure based on the existing controls.

Commonly referred to as the Risk Methodology, it is important that all risk assessments done for a project by the various contractors follow the exact same method. It is the only way to ensure a risk value has a standard interpretation.

Tender Documents

I have often been asked what the client is required to provide in their tender documents. Although the regulations do not specifically call for it, the baseline risk assessment should be included in the tender documents in order for the bidding contractor to prepare a suitable OHS plan and to ensure the risk assessment is properly communicated.

The general health and safety specifications currently in circulation are mere copies of the Construction Regulations from Coega Development Corporation and the DPW, and mutations thereof. Very few specify anything other than what the law requires.

Bill of Quantities

The regulations impose a duty on both the client and principal contractor to “ensure” the cost of health and safety requirements are provided for in the tender documents; CR 5(1)(g) and CR7(1)(c)(ii).

The general rule of thumb is that legal compliance is a business overhead and not a project cost element. However, where an OHS specification calls for a specific item, not part of the core business of a contractor, or indifferent to the contractor’s normal compliance program, these costs should be added to the Bill of quantities as line items.

OHS Specifications thus cannot simply copy legislation and refer to legal requirements. They have to specify the items, and link to the bill of quantities.

This article via SheqAfrica.com

DOL postpones construction health and safety registration

The Chief Inspector of Labour postponed construction health and safety registration with the SACPCMP until August 2015.

The draft Government Notice circulated on 5 August 2014, headed ‘Notice regarding application of the Construction Regulations 2014’, follows general criticism of greay areas in the regulations and impracticalities in its implementation.

Under Section 40 (3)(b) of the OHS Act, chief inspector Thobile Lamati grant temporary exemptions regarding SACPCMP registration, under Section 5(8), for these categories of construction health and safety professionals until 6 August 2015;

• Regulation 5 (7)(b) Construction Health and Safety Agent as in sub-regulation (5) and (6);
• Regulation 8 (6) Construction Health and Safety Officer as appointed by a Contractor.

The draft notice will be Gazetted soon, probably on 8 August.

This article by Edmond Furter via SheqAfrica.com