Work at Height, Fall Protection, Training & Medicals

What are the legal duties of an employer towards employees working at heights?

A Possible Working at Heights Scenario

John started his own Construction Company and approaches you as Health and Safety Specialist to advise on the legal requirements for working at heights.

The Legal Position in South Africa

The first matter to be addressed when looking at the legal factors impacting working at heights, is that of General Safety Regulation 6 – Work in Elevated Position: “ No employer shall require or permit any person to work in an elevated position, and no person shall work in an elevated position, unless such work is performed safely from a ladder or scaffolding, or from a position where such person has been made as safe as if he were working from scaffolding”.

Regulation 8 of the Construction Regulations deals with working at heights and the need for a fall protection plan.It is however first important to distinguish between fall prevention and fall arrest.

Fall prevention in its most common form is the use of barricading to protect an employee from falling, whereas fall arrest is a safety harness and safety line that will arrest the employee if he/she was to fall while working at heights.

Fall prevention should always be considered as a first option and fall arrest as a last. The employer has to ensure that, fall prevention and fall arrest equipment is of sufficient and suitable strength, and the fall prevention and fall arrest equipment is securely attached to the lifeline or structure

Fall Protection Plan

In terms of Regulation 8 an employer has a duty to designate a competent person as responsible person for the preparation of a Fall Protection Plan.

This plan must be implemented, amended and maintained as required. The employer has to further ensure that there is adherence to the Fall Protection Plan.

The Fall Protection Plan must include the following as a minimum:
Must be Site specific (It requires a physical Hazard Identification on site)
Ensure everything is documented (Its audit evidence that you have done your job)
Hazard Identification (must be with a site or in house team)
Risk Assessment (analysis and evaluation with an in house team)
Management – Manage and control. Don’t forget to manage where changes are brought about
Determination of Controls – Safe work procedures, Method statements, etc
Procedures (WSWP) include Who, When, Why, What, Where
Method statement – focus on How (Method Statement to eliminate risks)
Rescue Plan (Include how to rescue a person, hanging there, after a fall from height, and within a short time?)
Emergency Plan (How to safely evacuate site)
Implement, Maintain, Monitor, Review Plans

The Fall Protection Plan must also address the process for evaluating the employee’s physical and psychological fitness.

Medical Fitness

Medical conditions that will make a person unfit for work at heights are:
Hypertension/High Blood pressure,
Epilepsy,
Diabetes,
Heart Diseases,
Fear of Heights

A person may under no circumstances be working at heights if they suffer from any of these conditions, even If they are treated by a medical professional. As an employer you have no control over the taking of the medication as per the instructions of the medical professional, one “slip up” can become fatal.

It is shocking to observe on construction sites in South Africa the non-compliance to the legislative requirements set for working at heights, especially the smaller construction companies.

Are you in the same position as John or do you meet all the legislative requirements for working at heights?

This article by Gerrit Augustyn via sheqafrica.com.

The State’s Health & Safety File does not Comply

The health and safety file regime does not prevent building failures. When state-owned buildings collapse, regulatory failures becomes glaring.

Collapse of a state-owned factory floor injured 88 workers in Port Elizabeth harbour on 13 March. Transnet is investigating the Eyethu Fishing incident.

Cosatu called for a Labour and municipal building probe. This is the second collapse of a major building structure in six months to reveal regulatory gaps, writes health and safety consultant Rudy Maritz.

Properties in harbours are owned by the state and leased out. Lease agreements generally are excluded from the OHS Act by section 41, but could be seen as an agreement in terms of Section 37(2) where the owner is the principal as leaser, and the tenant the mandatary as lessee, having been mandated in terms of the lease to comply with certain provisions in relation to the safe use of the leased property. Lease agreements are seldom drafted in this context.

A lack of regulatory controls in the post-construction life-cycle of a building built prior to the 2003 regulations is attributable to the cause of incidents of this nature. This fact is emphasised by the introduction in the 2014 version of the construction regulations, of a specific requirement imposed on designers of structures and buildings to consider health and safety in the design phase.

Health & Safety File Syndrome

The effectiveness of the 2014 regulation, which includes the provision of health and safety information from the planning phase to hand-over, to all parties involved, will be determined by how the DOL enforces the use of the degenerated health and safety file regime in future.

Health and safety files, since their inception in 2003, were intended to prevent accidents like this by providing the occupier of a completed building with sufficient health and safety information to properly use and maintain the building, based on design and construction information that would impact on such use, such as maximum floor loadings.

But it has degenerated into an instrument of red tape to protect the backsides of construction contractors and the state, and for personal enrichment of consultants willing to supply a solution to a ‘problem’ that has no legal grounds to exist.

Construction clients should take note of the requirements to obtain a consolidated health and safety file from the construction contractor, to hand over to the occupier of a building in future.

Construction law and practice failures are now laid at the feet of health and safety practitioners. It is clearly indicated in the incident above and the Tongaat Mall collapse, that the problem does not lie with competencies in health and safety.

The construction Industry, while contributing 16% to GDP, is to blame for the lack of competency in the built environment. Instead of blaming health and safety people and ‘regulating’ the profession by registration, incidents in the built environment should be studied.

Building fires, collapses, fractures, structural failures and all the other loss incidents during and after construction, have more fundamental causes that health and safety people could not prevent.

Incident statistics kept by the construction industry itself, such as the statutory insurer Fema, indicate high levels of fatalities, such as 72 last year.

We should not allow a set of rules to cover one aspect of the built environment in isolation. It is of vital importance to have an integrated regulatory framework for pre-construction, in-construction as well as post-construction.

The 2014 Construction Regulations Amendment effectively addresses only two of the three aspects and made a rather insignificant attempt to address the third in the revised Regulation 11(2), which makes no improvement on the law of the last decade (CR9(4)and(5)-2003) except for combining it into one subregulation.

Save for Regulation 11, the 2014 Regulations makes no attempt to address any post-construction regulatory changes and yet again attempt to be “inclusive” to construction work alone.

Investigation Process Failure

The owner and occupier of the building in Port Elizabeth are legally compelled in terms of Section 24 of the Act, read with GAR 8 and 9 to report and investigate the accident. The purpose of these investigations is to determine the cause and recommend and hopefully implement measures to prevent it from happening again.

Yet we need one more component. As with ISO management systems, and the investigation process above, the idea is to determine root causes. Contrary to public opinion that 84% of accidents are caused by people, research done by Prof John Smallwood of NMMU indicates that the main causes of accidents are management failure.

Part of that “management” is the state and the Department of Labour. As regulatory body, the DOL manages legal compliance with the Occupational Health and Safety Act and its regulations. In practice this is limited to finding causes and linking these to a regulation that may have been contravened, and to recommend stoppage or prosecution.

Government as custodian of compliance via the state and the DOL should investigate its own role in workplace deaths and injuries, just like employers are required to do. Collapse of state buildings, or lapses of compliance with reasonable health and safety management, is unforgivable.

A mechanism should be created, perhaps via the office of the public protector, to investigate incidents on state property.

The process of self-regulation, including removal of prescriptive regulations in the old 1941 and 1983 Acts, has proven unsuccessful and claimed the lives of many and maimed and injured many more.

The former building work supervisor had to have at least two years experience in the type of building work designated, while the 2014 construction manager as a “competent person” has the required knowledge, training, experience, and where applicable qualifications, specific to the work or task.

Where appropriate qualifications and training are registered in terms of the National Qualification Framework Act, those are required.

Health & Safety Regulation Gaps

The amended Construction Regulations only take effect in August 2014. Current law requires owners of structures (buildings) to ensure inspections by competent persons “to render the structure safe for continued use” at least every six months for the first two years, thereafter yearly.

Records of such inspections must be kept. Owners must also “ensure that the structure is maintained… safe for continued use,” according to CR 9 (4)and (5). Construction work includes maintenance of a building, according to CR 9 (5).

Building maintenance has however been omitted from the 2014 version of the Construction Regulations, a move that proves a lack of understanding of the life-cycle of building health and safety.

The National Building Regulations does not impose any duty on the owner of a building relating to continued safe use, but regulates the design requirements thereof during the pre-construction phase.

Other regulations provide for types of occupancy in relation to zoning and design requirements, electrical installations, and emergency egress, fire protection and general workplace uses.

The generality of Section 8(1) does not address the owner of a building, but the tenant as an employer. If the owner is also the occupier, then it would apply.

Article by Edmond Furter via sheqafrica.com

Life

Life. Every day we consume its very existence. We breathe it in, we kick it around, make it do our bidding whilst we tread among ourselves during our daily escapades towards a fulfilling and prosperous future.

Have you ever taken a step back, stood still for a while and watched those around you. Do we not resemble a group of mindless zombies moving from one place to the next? Each person with his or her own set of goals to achieve for the day. I wander, do they ever stop and think of the value in the direction they’re going, do they ever wander if that heading really means that much to them. Are they merely just fulfilling another’s quest?

Look down to your feet, notice how your shoes have worn out to the style of your trot. Look at your hands, notice the way the skin creases and wraps over the bones and muscles, those hands have fed you, have given you hope, have given you your future and will continuously shape it to your will. Have a look at yourself in the mirror, the color of your eyes, the waves of your hair, the embossment of your smile. It’s what brought you your fame and fortune. It’s what houses your dreams and memories.

Do you truly value that which has been bestowed to you? Do you ever take a second to admire that which you have become? For some of us, we are quite happy with where we are and the direction we’re heading. But many of the lost wander the cities and landscapes unawares to where they’re heading. Unknown to them is the existence of their bright future. Known to them are the pains and pleasures of daily directionless routines.

We put more planning into our weekend away trips than we put into our futures. It’s sad really.

I put forth to you a challenge. A challenge that requires only but a pen, paper, and that beautiful bundle of flesh we know as your mind. Close your eyes and roam your dreams. Be like a little child and play around in them wearing your favorite superhero’s outfit. It is in those dreams you’ll find your heading, your future, your happiness. It is in that process that you’ll discover who you really are and where you really want to be.

Don’t accept the circumstances you currently reside in. Take your dreams and set it to your destiny, then break it up into easy manageable little steps. Then, with those steps and goals set, venture back out into life. But this time, as you venture into it, you’ll have a map and a compass to show you your heading. Follow that heading with all your might, with all your strength, happiness, and hope and take on and conquer those little steps, one by one, till you reach that fat daddy juicy burger which is your dream!

You have right now the power to change your future, you, and only you can make it a reality. No one is going to hand it to you through a window with extra fries and a cool drink. You need to go out and get it.

Help those along the way, empower those who work for you to sore higher than they ever sored before. Many lead by the whip, but you, you will lead by the carrot. Let us bestow on them the knowledge which bears fruit, the wisdom that grants them happiness and glory.  Skills can do that for you. If you but only allow us to do so.

Life, everyday it consumes our very existence. We breathe it in, we kick it around, make it do our bidding whilst we tread among ourselves during our daily escapades towards a fulfilling and prosperous future.

Contact us for our range of Business and Personal Developmentcourses. We will empower, we will educate, we will show them the way of success and they ways to a better future.

(This is an original article by our Sales & Marketing Manager, Dalwyn Diesel-Reynolds)

Valentine's Day Safety Tips

Tomorrow, more than any other day of the year, LOVE is in the air. That's right - Valentine's Day is upon us once again. And whatever you're planning for you and your sweetheart, it's important to remember that any small errors in judgement can lead to huge safety issues. This Valentine's Day keep in mind these basic tips that can help avoid some major problems.

Kindle the Romance - Not the House

Candlelight, crackling fireplaces, outdoor torches - these are all synonymous with Valentine's Day plans. When supervised properly they pose little risks, but can quickly turn into a burning inferno. We advise the following:
Blow out candles when you leave the room.
Keep clothing, bankets, pillows etc away from any open flames.
If your fireplace hasn't been used in a while, inspect and test it beforehand. They're not only potential fire hazards but also a carbon monoxide danger.
Meals forgotten about int he oven or on the stovetop can lead to fires. Consider using timers to remind you of the meal.

Travelling? Protect Your Home

A romantic getaway is a great way to say "I love you" but nothing spoils the mood faster than finding out your home has been broken into. Simply follow these few security tips:
Use timers for your lights and radio's to give the impression of an occupied house.
Consider leaving a vehicle int he driveway.
Check all locks on windows and doors, especially those on the lower floor.

Rooftop Risks

Flat rooftops can make for romantic views, but these areas were not designed as extended living spaces. Consider these precautions:
"Flat" rooftops are not completely flat, often have a slight pitch to them which can be dangerous to stand on.
Weather damage can cause flat rooftops to be warped or pitted, which creates trip hazards.
Walking on rooftops can cause damage to protective coating, increasing the chances of leaks in the future.


Remember that each situation is different and these are only general guidelines, so make sure you've kept an eye out to keep you and your loved one safe. If you have any special tips you'd like to share, feel free to leave them on the comments section below.

The Forest that is Health & Safety

Health & Safety in the workplace, ah, that saying that could bring shivers down your spine, yet making you show the thumbs up and a wink to the person that mentioned it.

Let’s be honest, as South Africans, who are they to tell us about health & safety? We cook our meat over open flames, dodge taxis in traffic as if we were driving stock cars around a race car track, and face fearless striking workers on a monthly basis.

We’ve always been pretty capable of amazing things! One could just take a step back and look at our history to see the proof of that!

"It's fine," or "Don’t worry about it," or "I’ll just take the employee to the hospital," or "Easy peasy,” is the response most of you have when asked what you intend to do when blood hits the fan. And yes, some of you could argue that there are no real risks at your workplace and that could very well be the case for you. But for the majority of the workplaces in South Africa, risks, hazards and injury hang over each workers head like a bad rain cloud waiting to shower it’s victim with misery.

The question you have to ask yourself is, how big a cloud is hanging over your employee’s heads, and do you have enough buckets, or deep enough buckets to catch the downpour of rain.

I challenge you to an adventure! ‘Klap’ on a pair of steel capped safety shoes, a ‘lekker’ hard hat and venture forth into the jungle of your workplace. Take heed of the dangers you might find there, you’ll find dangers lurking around every corner, ones you can see and ones you cannot see. And Murphy ’s Law will have it that the ones you cannot see, will be the most dangerous.

However, you will not be alone in your quest. During your expedition you’ll encounter the amazing people of the jungle called the "Employeelites". These brave warriors head out in the treacherous forest to hunt, gather, and work the land for their families’ survival. Some of them make it through the days unscathed; whilst others perish into the forest lost to the eyes of their loved ones, or are left stranded by their house unable to work due to a lost limb or two.

Take note of all you see in your forest, the dangers, the people, the bad fruit and the revitalising streams. Take this knowledge you have back to your place of safety and leadership. Use it to make your very own “Safe way through the Forest Guideline” for the brave Employeelites sweating away at your instruction. We cannot get rid of all the dangers yes, but you can remove or minimize them, or alternatively teach your Employeelites to manage them and to work around them.

Don’t be the typhoon that sends his Employeelites home with an arm or leg missing. Don’t take away the freedom of playing rugby or soccer with his son. Or take away the ability to bake their first cake with their daughter.

You have the power within you to be the greatest leader of your workplace, to rise up and outshine all those equal to you. To be worshiped in the eyes of the Employeelites. All you have to do, is do, and not ignore. It’s as simple as that.

So I say again, health & safety in the workplace?

Sounds different now, doesn’t it?

Countdown to 2014!

It's almost that time of the year again, where we head into the festive season, close off another year and look forward to the year that lies ahead.

From all of us at Skills we'd like to thank you for your continued support throughout 2013. We look forward to meeting up again with you in 2014 for another successful year.

If you and your loved are going away this weekend, please be sure to keep it safe.

Remember accidents hurt, safety doesn't!

Summer Sun Safety Part 5

Before we end off our Summer Sun Safety series, let's take a look at what we've learnt over the last few weeks.

It is important to know about the different rays the sun has and how they are harmful to your skin.
The tips to prevent sun damage include: Avoiding the strongest rays & covering up, make use of sun screens, use of protective eyeware & checking your medication.

A sun burn can sneak up on you though, especially if you're having fun out in the sun and you don't realise it. If you or any member of your family does get a sun burn, these tips may help you:

• Have cool (not cold) bath, or gently apply cool, wet compresses tot he skin to help alleviate pain and heat.
  
• To ease discomfort, apply pure aloe vera gel (available from your pharmacy) to the sun burnt areas.
  
• An anti-inflammatory, like ibuprofen, will also help lessen pain and itching.
  
• Apply topical moisturizing cream to rehydrate the skin and treat itching. (Do not use petroleum-based products, because they prevent excess heat and sweat from escaping. Also, avoid first-aid products that contain benzocaine, which may cause skin irritation or allergy.)

If the sun burn is severe and blisters develop, then call your doctor immediately. Do not scratch, squeeze or try to pop the blister until you've consulted your doctor as they might lead to infections and/or scarring. Also remember to stay in the shade until the sun burn has completely healed. Any exposure to the sun may will only increase the severity of the sun burn.


With that we end our series on Summer Sun Safety. Make sure you've educated your family as well so that they can protect themselves too!