ICFR – Chainsaw Safety and Operating Handbook
3
1.
STATUTORY REQUIREMENTS
1.1
g
enerAl
dutieS
of
employerS
According to the Occupational Health and Safety
Act (Act 85 of 1993) Section 8, the general duties of
employers to their employees are as follows:
1) Every employer shall provide and maintain,
as far as is reasonably practicable, a working
environment that is safe and without risk to the
health of his employees.
2) Without derogating from the generality of an
employer’s duties under subsection (1), the matters
to which those duties refer include in particular:
a) the provision and maintenance of systems of
work, plant and machinery that, as far as is
reasonably practicable, are safe and without
risks to health;
b) taking such steps as may be reasonably
practicable to eliminate or mitigate any hazard
to the safety or health of employees, before
resorting to personal protective equipment;
c) making arrangements for ensuring, as far
as is reasonably practicable, the safety and
absence of risks to health in connection with
the production, processing, use, handling,
storage or transport of articles or substances;
d) establishing, as far as is reasonably practicable,
what hazards to the health or safety of persons
are attached to any work which is performed,
any article or substance which is produced,
processed, used, handled, stored or transported
and any plant or machinery which is used in his
business, and he shall, as far as is reasonably
practicable, further establish what precautionary
measures should be taken with respect to such
work, article, substance, plant or machinery in
order to protect the health and safety of persons,
and he shall provide the necessary means to apply
such precautionary measures;
e) providing such information, instructions,
training and supervision as may be necessary
to ensure, as far as is reasonably practicable,
the health and safety at work of his employees;
f) as far as is reasonably practicable, not
permitting any employee to do any work or to
produce, process, use, handle, store or transport
any article or substance or to operate any
plant or machinery, unless the precautionary
measures contemplated in paragraphs (b)
and (d), or any other precautionary measures
which may be prescribed, have been taken;
g) taking all necessary measures to ensure that
the requirements of this Act are complied
with by every person in his employment or
on premises under his control where plant or
machinery is used;
h) enforcing such measures as may be necessary
in the interest of health and safety;
i) ensuring that work is performed and that
plant or machinery is used under the general
supervision of a person trained to understand
the hazards associated with it and who has the
authority to ensure that precautionary measures
taken by the employer are implemented; and
j) causing all employees to be informed
regarding the scope of their authority as
contemplated in section 37(1) (b).
1.2 g
enerAl
dutieS
of
employeeS
According to the Occupational Health and Safety Act
(Act 85 of 1993) Section 14, the general duties of
employees at work are as follows:
a) take reasonable care for the health and safety of
himself and of other persons who may be affected
by his acts or omissions;
b) as regards 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;
c) 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;
d) if any situation which is unsafe or unhealthy
comes to his attention, as soon as practicable
report such situation to his employer or to his
health and safety representative for his workplace
or section thereof, as the case may be, who shall
report it to the employer; and
e) if he is involved in any 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
the reporting of the incident was not possible, in
which case he shall report the incident as soon as
practicable thereafter.
