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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Codes of Good Practice

Code of Good Practice on the Arrangement of Working Time

3. Relationship to Health and Safety Laws


3.1 The regulation of working time is closely connected to the protection and promotion of the health and safety of employees and, in some cases, members of the public.


3.2 Employers may be required to take working-time schedules into account in complying with their general duties to provide and maintain a working environment that is safe and without risk to the health of employees in terms of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), (OHSA) 85 of 1993 and the Mine Health and Safety Act, 1996 (Act No. 19 of 1996), (MHSA).


3.3 Key aspects of these Acts are the following:
3.3.1 Employers must conduct a risk assessment. This requires that they identify hazards and assess the risk that they pose to the health and safety of employees. The results of the risk assessment must be recorded.
3.3.2 Employers must implement appropriate measures to eliminate or control hazards identified in the risk assessment.
3.3.3 Employers must train and supply information to employees about the risks to their health and safety and the measures taken to control such risks.
3.3.4 Elected worker health and safety representatives and committees are entitled to participate in the risk assessment and control of hazards.
3.3.5 Employees have a duty to take reasonable steps to protect their own health and safety and that of other employees.


3.4 Employers who engage employees to perform regular night work' must ensure that these employees are informed of the health and safety hazards associated with the work that they would perform. This provision of the BCEA reiterates the obligation on employers in terms of OHSA and MHSA.