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Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

Driven Machinery Regulations, 1988

National Code of Practice for the Training Providers of Lifting Machine Operators (2015)

Appendices

Appendix 4 : Managerial responsibility

 

 

(1) The person legally responsible for ensuring that the provisions of the Occupational Health and Safety Act and Regulations of 1993 are implemented on behalf of the employer is the Chief Executive Officer (C.E.O.).

 

(2) In the case of a company without a board of directors or a closed corporation, the Owner will be the C.E.O.

 

(3) In the case of a State department, the C.E.O. is the Director -General, not the Minister.

[Section 16 of the Occupational Health and Safety Act, 1993]

 

(4) It is therefore incumbent upon the C.E.O. that proper information, instructions, training and supervision, as far as practicable are provided for the health and safety of employees.

[Section 8(e) of the  Occupational Health and Safety Act, 1993]

 

(5) The necessary enforcement measures to assure the health and safety of employees are effected through a chain of command structure.

 

(6) All lifting machine operators must be informed about what they are allowed to do.

[Sections 8(j) and Section 37(1)(b)].

 

(7) The C.E.O. must ensure that a health and safety management system is in place to give effect to the provisions of the Act and regulations.

 

(8) Anyone delegated by the C.E.O. to perform certain duties regarding information, instructions, training and supervision for employees, through the management chain of command structure and who omits to do so is contravening the Act and regulations and may be prosecuted.