Health and Safety in small business
The concept of Health and Safety in a small business is an awkward one. In fact for most people in their own business the Occupational Health and Safety Act, No 85 of 1993 applies only to large companies and not to them. The act however, does not distinguish a large company from a small one man owned business. The Occupational Health and Safety act 85 of 1993, “requires the employer to provide and maintain as far as reasonable and practical, a work environment that is safe and without risk to the health of employees.” It goes further to say “This means the employer must ensure that the workplace is free of hazardous ergonomics and substances, microorganisms etc, which may cause injury or diseases.” The Act does not specify the size of the business in operation. So yes, small business owners are in fact also required to adhere to the act, even a one man business or a small business that has only one or two employees.
The act and small businesses
The act states that all companies need to have a health policy which is “applicable to all employees and all work places, as well as persons other than employees.” I think what most small business owners believe is that the policy is there to create expense and is therefore considered a grudge purchase. Furthermore, the Department of Labour states “the Occupational Health and Safety act is in place” not only for employees but also “for the general public from being harmed when visiting a business premises for whatever reason.”
So what is the purpose of the act? The purpose of the act is to establish a minimum set of standards and requirements of occupational health and safety within the workplace.
Many small business owners do not see their workplace as a potentially dangerous working environment and often compare the risk factors in their business to those of a mine or a heavy manufacturing plant. However, employees can be hurt even in a small office environment or in an apparently safe small business. Therefore, employers should do whatever possible to prevent injury and have personnel regularly trained to deal with any emergency.
The act does not only apply to employers but also obliges employees not to put themselves or others in danger. For example employees are expected to wear protective equipment whilst employers are expected to provide personal protective equipment. The employee may not act in a negligent manner or fail to cooperate with the employer in this regard.
Department of Labour Inspectors
The Department of Labour’s inspectors will inspect companies, large and small alike. Inspectors visit companies to check compliance. Inspectors will investigate any incident in which there is an injury or any complaint in the workplace made to the Department of Labour. Inspectors can and will enforce the law if there is a violation of the act. The same penalties apply to small and large companies. If there is a serious violation or in cases where there are serious injuries or death, inspectors even have the power to close the operation until a further investigation is done.
It is implicit in the act that it is the company’s responsibility to ensure that they are informed about what the law requires and to ensure that they do comply. For example companies are required to report injuries occurring in the workplace to the Department of Labour as soon as possible, but no later than 7 days after the incident.
People tend to think that the most common workplace injuries are traumatic injuries, such as amputation of a finger or a limb. Yet, the most common workplace injuries are slipping, tripping, chemical exposures, falling from heights, strains, sprains, noise damage, electrical injuries and burns caused by workplace fires.
So where does a small businessman start, when trying to ensure compliance with the act?
The best way to prevent injury is for the business owner or manager to become informed. Contacting the Department of Labour is very helpful; there is plenty free literature available that will help to get a good basic understanding of the law. Once you have basic knowledge of the law and have a basic understanding of what is required from you as an employer, my advice is to contact a company that is an expert in this area. They will do a risk assessment of your workplace, assist you to develop a safety policy and procedure for your company and even train you and your staff.
Being prepared and knowledgeable about safety in the workplace is the most effective way to prevent accidents and disasters. The only way to achieve this preparedness is through training, which should be started as soon as possible, it can be done even before your Work Skills Plan is submitted to the Department of Labour.
Health and Safety in small business
The concept of Health and Safety in a small business is an awkward one. In fact for most people in their own business the Occupational Health and Safety Act, No 85 of 1993 applies only to large companies and not to them. The act however, does not distinguish a large company from a small one man owned business. The Occupational Health and Safety act 85 of 1993, “requires the employer to provide and maintain as far as reasonable and practical, a work environment that is safe and without risk to the health of employees.” It goes further to say “This means the employer must ensure that the workplace is free of hazardous ergonomics and substances, microorganisms etc, which may cause injury or diseases.” The Act does not specify the size of the business in operation. So yes, small business owners are in fact also required to adhere to the act, even a one man business or a small business that has only one or two employees.
The act and small businesses
The act states that all companies need to have a health policy which is “applicable to all employees and all work places, as well as persons other than employees.” I think what most small business owners believe is that the policy is there to create expense and is therefore considered a grudge purchase. Furthermore, the Department of Labour states “the Occupational Health and Safety act is in place” not only for employees but also “for the general public from being harmed when visiting a business premises for whatever reason.”
So what is the purpose of the act? The purpose of the act is to establish a minimum set of standards and requirements of occupational health and safety within the workplace.
Many small business owners do not see their workplace as a potentially dangerous working environment and often compare the risk factors in their business to those of a mine or a heavy manufacturing plant. However, employees can be hurt even in a small office environment or in an apparently safe small business. Therefore, employers should do whatever possible to prevent injury and have personnel regularly trained to deal with any emergency.
The act does not only apply to employers but also obliges employees not to put themselves or others in danger. For example employees are expected to wear protective equipment whilst employers are expected to provide personal protective equipment. The employee may not act in a negligent manner or fail to cooperate with the employer in this regard.
Department of Labour Inspectors
The Department of Labour’s inspectors will inspect companies, large and small alike. Inspectors visit companies to check compliance. Inspectors will investigate any incident in which there is an injury or any complaint in the workplace made to the Department of Labour. Inspectors can and will enforce the law if there is a violation of the act. The same penalties apply to small and large companies. If there is a serious violation or in cases where there are serious injuries or death, inspectors even have the power to close the operation until a further investigation is done.
It is implicit in the act that it is the company’s responsibility to ensure that they are informed about what the law requires and to ensure that they do comply. For example companies are required to report injuries occurring in the workplace to the Department of Labour as soon as possible, but no later than 7 days after the incident.
People tend to think that the most common workplace injuries are traumatic injuries, such as amputation of a finger or a limb. Yet, the most common workplace injuries are slipping, tripping, chemical exposures, falling from heights, strains, sprains, noise damage, electrical injuries and burns caused by workplace fires.
So where does a small businessman start, when trying to ensure compliance with the act?
The best way to prevent injury is for the business owner or manager to become informed. Contacting the Department of Labour is very helpful; there is plenty free literature available that will help to get a good basic understanding of the law. Once you have basic knowledge of the law and have a basic understanding of what is required from you as an employer, my advice is to contact a company that is an expert in this area. They will do a risk assessment of your workplace, assist you to develop a safety policy and procedure for your company and even train you and your staff.
Being prepared and knowledgeable about safety in the workplace is the most effective way to prevent accidents and disasters. The only way to achieve this preparedness is through training, which should be started as soon as possible, it can be done even before your Work Skills Plan is submitted to the Department of Labour.