What are my responsibilities as Small Business Owner with Regard to Health & Safety?

What are my responsibilities as Small Business Owner with regard to Health & Safety?

If a fire breaks out in your office or building, would your employees know what to do or how to use the fire extinguishers? If someone is hurt or collapses, is there someone at your office who can provide basic first aid?

Recently, a customer at a shopping centre in Port Elizabeth collapsed, and there was no-one available on the premises that could assist with first aid.  The person passed away. 

The Occupational Health & Safety Act, No 85 of 1993 applies as general rule in all employment activities, irrespective of the size of the business, and especially where machinery is being used. It stipulates in Sections 8.1 & 9.1 that the employer is required to implement a Health and Safety Management System (HSMS) to deal with possible health and safety concerns, i.e.

8.1: 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.

9.1: Every employer shall conduct his undertaking in such a manner as to ensure, as far as reasonably practicable, that persons other than those in his employment who may be directly affected by his activities are not thereby exposed to hazards to their health and safety.

The bottom line is as follows:

• Firstly, you need a Health & Safety Policy, with guidelines, if needed, that describes how you will ensure the protection of the health and safety of your employees at work, including a description of your organization and the arrangements for carrying out and reviewing that policy.
• Secondly, train a Safety Officer (NQF Level 2) or Health & Safety Representative (NQF Level 3) to ensure someone in your organisation is adequately skilled and knowledgeable as far as health and safety issues in the workplace is concerned.  Should you have an incident at your place of work that requires investigation by SAPS or the Department of Labour, you would not want to be found negligent in your responsibilities as employer.   It may also save you from a R100 000 fine, two years in jail or both, if you prove to be non-compliant.
  • The benefits of having a trained person (Safety Officer or H & S Rep) on your premises are as follows: This person can –
    • do a proper risk assessment to identify hazards and potential hazards or incidents 
    • review the effectiveness of health and safety measures;
    • assist in examining the causes of incidents at the workplace and visit the incident site
    • assist in investigating complaints by any employee relating to that employee’s health or safety at work;
    • make representations on general matters affecting the health or safety of the employees at the workplace;
    • inspect the workplace and health and safety equipment at that workplace
    • cooperate with the DOL inspector should they visit
    • serve on the Health and Safety Committee, if a Committee is required

Questions to you, the small business owner:

• Does this include the safety and health of your customers who visit your premises?
• Does it mean that you need someone on your premises who is a certified First Aider and someone on your premises who has knowledge and skill when it comes to fire fighting?

Yes, it sure does, because that would be “reasonably practicable” of you as employer to safeguard the health and safety of your employees and customers visiting your premises.  

Furthermore, who better to demonstrate e.g. the use of fire extinguishers to the rest of the staff (which is a must) or a basic staff development session on assisting someone with e.g. common injuries or conditions such as an allergic reaction, than someone who is properly trained? The emphasis is on providing valid and verifiable proof that you have adequately trained your employees.

Our recommendations to all small business owners, are therefore as follows:

Business Size	First Aider	Fire Fighter	Safety Officer (NQF Level 2)	H & S Rep (NQF Level 3 and above)	Safety Committee
Business size of 5 and more	You need a First Aider for at least every shift.  If you work office hours only, one is sufficient per day, though if that person is on holiday / sick, you’ll need someone else to stand in.	Exactly the same would apply as for the First Aider.	Train and appoint a safety officer who will be able to guide you in terms of the OHS Act minimum requirements. The Safety officer can be a first aider and fire fighter.	This position is reserved for larger companies (20 and more) and responsibilities and abilities are more advanced.  This person must undergo all lower level training to complete the Level 3 training.	For a business size 10 or more, though the Act states “irrespective of size of company. Safety Officer, first aiders and fire fighters form part of this committee.  You need proof that monthly meetings are held and that safety and health related issues were discussed based on the monthly check.

 

The table below gives you an idea of the differences between the knowledge and skills of the Safety Officer and the H & S Representative.

Safety Officer (Recommended for small businesses)	Health & Safety Representative (Recommended for larger businesses (20 employees and more)
Recommended for any small / micro business with 5 or more employees.	Recommended for any additional 20 employees, add another H & S Representative.
This person can: Identify basic hazards, make recommendations to reduce or remove these, is able to draw up a safety plan and assist in compiling a safety policy, knows how to identify and use fire extinguishers, can do a basic incident report, and knows basic legislative requirements and who the authorities are to report to, and knows the basics of injury on duty related procedures. This person is normally a supervisor or team leader i.e. working with the rest of the employees. The Safety Officer reports to the Safety Rep.	This person: Has undergone Safety Officer training, so already has the background, and now has more advanced knowledge of relevant legislation, incident investigation techniques, company specific practices, environmental protection issues, can apply sector and workplace standards, knows who all other role players are their responsibilities. This person’s main responsibilities are daily safety and incident reporting i.e. they are employed in the position of Safety Rep. This applies especially to large companies.  In a smaller company, the safety responsibilities may be in addition to a particular position. The Safety Rep reports to HR Management.

Choose wisely before you send someone on training; if you are unionized, ensure that the Union is given opportunity for input in terms of who is trained. Make sure that you have duly appointed your Safety Officer / H & S Rep, first aider and fire fighter for these duties and that you include these in the individual’s job description.

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