COMPANY SAFETY, HEALTH AND ENVIRONMENTAL MANAGEMENT SYSTEM


The Occupational Health and Safety Act 85, 1993 & Construction Regulations, 2003 and the implementation thereof has become the focal point of inspections done by the Department of Labour in recent times due to the frequency of incidents/accidents reported, and the obvious neglect by the business sector in our country as to the implementation thereof. (280.000 claims are submitted to the Compensation Commissioner annually)

The Department of Labour has adopted a policy of zero tolerance following the Lenasia fire where 11 lives were lost when workers were trapped in a factory full of flammable chemicals.

The OHS Act 85 of 1993 under Section 38 (1) entitled - Offences, penalties and special orders of court – states that any person, whether employer or employee found willfully contravening or negligent in the implementation of the Act shall be guilty of an offence and on conviction be liable of a fine not exceeding R50 000.00 or to imprisonment for a period not exceeding 1 year or to both such fine and such imprisonment. Should any employer be convicted for negligence as to the implementation of the Act where the death of an employee has occurred shall on conviction be liable to a fine not exceeding R100 000.00 or to imprisonment not exceeding 2 years or to both such fine and such imprisonment.

Flame OHS Consultants specialize in the full implementation of the OHS Act and are committed to keeping your company within the law at all times and being appointed as your Health and Safety Co-ordinaters will be present at any inspection by the Department of Labour to answer any queries relating to the Act.

INTRODUCTION

Flame OHS Consultants operates as a business with the purpose of managing and controlling the Occupational Health and Safety Act no. 85 of 1993 including the Construction Regulations of 2003 and the Compensation for Occupational Injuries and Diseases Act of 1993 (COIDA) through service, advice and consultation.

The employer has the responsibility to identify all possible risks in the workplace; then to inform his employees and ensure that they are not exposed to these risks in the course of their employment; that these risks should be eliminated or reduced through education, training and an improved safe and healthy environment.

We provide a service to ensure that legal requirements, regarding health and safety are implemented.





Services to include:

1.    Health and Safety Program
a)    Health and Safety Plan
b)    Basic Risk Assessment
c)    Implementation of safety file
Including:
o    Introduction of all relevant policies. (Safety, Environmental etc.)
o    All legal appointments to be done in terms of the OHS Act 85, 1993
o    Election, appointment and induction of Health and Safety Representatives.
o    Establishing of the Health and Safety Committee.
o    General Safe Working Procedure training to be done with all employees on site. Including introduction to the Site Safety Plan.
o    Ensuring that all relevant site signage is displayed.
o    Implementation of PPE Issue Record Book.
o    Incident / accident investigation.
o    Monitoring of all Workman’s Compensation claims.
o    Job observations and task analysis.
o    Compiling and presentation of safe working procedure training resulting from the risk assessments.
o    Monthly Feedback Reports submitted to the client.
o    Representing the client at all site meetings or inspections relating to Health and Safety program.
o    Client representation with all site visits done by the inspectorate of the Department of Labour.

2.    Monthly Audits
Monthly external audit on Health and Safety file in adherence with Construction Regulation 4 and 5 of 2003





Responsibilities of Client, Principal Contractor and Contractors(Subbies).



Tenders:

Client

4.     (1). A client shall be responsible for the following  in order to ensure compliance with the provisions of the Act¾

(g)      To ensure that potential principal contractors submitting tenders, have made provision for the cost of health and safety measures during the construction process.


Principal Contractor


5. (1)
(f)    To ensure that potential contractors submitting tenders have made provision for the cost of health and safety measures during the construction process.

Health and Safety Specification / Plan

Client

4.(1)  (a) to prepare a documented health and safety specification for the construction work,  and provide any principal contractor who is making a bid or appointed to perform construction work for the client with the same;

(e)  to stop  any  contractor from executing construction  work,  which  is  not in accordance with, the principal contractor’s health and safety plan contemplated in regulation 5 (1) for the site or which poses a threat to the health and safety of persons;



Principal Contractor:



5(1)   A principal contractor shall provide and demonstrate to the client a suitable and sufficiently documented health and safety plan, based on  the  client’s  documented  health  and  safety  specifications  contemplated  in  regulation 4 (1) (a), which shall be applied from the date of commencement of and for the duration of the construction work.





(3)   A  principal  contractor  shall  be  responsible  for  the  following  in  order  to  ensure compliance with the provisions of the Act—

(a)    to  provide  any  contractor  who  is  making  a  bid  or  appointed  to  perform construction work for the principal contractor, with the relevant sections of the health and safety specifications contemplated in regulation

(d) to  stop  any  contractor  from  executing  construction  work,  which  is  not  in accordance with, the principal contractor’s and/or contractor’s health and safety plan for the site or which poses a threat to the health and safety of persons;


Contractor (Subby)

5(4)     A contractor shall provide and demonstrate to the principal contractor a suitable and sufficiently documented health and safety plan, based on the relevant sections of the principal contactor’s health and safety specification contemplated in regulation 5(3)(a) provided by the principal contractor, which plan shall be applied from the date of commencement of and for the duration of the construction work.



Audits

Client

(g)    to take reasonable steps to ensure that each principal contractor’s health and safety plan as determined in sub-regulation 5(1) is implemented and maintained on the construction site: Provided that the steps taken, shall include periodic audits at intervals mutually agreed upon between the client and principal contractor, but at least once every month;












Principal Contractor



(c)    to take reasonable steps to ensure that each contractor’s health and safety plan contemplated in sub-regulation (4) is implemented and maintained on the construction site: Provided that the steps taken shall include periodic audits at intervals mutually agreed upon between the principal contractor and contractor(s), but at least once every month;




Offences and penalties

30. Any person who contravenes or fails to comply with any of the provisions of regulations 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28, shall be guilty of an offence and liable upon conviction to a fine or to imprisonment for a maximum of 12 months and, in the case of a continuous offence, to an additional fine of R200 for each day on which the offence continues or additional imprisonment of one day for each day on which the offence continues: Provided that the period of such additional imprisonment shall not exceed 90 days.


Thank you for the opportunity given to us for submitting our services to your organization.

We trust to do future business with you.



Jan De Lange
E-Mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Cell : 084 505 3066

Tiaan Taljaard   
E-Mail : This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Cell : 083 263 0431

Ryno Duvenhage
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Cell : 079 020 8992