Basic HSE Acts and legislation
January 29th, 2010
Health, safety and environmental legislation apply to all employers, organisations and operations. Below is a list and brief description of the most prominent HSE Acts in South Africa.
The full text, together with summaries of relevance to each operations, process and job description, should be kept in an organisational legal register, and copies of the relevant sections should be given end explained to each employee during induction training and job training, advises Sheqafrica.com editor Edmond Furter.
Some Acts require organisations to keep records of certain data relevant to Sheq, like training, measurements of exposure, effluent, resource use, waste types and volumes, and waste management measures.
== Occupational Health and Safety Act, 85 or 1993
The OHS Act;
Prescribes certain safety responsibilities and duties for organisation owners and directors
Mandates organisations to implement safety requirements specific to their activities
Regulates the safety responsibilities and structures of organistaions
Ensures compliance by penalties
== Construction Regulations
Construction Regulations under authority of the OHAS Act, provides for the health and safety of construction workers and the public, as well as some environmental protection measures that require operators to;
Prevent pollution and ecological degradation
Promote conservation
Secure ecologically sustainable development and use of natural resources
Promote justifiable economic and social development
== Compensation for Occupational Injuries and Diseases Act, 130 of 1985
The COID Act provides for;
Compensation for occupational injuries and diseases sustained at work
A scale of benefits for employees injured on duty
Insurance for employers against civil claims from employees
== Disaster Management Act, 57 of 2002
The DM Act provides for;
Structured planning for disaster response and recovery
Allocation of funds to assist in disaster recovery
== Explosives Act, 15 of 2003
The Explosives Act provides for;
Control of explosives at workplaces and in transit
Certification for companies in handling and manufacturing explosives
== Hazardous Substances Act, 1973
The Hazardous Substances Act provides for;
Safe handling, manufacturing and transportation of hazardous substances
Schedules for various types of substances
=== National Health Act, 61 of 2003
The National Health Act provides for;
Healthy operations in the food industry
Sandards for food and beverages to ensure the health of consumers
== National Environmental Management Act
NEMA establishes;
Principles for decision-making on environmental matters
Procedures and institutions to promote public participation in environmental management
A ‘polluter pays’ principle provides that ‘the costs of remedying pollution, environmental degradation and consequent adverse health effects and of preventing, controlling or minimising further pollution, environmental damage or adverse health effects, must be paid for by those responsible for harming the environment.’
NEMA imposes a duty of care on every person who causes, has caused or may cause significant pollution or degradation of the environment, to take reasonable measures to prevent the pollution or degradation of the environment from occurring, continuing or reoccurring.
In so far as such harm to the environment is authorised by law, or cannot reasonably be avoided, NEMA requires that the pollution or degradation must be minimised and rectified.
NEMA makes provision for damages to be awarded by the courts where loss or damage has occurred as a result of a contravention of certain environmental statutes. In addition, some offences under certain environmental statutes like the National Water Act, and the Environment Conservation Act, may result in penalties being imposed in terms of NEMA.
== Environment Conservation Act, 73 of 1989
The Environment Conservation Act requires a prescribed assessment regime for reporting the potential environmental impact of listed activities. The regime includes environmental impact assessments (EIAs)
== National Water Act, 36 or 1998
The National Water Act;
Recognises water as a natural resource of all people
Regulates the manner in which persons obtain the right to use water
Provides for just and equitable utilisation of water resources
Identifies sustainability and equity as central guiding principles in the protection, use and management of water resources.
Guiding principles recognise;
• Basic human needs of present and future generations
• Need to protect water resources
• Need to share some water resources with other countries
• Need to promote social and economic development through waster use
== Environment Conservation Act, 73 of 1989
The Environment Conservation Act provides for protection and control of the environment.
Following the enactment of NEMA, a number of the provisions of the Environment Conservation Act have been repealed or assigned to provincial authorities. The remaining provisions of the Act deal with littering, waste management, and making regulations on various matters, such as exposures to noise, vibration and shock.
== Waste Act
The Waste Act protects health, well-being and environment by providing reasonable measures for;
Minimising the consumption of natural resources
Avoiding and minimising the generation of waste
Reducing, re-using, recycling and recovering waste
Treating and safely disposing of waste as a last resort
Preventing pollution and ecological degradation
Securing ecologically sustainable development while promoting justifiable economic and social development
Promoting and ensuring the effective delivery of waste services
Remediating land where contamination presents, or may present, a significant risk of harm to health or the environment
Planning and reporting on integrated waste management
Public awareness of the impact of waste on their health, well-being and environment
Effect of section 24 of the Constitution to secure an environment that is not harmful to health or well-being.
* Source; Johannesburg City Parks legal register. For legislation amendmends, updates, compliance and enforcement trends, visit Sheqafrica.com or HealthandSafetyAct .com
PHOTO CAPTION; Some Acts require organisations to keep records of certain data relevant to Sheq.
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