OF HEALTH AND SAFETY LEGISLATION
2.5.1 Employees’ awareness of the right to health and safety
Some scientists suggest that employees need to be aware of their rights and obligations in health and safety. Employees need to be aware that it is their right to work in a safe and healthy working environment (Allie 2008:17). Employees have the right to adequate knowledge about health and safety and a right to stop work in case of imminent danger to their safety or health (Allie 2008:20). Health and safety in the workplace is not only the responsibility of the employer, but also that of the employees. According to section 14(a) of the Occupational Health and Safety Act (No. 85 of 1993), employees have the responsibility to take care of their own safety and of other persons who may be affected by their act or omissions (OHS Act No. 85 of 1993:10; Allie 2008:19). A report published by the British Meat Processors Association (2014:7) indicates that employees have the responsibility to report accidents, near misses and work-related health problems. Employees should also be aware of the need for them to know health and safety rules. Section 14(c) of the OHS Act (No. 85 of 1993:10) requires the employees to carry out any lawful order given to them and obey health and safety rules and procedures laid down by their employer or by anyone authorised by their employer in the interest of health and safety (Allie 2008:19; OHS Act No. 85 of 1993:10).
In addition, employees need to understand the health and safety rules in order for them to competently carry out the safety and health aspects of their duties and responsibilities (Taderera 2012:104). Furthermore, employees should be able to identify hazards in their work environment and promote safer work practices which will
result in the reduction of workplace injuries and diseases (Pouliakas & Theodossiou 2010:12).
Further, employees need to be aware that their employers are responsible for their health and safety in the workplace and for creating a safe and positive culture in the workplace (Machabe & Indermun 2013:31). According to the literature review, top management commitment, leading by example, provision of adequate health and safety information, instruction, supervision and training to employees including sufficient motivation, promotes a more positive health and safety culture among them and improves safety performance (Wolska & Namies’nik 2007:462; OHS Act No. 85 of 1993:8; Machabe & Indermun 2013:14).
2.5.2 Employee consultation and participation
Employee consultation means the need for employers to share information with the workers, giving workers a reasonable opportunity to express their views and taking those views into account before making decisions on health and safety matters (Clarke 2013:6; SafeWork Australia 2011:5). The Pan American Health Organisation (PAHO) (2006:23) report states suggests that consultation can lead to improvement in health and safety practices as employees become aware of the hazards in their work. It is imperative for consultation to take place as early as possible especially when there are changes being planned in the organisation (PAHO 2006:23). The health and safety policy statement should clearly state the importance of employee participation in health and safety matters in order to prevent occupational injuries and illnesses (Allie 2008:47). The ILO has emphasised that the employer should ensure that workers and their safety and health representatives are consulted, informed and trained on all aspects of OSH, including emergency arrangements associated with their work (ILO- OSH 2001:6)
Worker participation is an essential strategy that should be adopted by employers to manage workplace risks (Hughes et al 2013:24). Worker participation is referred to as an engagement of workers with supervisors, managers or employers on health and safety matters (ILO 2010:13). It is a legislative requirement for employees to participate in nominations and selection of their health and safety representatives as stipulated in section 17(2) of the OHS Act (No. 85 of 1993), where there are more than 20
employees as required by section 17(1) of the Act (OHS Act No. 85 of 1993). The report from the DoL (2012:12) further notes that the role of the health and safety representatives is to review the effectiveness of health and safety measures, in collaboration with the employer to examine the causes of incidents at the workplace, to investigate complaints by any employee on health and safety matters, and to present the afore mentioned to the health and safety committee.
2.5.2.1 Forms of consultation and employees’ involvement in OHS
The report by The Pan American Health Organisation (PAHO) (2006:23) presents various forms of consultation which include:
Involvement of employees in the development of policies, procedures and plans of action for hazard identification and risk assessments (HIRAs).
Participation in solving problems related in health and safety matters in the organisation.
Participation of employees in workplace inspection; accident and incident investigation and reporting through the work of OHS representatives and OHS committees as well as reviewing accident statistics.
Consultation with employees or their representatives about key occupational health and safety matters. This can include exchanging ideas with supervisors, discussion in the committees and the use of surveys.
Employees’ involvement in senior management, workers and the labour union.
Employer’s guarantee that employees have access to all relevant information and training on health and safety matters.
Involvement of employees in health and safety matters also means ensuring that they take part in incident investigation and reporting of accidents and unsafe conditions individually or through their OHS representatives and OHS committees as well as reviewing accident statistics (PAHO 2006:23).
2.5.2.2 Benefits of effective consultation
A report published by the ILO revealed that effective consultation promotes good practice in health and safety management and reduction of occupational injuries and fatalities (ILO 2010:36). The ILO further asserts that effective consultation with the employees through their health and safety representatives is also important because the health and safety representatives represent the employees’ interests and they are at a better position to lobby for improvement and enforcement of health and safety legislation and compliance thereof (ILO 2010:18). A report by The Australian Government (2005:10), the benefits of effective consultation include increased employee morale and productivity; improved management decision on OHS matters; a healthier working environment, reduction in the incidents and their severity; employee commitment to OHS and ownership of the outcomes of the consultation as well as effective lines of communication with employees knowing who to contact about OHS matters.
According to ILO (2010:25), the factors that affect consultation at work include the following:
Strong occupational health and safety legislative enforcement.
Management commitment to health and safety matters.
Management commitment to employee participative approach.
Consultation and communication between health and safety representatives and the employees.
Competent management of hazard identification and risk assessments and control.
Effective workplace inspection and control.
Effective autonomous worker representation at the workplace.
Failure in consultation arrangements leads to a negative health and safety culture and an increase in workplace injuries and diseases. In order to improve health and safety culture and compliance with the OHS legislation in the organisation there should be stringent enforcement of OHS legislation and management commitment, and therefore improve productivity, while mandatory training in OHS matters can improve awareness
and thus reduce workplace injuries and diseases (Umeokafor, Umeadi & Jones 2014:11). According to these authors, an organisation with a robust safety culture tends to have a lower accident rate than one with a weak safety culture (Umeokafor et al 2014:8).
Clear and constructive safety communication systems, such as notice boards, newsletters, instructional leaflets, posters and videos can improve knowledge and understanding about OHS (Vecchio-Sadus 2007:1). Small instructional leaflets and a company newsletter are suitable for general distribution, while posters can be used to overcome language problems through the use of illustrations and symbols (Vecchio- Sadus 2007:4).
2.5.3 Employee training in health and safety
Employee training in health and safety is an essential element of the health and safety management programme and ensures that workers assume their duties competently and safely, thereby strengthening a culture of prevention at work. According to the ILO, employers must recruit competent staff supportive of all aspects of the organisation’s OHS management system (ILO 2001:18). Training is required for new employees and young workers and should be repeated periodically, particularly if there are changes introducing new risks. Hughes and Ferret (2011:512) stated that training can be incorporated into new employee initiation or induction or carried out where employees may be exposed to new hazards. Training should focus on workplace health and safety rules (standards) workplace hazards and their risks to workers, controls in place and use of Personal Protective Equipment (PPE) (PAHO 2006:27).
2.5.4 Provision and utilisation of personal protective equipment
According to Tsai (2009:112), Chinese immigrant restaurant kitchen workers in the USA do not use their protective gloves to wash the dishes because they feel that wearing them makes it difficult for them to do their work because the sizes of the gloves are too small. Similarly, a study conducted to understand occupational injury occurrence and the associated factors in the fish processing industries in Western India revealed that Indian women employees in the fish processing industry neglected to use protective gloves because they felt that wearing them made it difficult for them to do their work,
and as a result they developed occupational dermatitis after extended exposure of handling the fish with their bare hands (Saha, Nag & Nag 2006:23).