Management Systems Development

Health and Safety Management Systems

Legal Obligation

It is a legal requirement for all Juristic Persons (organisations and companies) to have both a Health and Safety Management System AND a Chain of Command Structure and to ensure work is supervised by competent persons who form part of the Chain of Command Structure and that proper instructions are given.

Below is an extract from legislation: –

Appendix 4

MANAGERIAL RESPONSIBILITIES

The person legally responsible for ensuring that the provisions of the Occupational Health and Safety Act and Regulations of 1993 are implemented on behalf of the employer is the Chief Executive Officer (C.E.O.)

In the case of a company without a board of directors or a closed corporation, the Owner will be the C.E.O.

In the case of a State department, the C.E.O. is the Director General, not the Minister. [Section 16 of the OHS Act, 1993]

It is therefore incumbent on the C.E.O. that proper information, instructions, training and supervision, as far as practicable, are provided for the health and safety of employees. [Section 8(e) of the OHS Act, 1993]

The necessary enforcement measures to assure the health and safety of employees are effected through a chain of command structure.

All lifting machine operators must be informed about what they are allowed to do. [Sections 8(j) and Section 37(1)(b)].

The C.E.O. must ensure that a health and safety management system is in place to give effect to the Act and regulations.

Anyone delegated by the C.E.O. to perform certain duties regarding information, instructions, training and supervision for employees, through the management chain of command structure and who omits to do so is contravening the Act and regulations and may be prosecuted.

It is of utmost importance that: –

  • a Management System exists and is properly communicated and implemented
  • the Management System takes cognizance of Legal requirements
  • the Management System is always maintained and is reviewed and revised regularly

Your Management System need not be certified against International Standards, but doing so, or at least aligning it to International Standards is always a very good idea.

Your system MUST assist to ensure Legal Compliance and to protect you.

Every organisation in South Africa is legally obliged to implement a Health and Safety Management System. Whether or not your Management System is in an electronic or hard copy format, it is fundamental that any Management System must: –

  • be simple to understand and to implement (simply put, it must describe your internal processes – how things are done)
  • contain sufficient information to ensure everyone knows what to do, when and how to do it
  • be available so that any Employee (old or new) is able to access the information and act thereon
  • include processes to ensure Legal Compliance and so avoid litigation

Your Management System needs to describe ytoyur business processes and be simple but detailed enough so as to ensure no ambiguity as to roles, responsibilities and time-frames of your organisations requirements.

Consider integrating or aligning your Management Systems with Quality, Environmental and Health a Safety

Does your Management System allow a new Employee be pointed in the right direction and obtain enough detailed information to enable them to do their work without having to repeatedly ask?

Can an existing Employee access information to easily clarify a requirement?

Our team of specialists can assist with developing your Management Systems aligned with various International Best Practices and International Standards, including ISO9001:2015, ISO14001: 2015 and ISO45001:2018 getting you ready for certification. If you choose however to not have your Management Systems certified, it remains imperative that you do in fact document your processes in the form of a Management System.

By using the services of SHERQ Risk Management Group,  your Management System will be written by registered auditors, include your unique processes and be legally compliant. 

Our Auditors are also able to assist with a review / gap analysis of your current Management Systems and advise on identified potential areas for improvement.

For more additional assistance or information Contact Us