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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Codes of Good Practice

Code of Good Practice for Employment and Conditions of work for Expanded Public Works Programmes

12. Health and Safety

 

 

12.1) Every worker has the right to work in a working environment that is safe and without risk to his or her health.

 

12.2) The management and every employer (contractor) engaged in an EPWP are required to do everything that is reasonably practicable to ensure the health and safety of persons working on programme.

 

12.3) Workers are required to perform their duties in a manner that does not endanger their health or safety or that of other workers or persons.

 

12.4) Behaviour that endangers the health and safety of others is a serious disciplinary offence for which a worker can be dismissed.

 

12.5) The management of an EPWP and each employer must:
• ensure that all workers are informed of any risks and dangers associated with their tasks;
• inform and train workers about the precautions and steps that must be taken to avoid or minimise risks and dangers to them or others;
• ensure all possible precautions and safety measures are in place to avoid risk and minimise dangers;
• not permit workers to perform tasks for which they have not been trained;
• provide workers with the necessary protective clothing such as hard hats, goggles, ear-plugs, boots and outer clothing required, as applicable, to complete their tasks in safety. These must be supplied free of charge and must be maintained, by the worker, in a clean state and in working order for use;
• provide First Aid kits on site;
• ensure that at least one person per site is trained to act as a First Aid Officer and that they are capable of providing First Aid to injured or ill workers;
• provide sufficient clean drinking water to all workers for the duration of the project;
• ensure that adequate sanitation is available to workers; and
• ensure all safety standards set are adhered to.

 

12.6) Workers must—
• perform their duties in a safe manner;
• wear all protective clothing issued;
• obey all safety rules and instructions;
• report any accident or near-miss incident to their employer (supervisor); and
• report any dangerous conduct by another worker to their employer (supervisor).

 

12.7) Employers must take particular care to ensure workers with a disability, pregnant workers or workers who are breast-feeding are not required to perform work that may endanger their health and safety or that of their child.