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Labour Guide is a Services Seta Accredited Training Provider and has a memorandum of understanding (MoU) with ETDP Seta, SA Board for People Practices (SABPP) and HW Seta

 


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Health and Safety (OHS): Basic Compliance Course

 

(Full Day Course)

 

16 July 2013: Southern Sun: Elangeni & Maharani, Elangeni Towers: Durban

 

 Click here to download registration forms for Southern Sun: Elangeni & Maharani, Elangeni Towers: Durban

 

Course Content:

Module 1: Introduction

  • Importance of complying with health and safety legislation; by-laws; codes and standards
  • Purpose of the OHS Act and reasons for applying health and safety at work

Module 2: Overview of the Occupational Health and Safety Act

  • The OHS Act (Title; sections and regulations – update on changes)
  • Important definitions

 

Module 3: Legal Duties of the Different Role Players Involved In Health and Safety

  • Persons involved in health and safety
  • Requirements applicable to the employer
  • Responsibilities of the CEO
  • The general responsibilities of employers towards workers
  • Duties of employers to people other than employees
  • Duty of the employer to inform and communicate
  • Requirements applicable to workers
  • Requirements applicable to other contractors
  • Unlawful actions or failing to follow prescriptions on the side of the worker

 

Module 4: Health and Safety Representative and Committees

  • Health and safety representatives
  • OHS Act requirements applicable to health and safety representatives
  • When and how to appoint representatives
  • How many to appoint
  • Who to appoint
  • Facilities assistance and training
  • Rights, powers, functions and duties of representatives in terms of the OHS Act
  • Functions of representatives
  • Rights and powers of representatives
  • Health and safety committees4
  • OHS Act requirements regarding the establishment of health and safety committees
  • What is the purpose of health and safety committees?
  • When to form a committee
  • OHS Act requirements regarding the functions, duties and responsibilities of health and safety committees
  • Committee’s duties
  • Record keeping

Module 5: Important Health and Safety Sections

  • Health and safety policy
  • Copy of the act
  • Reporting of incidents
  • Type of incidents that must be reported by the employer to DoL
  • Recording of the incidents
  • The incident site may not be disturbed without approval from an inspector in the case where a person
  • Reporting by the employee           
  • Reporting of occupational diseases
  • Investigation of incidents
  • Certain deductions forbidden
  • Duty not to interfere with, damage or misuse things
  • Offences and Penalties
  • Contravening the sections of the OHS Act
  • Contravening the regulations of the OHS Act

Module 6: General Safety Issues

  • Teamwork
  • Safety rules and procedures
  • Housekeeping
  • Intoxication  
  • Workplace hazards
  • What is a hazard?
  • Hazards are typically categorized into different groups           
  • Safety, Ergonomic, Chemical agents, Biological agents, Physical agents, Psychosocial, Ventilation
  • Provision of adequate light           
  • Noise
  • Hazardous chemical substances
  • Workplace inspections and the reporting of deviations 

Module 7: Personal Protective Equipment and Symbolic Safety Signs

  • Personal protective equipment    
  • Why should we make use personal protective equipment?
  • Personal protective equipment must be 
  • The employer must provide the equipment and clothing
  • Typical protective equipment includes
  • Other prescriptions relating to protective equipment
  • Symbolic safety signs
  • Reasons for the use of symbolic safety signs
  • Different categories of signs

Module 8: Emergency Procedures

  • Necessity of emergency preparedness
  • Evacuation plans
  • Evacuation procedures for building occupants
  • What to do in the case of fire
  • On hearing the alarm
  • Disabled persons and evacuation           
  • First aid procedures
  • Site specific emergency plan 

Price:  

  • R 1590-00 (incl. Vat) per delegate
  • Price include course material, certificates, legislation and catering/ refreshments 
  • Safe and secure parking

For further information contact:

  • Deidre on (012) 666 8284
  • Fax:  (012) 666 8264
  • or phone Tinus Boshoff 083 659 2840
 
 

 

 

 

 

POPI and consent - don’t get caught in your own net

By Gillian Lumb, Director, Kara Meiring, Candidate Attorney, Cliffe Dekker Hofmeyr

 

2020 has given rise to many challenges for employers. The Protection of Personal Information Act 4 of 2013 (POPI) poses yet another challenge. Employers have a grace period of one year as of 1 July 2020 within which to ensure their compliance with POPI.

 

POPI distinguishes between the collection, storage and processing of personal information and special person information. Special personal information includes e.g. an employee’s race or ethnic origin, health or sex life, religious or philosophical beliefs and trade union membership. Securing an employee’s consent is one of the basis on which an employer can lawfully process both general and special personal information of its employees.

 

It is crucial for employers to understand the meaning and interpretation of consent within the context of POPI. While employers may hope for a “quick fix” to ensure compliance and trust that including a broad, “catch all” consent in employees’ contracts of employment will be suffice – this may not prove to be adequate in every instance. A general consent may be sufficient to cover some of the personal information that will be processed during the course of an employee’s employment, however employers should be aware of the risks associated with relying on blanket consents in every instance.

 

Section 1 of POPI defines consent as “any voluntary, specific and informed expression of will in terms of which permission if given for the processing of personal information”. Written consent is not expressly required. However, it will be for the employer in its capacity as responsible party to show that it has secured an employee’s consent where it is relying on consent. In the circumstances it is advisable for employees’ written consent to be secured.

 

The requirement that consent be voluntary, specific and informed means that there should not be any pressure or force placed on an employee to consent. The employee should also be sufficiently aware of the content of the processing given the requirement that the consent is informed.

 

The Information Regulator has yet to give guidance on the interpretation of consent in terms of POP. In all likelihood it will have regard to the General Data Protection Regulation 2016/679 (GDPR) which requires that the consent is unambiguous and must be given by a clear affirmative act. It may well be that the Information Regulator interprets consent restrictively in keeping with the GDPR.

 

In the circumstances clauses relating to the processing of personal information in employees’ contracts of employment which are aimed at securing employees’ consent to the processing, should at minimum set out the nature and scope of the personal information that is to be processed, the reason for the processing, consent to further processing, consent to collection from a source other than the employee and consent to the transfer of the information. The employees must be able to understand in clear language what they are consenting and the extent of the consent. Where necessary provisions should also be made specifically for the processing of special personal information.

 

Employers should bear in mind that POPI does not demand consent in every instance and that processing may take place without consent where e.g. the processing is required in terms of law, or for the purposes of protecting a legitimate interest of the employee.

 

Employers will need to determine on a case by case basis whether the processing which they wish to conduct falls within the scope of the consent which they may have secured from an employee in his or her contract of employment or whether they will need to rely on one of the other basis set out in POPI.

 

Both special and general personal information may be processed lawfully if the processing is necessary for the “establishment, exercise or defence of a right or obligation in law”. This would cover instances where e.g. an employer processes employees’ personal information to comply with its obligations under the Employment Equity Act.

 

An employer can process general personal information without an employee’s consent where such processing either protects a legitimate interest of the employee, or is “necessary for pursuing the legitimate interest of the responsible party or of a third party to whom it is supplied”. While the term “legitimate interest” is not defined in POPI, it is likely that the Information Regulator will seek guidance from the GDPR in this regard. The GDPR has established a three-pronged test in interpreting “legitimate interest” which considers purpose, necessity, and balance. It first asks, “Is there a legitimate reason or purpose for the processions?”, secondly “Is processing the information necessary for that purpose” and thirdly “Is the legitimate interest overridden by the interests of the data subject?

 

A determination is made as to whether there is a “legitimate interest” for the purposes of processing personal information based on the answers to these three questions.

 

So as not to fall foul of the provisions of POPI it is recommended that employers develop internal policies that will assist them in determining whether in each instance, personal information to be processed is covered by the general consent clause in an employee’s contract of employment alternatively, by one of the other basis for lawful processing. In the absence thereof, the employer will need to prepare and secure a further consent from the employee.

 

For more information, please contact Gillian Lumb at

Article published with the kind courtesy of Cliffe Dekker Hofmeyr www.cliffedekkerhofmeyr.com

 

 

 

 

 

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