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Health and Safety Representative and Committee Training Course

Full Day Workshop

 

(including COVID-19 involvement)

 

 

19 November 2020 (08:30 - 16:00) Interactive Online Course

 

 

Online booking form

 

 

Click here to download registration forms for 19 November 2020 (08:30 - 16:00) Interactive Online Course

 

 

Course Content

 

Unit 1: Introduction 

1.1 Health and Safety and COVID-19 related law in South Africa

1.2 Objectives of the Occupational Health and Safety Act and Consolidated Directions on Occupational Health and Safety Measures in Certain Workplaces (DEL - 1 Oct 2020)

1.3 Importance and purpose of conducting Safety Health and Environmental (SHE) representative activities

1.4 Benefits of resolving SHE and COVID-19 related issues

 

Unit 2: Layout of the Occupational Health and Safety Act and Regulations

2.1 Sections of the Occupational Health and Safety Act  

2.2 Regulations of the Occupational Health and Safety Act

2.3 Important terms and definitions of the Occupational Health and Safety Act

2.4 Legislation applicable to COVID-19

 

Unit 3: Legal Structures of the Occupational Health and Safety Act

3.1 Role players in the SHE process

3.2 Legal structures of the Occupational Health and Safety Act

 

Unit 4: Duties and responsibilities of employers, employees and other persons 

4.1 Requirements applicable to the employer

4.2 Legal appointment and responsibilities relevant to the COVID-19 Compliance Officer

4.3 Requirements applicable to employees

4.4 Requirements applicable to persons like third parties

 

Unit 5: Health and safety representative and committees (including COVID-19 involvement) 

5.1 Requirements applicable to a Health and Safety Representative

5.2 Requirements applicable to a Health and Safety Committee

 

Unit 6: Practical health and safety prescriptions 

6.1 Health and Safety Policy

6.2 Copy of the OHS Act

6.3 COVID-19 classification; medical surveillance; monitoring and exposure at workplace

6.4 Reporting of injuries and occupational diseases

6.5 Recording of incidents (record keeping)

6.6 Incident investigations

6.7 Certain deductions prohibited

6.8 Duty not to interfere with, damage or misuse things

6.9 Housekeeping

6.10 Personal protective equipment

6.11 Symbolic safety signs

6.12 First aid and first aid boxes

6.13 Stacking and storing of articles

6.14 Use of ladders

6.15 Flammable liquids

6.16 Use of machinery

6.17 Sanitation and conditions of bathrooms and facilities

6.18 Hazardous chemical substances (HCS)

6.19 Offences and Penalties

 

Unit 7: Performing health and safety activities 

7.1 The importance of participating in the activities within the SHE structures.

7.2 Importance of teamwork

7.3 Refusal to work due to exposure to COVID-19

7.4 Consultation and communication with other parties within the organisation 

7.5 SHE inspections

 

Study Unit 8: Performing basic risk assessments

8.1 Reasons for risk assessments

8.2 What is meant by the term ‘‘risk assessment’’

8.3 What is a hazard?

8.4 Using ‘‘the five-step risk assessment method’’

 

Purpose of the course 

It will empower learners to be able to perform safety, health and environmental representation activities and to know health and safety legislation relevant to the functions, duties and responsibilities of a Health and Safety Representative and the Health and Safety Committee at a working place.

 

The qualifying learner will be capable of:  

  • Explaining the specified requirements to conduct safety, health and environmental representation activities at a working place

  • Describing the legislative framework of workplace health and safety legislation, legislation pertaining to health and safety representatives and committees, and the effect on the duties of health and safety representatives of health and safety legislation pertaining to the employers and employees (including contractors)

  • Participating in the actions to address safety, health and environmental related issues.

  • Participating in activities within safety, health and environmental structures

 

Who should attend? 

  • Health and Safety Representatives,

  • Health and Safety Committee Members,

  • Union Representatives,

  • Possible co-opted members,

  • Persons involved with the day to day activities of health and safety,

  • All employees

 

Price:

  • R 1950-00 (incl. Vat) per delegate

  • Price include course material and certificates. 


For further information contact:

 

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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