Comments - Draft Occupational Health and Safety Amendment Bill 2020

Comments – Draft Occupational Health and Safety Amendment Bill 2020

Saiosh established a Technical Committee to provide technical and legal input into the draft OHS Amendment Bill 2020. After extensive deliberations, the committee has proposed various amendments to the Bill, essentially to align it with the more constitutionally acceptable Mine Health and Safety Act, (MHS) 1996, the Promotion of Administrative Act, (PAJA) 2000 and the Constitution.

The committee’s comments contain various proposals accompanied by appropriate motivation. In some instances, the committee proposes that certain provisions of the current OHS Act be retained while other provisions be brought into alignment with similar internationally accepted OHS legislation as well as South African High Court precedents.

A proposed introduction of a section 16(3) managerial, supervisory or agent appointment will cure an appointment vacuum currently experienced by employers.  The retention of ‘reasonably practicable’ element, pertaining to various duties, is extensively motivated. The committee is also of the view that the provision pertaining to Administrative Fines be scrapped in view of its limited applicability (Schedule 2) and departure from the MHS Act where only the principal inspector of mines is empowered to impose fines.

The committee also noted that ‘The Right to leave a Dangerous Workplace’ has been omitted despite its introduction in the Covid-19 Directions.

The committee’s comments on the Bill were submitted to the Chief Inspector, Department of Employment and Labour, on 21 July 2021.

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