The Occupational Health and Safety Act places an explicit obligation on the employer to create and maintain a safe and healthy workplace.  It is undoubtedly in the employer’s interest to consistently apply good hygiene in the workplace.

Statistics associated with workplace hygiene are as follows:

• The average desk harbours 400 times more bacteria than a toilet seat. Regular hand washing and sanitising can decrease illness.

• According to Occupational Care South Africa (OCSA) absenteeism costs the South African economy between R 12- 16 billion annually.

Good hygiene in the workplace contributes to:

• Continuity of human resources – when an employee takes sick leave, it undoubtedly impacts on the workload of other employees. The employer does not necessarily have spare capacity to address the situation and this puts pressure on the employer’s business activities

• Saving costs by taking less sick leave – the employee is entitled to paid sick leave when he/she is unable to work due to a medical condition. When absenteeism is reduced, the employer saves money.

• Heightened productivity by counteracting presenteeism – the term “presenteeism” refers to when employees show up for work while they are ill and this leads to loss of productivity, making mistakes, etc.

• Improved morale and employee wellness.

• A positive image in respect of suppliers, customers and investors.

Be proactive and maintain good hygiene in the workplace:

• Implement a hygiene policy.

• Create awareness among employees of the benefits of good hygiene.

• Cultivate good habits (regular handwashing) and make it easier for employees to practice good hygiene by installing handwashing stations and/or hand sanitisers.

• Provide a clean restroom that is well stocked with soap, toilet paper and hand towels.

• Ensure the workplace is cleaned regularly.

Option to say ‘no’ – Leave and time off

In terms of the Basic Conditions of Employment Act, the employee is entitled to one day’s paid leave for every 17 days worked. Although the employee is entitled to take leave, the employee must still apply for leave and the employer may reject it based on operational requirements, such as for example that it is the busiest time of production.

When the employee request time off to deal with personal matters, such as visiting the clinic for a routine examination or to obtain medication, the employer can refuse. These visits can be scheduled in the employee’s private time, alternatively the employee must take annual leave. Note that paid sick leave only applies when an employee is unable to work due to a medical condition.

Option to say ‘no’ – Loans

Loans should preferably not be granted to employees. The employer is not a financial institution and when loans are granted to employees on a regular basis, this can create an expectation among employees, as well as set a precedent for future loans.

Option to say ‘no’ – Ex-gratia payments

20 tips employers should pay attention to:

1. Ensure you have an employment contract in place with every employee – the employment contract is the most important document in the workplace and forms the basis of the relationship between the employer and employee. This is one of the key tips to protect your rights as the employer. Ensure however, that you don’t settle for a generic employment contract, but rather opt for a purpose-built one according to your business.




2. Use fixed term contracts carefully and in line with legislation – employers must clearly understand that to disguise what is actually permanent employment in the form of a fixed term contract is illegal.




3. Make provisions for deductions in the employment contract – no deductions, except for statutory deductions, can be made without the employee’s consent.




4. Address time periods in the employment contract with regards to short time, rest periods, compressed working weeks, etc.




5. Implement a formal retirement age.




6. Ensure every employee has a job description with achievable goals.  Employees need to know what is expected of them and what standard applies to performance.  Continuous evaluation and training is essential to assess work performance.  Give recognition to employees who achieve goals and perform well.




7. Pay at least the national minimum wage.




8. Keep a copy of the Sectoral Determination or Main Collective Agreement (if applicable to your business industry) in the workplace and make it available to employees.




9. Display the posters of legislative summaries in the workplace – Basic Conditions of Employment Act, Employment Equity Act and Occupational Health and Safety Act.




10. Use the disciplinary code to enforce the use of personal protective equipment (PPE).




11. Verify if you are considered to be a “designated employer” in terms of the Employment Equity Act and must comply with certain requirements.




12. Ensure your disciplinary code is relevant and up to date – every workplace must have a relevant disciplinary code.  The disciplinary code is important to ensure that there are clear rules in the workplace for employees to follow.  When these rules are broken, the employer can apply discipline in accordance with the applicable sanctions as listed in the code.




13. Every business is unique – implement policies that are fair to address specific issues in your environment.




14. Have regular consultations with employees – effective communication creates an environment receptive to growth.  This creates a platform for employees to discuss their thoughts, ideas and any specific needs.




15. Issue warnings in line with the disciplinary code.




16. Be consistent when applying discipline to avoid discrimination in the workplace.




17. Always follow the correct procedure, especially when the employment relationship is terminated.




18. Implement an attendance register that also records hours worked – the payslip must also reflect this information.




19. Ensure that you, as the employer, are registered with the Unemployment Insurance Fund (UIF) and the Compensation Commissioner.




20. Implement a grievance procedure – it is imperative that the employer establish internal procedures to give employees the opportunity to bring any unhappiness or unsatisfactory working conditions to the attention of the employer.

Conflict

Misconduct

Poor work performance

Basic thoughts regarding compliance with the Occupational Health and Safety Act (OHSA) include:

• To comply with legislation is not negotiable and non-compliance can be costly in the general running of a business.

• In accordance with legislation as well as ISO 45001, employers can be sued in their personal and business capacity and be prosecuted both civilly and criminally. A conviction could lead to huge fines and even the closure of a business until it is fully compliant.

• Compliance contributes to productivity through employee satisfaction and buy-in.

It is important that employers get expert guidance to comply with the OHSA, especially when your business industry is subject to additional regulations.

What are the hazards?

The practical approach:

• Identify the activities performed in each area of your business. Each activity would have safety related inputs, e.g. electricity, equipment, etc.

• Assessing the risk could be done by giving a rating on a scale of 1 (low risk) to 5 (worst), scoring the following: severity, possibility of happening and who is exposed to the risk.

• The management and control of the risks would require a process of elimination, substitution, engineering solutions, administrative controls, training with provision of safety equipment being the last resort.

Definitions

• “Hazard”: the object which could cause potential harm

• “Risk”: what could happen should things go wrong, e.g. injury, health risks, etc.

The LWO has an agreement in collaboration with Beehive OH&S to assist LWO members with regards to the OHSA.  Contact Leo van der Walt for more information at 072 594 5989, info@beehiveohs.co.za or   www.beehiveohs.co.za.

However, the Code of Good Practice fails to address a few important points such as whether:

• breaks for expressing will be paid or unpaid;
• the time period how long an employer should allow the employee to take these breaks to express breastmilk;  and
• whether the employer should make provision for the storing and refrigeration of expressed breastmilk.

It is important that the employer and employee are on the same page.  Communication plays a vital role and employers must take care to consult with employees regarding the above and agree on the way forward.  Culture, gender, values, beliefs, etc. of all parties should also be taken into consideration in the communication process to ensure effective communication.

The Code of Good Practice serves as a guideline for employers to follow.  However, by creating a supportive environment for breastfeeding mothers in the workplace, the employer promotes the health of employees and their babies.