Ergonomic risk assessments: What the OHS Act requires from employers

The Ergonomics Regulations of the Occupational Health and Safety (OHS) Act 85 of 1993 state that South African employers across all industries have a duty to conduct ergonomic risk assessments to assess – and take steps to prevent – exposure to ergonomic risks in the workplace.

In this article, we’ll outline employers’ responsibilities with regards to ergonomic risk assessments as per the OHS Act and the Ergonomics Regulations.

What is an ergonomic risk assessment?

An ergonomic risk assessment involves assessing the ways in which workers interact with a work system (including tools, technology, machinery, workstations, processes, information, etc.) to identify ergonomic hazards and evaluate and prioritise ergonomic risks.

The official definition of an ergonomic risk assessment provided by the Ergonomics Regulations of the OHS Act is “a programme, process or investigation to identify, analyse, evaluate and prioritise any risk from exposure to ergonomic risks associated with the workplace.”

Are all workplaces required to conduct ergonomic risk assessments?

Yes, because ergonomic risks exist in all forms of work – including both office and industrial settings – all workplaces in South Africa are obligated to conduct ergonomic risk assessments to comply with the requirements of the Occupational Health and Safety Act.

What does an ergonomic risk assessment entail?

There are six fundamental steps to carrying out an ergonomic risk assessment:

1.    Identify all ergonomic hazards in the workplace

2.    Determine which employees are at risk

3.    Determine how these employees may be harmed or affected

4.    Analyse and evaluate the ergonomic risks 

5.    Prioritise the identified ergonomic risks in order of severity

6.    Suggest appropriate risk controls for eliminating or reducing employees’ exposure to ergonomic risks

Who can carry out an ergonomic risk assessment?

The Ergonomic Regulations stipulate that an ergonomic risk assessment should be carried out by a ‘competent person’. The regulations provide the following definition of a ‘competent person’:

“competent person” in relation to ergonomics means a person who – 

(a) has in respect of the work or task to be performed the required knowledge, training and experience in ergonomics and, where applicable, qualifications specific to ergonomics: provided that where appropriate qualifications and training are registered in terms of the provisions of the National Qualifications Framework Act 2008 (Act No. 67 of 2008), those qualifications and that training must be regarded as the required qualifications and training; and

(b) is familiar with the Act and the applicable regulations made under the Act.

The level of knowledge, training and experience needed to effectively conduct an ergonomic risk assessment will depend on the complexity of the ergonomic risks present in the specific workplace in question. In most cases, the skills and expertise of a qualified health and safety professional or person who has undergone ergonomics risk assessment/audit training are needed to properly carry out an ergonomic risk assessment. At a minimum, a person appointed to conduct an ergonomic risk assessment should possess knowledge of the workplace to be assessed and the possible ergonomic hazards therein. They should also understand and be able to apply ergonomic risk assessment techniques and methodology, including the ability to identify ergonomic hazards and evaluate and prioritise the associated risks. A competent ergonomic risk assessor should be equipped to recommend and effectively communicate appropriate risk control measures. 

How often should an ergonomic risk assessment be done?

The Ergonomics Regulations of the OHS Act state that employers are required to conduct an ergonomic risk assessment before allowing any work to commence that may expose workers to ergonomic risks. Because all forms of work have the potential to expose workers to ergonomic risks, this applies to all employers, in all industries. Thereafter, ergonomic risk assessments should be conducted at least once every two years. 

When should ergonomic risk assessments be reviewed?

Ergonomic risks assessments should be reviewed in the following circumstances:

• When an existing ergonomic risk assessment is deemed no longer valid
• When existing ergonomic risk control measures are no longer effective
• When technological or scientific advances allow for the implementation of more effective risk control measures
• When there is a change in work methods
• When a new type of work is introduced
• When new or different equipment is used to control exposure to ergonomic risks
• When an incident occurs due to exposure to ergonomic risks
• When medical surveillance reveals an adverse health effect due to exposure to ergonomic risks

What are the consequences of non-compliance with the requirements of the Ergonomics Regulations of the OHS Act?

According to the Ergonomics Regulations, an employer who does not meet the required obligations, including those around ergonomic risk assessments, may be subject to a fine or a prison sentence of up to 12 months. If the non-compliance continues, the employer may also incur further penalties of up to R200 per day until the issue is resolved.

How can South African employers ensure their business is compliant with the Ergonomics Regulations of the OHS Act?

The obligation to conduct risk assessments is not the only responsibility placed on employers by the Ergonomics Regulations. The primary employer duties stipulated by the regulations are:

• To provide all employees with information, instruction, and training on ergonomic risks and controls in the workplace
• To conduct ergonomic risk assessments
• To implement ergonomic risk control measures
• To conduct medical surveillance where necessary

Absolute Health Services can assist you with developing and implementing an ergonomics programme in your organisation, including conducting ergonomic risk assessments and providing employees with mandated ergonomics training. Contact us to find out how we can help.