The Ergonomics Regulations in South Africa (2019) form one of the 26 regulations that exist under the Occupational Health and Safety (OHS) Act 85 of 1993. While the OHS Act stipulates that employers have a duty to provide a workplace that is safe and without risk to employees, the Ergonomics Regulations provide specific, practical guidance on how employers should identify, manage, and reduce ergonomic risks in the workplace.
The overarching aim of the Ergonomics Regulations is to protect the health, safety, and wellbeing of any individual who may be exposed to ergonomic risks in the workplace. The regulations aim to ensure that work systems (the ways in which humans, machines, tools, information, technology, and processes interact to perform work) are designed using a human-centred approach that balances task demands with human capabilities.
The implementation of an effective and comprehensive ergonomics programme in the workplace can bring substantial benefits for both employees and the business. For employees, the benefits include increased comfort levels, reduced physical and cognitive strain, and a reduced risk of developing ergonomic injuries or disorders. For the business, the benefits include increased productivity, reduced downtime caused by ergonomic injuries and illnesses, and (provided the ergonomics programme meets the requirements laid out by the regulations) compliance with the Ergonomics Regulations.
The Ergonomics Regulations apply to every employer (or self-employed person) in South Africa who employs anyone to work at a workplace that has the potential to expose that person to ergonomic risks. Because ergonomic risks are inherent in all work, the Ergonomics Regulations apply to all employers, whether workers are seated at a desk, working on a factory production line, on their feet most of the day, lifting and carrying loads on a construction site, etc. The Ergonomics Regulations also apply to designers, manufacturers, suppliers, and importers of any equipment, tools, machinery, plant, or work systems intended for use at a workplace in South Africa.
The core employer duties stipulated by the Ergonomics Regulations include:
Regulation 3 stipulates that employers have a duty to establish and implement ergonomics training programmes for all employees that may be exposed to ergonomic risks in the workplace. The training programme should do the following:
The Ergonomics Regulations state that employees should undergo training prior to beginning work, and that refresher training should be conducted at an interval recommended by the Health and Safety Committee or Health and Safety Representative.
Regulation 6 of the Ergonomics Regulations specifies that employers have a legal duty to conduct ergonomic risk assessments before the commencement of work that has the potential to expose workers to ergonomic risks. Risk assessments should take place at least once every two years and must be performed by a competent person.
According to the regulations, ergonomic risk assessments should do the following:
Employers have a duty to prevent, reduce, or control employees’ exposure to ergonomic risks in the workplace. Regulation 7 stipulates that employers should refer to the hierarchy of controls when implementing risk control measures. According to the hierarchy of controls, ergonomic risks should be reduced to the lowest possible level through the use of the control measures listed below, in order of priority:
1. Elimination (remove the hazard)
2. Substitution (replace the current task with a less hazardous task)
3. Engineering controls (use equipment or other measures to reduce risks)
4. Administrative controls (implement new procedures to reduce risks)
5. Personal Protective Equipment (as a last resort, provide employees with PPE to reduce risks)
Regulation 8: Medical surveillance Should an ergonomic risk assessment indicate that an employee needs to be placed under medical surveillance, or should an Occupational Medicine Practitioner recommend that selected employees be placed under medical surveillance, Regulation 8 states that employers have a duty to place those employees under medical surveillance that is overseen by an Occupational Medicine Practitioner. The aim of medical surveillance is to detect adverse health effects arising from ergonomic risks as early as possible, in order to implement preventative measures as soon as possible.
Regulation 12 of the Ergonomics Regulations states that failure to comply with the requirements set out by the regulations could make an employer liable to a fine, or to imprisonment of a maximum term of 12 months. In the case of continued non-compliance, employers could face additional fines of up to R200.00 per day.
Don’t risk the consequences of non-compliance with the Occupational Health and Safety Act and the Ergonomics Regulations. Contact Absolute Health Services to discuss how we can assist you in creating a compliant workplace that is safe and without risks to your employees.
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