Edited by Eamonn Ryan
The upcoming Occupational Health and Safety (OHS) Amendment Bill will force stricter compliance with SANS 10142, the standard for all low voltage electrical installations, to prevent injuries and deaths associated with electrocution. This has applicability in the construction, manufacturing and mining sectors.
Andrew Dickson, engineering executive at CBI-electric: low voltage, discusses the need for employers to educate their staff members about the dangers of bypassing the earth leakage to prevent fatalities and to uphold each employee’s right to a safe and healthy working environment.
He explains that all too often, injuries and deaths associated with electrocution occur if companies take short cuts when it comes to their electrical installations and do not comply with SANS 10142, the standard for all low voltage electrical installations. “This year, however, the Occupational Health and Safety (OHS) Amendment Bill will be signed into law, enforcing stricter consequences for non-compliance with health and safety standards. Going forward, all employers will need to ensure that no employee is permitted to do any work or operate any machinery unless precautionary measures have been taken. It has now raised the maximum penalty to the R5-million mark or five years in prison – albeit I think the latter is unlikely.”
He suggests that the importance of the Occupational Health and Safety (OHS) Amendment Bill lies not so much in the detail of the actual amendment, as to the penalties for non-compliance. The changes mostly are nuances and paraphrasing within the Act itself, making it more relevant. The importance relates more to strict compliance to SANS 10142, the standard for all low voltage electrical installations, to prevent injuries and deaths associated with electrocution, and therefore the wiring or low voltage reticulation within a site, whether that be an industrial or a building site.
“The amendment changes the schedule with respect to maximum fines and the prison period. The Occupational Health and Safety Act requires that SANS 10142 is met in order to provide a safe work environment for all employees. Employers can no longer just claim ‘I’ve told my staff, and therefore they have to adhere to it’.
“Because now if there’s an accident and a staff member is deceased, the dependents of that employee and the Department of Labour could still raise a case against the employer. Employers now need ensure adherence to the rules and regulations of SANS 10142. They have to ensure two things: that employees understand their roles and responsibilities in creating a safe work environment; and that they know the best practices,” says Dickson.
“What typically happens is when employers are under the gun with a deadline – they instruct employees to ‘get the job done’.”
He explains that leakage currents are often an indication that there is a fault within a machine which will then need to be switched off and repaired. However, as employees are usually measured on output, they avoid flagging that there is an issue and instead bypass the earth leakage to keep operating the machine. Two scenarios can then occur: at some point in the future the machine breaks down causing longer downtime, or an electrical accident occurs which could be fatal and result in extended loss in production time as investigations are conducted – both can be avoidable catastrophic consequences for the employee and employer.”
“The amendment will require an employer to be more aware of what their staff are doing on site. That’s the biggest change from this amendment to the Act. The fines imposed are significant enough that employers will now need to perform physical checks and verify that their systems are in accordance with the standards – not just assume they are. The liability has been pushed up to the employer. While being proactive in ensuring compliance will have an upfront cost, is the alternative really an option?” questions Dickson.
While policing is always the weak link in South Africa’s justice system, he points out law breakers take a big risk. Site inspections do happen, but perhaps not to the frequency they should. Dickson explains that where an accident does occur there are strict reporting measures – and such reports get acted upon by the Department of Labour. If an employer transgresses, they will get caught out post-event. The employer then has no right to claim everything was done right. An employer in that position will not want to be trying to prove their innocence, he cautions.
For instance, in 2022, dangerous contact with electricity resulted in 34 accidents on South African construction sites, leading to the death of one person and four being permanently disabled. Dickson emphasises the importance of ensuring earth leakage devices are installed and the consequences for non-compliance with health and safety standards.
“Even one death is one too many. Companies need to ensure that their staff are protected from potentially lethal shocks by ensuring that earth leakage devices are installed. These products are designed to limit the amount of electrical current entering the human body to under 30 milliamps as anything above this could be fatal.”
He points out that many electrical or electrocution accidents on construction sites occur as a result of employees bypassing the earth leakage. “Workers often run extension cords to power their tools from a single point of supply. But these sites are quite rugged and dusty, and tools are often damaged. Consequently, there are many opportunities for the earth leakage to trip, causing irritation and delays. While the protective device has performed its function correctly, this is not always fully appreciated and so a conscious decision may be made to bypass the earth leakage. This could create a dangerous and potentially lethal electrical supply as contact by any person on site to the electrical network or to a connected power tool or machinery could result in a significant or even fatal shock.
“Though the penalty is imposed on the company, it is often the employee without the knowledge of their superior that bypasses the protection, thus resulting in a death that could have been avoided. Employees don’t realise the value of an earth leakage device until tragedy strikes. South African businesses must therefore educate their staff members about the pitfalls of bypassing the earth leakage. Not only does this help to uphold the employee’s right to a safe and healthy working environment at work, but doing so could save lives,” concludes Dickson.
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