Risk based sustainable SHERQ Improvement Planning

Below are some answers to questions you may have. If you need any additional information and do not find it here, please contact us for assistance.

Do we need to have a Section 37(2) agreement in place on a construction site with mandatories (contractors)

No, the OHSACT does not stipulate that you must have an agreement in place at all. In fact, this is the only piece of legislation that indicates that the employer “is guilty until proven innocent” unless an employer can prove, they applied the “duty of care” and specific requirements being adhered to. This is based on the premise of vicarious liability in that whatever the employees and or contractors do, or not do, the employer remains liable for the actions, unless an agreement has been reached whereby the employer is indemnified if he can prove he fulfilled his obligations entirely.

It is therefore not a specific requirement to have an 37(2) agreement in place however it is deemed good practice, unless the employer feels he can fairly manage a contractor’s activities in addition to his own business activities. For more information on this topic please read the article “What is Section 37(2) and Why is it Important for Workplace Safety?”

Do we need to do a risk assessment and prepare a specific fall protection plan when working at heights?

Yes, these are indeed required. For an expanded view on this please read the article – “The dangers of working at heights” . The Construction Regulations 2014 provide specific requirements and guidelines for working at heights in the construction sector. They cover aspects such as risk assessment, fall prevention and protection, dropped object prevention, overhead power line avoidance, training and supervision, emergency and rescue procedures, and record keeping. The aim of these regulations is to ensure that working at heights is done safely and in accordance with the best practices and standards.

Can you always “smell” natural gas?

The answer is Yes. This was, however, not always the case. According to the event contained in the article "New London, TX School Explosion - March 1937 - dangers of gas and root cause analyses", natural gas is odourless. Until the event in March 1937 which killed numerous people in a school, the resulting investigation determined that an ”deodorant” be added to the gas so that one could detect it by smelling before it becomes lethal. The full explanation is contained in the abovementioned article.

Do we need to conduct a root cause analyses on all incidents?

The answer is No not for all events. Section 21 of the OHSACT describes the precise conditions in which a root cause analyses is mandated by law. Conducting a root cause analysis is a lengthy and tedious activity and cannot be done for every incident. Albeit noble, this is not practical and hence the guidelines provided in Section 21. The benefits however are without a doubt overwhelmingly in favour of conducting a root cause analysis for all events, as stated this is not practical. By conducting a root cause analysis can prevent repeat and distracting events from reoccurring if properly conducted and root causes are actioned and implemented. This has benefited many people throughout the world and saved many countless lives.

See the article "New London, TX School Explosion - March 1937 - dangers of gas and root cause analyses" where everyone on earth have benefitted from a well conducted root cause analyses, causing natural gas to be detected through smell before it becomes lethal.

FAQ