8 “It must seem to many of us that the world has indeed gone crazy, and nothing will ever be the same again. Covid, riots and unrest, floods and now the fire of all fires; this one on our doorstep. It was surreal being on site at Richards Bay for the first two weeks of October. We remember the frenzy of trying to control the initial blaze, and then the panic when the wind changed and strengthened and finally the feeling of utter hopeless as Bayfibre caught fire after hours of trying to protect that chip pile. Then followed a period of 12 days of making sure TWK and Foskor did not catch fire, and slowly but surely getting our three stockpiles under control and finally out.” Danny Knoesen NCT General Manager. Unfortunately, this was our reality for the first few weeks of October and the reality of the last few years. Taking some learnings from our experience, we set out below some key aspects and areas to consider, in preparing for and dealing with a crisis or disaster. Health and safety of employees, customers, members of the public, stakeholders etc. Section 8 of the Occupational Health and Safety Act imposes a general duty on employers to ensure a safe working environment. Section 9 of the Act imposes a further general duty on employers towards persons other than their employees, including members of the public, customers, agents, stakeholders etc. it states that “Every employer (including the State / Government) shall conduct his undertaking in such a way as to ensure, as far as is reasonably practicable, that persons other than those in his employment who may be directly affected by his activities are not thereby exposed to hazards to their health or safety”. This even more in the case of a disaster. The very same rules and regulations you have in place regulating workplace health and safety in your day-to-day operation, continue to apply. Simply put, just because there is a disaster, does not mean your standard workplace rules go out the window. You will also need to carry out a new risk assessment to identify new hazards and risks in the workplace arising from the disaster. Not only may inspections be carried out on what was in place before the disaster and to manage the risk and hazards, but also on what was put in place following the disaster within reason to ensure that the workplace is safe. This would apply to any disaster management interventions, mitigation efforts, clean-up operations etc. This may involve alerting your health and safety committee and ensuring they are made aware of the situation and participate in the process going forward. Remember your organisation will be under the spotlight following any disaster and so it is critical to ensure compliance with all aspects of the Act, your own workplace risk assessment and your policies and procedures put in place to manage your workplace place health and safety. Failure to ensure compliance may result in a fine or imprisonment depending on the severity of the contravention. Environmental reporting and compliance S e c t i o n 3 0 a n d 3 0 A o f t h e Na t i o n a l Environmental Management Act (NEMA) deals with the control of emergency incidents, provides FACING A DISASTER – SOME CONSIDERATIONS – Natasha Cluckie – Legal Advisor –
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