South African workplace health and safety is governed by the OHSA [Occupational Health and Safety Act [Act 85 of 1993].
The HPCSA [Health Professions Council of South Africa] has raised concerns about the naming of the new legal compliance QCTO [Quality Council for Trades and Occupations] workplace First Aid curricula [BASIC, INTERMEDIATE, and ADVANCED] published by the QCTO late last year, a ruling on which is awaited. This is one of numerous concerns generating debate.
One specific issue is the curricula reference to first aid kit contents. It cites Regulation 7, which upon closer examination is an unratified draft regulation from 2005. The actual regulation governing first aid box contents is General Safety Regulations 3.
While seemingly minor, this mistake could have significant legal ramifications. The curriculum’s reliance on an invalid regulation might lead to misinterpretations of existing laws, potentially impacting the Department of Employment and Labour’s authority.
Furthermore, the curricula appear to neglect key considerations related to volunteer first aiders. The programme doesn’t address the potential infringement of volunteer’s rights by assigning them tasks beyond their activities or service , such as compulsory cleaning up of hazardous biological spills and materials at an incident scene. This lack of clarity could lead to situations where volunteers are pressured to perform “duties” beyond their appointment, training and comfort level, assuming these to be part of their compulsory “scope of work” or practice.
Additionally, the curricula fail to acknowledge the legal requirement for proper biohazard handling training and equipment, as mandated by the Regulations for Hazardous Biological Agents, 2022. This omission raises concerns about potential legal repercussions in the event of an incident involving biohazards and further infringement of their rights in relation to the Labour Relations Act [No. 66 of 1995], should they fail or refuse to perform this presumptuous task.
Finally, the curricula overlooks the established legal principle enshrined in Section 24 of the OHSA. This section prohibits disturbing an accident scene or removing related items without an inspector’s consent. This scene interference might be in contravention of the OHSA and should a first aider rightfully decline or fail to clean a scene, might unfairly be involved in a dispute or disciplinary action.
Given these and other concerns, the QCTO’s First Aid curricula may require revisions to ensure legal compliance and proper treatment of volunteer first aiders’ rights, and to avoid infringement of the employee’s Labour Relations rights, resulting from inappropriate disciplinary action and the matter being escalated to the CCMA [Commission for Conciliation, Mediation and Arbitration].
