For the Supply, Delivery of Locks & Key Accessories at Matimba Power Station for a Period of 36 Month on an “as and When” Required Basis.

Tender Summary:

MAT00426

See details below or the tender documentation

Tender Closed on: 2020-11-26 14:00

Lock Supplies and Locksmith Services, Supply and Delivery Services

Lephalale, Limpopo

ESKOM

ESKOM Tenders

Bid Number:MAT00426
Bid Description: For the supply, delivery of locks & key accessories at Matimba Power Station for a period of 36 month on an  “as and when” required basis.


Name of Institution:Eskom Matimba Power Station


Place where goods, works or services are required: Generation Division


Matimba Power Station


Main Security Gate, The Tender Box


Nelson Mandela Avenue


Lephalale


0555


Date Published:  30 October 2020
Closing Date / Time: 26 October 2020
Enquiries: MAT00426
Contact Person: Seno Maila
Email:[email protected]
Telephone number:011  516 7022
FAX Number:


Where bid documents can be obtained:
Website: Eskom Tender Bulletin
Physical Address:N/A

Where bids should be delivered:
Physical Address:


Generation Division


Matimba Power Station


Main Security Gate, The Tender Box


Nelson Mandela Avenue


Lephalale


0555


 


Briefing Session N/A _Clarification should be sent to the below e-mail:


[email protected]


Clarifications should be sent 7 working days before tender closing


A compulsory / Optional briefing session will be held on:
Date:
Time:
Venue:


Special Conditions:


 



{TENDER_DOCUMENTS_TEXT_START} Procedure
Title: Occupational Health and Safety
Incident Management Procedure
Document Identifier:
32-95
Alternative Reference Not Applicable
Number:
Area of Applicability:
Eskom Holdings SOC Ltd
Functional Area:
Occupational Health and
Safety
Revision:
8
Total Pages:
29
Next Review Date:
June 2024
Disclosure
Classification:
Controlled Disclosure
Occupational Health and Safety Incident Management
Procedure
Unique Identifier: 32-95
Revision:
8
Page:
2 of 29
Content
Page
1. Introduction............................................................................................................................... 3
2. Supporting Clauses .................................................................................................................. 3
2.1 Scope ............................................................................................................................... 3
2.1.1 Purpose ................................................................................................................. 3
2.1.2 Applicability ........................................................................................................... 3
2.1.3 Effective date......................................................................................................... 4
2.2 Normative/Informative References ................................................................................... 4
2.2.1 Normative .............................................................................................................. 4
2.2.2 Informative............................................................................................................. 5
2.3 Definitions ........................................................................................................................ 5
2.4 Abbreviations ................................................................................................................... 8
2.5 Roles and Responsibilities ............................................................................................... 8
2.6 Process for Monitoring...................................................................................................... 9
2.7 Related/Supporting Documents ........................................................................................ 9
3. Occupational Health and Safety Incident Management Procedure ........................................... 9
3.1 Incident Identification ...................................................................................................... 10
3.2 Initiation and Execution of Emergency Response ........................................................... 10
3.3 Notification and Reporting .............................................................................................. 11
3.4 Incident Prioritisation ...................................................................................................... 13
3.5 Classification and Recording of Incidents ....................................................................... 14
3.6 Incident investigation ...................................................................................................... 17
3.7 Management of Corrective Actions (Safety Measures) ................................................... 25
3.8 Incident close-out ........................................................................................................... 26
3.9 Incident Communication ................................................................................................. 26
4. Revisions ................................................................................................................................ 28
5. Development Team ................................................................................................................ 28
6. Acknowledgements ................................................................................................................ 29
Controlled Disclosure
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the
user to ensure it is in line with the authorized version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC Ltd,
Reg. No 2002/015527/30.
Occupational Health and Safety Incident Management
Procedure
1.
Unique Identifier: 32-95
Revision:
8
Page:
3 of 29
Introduction
Eskom’s SHEQ Policy sets out principles and rules that underpin the way in which Eskom
approaches occupational health and safety, the environment and quality.
The effective management of incidents is required so as to achieve the above. Incident
management is an integral function of risk management. The aims and objectives of incident
management are as follows:
a)
Reduce risk and prevent any recurrence of incidents.
b)
Ensure that incidents are managed effectively.
c)
Ensure that incidents are classified and recorded accurately.
d)
Ensure prompt and appropriate investigation.
e)
Promote the proactive use and value of near-miss incident reporting.
f)
Improve the quality of occupational health and safety by learning from incidents, including
near-misses.
g)
Share incident information.
h)
Report to external and internal stakeholders, as appropriate.
i)
Promote the analysis of trends, and review practices accordingly.
j)
Involve and communicate information to all stakeholders.
Incident management is not a mechanism for assigning blame or monitoring staff performance, but
rather a way of identifying and addressing areas for improvement in order to reduce future risks.
Eskom is committed to Zero Harm as an Eskom value, which forms an integral part of its
operations. This supports the value of Zero Harm to people.
2.
2.1
Supporting Clauses
Scope
2.1.1 Purpose
This document describes the high-level intention and requirements for the effective management of
incidents that occur during the course of Eskom’s business that result in, or could result in,
occupational diseases/illnesses, fatalities, injuries, property damage or near misses.
2.1.2 Applicability
This document shall apply throughout Eskom Holdings SOC Ltd, its groups/ divisions, subsidiaries,
and entities in which Eskom has a controlling interest. Where Eskom does not have a controlling
interest, this procedure shall apply if no such similar document exists.
This document is applicable to Eskom employees, contractors (unless it is explicitly mentioned
otherwise in this document) and members of the public affected by activities of, or on behalf of,
Eskom.
Controlled Disclosure
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the
user to ensure it is in line with the authorized version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC Ltd,
Reg. No 2002/015527/30.
Occupational Health and Safety Incident Management
Procedure
Unique Identifier: 32-95
Revision:
8
Page:
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For the purpose of Eskom benchmarking with other organisations, the applicable Responsible
Manager may use the relevant classification criteria required for such benchmarking process.
In the case where a site consists of multiple employers, this procedure must be complied with for
Eskom reporting purposes.
For the interpretation of requirements related to occupational health and safety incidents, this
document will supersede any other procedures and instructions.
2.1.3
Effective date
The document is applicable as of 1 July 2018.
2.2
Normative/Informative References
Parties using this document shall apply the most recent edition of the documents listed in the
following paragraphs.
2.2.1 Normative
[1] 240-62582234: OHS Roles and Responsibilities and Statutory Appointments Standard
[2] 32-727: Eskom, Safety, Health, Environment, and Quality Policy
[3] 32-123: Eskom Emergency Planning Procedure
[4] 32-124: Eskom Fire Risk Management Standard
[5] 32-256: Emergency Response Procedure – Communications
[6] 240-51122806: Process Control Manual (PCM) for Incident Management
[7] 240-49308149: Process Control Manual (PCM) for Occupational Health and Safety
Management
[8] Aviation Act, No. 74 of 1962
[9] Occupational Health and Safety Act, No. 85 of 1993
[10] Labour Relations Act, No. 66 of 1995
[11] Medicine and Related Substance Control Act, No. 101 of 1965
[12] Mine Health and Safety Act, No. 29 of 1996
[13] Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993
[14] Basic Conditions of Employment Act, No. 75 of 1997
[15] National Health Act, No. 61 of 2003
[16] 240-62946386: Vehicle and Driver Safety Procedure
[17] 240-84733329: Medical Surveillance Procedure
[18] 32-425: Hearing Conservation Procedure
[19] COIDA Occupational Disease 2 Form – as per COIDA
[20] 240-131838225: Occupational Health and Safety Incident Management Definitions and
Classification Parameters
Controlled Disclosure
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the
user to ensure it is in line with the authorized version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC Ltd,
Reg. No 2002/015527/30.
Occupational Health and Safety Incident Management
Procedure
Unique Identifier: 32-95
Revision:
8
Page:
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2.2.2 Informative
[1] 240-47560170: Process Control Manual (PCM) for Quality Management
[2] 240-51367318: Process Control Manual (PCM) for Assurance and Advisory Audits
[3] 32-450: Safety and Occupational Hygiene Performance Management
[4] ISO 9001 Quality Management Systems
[5] OHSAS 18001 Occupational Health and Safety Systems
[6] EPM0060: Measurement Specification Document for Headcount
[7] Criminal Procedures Act, No. 51 of 1977
[8] Electricity Act, No. 41 of 1987
[9] Explosives Act, No. 15 of 2003
[10] Inquest Act, No. 58 of 1959
[11] Law of Evidence Amendment Act, No. 45 of 1988
[12] National Road Traffic Act, No. 93 of 1996.
[13] 240-75512977: Noise-Induced Hearing Loss Investigation Form
[14] 240-75512947: Noise-Induced Hearing Loss Notification Form
The list of legislation is not exhaustive and/or not limited to the legislation listed above.
2.3
Definitions
2.3.1 Accident: Any unplanned event, arising out of, and in the course of, an Eskom or
contractor employee’s employment and resulting in human injury, illness, or death of
the employee, as well as death of, or injury to, any member of the public or damage to
property.
2.3.2 Fatality: A fatality is an incident occurring at work, or arising out of, or in connection
with, the activities of persons at work, or in connection with the use of plant or
machinery, in which, or in consequence of which, any person (that is, employee,
contractor, or member of the public) dies, regardless of the time intervening between
the injury and/or exposure to the cause and death. The date of the incident will reflect
the date on which the incident occurred, irrespective of the date of death.
Note: This excludes the death of a person (employee or contractor employee) while at
the workplace and on duty who dies as a consequence of any activity not directly
related to the course and scope of the deceased’s employment (for example, death
from natural causes, etc.).
Controlled Disclosure
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the
user to ensure it is in line with the authorized version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC Ltd,
Reg. No 2002/015527/30.
Occupational Health and Safety Incident Management
Procedure
Unique Identifier: 32-95
Revision:
8
Page:
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2.3.3 First-aid injury: An incident that resulted in a work-related injury that requires first aid
treatment within the scope of a first aider and content of a first aid box and does not
require further treatment by a medical professional. Therefore, the following will be
regarded as first-aid treatment case:
a)
b)
c)
d)
e)
No medication is required.
No subsequent medical treatment is required.
First-aid treatment can also be offered by a medical professional as long as it is
in the scope of the first aider.
Where an employee was involved in an incident where there was contact with a
person’s body part resulting to visible or no visible injury (for example, pain), the
involved employee must at least be assessed by a first aider/medical
professional. The incident must be classified at least as a first-aid injury.
The affected employee is able to resume work after the injury has been treated.
Note: Classification is based on the level of treatment, not on the person administering
treatment. For example, medical practitioners or emergency teams can provide
first-aid treatment.
2.3.4 Lost-time injury (LTI): A work injury, including impairment and a fatality, that arises
out of, and in the course of, employment and that renders the employee or contractor
to be booked off work or unable to perform his/her regular/normal work longer than
seven calendar days or shifts other than the day or shift on which the injury occurred.
Note: Normal work refers to any work where a person can perform his/her normal
duties without restriction. Lost-time injury will apply if a person is booked off work by a
medical practitioner due to an incident, including being booked off for acute stress or
post-traumatic stress disorder by a relevant medical practitioner.
A lost-time injury includes the following:
a) Any incident that occurs while an employee is off duty and where he/she, because
of the situation at that time and his/her expertise, puts himself/herself on duty in
order to save a life, or to protect Eskom’s property, or to conduct any duty during an
emergency situation, in this way furthering Eskom’s business. Such an incident will
be regarded as a lost-time injury.
b) All restricted/ light duty incidents longer than seven calendar days will be regarded
as lost-time injuries.
2.3.5 Medical injury: An incident that results in a work injury where treatment is rendered by
a medical practitioner or an occupational health nurse practitioner within a 24-hour
period, and medication is prescribed, dispensed, and/or applied. The affected
employee is able to resume work after the injury has been treated.
Note 1: Treatment, for the purpose of this document, excludes any diagnostic or
examination procedure or method used in the establishment of the extent of injuries or
illnesses (for example, X-rays or scans).
Note 2: Where medication was prescribed and/or dispensed after an injury and it was not
obtained and/or used, the injury shall be classified as a medical injury.
Controlled Disclosure
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the
user to ensure it is in line with the authorized version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC Ltd,
Reg. No 2002/015527/30.
Occupational Health and Safety Incident Management
Procedure
Unique Identifier: 32-95
Revision:
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Note 3: Where medication is prescribed, dispensed and/or applied, whether to treat an injury
or prevent an illness or medical condition after an incident, the incident must be regarded at
least as a medical injury.
Note 4: any work-related noise-induced hearing loss with a PLH shift between 3.2% and
9.9% will be regarded as a medical injury.
2.3.6 Occupational safety near-miss incident: Any OHS event that did not result in human
injury, illness or damage but had the potential, under different circumstances, to cause
human injury, illness or damage.
2.3.7 Occupational hygiene near-miss incident: An OHS event where a person is
exposed to a single or combination of occupational hygiene hazards, which occurred in
the work environment, due to failure/insufficient/absence of control measures for that
hazard(s) that could result in medical treatment, impairment or an occupational
disease/illness.
2.3.8 Occupational impairment: Partial or total loss of bodily function or part of the body
attributed to exposure at the workplace.
2.3.9 Noise-induced hearing loss (NIHL) incident: Where an individual experiences a
bilateral sensorineural hearing loss with a confirmed percentage hearing loss of 10% or
more measured from the baseline, which must be based on two diagnostic
audiograms, as per Instruction 171 issued by the Compensation Commissioner.
2.3.10 Occupational disease/illness: Any confirmed disease/illness arising out of, and in
the course of, an employee’s employment and that is listed in Schedule 3 of the COID
Act or any other condition as determined by an occupational medical practitioner. In the
case of employees placed through a labour broker, the onus is on the relevant OU/BU
to ensure that the pre-employment medical examinations are done.
2.3.11 Public fatality: The death of a member of the public.
2.3.12 Public incident: Direct or indirect exposure to Eskom’s product or activities caused by
substandard acts and/or conditions that result in, or have the potential to cause,
physical harm to members of the public, damage to property or interruption of
business.
2.3.13 Public Recordable Fatality Incident (PRFI)
a) A PRFI is an incident resulting in the electrocution of a member of the public by coming
into contact with Eskom apparatus within the point of supply, but excluding electrocution
resulting from criminal activities. A minor being electrocuted as a result of criminal
activity will be regarded as a public recordable fatality incident.
b) Any work-related incident where an Eskom employee or contractor is responsible for the
death of a member of the public, excluding incidents where a member of the public is
solely at fault.
2.3.13 Serious incident:
a) Any incident that results in a person being admitted to ICU for four days or more.
Controlled Disclosure
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user to ensure it is in line with the authorized version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC Ltd,
Reg. No 2002/015527/30.
Occupational Health and Safety Incident Management
Procedure
Unique Identifier: 32-95
Revision:
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b) All OHS Act Section 24(1)(a) incidents.
c) Any incident involving persons where there was electrical contact, uncontrolled
release of energy (for example steam release, electrical flashover, etc.).
Note: OU/BU must inform Sustainability Systems immediately regarding the incident
for advice on the activation of an independent Subject Matter Expert.
2.4
Abbreviations
Abbreviation
Explanation
A&F
Audit and Forensic
CC
Compensation Commissioner
DoL
Department of Labour
Eskom
Eskom Holdings SOC Limited
Exco
Executive Committee
HR
Human Resources
ICU
Intensive Care Unit
INO
Initial Notification of Occurrence
LTI
Lost-Time Injury
LTIR
Lost-Time Injury Rate
MHSA
Mine Health and Safety Act
NIHL
Noise-Induced Hearing Loss
NPA
National Prosecuting Authority
OEL
Occupational Exposure Limit
OHS
Occupational Health and Safety
OHS Act
Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)
OMP
Occupational Medical Practitioner
OU/BU
Operating Unit/Business Unit
PCM
Process Control Manual
PHL
Percentage Hearing Loss
PPE
Personal Protective Equipment
PRFI
Public Recordable Fatality Incident
SAIOH
Southern African Institute for Occupational Hygiene
SAP
Systems, Applications and Products in Data Processing
SAP EH&S
SAP Environmental Health and Safety (system)
SDIC
Safety Data Integrity Committee
SHEQ
Safety, Health, Environment and Quality
SOC
State-Owned Company
TRIR
Total Recordable Injury Rate
WCL
Workman’s Compensation Letter
2.5
Roles and Responsibilities
Eskom Holdings SOC Ltd and its subsidiaries shall take all reasonably practicable steps to prevent
all incidents and harm to any person, including members of the public and damage to property.
Controlled Disclosure
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user to ensure it is in line with the authorized version on the system.
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Reg. No 2002/015527/30.
Occupational Health and Safety Incident Management
Procedure
Unique Identifier: 32-95
Revision:
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The Responsible Managers shall be responsible for:
a) Implementing this procedure;
b) Communicating to all their employees, contractors and contractor employees the importance
of compliance with this procedure and the consequences of non-compliance. This includes
communicating duty of care and refusal to perform an unsafe task to all new employees and
new contractors;
c) Implementing a monitoring process for ensuring understanding of, and compliance with, duty
of care and refusal to perform an unsafe task; and
d) Ensuring understanding of, and compliance with, the requirements of this procedure.
Note: Joint ventures: There may be occasions when Eskom and other organisations combine
resources to carry out a joint venture. Unless otherwise stipulated, each company in the joint
venture is liable for its own contraventions and could, therefore, be prosecuted in its own name,
without reference to any of the other companies involved.
2.6
Process for Monitoring
Compliance with the requirements of this procedure shall be audited as per the first- to third-tier
audit process. The OU/BU is responsible for its own monitoring; all other assurance providers will
monitor compliance with this procedure.
2.7
Related/Supporting Documents
Parties using this document shall apply the most recent edition of the documents listed below:
[1] Annexure 1: as required by the OHS Act – document number 240-100003427.
[2] OHS Incident Investigation Report template – document number 240-77046688.
[3] WCL forms.
[4] Preliminary Brief on OHS Incidents document – document number 240-99618317
[5] Process Flow on the process of Capturing, Verification and Validation of Occupational
Diseases – document number 240-134597296
3.
Occupational Health and Safety Incident Management Procedure
The following steps describe the process of incident management and are described in detail in the
remainder of the document:
1.
2.
3.
4.
5.
6.
7.
Incident identification.
Initiation and execution of emergency response.
Notification and reporting to relevant stakeholders.
Incident prioritisation.
Classification and recording of incidents.
Incident investigation.
Management of corrective actions - implementation and monitoring of corrective actions of
incidents.
8. Incident close-out.
9. Incident communication – occurs throughout the incident management process and is not
necessarily a stand-alone step.
Controlled Disclosure
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user to ensure it is in line with the authorized version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC Ltd,
Reg. No 2002/015527/30.
Occupational Health and Safety Incident Management
Procedure
3.1
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Incident Identification
Identify or recognise that an incident has occurred. There are two types of identification or
recognition, that is, direct observation and indirect observation.
To ensure identification of incidents, the Responsible Manager should provide employees with
knowledge and skills as well as foster a culture and environment that motivate employees to
immediately identify incidents as they occur.
Direct observation includes seeing the incident happening or being involved in the incident. For
potential occupational disease incidents, direct observation refers to assessment results by any
medical practitioner or medical surveillance conducted by an occupational health practitioner.
Any medical practitioner who examines or treats a person for a disease described in schedule
three of the COIDA, any other disease that he believes arose out of that person’s employment,
shall within the prescribed period and in the prescribed manner report the case to the person’s
employer and to the chief inspector and inform that person accordingly.
Identification of occupational hygiene-related near-miss incidents must be classified by the
occupational hygiene/safety practitioner.
Indirect observation includes learning of the incident through, for example, complaints, feedback,
or information provided by internal stakeholders (for example, Eskom employees or contractor
employees) or external stakeholders (for example, authorities, members of the public, etc.).
3.2
Initiation and Execution of Emergency Response
a) Emergency response includes, but is not limited to, the following:
i. Rescue operations.
ii. Ensuring that the scene is safe during and after the incident.
iii. Providing emergency care (that is, first-aid treatment) to the injured to stabilise him/her
and prevent further injury and obtaining medical assistance, where necessary and/or
applicable.
b) Activate the appropriate emergency response actions in terms of the site emergency
preparedness plan/procedure.
c) In order to prepare for proper emergency response, the Responsible Manager must assess
the potential risks and develop a suitable response plan to address the risks. In the event of
an incident, emergency care must be provided in accordance with the emergency response
plan for the area.
d) The supervisor/manager must ensure that the injured person receives the best medical care
and, when required, is transported to the doctor/hospital and that the relevant Employer’s
Report (WCL) is duly completed.
e) The supervisor/manager must ensure that a copy of the person’s identity document is
available to the treating doctor/hospital, which will facilitate prompt treatment. The
Supervisor / Line Manager should ensure that the injured is accompanied for medical
treatment, for the purpose of ensuring that the injured person receives the best medical care
and that the relevant medical reports are completed correctly.
f) The OU/BU Responsible Manager is to ensure that specific work instructions relating to
emergency response are available on site and executed accordingly.
Controlled Disclosure
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Occupational Health and Safety Incident Management
Procedure
Unique Identifier: 32-95
Revision:
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g) Emergency response includes collection of evidence, which will assist in establishing the
root cause. When collecting evidence, take cognisance of the 5 Ps (people, position, parts,
paper and process evidence).
h) Collection and preservation of evidence:
i. Immediate actions at the scene following an incident can disturb or potentially remove vital
physical items and information important to the investigation.
ii. The Responsible Manager is responsible for ensuring that complete and correct evidence
and records are identified, collected, recorded and obtained, archived, stored and
preserved to support the investigation of the incident.
iii. The Responsible Manager must take steps to preserve physical items, computer data and
other relevant information until the incident investigation begins.
iv. No person should be allowed to remove, disturb or tamper with any evidence until
authorised to do so by the Responsible Manager or regulatory authority.
3.3
Notification and Reporting
All occupational health and safety incidents must be reported to relevant stakeholders. If
information is not readily available, the available information must be used and an updated
notification must be distributed to all stakeholders as more information becomes available. The
action and responsibility requirements under the Incident Prioritisation section must be referenced
to identify who needs to be notified.
When: when did the incident occur (exact time and date)?
Who:
who was involved in the incident?
Where: where did the incident occur?
What happened: what work was being done at the time, what materials, equipment or
substances were involved?
Note: In the case of incidents involving crime and firearm-related incidents, the relevant Security
Department at the OU/BU, as well as the Eskom Corporate Security Risk Management
Department, must be notified.
3.3.1 Internal stakeholders to be notified for occupational health and safety-related
incidents include the following:
a)
All incidents
i. Supervisor.
ii. Responsible Manager.
iii. Occupational health and safety representative.
iv. Safety Department.
v. Occupational Health Department (if applicable).
vi. If applicable, Fire Management or Emergency Control Department.
Controlled Disclosure
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Occupational Health and Safety Incident Management
Procedure
b)
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Specific incidents
i. In the case of a fatality or a serious incident, notify local Management and Sustainability
Systems Department immediately.
ii. In the case of receiving any notification in terms of the OHS Act, sections 31 or 32, or in
the case of a summons received from the NPA, or any incident where there is a possibility
of liability, immediately contact the Legal Department regarding the appointment of the
attorney. If there are reasons to believe that such an attorney is not required, the OU/BU
must provide, without delay, a detailed motivation which will be assessed by Legal
Department and thereafter a decision will be communicated to the OU/BU.
3.3.2 Eskom employees performing work temporarily at another Eskom OU/BU
a) The Responsible Manager at the OU/BU where the incident occurred shall report to the
relevant stakeholders.
b) The affected employee’s own OU/BU Responsible Manager is responsible for reporting the
incident to the Compensation Commissioner (CC).
3.3.3 Eskom employees performing work at another organisation
If an incident occurs during regular/normal work, the reporting to the CC must be done by the
original OU/BU, although the external organisation (where reasonably practicable) must assist with
completing the documentation for submission to the CC.
3.3.4 Notification requirements for employee and contractor fatalities
a) The OU/BU must provide to the Sustainability Systems Department, immediately, the
detailed information relating to the circumstances of the incident, including details of the
deceased’s next of kin, in order for the announcement to be compiled for communication to
Eskom’s Board, Exco and the rest of the organisation.
b) The fatality announcement to be sent throughout Eskom must be signed off by the Group
Executive or the acting Group Executive.
c) Only the Eskom Communication Department and/or the Eskom spokesperson may disclose
information to the media and/or the public.
d) Information can only be released to any external party after verification by the Eskom Legal
Department.
3.3.5 Notification requirements for potential occupational diseases
Any potential occupational disease/illness must be referred to an Eskom occupational medical
practitioner (OMP) for confirmation. Once confirmed, the OMP shall inform the Responsible
Manager, who must ensure that the incident management process is followed after
confirmation.
Feedback on confirmed occupational diseases:a)
Incidents to be recorded on SAP EH&S.
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b)
Each case must be discussed at the OU/BU statutory committees as required by law.
c)
On a quarterly basis have a standing item to discuss confirmed occupational diseases at
the Group/Divisional SHEQ meetings discussing trends, emerging issues and management
interventions.
d)
Once per year have a standing item at the applicable Executive Committee to discuss
confirmed cases and actions.
3.3.6 Capture initial notification
Capture and communicate the initial notification
a) Initial reports are reports that are submitted by any individual who is reporting an incident to
the relevant OU/BU Occupational Health and Safety Department. They can be provided in
any form, for example, email, OU/BU internal flash report or INO.
b) Initial reports are brief and limited to an outline of the known facts (that is, date, time, place,
what happened, immediate actions taken and persons involved).
c) Eskom’s occupational health staff or external medical practitioners shall, where reasonably
practicable, be responsible for initially assessing the injury sustained and/or disease/illness
contracted by a person in Eskom’s employment, arising out of, and/or in the course of,
his/her employment.
d) The Responsible Manager must ensure that the initial notification is communicated in
accordance with the time frames.
3.4
Incident Prioritisation
From the initial reports, the Responsible Manager, in conjunction with, and advised by, the
occupational health and safety practitioner, must use the matrixes provided to determine the
priority rating of an incident. The Responsible Manager is responsible for ensuring that all those
involved in the prioritisation of incidents are in a position to understand and use the relevant
matrixes.
The priority rating is utilised to:
a)
b)
c)
d)
Ensure that appropriate management of the incident takes place;
Determine the level of action following notification of the incident;
Assist Responsible Managers with prioritising and classifying incidents; and
Provide clear direction about the incident reporting and communication requirements.
Steps involved in incident prioritisation:
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Step 1
Determine the actual or potential outcome, consequence and severity of the incident by using the
Consequence table. Note: For OHS, use the actual outcome for injuries and the potential
outcome for near-miss incidents.
Step 2
Determine the likelihood of a recurrence of this incident by using the Likelihood table. Repeat
incidents must increase the likelihood profile of the incident.
Step 3
Quantify the level of risk associated with the incident by assigning a priority rating to the incident.
Using the information obtained in Steps 1 and 2 of this process, use the Priority matrix to
determine the priority rating.
Step 4
Determine the appropriate action to be taken, as described in the Action and Responsibility
Requirements Table.
Step 5
If the severity of the incident changes, e.g. lost-time injury to a fatality, the priority rating of the
incident must be reviewed and amended, where necessary including updating relevant information
in SAP EH&S.
3.5
Classification and Recording of Incidents
All occupational health and safety incidents, regardless of their rating, must be classified,
prioritised and recorded in the SAP EH&S system according to the CARAT principles. The SAP
EH&S system is the only acceptable system for the capturing of incident information. Contractor
employees working under the Mine Health and Safety Act will be classified and recorded as
contractor employees and not as Eskom employees for the purposes of this document.
3.5.1 Classification
The following must be considered when classifying occupational health and safety incidents:
3.5.1.1 Classification of OHS incidents:
Classification of incidents is based on the severity of the injuries. In order to classify an incident as
a first-aid or medical case, the defining factor will be the evidence collected related to the treatment
received, as established, during the investigation process. In cases where it is not clear whether a
fatality is work related or not, the responsible OU/BU must submit supporting information to the
Sustainability Systems General Manager immediately for a work-relatedness classification. These
incidents must be presented at the next SDIC for ratification.
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3.5.1.2 Type of relationship with the person:
The aim of classifying the type of relationship with the person is to determine whether the
person(s) involved in the incident was/were an Eskom employee(s), contractor employee(s) or
member(s) of the public.
3.5.1.3 Work-relatedness: In order to classify the work status and to determine whether the
incident arose out of, or in connection with, the person at work, one needs to consider the workrelatedness of an incident. Unless otherwise specified in this procedure, as a general rule, an
affirmative answer to all of the following questions is required:
a) Did the incident or exposure occur at any workplace or within workplace boundaries?
b) Did it arise out of, or in connection with, the activities of persons at work, or as a result of a
hazard present in the workplace?
c) Did it occur in the course of a person’s employment?
d) Did it result, or could it have resulted, in personal injury or health impairment?
3.5.1.4 Responsible unit (OU/BU)
Eskom employees: An incident must be captured against the OU/BU/subsidiaries based on the
employee’s organisational structure at the time of the incident.
Contractor employees: An incident must be recorded against the OU/BU/subsidiary with which
the contractor has a contractual relationship and/or any other contractual agreement (including
hand-over documents).
3.5.1.5 Classification of occupational diseases and occupational health impairment
Classification of OHS incidents must be undertaken by the occupational hygiene/safety practitioner
based on the confirmation received together from the Eskom medical practitioner with the
supporting documentation (refer to 240-134597296 – Process Flow on the process of Capturing,
Verification and Validation of Occupational Diseases).
The following will be excluded from the Eskom performance measure:
1. All occupational diseases where a pre-existing condition has been aggravated by the work
conditions.
2. Any incident (as determined by an investigation committee) where an employee was not
exposed to any excessive noise at the workplace after 16 November 2003.
3.5.1.6 Reclassified incidents
Reclassified incidents must be communicated by means of an updated SAP EH&S flash report to
relevant internal stakeholders, together with an explanation of the reclassification. Supporting
documentation or proof must be made available for incident classification, verification and audit
purposes and electronically attached to the incident in SAP EH&S.
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3.5.1.7 Clarification regarding incident classification of occupational health and safetyrelated incidents
Where clarification is required for the interpretation of rules and examples for the classification of
incidents or in order to resolve disputes with regard to occupational health and safety incidents, the
Responsible Manager must send all relevant information to the Sustainability Systems Data
Integrity Committee (SDIC) for review, who will evaluate information and provide direction in
accordance with the Terms of Reference of the SDIC. Third Party at Fault incidents affecting
performance indicators must be submitted to SDIC for ratification.
3.5.1.8 Classification dispute and appeal process
In order to deal with disputes or clarification, OHS incidents requiring clarification must be tabled at
the Eskom Safety Data Integrity Committee (SDIC). These incidents will be reviewed in terms of
this procedure and/or other relevant documentation. Should the OU/BU not be satisfied with the
findings/outcome of the SDIC, the OU/BU is entitled to appeal the decision at the Safety Data
Integrity Appeal Committee.
3.5.2 Recording
3.5.2.1 General requirements
All work-related occupational health and safety incidents must be recorded on SAP EH&S.
All non-work-related occupational health and safety incidents that occur within workplace
boundaries must be recorded on SAP EH&S and it is not necessary to communicate the flash
report. It is the prerogative of the Responsible Manager to decide what to do with the available
information after the investigation.
The following generally agreed principles must be followed with regard to which information is
recorded:

The date on which the incident occurred, as opposed to the date of subsequent
reclassification on severity, for example, deterioration of condition or death.

Any preceding incident, including an occupational disease/illness, that occurred as a result
of exposure to the same agent, impacting the same body part or target organ on a different
occasion and resulting in similar symptoms or health effects, must be reported and
recorded as a new/different incident.
3.5.2.2 Recording of OHS incidents
Recording of occupational diseases or illnesses
The date of the incident for occupational diseases shall be the date of confirmation by the
Eskom Occupational Medical Practitioner as reflected on the First Medical Report in respect of
an Occupational Disease (WCL22).
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This incident must be captured on SAP EH&S as work-related within 48 hours as per
information provided on the First Medical Report. Once the outcome of the investigation proves
that the incident is not work related, SAP EH&S must be updated immediately to reflect
changes on the work relatedness. All Occupational Diseases whereafter the investigation, are
regarded as not work related, or where the OU/BU requires clarity/assistance, those
Occupational Diseases must be submitted to SDIC for final classification. An Occupational
Disease involving a pensioner shall be submitted to SDIC for final classification.
The date of an occupational health impairment incident shall be the date reflected on the
Noise-Induced
Hearing
Loss
Notification
form
(240-75512947).
Occupational
diseases/illnesses will be recorded against the OU/BU to which the employee belongs at the
date of confirmation by the Eskom Medical Practitioner, unless it can be proven that the
occupational disease/illness was caused by the activities of another OU/BU.
3.6
Incident investigation
3.6.1 General
a) All investigation reports must be considered controlled disclosure documents in accordance
with the Eskom document management requirement.
b) All health and safety incidents must be investigated, excluding non-work-related incidents
occurring outside workplace boundaries.
c) During the investigation of repeat incidents, ineffective corrective actions for previous
incidents must be considered.
d) In order to avoid potential or perceived conflict of interest, the chairperson of an
investigation committee shall not be a direct manager/supervisor of the injured/involved.
e) Where there are investigations, hearings or inquiries initiated by the DoL or Department of
Mineral Resources, Department of Energy and the South African Police Services, the
Responsible Manager must inform the Sustainability Systems and Legal Departments,
where a legal representative will be appointed as part of the investigation, hearing or
inquiry.
f)
In the case of incidents involving crime, the OU/BU Security Department and Eskom
Security Risk Management from the Sustainability Systems Department must be involved in
both the employer’s investigation and the Corporate Legal investigation.
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g) The employer’s investigation report (Annexure 1 in terms of the OHS Act) must be
completed by the OU/BU-appointed Investigating Committee’s chairperson (investigator)
and signed off by the applicable OU/BU Responsible Manager as the representative of the
employer/user. Annexure 1 for contractor incidents is to be signed off on a similar basis,
unless the Contractor’s Policies and Procedures stipulates otherwise.
h) The onus is on the OU/BU manager to provide evidence for the reasons why the Internal
OHS Investigation could not be completed within 30 days. This evidence must be loaded
on SAP EH&S.
i) The results of the OHS investigation must be captured on the Eskom Internal OHS
Investigation template: Form 240-77046688.
j) All investigation results must be documented, reviewed (where necessary) and captured on
SAP EH&S, including root cause analysis and identified corrective measures. The root
cause analysis must be electronically attached to the incident in SAP EH&S. Investigations
by government agencies could also trigger a review of the initial incident information
captured.
k) Records must be kept by the OU/BU of all OHS Act section 24 incidents, lost-time injuries
and medical treatment cases on the Annexure 1 form (as required in the OHS Act –
General Administrative Regulations for Recording and Investigation of Incidents) for all
employees, contractors and members of the public. All investigation reports must be kept
and archived for at least 25 years, unless another period has been specified in legislation or
in any court proceedings that may ensue. All reports describing an incident involving a
minor must be kept and archived for at least three years after such person becomes an
adult.
l) To determine the estimated cost of an incident, the Compensation Commissioner Cost
Calculations should be utilised.
m) All reports must be kept safe and secure.
n) The Eskom Internal Investigation Report’s disclosure is controlled, it is for internal use only.
It may only be disclosed to third parties with specific authorization or consent from Legal
and Compliance Department.
o) This information includes a wide spectrum of internal business data that can be used by all
employees and can be shared with authorized busine
p) The completed Annexure 1 form, as required in terms of the OHS Act – General
Administrative Regulations for Recording and Investigation of Incidents, may be made
available to a third party on request and in consultation with the Eskom Legal Department.
q) Chapter 23 of the MHSA Regulations sets out the manner in which incidents are to be
reported to the Mine Health and Safety Inspectorate on the following forms: SAMRASS 1,
2, 4, and 9 in accordance with Chapter 21 of the MHSA Regulations, as may be required, in
consultation with the Eskom Legal Department.
r) In the case of incidents involving contractor employees, the contractor must investigate
those incidents as an employer in his/her own right (employer’s investigation) and generate
a report. The report and Annexure 1 must be submitted to the applicable OU/BU or on
request to the Department of Labour by the contractor. Eskom may participate during
these investigations.
s) All reports related to investigations, with the exception of Annexure 1, must be marked and
treated in accordance with Eskom’s document management process.
The investigation report must include the following information:
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i. The details of the incident (type of incident, what occurred, sequence of events when
and where the incident occurred).
ii. Incident consequences and impacts.
iii. The risk of the incident reoccurring using a root causes analysis technique and the
likelihood and consequence table within this document.
iv. Direct or immediate cause(s).
v. Root causes, taking into consideration human, workplace and natural factors (who, what
and why).
vi. Identify system failures (procedure non-conformance, training, plant failure, etc.).
vii. Corrective actions to remedy and prevent a reoccurrence of the incident.
viii. Lessons learnt and recommendations.
3.6.2 OHS incidents
a) All incidents occurring within workplace boundaries must be investigated regardless of work
relatedness. Such incidents must be investigated to identify any possible contributing causes
and to make recommendations on preventing any repeat incidents.
b) The investigation of non-work-related incidents that do not occur at the workplace, including
non-work-related commuting incidents is not required. In some cases an investigation can be
requested by the Responsible Manager where the Responsible Manager has a very good
reason to request such an investigation (where Eskom has an interest to understand the
reasons/root causes) with permission from an employee. These lessons could be shared in
the organisation to prevent repeat incidents.
c) It must be noted that the employer does not have the mandate to investigate incidents that
occurred at an employee’s home, unless the person was performing work from home
(defined as telework) at the time of the incident, in which case the incident would be
regarded as work related.
d) Eskom investigations will consist of an OU/BU investigation, or depending on the severity of
the incident (as determined in the incident prioritisation section), a corporate investigation
will be held.
e) In cases of incidents involving contractor employees, the contractor must investigate those
as an employer in his/her own right (employer’s investigation) and generate a report. The
report and Annexure 1 must be submitted to the applicable OU/BU or on request to the
Department of Labour by the contractor. Eskom may participate during these investigations
e) The employer’s investigation under the MHSA must be conducted as set out in section
11(5), as revised, of the MHSA.
f) Root cause analysis techniques
A root cause analysis technique must be used for all employee and contractor OHS
investigations.
3.6.3 Employer’s investigation
3.6.3.1 OU/BU investigations (excluding serious and fatality investigations)
The Investigation Committee should consist of the following, given the nature of the incident:
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a) A chairperson (appointed in writing by the employer) as the investigator of the incident, who
must be at a level defined in the Action and responsibility requirement table, provided there
is no conflict of interest or perceived conflict of interest, the chairperson of an investigation
committee shall not be a direct manager/supervisor of the injured/involved.
b) Where applicable, a subject matter specialist(s) may be appointed by the OU/BU.
Note: In the case of a serious incident or a fatality, the representative from Sustainability
Systems Department and/or, if applicable, the independent subject matter specialist(s) as
determined by Sustainability Systems Department will also be a member of the committee.
c) Representatives from all entities, where multiple organisations and/or Groups/Divisions are
involved in an incident.
d) The relevant supervisor/manager under whose supervision the incident occurred shall be
the first person to give evidence related to the incident and will be allowed to remain in
attendance at the investigation as an observer, provided there is no conflict of interest.
e) The applicable local workplace statutory health and safety representatives, as required by
the OHS Act.
f) If available, the applicable Full Time Health and Safety Representative, as per Health and
Safety Agreement. The OU/BU shall extend the invitation to the applicable Full Time Health
and Safety Representative.
g) The applicable local union representative as per Eskom’s recognised trade unions may
participate during an employee employer’s investigation, including the process of evidence
collection, investigation, formulation of findings and corrective actions. The applicable union
representative must be from the union in which the involved person is affiliated to.
h) An applicable BU OHS Department representative.
i) In case of an incident involving a person with disability, the investigation committee must
consist out of a representative from Human Resources (HR) and an Occupational Hygiene
Practitioner registered with SAIOH at least at Occupational Hygiene Technologist level.
Depending on the complexity of the incident, the Occupational Hygiene Practitioner in
consultation with HR will recommend additional specialist if and when required to assist with
effective investigation of the incident.
Witnesses
a) Direct and indirect witnesses as determined by the investigation committee.
b) Depending on the case, the relevant OHS Act GMR 2(1) person appointed for plant-related
incidents or his/her assistant in terms of GMR 2(7).
c) Where applicable, the person appointed in terms of Construction Regulations as the Client
Health and Safety Agents.
Note: A witness may be recalled to answer further questions of the committee, as
determined by the chairperson.
The Investigation Committee chairperson is responsible for the process of evidence collection,
investigation, formulation of findings, identification of root causes, formulation of corrective actions,
compilation of an investigation report and completion of Annexure 1 (OHS Act).
Note 1: In the case of a committee member who needs to testify as a witness, such a member
needs to be excluded from the investigation sitting until such time as he/she has given his/her
testimony and thereafter the chairperson can exercise his/her prerogative to allow such a person to
become a member of the committee.
Note 2: The investigation may not continue if either the chairperson, the Responsible Manager or
his/her delegate (provided there is no conflict of interest), the statutory Health and Safety
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Representative and the subject matter specialist(s) determined by the chairperson is not present.
Note 3: The Sustainability Systems Department, as well as an identified subject matter
specialist(s), may attend as observers on the invitation of the most senior persons appointed under
the MHSA or relevant legal representation.
Note 4: The initiation of the incident investigation must not be delayed due to the unavailability of
any witness.
Note 5: Sustainability Systems has the prerogative to participate as it may deem fit and consulted
with the relevant OU/BU Responsible Manager, in any incident investigation notwithstanding the
priority rating or incident classification. Corporate OHS (Sustainability Systems) may also request,
through the relevant management structures, any incident investigation report and consult on the
contents of such a report. Corporate OHS (Sustainability Systems) may lead any investigation at
the request of any senior manager.
Note 6: The site owner where an incident occurred has the right of access to any employer’s
investigation report and may consult the contents of such a report, which shall be requested
through the relevant management structures. The employer (Responsible Manager) is responsible
for informing the applicable site owner of all incidents that occurred on site. Where applicable, the
reporting mechanism must be stipulated in the SHE specifications and reflected in the SHE plan.
3.6.2.1.2
Public incidents
a) Public fatalities:
i. In the case of fatalities that involve members of the public, a corporate legal investigation
must be conducted. The OU/BU must notify Sustainability Systems and Legal
Departments immediately.
ii. The Legal Department will appoint an attorney from Eskom’s panel of attorneys to chair
the investigation. The OU/BU must immediately mobilise a team who will collect
evidence and assist in conducting the corporate legal investigation. The Sustainability
Systems Department will assist the corporate legal chairperson during the investigation
and oversee the collection of evidence, statements, conducting of root cause analysis
and completing the investigation
iii. In the case of electrical related incidents that occurred beyond the point of supply or
involving electrical related criminal activities (theft), the onus is on the OU/BU to conduct
its own investigation, and if there is any reason to believe that a corporate legal
investigation is required, the OU/BU needs to provide a motivation accompanied by
supporting documentation to the Sustainability Systems and Legal Departments for a
decision.
b) Non-fatal public incidents:
i. In the case of all other incidents involving members of the public where there were
injuries (excluding fatalities), an employer’s investigation must be conducted, chaired by
a person appointed by the OU/BU Responsible Manager. This includes incidents beyond
point of supply.
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ii. If, at the conclusion of an employer’s investigation, there is/are any reason(s) to believe
that potential liability on Eskom’s part exists, the chairperson of that Investigation
Committee, together with the OU/BU manager, must provide the Corporate Legal
Department with the applicable investigation report, evidence related to the incident,
completed root cause analysis and reasons for requesting the appointment of an
independent legal chairperson. The Legal Department will assess the information
provided and indicate whether liability exists and whether a corporate legal investigation
needs to be conducted. This includes incidents beyond point of supply.
3.6.4 Corporate investigations
3.6.4.1 Corporate specialist investigation (employee and contractor serious incidents)
a) Sustainability Systems Department will appoint and mobilise an independent investigation
subject matter specialist to facilitate and coordinate the collection of evidence, statements
to support the OU/BU-appointed chairperson/investigator.
b) The OU/BU must appoint an independent chairperson (at least M17) from another OU/BU
to chair the investigation.
c) The OU/BU employer’s investigation chairperson/investigator must provide the investigation
final report in accordance with the Internal OHS Investigation template (240-77046688)
within 10 working days after conclusion of the investigation to the OU/BU Manager and
Sustainability Systems Department. The independent subject matter specialist(s) (referred
to in a) above, will provide a separate technical report to the Sustainability Systems
Department.
d) If there is potential liability, the Legal and Sustainability Systems Departments must be
provided with a motivation for such possible liability in order to advise the OU/BU on the
way forward.
3.6.4.2 Corporate legal investigation (fatalities)
a) In the case of employee and contractor fatalities, the Sustainability Systems Department
will initiate a corporate legal investigation and mobilise a team immediately, who will
facilitate and coordinate the collection of evidence (to support the OU/BU appointed
chairperson of the employer’s investigation and appointed legal practitioner), take
statements, conduct root cause analysis and complete the investigation chaired by an
independent legal person.
b) The OU/BU must ensure that an employer’s investigation is conducted and a report is
generated before the legal investigation. This employer’s investigation report needs to be
amended if there is new evidence emanating from the legal investigation. The employers
report shall be among the source documents that should be utilised to compile
presentations to various Management committees (e.g. OU/BU committees, Exco, etc.).
c) A safety culture perception survey, when required, may be conducted (to form part of
feedback to the applicable executive committee during the close-out presentation).
d) In case of an employee fatality, Eskom flags may be flown at half-mast at Megawatt Park
and at the main site office where the fatality occurred (if flags are available) for seven (7)
consecutive days.
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Note 1: At the discretion of the Group Chief Executive, in the case of multiple fatalities,
additional memorial-related interventions may be executed. When available, the Group Chief
Executive is to visit the site where the fatality occurred.
Note 2: In cases where the MHSA applies, the investigation process set out in it will be
followed. Thereafter, a corporate investigation may continue, as may be required by Eskom.
3.6.4.2.1 Corporate Legal Investigation Committee (fatalities)
The Corporate Legal Investigation Committee, as determined by the Sustainability Systems
Department, will be structured and limited to the following members:
a) Core committee members
i. Chairperson – a legal practitioner formally appointed by the Eskom Legal Department.
ii. In cases where the incident resulted in a fatality of an Eskom employee(s) and/or
contractor employee(s), the Responsible Manager, appointed in terms of section 16(2) of
the OHS Act, or his/her delegated person, in whose area the incident occurred must be a
member of the Corporate Legal Investigation Committee.
iii. Sustainability Systems Department representative.
iv. The OU/BU employer’s investigation chairperson (appointed investigator)
v. OU/BU occupational health and safety manager or nominee.
vi. OU/BU senior management representative (provided that he/she has no direct
involvement in the particular incident).
vii. Representatives from other divisions in cases involving multiple divisions.
viii. The local statutory health and safety representative.
ix. If available, the applicable Full Time Health and Safety Representative, as per Health and
Safety Agreement. The OU/BU shall extend the invitation to the applicable Full Time
Health and Safety Representative.
x. In cases where the MHSA applies, the following members may be included as committee
members: 4(1) employer’s representative, 3(1) (a) mine manager, and 2.13.1 engineering
manager (mining equipment)/mine engineer.
xi. In case of contractor fatalities, the contractor management representative has the right to
be present while his or her employee is giving evidence.
b) Members
i. If available and where required, the Eskom A&F Department representative/nominee, who
performs the role of providing independent assurance to Exco.
ii. A subject matter specialist(s), as determined by the committee, to advise the chairperson.
iii. If applicable, a representative of the Eskom Security Risk Management Department.
iv. The applicable local union representative as per Eskom’s recognised trade unions may
participate in employee legal investigations, including the process of evidence collection,
investigation, formulation of findings and corrective actions. The applicable union
representative must be from the union in which the involved person is affiliated to.
c) Observers
Any other person allowed by the chairperson on a formal application.
Note: The chairperson may at his/her own discretion grant permission to any observer to
ask questions during the investigation.
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Occupational Health and Safety Incident Management
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Unique Identifier: 32-95
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d) Witnesses
i. Direct and indirect witnesses as determined by the Sustainability Systems Department and
the investigation committee.
ii. Depending on the case, the relevant OHS Act section GMR 2(1) person appointed for
plant-related incidents.
iii. Where applicable, the person appointed in terms of the Construction Regulations as the
Client Health and Safety Agent.
Note: A witness may be recalled to answer further questions of the committee, as
determined by the chairperson.
3.6.4 Inquiries, investigation and hearings initiated by government agencies
i. National, provincial, and regional government agencies have the legal authority to inquire
into, or investigate, certain incidents.
ii. Any inquiry or investigation by any of these agencies should be preceded by giving proper
notice to the organisation.
iii. When any of the following notices are received:
• Notifications issued by the DoL (in terms of the OHS Act sections 31 and 32 and
section 56 of COID Act – Application for Increased Compensation).
• Where the MHSA applies, the Mine Health and Safety Inspectorate may convene an
investigation in terms of section 60 of the MHSA and/or an inquiry in terms of section
65 of the MHSA.
• The OU/BU must immediately inform the Sustainability Systems and Legal
Departments of such notice or requests received by providing a copy of the notice,
relevant investigation report, and supporting documents.
iv. Requests by government agencies for access to the site’s investigation reports and
related materials must be made in writing and reviewed by Eskom’s Legal Department
before they are granted, as may be applicable.
v. Employees have the right not to incriminate Eskom or themselves.
vi. In the case of incidents involving contractor employees, the investigation will require the
contractor’s involvement.
vii. In the case where a contractor does not cooperate during any part of the Eskom
investigation, in terms of contractual and legal obligations, Eskom shall take further steps
to ensure that the immediate and root causes of the incident have been identified and to
ensure that workable corrective actions are identified and implemented and that actions
that will prevent the repeat of such an incident are implemented in order for Eskom to fulfil
its legal obligation.
viii. When required, all persons must be available and cooperate during any investigation by
the Department of Labour or NPA.
Note: All reports related to investigations, with the exception of Annexure 1, must be marked
and treated in accordance with Eskom’s document management process.
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user to ensure it is in line with the authorized version on the system.
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Occupational Health and Safety Incident Management
Procedure
3.7
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Revision:
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Management of Corrective Actions (Safety Measures)
3.7.1 Implementation and monitoring of corrective actions of incidents
a) There must be at least one corrective action for each root cause identified during the
investigation.
b) The Investigation Committee must consider the following hierarchy of control when
formulating corrective actions:
i. Engineering control for the purpose of designing/redesigning in order to eliminate the risk.
ii. Barriers to isolate/insulate between the source and employees or animals.
iii. The provision of personal protective equipment should be the last resort.
c) Planned start and end dates for all corrective actions must be clearly defined and must be:
i. Specific;
ii. Measureable;
iii. Achievable;
iv. Realistic, with clearly allocated responsibilities; and
v. Timeous, with clear deadlines.
d) Corrective actions and restart criteria/conditions that have to be completed before
operations may resume must be clearly identified in the investigation report. Other corrective
actions (for example, longer-term system-related improvements or evaluations) often have a
completion date that extends beyond the start-up date.
e) Identify potential risks that can influence the achievement of the corrective actions, and
document in the investigation report how these risks should be mitigated.
f) All corrective actions must be verified by the person responsible in order to determine
effective implementation. Documentary evidence of the implemented corrective actions
must be available and attached electronically to the incident in SAP EH&S before the
corrective action is closed on SAP EH&S.
g) Where a corrective action that has been implemented is deemed ineffective and, therefore,
unsuccessful, the corrective action(s) must be revised by the Investigation Committee and
implemented. An alternative corrective action measure must be identified to address the
root cause(s).
h) The revised corrective actions must be approved by the chairperson of the Investigation
Committee, and the report must be revised accordingly. The chairperson must provide the
motivation and/or justification for the decision. The previous ineffective corrective actions
must be closed out on SAP EH&S and a new corrective action must be identified and
captured on SAP EH&S.
i) Risk assessment must be done to ensure that any corrective actions that constitute an
improvement does not create an additional risk or increase the existing risk.
j) To ensure the prompt follow-up and close-out of corrective actions from an incident
investigation report, periodic status reports must be provided from SAP EH&S to site
management until all recommendations have been acted on and closed out.
k) The Statutory Occupational Health and Safety/SHEQ Committee meeting must also track
the corrective actions, target dates and responsible person(s) identified during investigations
and note, in the minutes, the discussion points on the progress made with the
implementation of corrective actions. The minutes must be kept for at least three years.
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Occupational Health and Safety Incident Management
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Unique Identifier: 32-95
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l) The OU/BU manager, as the Responsible Manager, is responsible for reviewing/analysing
the recommendations made in the incident investigation report, assigning responsibilities to
the relevant applicable Responsible Managers and providing the necessary resources to
implement the recommendations made, within a reasonable time frame that does not
expose persons to risk for an unnecessarily long period and to prevent recurrence of the
incident.
m) After implementation of all OHS corrective actions for incidents with an extreme priority
rating, the Responsible Manager must ensure that an independent and objective person,
who was not involved in the investigation, verifies the effectiveness of the corrective action/s
implemented within three months after the planned end date of each corrective action and
generates a report.
3.8
Incident close-out
a) Close-out is the final step in the incident management process. The action of closing out an
incident signifies that all corrective actions have been effectively implemented and case
studies have been effectively communicated and all relevant documents have been attached
on SAP EH&S.
b) The incident must then be closed out in SAP EH&S as an action.
3.9
Incident Communication
The following are the communication means for occupational health and safety incidents:
a) Initial incident notification reports must be submitted by any individual who is reporting an
incident to the relevant OU/BU Occupational Health and Safety Department. They can be
provided in any format, that is, email, OU/BU flash report, or INO.
b) The SAP EH&S flash report is the formal notification informing all relevant stakeholder/s
(specified in the Action and Responsibility Requirements Table) that an incident has
occurred.
c) Fatality announcement – the Sustainability Systems Department will send out an SMS and
an announcement for employee and contractor work-related fatalities.
d) The memorial wall shall be updated with relevant information.
e) Occupational health and safety preliminary brief – the preliminary brief report must state the
key learning points, which need to be shared in accordance with the Action and
Responsibility Requirements Table in order to create immediate awareness and to prevent
reoccurrence. The Responsible Manager where the incident occurred is responsible for
compiling an incident preliminary brief. Where required, the preliminary brief must be
communicated to the Sustainability Systems Department for further distribution to all
relevant stakeholders.
f) When compiling the preliminary brief, consider the following:
i. The key learning points should be those points that are obvious (not necessarily the root
causes, as they might not be available at the time of communication).
ii. They must only cover a few main points.
iii. Focus on positive points as well.
iv. Protect individuals by excluding names and places or any other information that could be
sensitive. Where reasonably practicable, use photos that are relevant to the incident. Be
sensitive towards the reader. Do not include any sensitive photos or information.
v. The OU/BU must ensure that this information is disseminated to all affected and
interested parties who could benefit from the feedback. The OU/BU Responsible
Manager must ensure that the effectiveness of shared key learning points is monitored.
vi. The communication of the preliminary brief should not be delayed by waiting for the
incident investigation outcome/report. Key learning points are, therefore, not findings or
recommendations.
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Occupational Health and Safety Incident Management
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Unique Identifier: 32-95
Revision:
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Fatality Presentations to Executive committee
a) Presentations must be made to the applicable executive committee on all employee and
contractor fatalities by the relevant Group/Divisional Executive or delegated senior
manager.
b) Any additional and/or amended information provided at the applicable executive committee
must be updated on SAP EH&S and a revised case study must be republished immediately
on the Eskom publication tool, e.g. Hyperwave.
Case studies must be published for the following incidents:
a) Case studies must be published for all occupational health and safety incidents rated with a
priority rating of extreme, high and/or moderate. In the case of near-miss incidents, publish
those rated as extreme.
b) Public fatalities and injuries (excluding public crime-related incidents and incidents that
occurred beyond point of supply) with a priority rating of extreme, high and/or moderate.
For the above incidents, after the investigation has been completed, the findings, the root
cause analysis and the corrective actions must be captured on SAP EH&S. The case study
must be generated and formally communicated within the OU/BU within five (5) working
days after finalising the investigation report (5 days from date of signature).
For fatalities, the OU/BU must, within seven working days after the initial presentation of the
incident at the executive committee, compile and forward the case study to Sustainability
Systems, where after it will be communicated Eskom wide. The OU/BU must ensure that all
case studies are published on an Eskom publication site, for example, Hyperwave.
2.10 Guidance to chairpersons during disciplinary hearings related to occupational health
and safety incident management
Transgression of any of the following will be treated as misconduct:
a) If misleading information is deliberately supplied or information is deliberately withheld.
b) If evidence is wilfully withheld, removed, disturbed, tampered with or distributed without the
relevant permission.
c) If a witness or any person involved in the incident investigation process is victimised or
intimidated.
d) If notification of the incident is not given within the specified time frames.
e) If prioritisation of the incident is deliberately or wilfully manipulated to indicate a lower
priority.
f) If any incident is not fully investigated within the time frames specified.
g) If incidents are deliberately classified wrongfully.
h) If any incident is not recorded.
i) If corrective actions are not implemented within the time frames agreed and captured in SAP
EH&S.
j) If the effectiveness of corrective actions is not assessed within the required time frames.
Note 1: The collection of evidence for the purpose of the disciplinary process must be conducted
separately from the occupational health and safety incident investigation process.
Controlled Disclosure
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Occupational Health and Safety Incident Management
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Unique Identifier: 32-95
Revision:
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Note 2: The disciplinary process must collect its own evidence
Acceptance
This document has been seen and accepted by:

OHS Steering Committee

Risk and Sustainability Management Committee
4.
Revisions
Date
Rev.
Compiler
Remarks
June 2018
8
M Zondi
• Inclusion of the Full Time Health
and Safety Representative in OHS
Investigation as committee
members.
October 2017
7
M Zondi
• Align to current business
requirements, e.g. Management of
Occupational Diseases, review
classification of incidents.
• Exclusion of environmental
requirements from the document.
November 2015
6
SN Middel
Clarification required as requested by
the Legal Department with regard to
the investigation process into cases of
serious incidents and fatalities in so
far as alignment with the employer
investigation and the corporate
investigation process. To clarify the
corporate investigation process for
incidents where no injuries occurred
or in the case of third party
investigations with serious
consequences for the business.
April 2015
5
SN Middel
OHS Steering Committee raised a
concern regarding the practicality of
managing incidents at the operational
level as some of the processes are
complex. This initiated a procedure
review.
5.
Development Team
The following people were involved in the development of this document:

Mthoko Zondi

Mara de Kock
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Occupational Health and Safety Incident Management
Procedure
6.
Unique Identifier: 32-95
Revision:
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Acknowledgements
GROUP/DIVISION
NAME
GROUP/DIVISION
NAME
Risk and Sustainability
Alex Stramrood
Group Capital Division
Ndiaphe Modau
Group Customer Services
Amanda Qithi
Risk and Sustainability
Nirasha Rajdeo
Union Representative
Bertie de Jager
Risk and Sustainability
Nosipho Noveve
Risk and Sustainability
Bryan McCourt
Eskom Rotek Industries
Paul Faloona
Distribution
Donald Kekana
Group IT
Pumeza Mabunda
Human Resources
Duke Lebethe
Transmission
Revive Nkuna
Corporate Affairs
Elthea Magodla
Risk and Sustainability
Robin Pillay
Union Representative
Khabo Mhlahlo
Generation
Ronnie Behr
Distribution
Lenny Babulall
Group Finance
Sekete Pule
Assurance and Forensics
Lesley Motshelanoka
Group Capital Division
Sheryl Isaacs
Transmission
Luvengo Ndlovu
Risk and Sustainability
Sibongile Masipa
Group Commercial
Meisie Sindane
Risk and Sustainability
SN Middel
Group Commercial
Mikateko Chauke
Risk and Sustainability
Sue Fourie
Risk and Sustainability
Mara de Kock
Generation
Tendani Mukhuba
Risk and Sustainability
Mike Townsend
Group Finance
Theresa Nuthall
Risk and Sustainability
Mpapadi Monyela
Corporate Affairs
Wandile W Katoo
Risk and Sustainability
Mthoko Zondi
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Policy
Title: Smoking Policy
Document Identifier:
32-1126
Alternative Reference N/A
Number:
Area of Applicability:
Eskom Holdings SOC Ltd
Functional Area:
HR - Health and Wellness
Revision:
1
Total Pages:
9
Next Review Date:
November 2016
Disclosure
Classification:
Controlled Disclosure
SM/EDC/Formatted 08.04.2014/TR EDC published 19.08.2014
32-2 Rev 6 Policy/Directive Template
Smoking Policy
Unique Identifier:
32-1126
Revision:
1
Page:
2 of 9
Content
Page
1.
Introduction .................................................................................................................................................. 3
2.
Policy Content ............................................................................................................................................. 3
2.1 Policy Statement ................................................................................................................................ 3
2.2 Policy Principles or Rules ................................................................................................................... 4
3.
Supporting Clauses ..................................................................................................................................... 5
3.1 Scope ................................................................................................................................................. 5
3.2 Normative/Informative References..................................................................................................... 5
3.3 Definitions ........................................................................................................................................... 6
3.4 Abbreviations ...................................................................................................................................... 7
3.5 Roles and Responsibilities ................................................................................................................. 7
3.6 Process for Monitoring ....................................................................................................................... 8
4.
Acceptance .................................................................................................................................................. 8
5.
Revisions ..................................................................................................................................................... 8
6.
Development Team ..................................................................................................................................... 8
7.
Acknowledgements ..................................................................................................................................... 9
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Hard copy printed on: 19 August 2014
Smoking Policy
1.
Unique Identifier: 32-1126
Revision:
1
Page:
3 of 9
Introduction
Smoking tobacco products is a health hazard. Eskom as an employer, has an obligation as per the
requirements of the Occupational Health and Safety Act and its amendments, Act 85 0f 1993
(OHSA) and the Tobacco Products Control Act, 1993 (Act No. 83 of 1993) to maintain a healthy
and safe environment for its employees and visitors while also respecting individual choices.
The duty of employees under these Acts is to take reasonable care to protect their own health and
safety and that of others and to cooperate with the employer in ensuring that the employer
complies with these requirements.
2.
Policy Content
2.1
Policy Statement
The health and well-being of employees and visitors are of the utmost importance to Eskom. It is,
therefore, Eskom’s intent to provide a smoke-free environment for its employees and visitors in the
existing facilities and workplace. As the inhalation of environmental tobacco smoke (ETS) has
been conclusively proven to be a major health hazard, the desire to have a smoke-free
environment will take precedence over the desire of smokers to smoke.
Eskom continuously strives to advise and inform employees of the risks associated with smoking,
and share the benefits of not smoking and methods on how to stop smoking. Employees who wish
to stop or quit smoking are encouraged to do so.
A Smoking Cessation Programme, in the form of continuous education and awareness campaigns
is in place and is aimed at encouraging and supporting employees who wish to stop smoking. Our
internal team of Health & Wellness practitioners, as well as the Employee Assistance Programme
professionals, are there to monitor and provide support to all employees who wish to stop smoking.
2.1.1 Smoking Policy
a) All employees have to be fully conversant with this policy and how it relates to the
provisions of the Occupational Health and Safety Act and its amendments, Act 85 0f 1993
(OHSA) and the Tobacco Products Control Act, 1993 (Act No. 83 of 1993). This shall
include making the contents of this policy available to all new appointees during human
resources induction programmes.
b) Compliance with this policy is mandatory for all employees and persons visiting all Eskom
premises, with no exception.
c) Employees or persons who violate this policy, shall be subjected to disciplinary action in
accordance with Eskom’s disciplinary procedure.
d) Any disputes involving smoking violations shall be handled in accordance to Eskom dispute
resolution procedure.
e) Eskom encourages all smoking employees to stop smoking. The health and wellness
department staffs are available to support and assist employees who wish to stop smoking.
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Smoking Policy
2.2
Unique Identifier: 32-1126
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Policy Principles or Rules
a) Smoking tobacco products (including electronic cigarette or e-cigarette) is prohibited within
the building structures of Eskom with no exception. This includes passages, toilets and
staircases
b) Smoking is not allowed in “partially enclosed” public places, covered patios, verandas,
balconies, walkways, and parking areas, nor in any Eskom vehicles.
c) Workplace areas and premises should display appropriate no smoking signage in line with
the stipulations of the Tobacco Act.
d) Smoking outdoors is regulated. Where possible, Eskom shall provide outdoor designated
areas as areas in which smoking is permitted, such areas should comply with the
requirements stipulated in the tobacco Act, and should not be within 20meters distance
from the main entrances to the buildings, from a windows or door way into a public place;
and should be clearly marked and demarcated.
e) Suitable signs marked “SMOKING AREA” shall be displayed outside the building in all
designated smoking areas.
f)
No person under the age of 18 may be allowed into a designated smoking area.
g) All designated smoking areas shall display the following message at their entrances:
“SMOKING OF TOBACCO PRODUCTS IS HARMFUL TO YOUR HEALTH AND TO THE
HEALTH OF CHILDREN, PREGNANT OR BREASTFEEDING WOMEN, AND NONSMOKERS. FOR HELP ON QUITTING, PHONE 011 720 3145.
h) Notices and signage indicating areas where smoking is permitted and not permitted shall
be permanently displayed, and signs indicating that smoking is not permitted shall carry the
warning: “ANY PERSON WHO FAILS TO COMPLY WITH THIS NOTICE SHALL BE
PROCECUTED AND MAY BE SUBJECT TO DISCIPLINE OR A FINE”.
i)
Smoking shall be permitted in that area only and in no other part of the workplace.
j)
No employee or visitor shall smoke any tobacco product within 20meters distance from the
main entrances to the buildings, from a windows or door way into a public place
k) No employee or visitor may smoke along any pathway or walk way leading to the
designated smoking area, nor any grassy area, courtyard, parking lot and in the canteen.
l)
Smokers and users of tobacco products must dispose of the remains in proper containers
provided for in the designated areas.
m) Ashtrays should also not be made available or displayed at entrances of the buildings or in
any areas where smoking is prohibited.
n) Employees who do not smoke should avoid the marked outdoor designated smoking areas,
to prevent exposure to second-hand smoke.
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Smoking Policy
3.
Unique Identifier: 32-1126
Revision:
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Supporting Clauses
3.1
Scope
3.1.1 Purpose
This policy guarantees all employees the right to work in a smoke-free environment. The purpose
of this policy is to promote health and safety and prevent disease through the elimination of
environmental tobacco smoke (ETS) and to comply with the requirements of the Occupational
Health and Safety Act and the Tobacco Products Control Amendment Act by providing and
maintaining a work environment that is safe and without risk to the health of employees.
This policy sets restrictions on smoking areas, accommodating the preferences of smokers as well
as non-smokers.
3.1.2 Applicability
This policy shall apply throughout Eskom Holdings SOC Limited, its divisions, subsidiaries, and
entities in which Eskom has a controlling interest, including Eskom’s clients, visitors, and
contractors.
3.2
Normative/Informative References
Parties using this document shall apply the most recent edition of the documents listed in the
following paragraphs.
3.2.1 Normative
[1]
[2]
[3]
32-1122: Health and Wellness Policy
32-727: Safety, Health, and Environment Policy
Occupational Health and Safety Act, No. 85 of 1993.
3.2.2 Informative
[1]
ISO 9001 Quality Management Systems.
[2]
Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993
[3]
Tobacco Products Control Act 83, 1993, as amended
[4]
Tobacco Products Control Amendment Act, No. 12 of 1999
[5]
Tobacco Products Control Amendment Act, No. 23 of 2007
[6]
Tobacco Products Control Amendment Act, No. 63 of 2008
[7]
Drugs and Drug Traffic Act No. 140 of 1992.
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Smoking Policy
3.3
Unique Identifier: 32-1126
Revision:
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Definitions
Definition
Explanation
Occupational health
practitioner (OHP)
Unless the context dictates otherwise, shall mean either an occupational
health nursing practitioner or an occupational health medical practitioner.
Environmental tobacco
smoke
This is a combination of “drift” smoke from the burning end of a cigarette
and the smoke exhaled by a smoker. The inhalation of ETS is called
passive, involuntary, or second-hand smoking.
An electronic cigarette,
also known as an ecigarette or personal
vaporiser
Is a battery-powered device that provides inhaled doses of nicotine by
way of a vaporised solution. It is an alternative to smoking certain tobacco
products, such as cigarettes, cigars, or pipes.
Premises
As defined in the HSA, include any building, vehicle, vessel, train, or
aircraft in which a person performs work in the course of his/her
employment.
Prohibited
Something that we must refrain from doing because it is illegal.
Public place
Means any indoor, enclosed, or partially enclosed area, which is open to
the public, and includes a workplace and a public conveyance.
Public conveyance
A means of transporting people on or in any commercial or public aircraft
or ship.
a) means any indoor, enclosed, or partially enclosed area in which
Workplace
employees perform their duties in the course of their employment;
b) means any corridor, lobby, stairwell, elevator, cafeteria,
washroom, or other common area frequented by such employees
during the course and scope of their employment; and
c) excludes any private dwelling and any portion of an area
mentioned in paragraph (a) specifically designated by Eskom as
a smoking area and that complies with the prescribed
requirements of the Tobacco Products Control Act, 1993, as
amended.
Smoke
Means to inhale, exhale, hold, or otherwise have control over an ignited
tobacco product, weed, plant, or electronic cigarette, and “smoked” and
smoking” have corresponding meanings.
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Smoking Policy
3.4
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Abbreviations
Abbreviation
Explanation
BU/OU
Business unit /Operating Unit
ETS
Environmental tobacco smoke
HR
Human resource
NCAS
National Council Against Smoking
EAP
Employee Assistance Programme
OHP
Occupational health practitioner
OHSA
Occupational Health and Safety Act
ER
Employee Relations
OHNP
Occupational Health Nurse Practitioner
EAP
Employee Assistance Programme
3.5
Roles and Responsibilities
a) In terms of the OHSA, business unit managers and departmental managers are assigned
duties by the Chief Executive (CE), which include being responsible for the implementation
of this policy and for ensuring compliance with it.
b) Management shall, within clearly defined parameters of cost effectiveness, support
Wellness and EAP practitioners in providing health promotion and cessation programmes
to employees who smoke, and wish to stop smoking.
c) On all Eskom premises where customers or the general public are provided with service,
appropriate signage declaring that Eskom premises are smoke-free areas shall be visibly
displayed at all times.
d) All employment advertisements and contract agreements shall include Eskom’s stance on
smoking and must be communicated to all applicants and contractors. All contractors,
clients, and visitors shall be made aware of Eskom’s stance on smoking and of the
provisions of this policy.
e) All employees have to be fully conversant with Eskom’s policy on smoking and how it
relates to the provisions of the Occupational Health and Safety Act (OHSA) and the
Tobacco Products Control Amendment Act. All new appointees should, familiarize
themselves with the contents of this policy.
f)
Employees are responsible for complying with the provisions of this policy, which
encompasses the general duties of employees at work as stipulated in the OHSA.
g) Employees are required to report immediately any contraventions of this policy and any
abuse of the facilities provided in terms of this policy to a health and safety representative
or a member of the Health and Safety Committee, or any member of management who
may be more accessible. All allegations of non-compliance shall be investigated by
management.
CONTROLLED DISCLOSURE
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the
user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Limited, Reg No 2002/015527/06.
Hard copy printed on: 19 August 2014
Smoking Policy
3.6
Unique Identifier: 32-1126
Revision:
1
Page:
8 of 9
Process for Monitoring
It is the responsibility of the BU/OU managers/supervisors and departmental managers to ensure
that:

This policy is implemented.

Regular audits in line with the Eskom Internal Audit procedures are conducted to ensure
compliance.
Employees are encouraged to consider stopping to smoke and take advantage of the cessation
programme.
4.
Acceptance
This document has been seen and accepted by EXCO.
5.
Revisions
Date
Rev.
Remarks
October 2010
0
Adopted for Back to Basics
March 2014
1
Review in line with the Tobacco Products Control Act
Regulations relating to smoking in public places and certain
outdoor public places
Also in support of Eskom “Smoke Free stance”
6.
Development Team
The following people were involved in the development of this document:

Dr Penny Mkalipe
Senior Manager (Health and Wellness )

Thoko Ndlovu
Senior Advisor Wellness

Metse Mphelo
Corporate Specialist Health and Wellness

Winile Madonsela
Legal Department

Khomotso Kgare
Senior Advisor Health and Wellness (EAP)

Christinah Maphanga
Senior Advisor Health and Wellness (EAP)

Nozipho Duma
Senior Advisor Health and Wellness (EAP)

Ouma Garekwe
Officer Health and Wellness (EAP)

Stefan le Roux
Senior Advisor Health and Wellness (EAP)
CONTROLLED DISCLOSURE
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the
user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Limited, Reg No 2002/015527/06.
Hard copy printed on: 19 August 2014
Smoking Policy
Unique Identifier: 32-1126
Revision:
1
Page:
9 of 9

Nthabiseng Monapathi
Senior Advisor Health and Wellness (EAP)

Oageng Moiloa
Officer Health and Wellness

Musa Khambule
Officer Advisor Health and Wellness (EAP)

Juanita Koorts
Senior Advisor Health and Wellness (EAP)

Babalwa Solombela
Senior Advisor Health and Wellness (EAP)

Belina Ramogase
Senior Advisor Occupational Health Practitioner

Kedisaletsi Maribe
Senior Advisor Health and Wellness (EAP)
7.
Acknowledgements
Acknowledgements to the team of experts who assisted in reviewing this procedure, the legal
department for providing their legal comments and inputs, the language services and Eskom
documentation team who assisted with formatting and registration.
CONTROLLED DISCLOSURE
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the
user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Limited, Reg No 2002/015527/06.
Hard copy printed on: 19 August 2014
CONFIDENTIALITY AGREEMENT
“Agreement”
Between
ESKOM HOLDINGS SOC LTD
and
NAME OF OTHER PARTY
The Parties to this Agreement are:-
I. Eskom HOLDINGS SOC LTD a company incorporated under the laws of the
Republic of South Africa, having its registered office at Megawatt
Park, Maxwell Drive, Sunninghill ext.3, Sandton, Republic of South
Africa, with registration number 2002/015527/06 [hereinafter referred
to as “the Disclosing Party”.
II. ……………………………………. a company incorporated under the laws of [insert
name of country], having its registered office at [registered
address], with registration number [insert registration number],
hereinafter referred to as “the Receiving Party”.
Hereinafter individually referred to as a “Party” and jointly as the
“Parties”.
NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1.1 The Disclosing Party intends providing the Receiving Party with
certain information relating to [state the nature of the discussions
and the reason for the disclosure here] (“the Project”).
1.2 The parties wish to record the terms and conditions upon which the
Disclosing Party shall disclose Confidential Information to the
Receiving Party, which terms and conditions shall constitute a binding
and enforceable Agreement between the parties and their agents.
3. Notwithstanding the date of signature hereof, this agreement shall be
binding upon the parties with effect from the date upon which the
Disclosing Party shall have disclosed any Confidential Information to
the Receiving Party, whichever date is the earliest.
1.4 Neither this Agreement nor the exchange of information contemplated
hereby shall commit either party to continue discussions or to
negotiate, or to be legally bound to any potential business
relationship. The parties shall only be bound to a business
relationship by way of a further definitive written Agreement signed
by the Parties.
1.5 The party disclosing the Confidential Information shall be known as
the “Disclosing Party” and the party receiving Confidential
Information shall be known as the “Receiving Party”.
2. The Confidential Information
“Confidential Information” shall for the purpose of this Agreement
mean all information and materials (whether in written, graphic,
electronically stored or oral form) owned and/or developed by the
Disclosing Party or its affiliates, including, without limitation, any
technical, commercial, financial or marketing information, strategies,
operations, know-how, trade secrets, processes, machinery, designs,
drawings, formulae, test work data, equipment, notes, memoranda,
methods and other natural resources, technical specifications and data
relating to the Project (including, but not Ltd to, the information
set out in 1.1 above), relating to the disclosing Party's business
practices or the promotion of the disclosing Party's business plans,
policies or practices, which information is communicated to the
receiving Party, or otherwise acquired by the Receiving Party from the
Disclosing Party, during the course of the Parties' commercial
interactions, discussions and negotiations with one another, whether
such information is formally designated as confidential or not.
3. Disclosure of Confidential Information
3.1 The Disclosing Party shall only disclose the Confidential Information
to the Receiving Party to the extent deemed necessary or desirable by
the Disclosing Party in its discretion.
3.2 The Parties acknowledge that the Confidential Information is a
valuable, special and unique asset proprietary to the Disclosing
Party.
3.3 The Receiving Party agrees that it will not, during or after the
course of its relationship with the disclosing party under this
agreement and/or the term of this Agreement, disclose the Confidential
Information to any third party for any reason or purpose whatsoever
without the prior written consent of the Disclosing Party and to the
extent of such authorisation, save in accordance with the provisions
of this Agreement. In this Agreement “third party” means any party
other than the Receiving and Disclosing Parties or their
Representatives.
3.4 Notwithstanding anything to the contrary contained in this Agreement
the Parties agree that the Confidential Information may be disclosed
by the Receiving Party to its respective employees, agents, officers,
directors, subsidiaries, associated companies, shareholders and
advisers (including but not Ltd to professional financial advisers,
legal advisers and auditors) ("Representatives") on a need-to-know
basis and for the purposes of the Project; provided that the Receiving
Party takes whatever steps are necessary to procure that such
Representatives agree to abide by the terms of this Agreement to
prevent the unauthorised disclosure of the Confidential Information to
third parties. For purposes of this clause, the Receiving Party’s
Representatives shall be deemed to be acting, in the event of a
breach, as the Receiving Party’s duly authorised agents.
3.5 Except as otherwise contemplated in this Agreement, the Parties agree
in favour of one another not to utilise, exploit or in any other
manner whatsoever use the Confidential Information disclosed pursuant
to the provisions of this Agreement for any purpose whatsoever other
than the Project without the prior written consent of the Disclosing
Party.
3.6 Accordingly, the Receiving Party agrees to indemnify, defend and hold
the Disclosing Party harmless from and against any and all suits,
liabilities, causes of action, claims, losses, damages, costs
(including, but not Ltd to, cost of cover, reasonable attorneys' fees
and expenses), or expenses of any kind (collectively, "Losses")
incurred or suffered by the Disclosing Party and/or its
Representatives arising from or in connection with the Receiving
Party's unauthorized use or disclosure of the Disclosing Party's
Confidential Information in violation of the Agreement.
4. Title
All Confidential Information disclosed by the Disclosing Party to the
Receiving Party is acknowledged by the Receiving Party to be
proprietary and the exclusive property of the Disclosing Party. This
Agreement shall not confer any rights of ownership or license on the
Receiving Party of whatever nature in the Confidential Information.
5. Restricting on disclosure and use of the Confidential Information
5.1 The Receiving Party undertakes not to use the Confidential
Information for any purpose other than:
5.1.1 the Project; and
5.1.2 in accordance with the provisions of this Agreement.
6. Standard of care
The Receiving Party agrees that it shall protect the Confidential
Information disclosed pursuant to the provisions of this Agreement
using the same standard of care that it applies to safeguard its own
proprietary, secret or Confidential Information but no less than a
reasonable standard of care, and that the Confidential Information
shall be stored and handled in such a way as to prevent any
unauthorised disclosure thereof.
7. Return of material containing or pertaining to the Confidential
Information
7.1 The Disclosing Party may, at any time, and in its sole discretion
request the Receiving Party to return any material and/or data in
whatever form containing, pertaining to or relating to Confidential
Information disclosed pursuant to the terms of this Agreement and may,
in addition request the Receiving Party to furnish a written statement
to the effect that, upon such return, the Receiving Party has not
retained in its possession, or under its control, either directly or
indirectly, any such material and/or data.
7.2 If it is not practically able to do so, the Receiving Party shall
destroy or ensure the destruction of all material and/or data in
whatever form relating to the Confidential Information disclosed
pursuant to the terms of this Agreement and delete, remove or erase or
use best efforts to ensure the deletion, erasure or removal from any
computer or database or document retrieval system under its or the
Representatives' possession or control, all Confidential Information
and all documents or files containing or reflecting any Confidential
Information, in a manner that makes the deleted, removed or erased
data permanently irrecoverable.The Receiving Party shall furnish the
Disclosing Party with a written statement signed by one of its
directors or duly authorized senior officers to the effect that all
such material has been destroyed.
7.3 The Receiving Party shall comply with any request by the Disclosing
Party in terms of this clause, within 7 (seven) business days of
receipt of any such request.
8. Excluded Confidential Information
The obligations of the Receiving Party pursuant to the provisions of
this Agreement shall not apply to any Confidential Information that:
8.1 is known to, or in the possession of the Receiving Party prior to
disclosure thereof by the Disclosing Party;
8.2 is or becomes publicly known, otherwise than as a result of a breach
of this Agreement by the Receiving Party;
8.3 is developed independently of the Disclosing Party by the Receiving
Party in circumstances that do not amount to a breach of the
provisions of this Agreement;
8.4 is disclosed by the Receiving Party to satisfy an order of a court of
competent jurisdiction or to comply with the provisions of any law or
regulation in force from time to time; provided that in these
circumstances, the Receiving Party shall advise the Disclosing Party
to enable the Disclosing Party to take whatever steps it deems
necessary to protect its interests in this regard and provided further
that the Receiving Party will disclose only that portion of the
Confidential Information which it is legally required to disclose and
the Receiving Party will use its reasonable endeavours to protect the
confidentiality of such Confidential Information to the greatest
extent possible in the circumstances;
8.5 is disclosed to a third party pursuant to the prior written
authorisation and Ltd to the extent of such approval of the Disclosing
Party;
8.6 is received from a third party in circumstances that do not result in
a breach of the provisions of this Agreement.
9. Term
This Agreement shall commence upon the date referred to in date of
signature and shall endure for a period of 3 (three) years after the
date of termination of the relationship between the parties or at a
date specified in any subsequent agreement(s) between the Parties in
pursuance of the Project referred to herein.
10. Additional Action
10.1 Each Party to this Agreement shall execute and deliver such other
documents and do such other acts and things as may be reasonably
necessary or desirable to give effect to the provisions of this
Agreement.
10.2 Nothing contained in the Agreement shall be construed as creating an
obligation on the part of either Party to refrain from entering into a
business relationship with any third party. Nothing contained in the
Agreement shall be construed as creating a joint venture, partnership
or employment relationship between the Parties. Except as specified
herein, neither Party shall have the right, power or implied authority
to create any obligation or duty (express, implied or otherwise) on
behalf of the other Party. For the avoidance of doubt, nothing in this
Agreement shall oblige either of the Parties to enter into any
agreements or transactions whatsoever.
11. Breach
In the event that the Receiving Party should breach any of the
provisions of this Agreement and fail to remedy such breach within
seven (7) business days from date of a written notice to do so, then
the Disclosing Party shall be entitled to invoke all remedies
available to it in law including, but not Ltd to, the institution of
urgent proceedings as well as any other way of relief appropriate
under the circumstances, in any court of competent jurisdiction, in
the event of breach or threatened breach of the Agreement and/or an
action for damages.
12. Amendments
No amendment, interpretation or waiver of any of the provisions of
this Agreement shall be effective unless reduced in writing and signed
by the duly authorised representatives of both Parties.
13. Enforcement
The failure or delay by the Disclosing Party to enforce or to require
the performance at any time of any of the provisions of this Agreement
shall not be construed to be a waiver of such provision, and shall not
affect either the validity of this Agreement or any part hereof or the
right of the Disclosing Party to enforce the provisions of this
Agreement.
14. Representations & Warranties
14.1 Each Party represents that it has authority to enter into this
Agreement and to do all things necessary to procure the fulfilment of
its obligations in terms of this Agreement.
14.2 The Disclosing Party warrants that disclosure of the Confidential
Information to the Receiving Party:
14.2.1 will not result in a breach of any other Agreement to which it
is a party; and
14.2.2 will not, to the best of its knowledge and belief, infringe the
rights of any third party; and the Disclosing Party hereby indemnifies
and holds the Receiving Party harmless against any liability for third
party claims on such a basis.
15. Entire agreement
This Agreement contains the entire agreement of the Parties with
respect to the subject matter of this Agreement and supersedes all
prior agreements between the Parties, whether written or oral, with
respect to the subject matter of this Agreement.
16. Governing law
This Agreement and the relationship of the Parties in connection with
the subject matter of this Agreement and each other shall be governed
and determined in accordance with the laws of the Republic of South
Africa.
17. Addresses and Notices
17.1 The Parties hereby choose the address for service (“domicilium”) for
all purposes under the Agreement the addresses set out below:
|party |physical |postal |telepho|fax no. |contact person |
| |address |address |ne no. | | |
|eskom |megawatt |p o box 1091|+27 11 |+27 11 | |
|holdingsS|park, |johannesburg|800 …. |800 …. | |
|OC Ltd |maxwell |2000 sa | | | |
| |drive, | | | | |
| |sunninghill | | | | |
|insert | | | | | |
|particula| | | | | |
|rs of | | | | | |
|other | | | | | |
|party | | | | | |
17.2 A Party may change its domicilium address, by giving thirty (30)
business days prior notice in writing to the other Party.
2 17.3 Any notice given by one party to the other is deemed to have
been received by the addressee:
1 17.3.1 on the date on which the it was delivered to the addressee's
address if delivered by hand; or
2 17.3.2 on the seventh (7th) business day after the date of posting if
sent by pre-paid registered post to the addressee's address; or
17.3.3 when received in legible form, if sent to the addressee's then
telefax number.
18. Severability
In the event of any one or more of the provisions of this Agreement
being held for any reason to be invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceability shall not
affect any other provision of this Agreement, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provisions
was not a part of this Agreement, and this Agreement shall be carried
out as nearly as possible in accordance with its original terms and
intent.
19. Assignment
19.1 Neither Party may assign or otherwise transfer any of its rights or
obligations under this Agreement to any third party without the prior
written consent of the other Party.
19.2 Notwithstanding the above, Eskom may on written notice to the other
Party hereto, cede and delegate its rights and obligations under this
contract to any of its subsidiaries or any of its present divisions or
operations which may be converted into separate legal entities as a
result of the restructuring of the Electricity Supply Industry and the
Electricity Distribution Industry.
20. Publicity
Neither party will make or issue any formal or informal announcement or
statement to the press or any third party in connection with this
Agreement without the prior written consent of the other Party.
21. Interpretation
21.1 For the purposes of this Agreement the following rules of
construction shall apply, unless the context requires otherwise:
21.1.1 the singular shall include the plural and vice versa;
21.1.2 a reference to any one gender, whether masculine, feminine or
neuter, includes the other two;
21.1.3 any reference to a person includes, without being Ltd to, any
individual, body corporate, unincorporated association or other
entity recognised under any law as having a separate legal existence
or personality;
4. any word or expression defined in, and for the purposes of, this
agreement shall if expressed in the singular include the plural and
vice versa, and a cognate word or expression shall have a
corresponding meaning;
5. references in this agreement to “clauses”, “sub-clauses” and are to
clauses and sub-clauses of this agreement; and
6. any reference in this agreement to this agreement or any other
agreement, document or instrument shall be construed as a reference
to this agreement or that other agreement, document or instrument as
amended, varied, novated or substituted from time to time.
21.2 All the headings and sub-headings in this agreement are for
convenience only and are not to be taken into account for the
purposes of interpreting it.
SIGNED by the Parties and witnessed on the following dates and at the
following places respectively:
|SIGNED at| |on| |
|AS WITNESS: | | |
| | | |
| | |For:|ESKOM HOLDINGS SOC LTD |
| | |[No lower than an E-Band Manager |
| | |to sign] |
|(Name of witness in print) | |Duly authorised |
|SIGNED at| |on| |
|AS WITNESS: | | |
| | |For:|[NAME OF OTHER PARTY] |
| | | |
|(Name of witness in print) | |Duly authorised |
€skom
Guide
Title: Environmental management
requirements for contractors
Matimba Power Station
Document Identifier:
240-146112716
Alternative Reference
Number:
PG/240/008
Area of Applicability:
Matimba Power Station
Functional Area
Environmental Management
Applicability:
Revision:
3
Total Pages:
13
Next Review Date:
March 2023
Disclosure
Controlled Disclosure
Classification:
Functional Responsibility
Compiled by
Authorized by
96
CO Mabotj
KH Ramahlare
Environmental Officer
Manager Environmental
Management
Date: ac -o -03
Date:
I
2 10
0
(General Manager)
Environmental management requirements for contractors Unique Identifier: 240-146112716
Re ision: 3
Page:2 of 13
Content
Page
1.
2.
Introduction
Supporting
2.1
4
Clauses
Purpose
2.2
4
4
Scope
4
2.3
Applicability
2.4
Effecti
e
date
4
4
2.5 Normative/Informative References 5
2.5.1
2.5.2
2.6
2.7
Normative
5
Informative
5
Definitions
5
Abbreviations
5
2.8 Roles and Responsibilities 6
2.8.1 The Environmental Manager 6
2.8.2 Environmental Officers 6
2.8.3
Contract
2.8.4
2.9
Managers
Contactors
Process
for
6
6
Monitoring
6
2.10 Related/Supporting Documents 6
3.
Document
Contents
7
3.1 Contractors EMS requirements during tendering process 7
3.2 Contractors EMS requirements
rior to site access 7
3.3 Contractors Environmental management plan requirements 7
3.4 Contractors EMS requirements during work commencement 7
3.4.1
EMS
file
7
3.4.2 Environmental file auditing 8
3.4.3
Policy
9
3.4.4 Environmental aspects 9
3.4.5 Objectives and Targets 9
3.4.6 Compliance obligations 9
3.4.7
Resources
19
3.4.8 Environmental Training 10
3.4.9 Communication and awareness 10
3.5
Operational
Control
1
3.6 Environmental incidents Management 11
3.7 Emergency Preparedness and Response 11
4.
5.
Record(s)
Addenda
6.
7.
/
Appendix
12
12
Acceptance
12
Revisions
12
CONTROLLED DISCLOSURE
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the
user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC Ltd.
Environmental management requirements for contractors Unique Identifier: 240-146112716
Revision: 3
Page:3 of 13
8.
Development
Team
9.
Acknowledgements
1
CONTROLLED DISCLOSURE
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the
user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC Ltd.
Unique Identifier: 240-146112716
Environmental management requirements for contractors
Revision: 3
Page:4 of 13
1. Introduction
The EMS requirement for contractors outlines the minimum requirements to be met by Contractors
prior and during an work at Matimba Power Station. The Contractor shall develop an
Environmental Management Plan and prepare an EMS file which meets these requirements as
well as all the relevant applicable legislation as per the 18014001:2015 Standard.
2. Supporting Clauses
2.1 Purpose
To describe the procedure for the environmental management system requirements for all
contractors.
2.2 Scope
This Procedure is applicable to all contractors working for or on behalf of Matimba Power Station
2.3 Applicability
NOTE: Mark
appropriate block/s
Other (Specify):
with a X"
(Select at least
one)