A Call to Revise Section 8(2)(e) of the Occupational Health and Safety Act to Include Crisis Risk Communication
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Authors
Carney, Terrence R
Mollema, Nina
Issue Date
2019-07
Type
Article
Language
en
Keywords
occupational health and safety; #FeesMustFall; crisis risk communication; industrial action; language and law
Alternative Title
Abstract
This article gauges s 8 of South Africa’s Occupational Health and Safety Act and highlights its lack of clarity and prescriptive guidelines on crisis risk communication. Paragraph 8(2)(e) specifically obliges employers to provide information and training to ensure a safe and healthy working environment. However, the Act neither defines the words ‘communication’ and ‘information’ nor does it clearly provide for the dissemination of information during a crisis, like industrial action, which affects many employees simultaneously. The #FeesMustFall and insourcing protests that occurred at universities across the country during 2015-2016 are a good example of this. The protests compelled universities to send out text messages as a means of communicating with their staff and students. Though crisis risk communication theory expects messages to provide clear and straightforward directives, some messages were vague. This begs the question whether an institution must simply provide information to comply with the law, or whether clear directives should be the only legal standard. Subsection 8(2)(e) of the Act provides little insight. With the above in mind, this article suggests best practice criteria for crisis risk communication and a proposed reformulation of s 8(2)(e).
Description
Citation
12 Carney, TR and Mollema, N. 2019. A call to revise Section 8(2)(e) of the Occupational Health and Safety Act to include crisis risk communication. Industrial Law Journal, 40 (July):1441-1456
Publisher
Juta
License
Journal
Volume
Issue
PubMed ID
DOI
ISSN
0258-249X