Legal Liability

As stipulated in the Occupational Health and Safety Act 85 of 1993 (OHSA), employers are, inter alia, responsible for the acts or omissions of their employees and contractors.

The aim of the course is to enable delegates to understand their responsibility regarding compliance to the OHSA from an employer, employee, contractor or manufacturer’s position, and to understand the role of criminal prosecution when failing to comply to the OHSA.

Below are more details regarding the contents of the course:

Legal Liability

  • The concept of civil liability is explained with examples
  • The concept of criminal liability is explained with examples
  • Reasons for the existence of the legislation are explained with reference to good corporate governance.
  • The generic structure of the legislation is known and the acts and regulations are used to access information on three different aspects.
  • The responsibility of an organisation to ensure compliance within the generic framework of the legislation is explained relative to the duties of employer, employees and contractors.
  • The legislative accountability of the chief executive officer and/or employer is explained and an indication is given of the legal implications of non-compliance.
  • The structures required to facilitate application of the legislation in an organisation are identified and an indication is given of the appointments required to achieve compliance.
  • The duties of any three designated appointees are explained with reference to responsibilities and accountability.
  • The obligation of the employer to provide the means to comply with the legislation is explained with reference to resources and financing.
  • Aspects of the legislation applicable to a specific operation are identified and a compliance plan is drafted.
  • Deviations from the plan are identified and an indication is given of control measures required to achieve compliance.
  • Control measures are assessed and reviewed.
  • Documents that have legal status are named and an indication is given of why each is necessary and the time frames relating to each of the documents are explained.
  • The use of documents and records is explained with reference to legal compliance and corporate governance.
  • The training required to ensure that employees are conversant with the hazards and precautions necessary to ensure health and safety in the workplace is explained.
  • The legal requirements in respect of training are explained for a specific workplace.
  • The duties of employees to comply with health and safety requirements and report health and safety risks or threats are explained and a process is proposed to ensure compliance

3-4 hours

Employees designated by the employer to conduct Incident Investigations, e.g.

·       Managers/supervisors

·       Safety officers

·       Health and Safety Representatives

·       Health and Safety Committee Members

·       Union representatives

·       Persons involved with the day to day activities of Health and Safety Representative and Committees