Overview

The Occupational Health and Safety Act (“OHSA”), requires the employer to bring about and maintain, as far as reasonably practicable, a work environment that is safe and without risk to the health of the employees. However, it is not expected of the employer to take sole responsibility for health and safety. The Act is amongst others, based on the principle that hazards in the workplace must be addressed by communication and co-operation between the employees and the employer. The employees and the employer must share the responsibility for health and safety in the workplace. Hence, both parties must pro-actively identifying the hazards and develop control measures to make the workplace safe. 

This course provides an in-depth exploration of the correct statutory interpretation of the Occupational Health and Safety Act, equipping delegates to ensure full legal compliance in the workplace.

Why Should an Individual Attend?

• Understand Shared Responsibility. Gain clarity on how both employers and employees are jointly accountable for workplace health and safety, as mandated by the OHSA.
• Interpret the Act Correctly. Learn the correct statutory interpretation of the OHSA to ensure compliance and avoid misapplication of legal duties.
• Navigate Legal Liability. Become familiar with how criminal and civil liability may shift between parties, and what that means for your role in the workplace.
• Identify and Control Hazards Proactively. Develop the skills to identify workplace hazards and implement control measures through collaborative communication and cooperation.
• Know Your Role and Legal Duties. Understand the specific responsibilities of employers, employees, contractors, manufacturers, and SHE representatives under the OHSA.
• Avoid Legal Consequences. Equip yourself with knowledge of the criminal liability consequences of non-compliance, helping to protect both individuals and organizations.

Outcomes

By the end of this course, participants will:

• Understand the foundational principles outlined in key sections of the Occupational Health and Safety Act (OHSA).
• Grasp the concept of legal liability and how responsibility may shift between parties under OHSA provisions.
• Recognize the roles and responsibilities of all stakeholders as defined by the Act.

Program Outline

Legal Foundations and Principles

• Legislative intent and scope of the OHSA
• Self-regulation principle and shared responsibility
• Role of Common Law and Statutory Law in health and safety
• Understanding vicarious liability, especially under Section 37(1) & (2)
• Legal standards: “Reasonably Practicable,” negligence, intention, and criminal liability

Roles, Duties, and Appointments

• Employer and employee duties under Sections 8, 9, 12, 13(a), and 14
• CEO responsibilities and liability distinctions (Section 16)
• Mandatary agreements and contractor obligations (Section 37(2))
• Manufacturer duties regarding articles and substances (Section 10 & Regulation 9A)
• Health and Safety Representative appointments and calculations (Section 17 & GAR 6)
• Health and Safety Committees: formation, functions, and civil liability implications (Sections 18–20)

Policies, Regulations, and Compliance

• Health and Safety Policy (Section 7) and selected definitions (Section 1 of MHSA)
• Purpose and authority of regulations (Section 43) and incorporation of standards (Section 44)
• Validity of agreements aligned with legislative intent (Section 41)
• Unlawful PPE deductions and related penalties (Sections 23 & 38(4))

Reporting, Enforcement, and Legal Processes

• Incident and disease reporting (Sections 24 & 25), including motor vehicle accidents
• Employee protection from victimisation (Section 26)
• Inspector functions, investigations, and formal inquiries (Sections 29–32)
• Special powers of the Department of Labour: prohibition, improvement, and contravention notices (Section 30)
• Offences, penalties, and appeal rights (Sections 35 & 38)
• Continuous offences and Construction Regulation 33

Legal Interpretation and Case Law

• Understanding liability transfers (Section 16(3))
• Interpretation of “intention” and “recklessly” (Section 15)
• Presumptions in favour of the State (Section 39)
• Reference to relevant South African case law for practical context

Who Should Attend?

• Engineers
• Architects
• Quantity Surveyors
• Construction Health and Safety
• Contractors / Sub Contractors
• Executives / Senior Management
• Middle Management
• Administrators / Support Staff