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Understanding Criminal Liability under OHSA and Construction Regulations

Overview

In South Africa, the Occupational Health and Safety Environment outside the Mining industry is primarily regulated by the Occupational Health and Safety Act, No 85 of 1993. (“OHSA”), as well as the regulations promulgated thereunder, such as the Construction Regulations, which are clearly intended to heavily regulate the construction industry and to provide for a regulatory industry for preventing work accidents. The Construction Regulations, 2014 imposes more stringent health and safety obligations on a wide range of parties who are involved in construction work, including the Client, the Contractor, the Designer (who includes an Architect or Engineer), the Principal Contractor, and a new role player the “Construction Manager”.

This course is offered over 2 (two) consecutive days and take an in-depth look at the correct interpretation of the Construction Regulations, to ensure compliance.

Why Should an Individual Attend?

This course will ensure that the delegate will be familiar with the requirements of the Construction Regulations, to ensure compliance thereof, hence, to avoid Criminal Prosecution.

Outcomes

  • Be familiar with the basic Principles of the Sections of the Occupational Health and Safety Act. (“OHSA”)
  • Be familiar with the Legal Liability Principle and how the onus of liability shifts from one party to another as stipulated under the Occupational Health and Safety Act. (“OHSA”)
  • Be familiar with the Construction Regulations and with the other applicable Regulations made under the Occupational Health and Safety Act (“OHSA”) as stipulated under the Definition of “Competent Person” Part (b)
  • All role players to be familiar with their roles and responsibilities as stipulated under the Occupational Health and Safety Act (“OHSA”) and in particular to the Construction Regulations, 2014.

Program Outline

Day 1 Occupational Health and Safety Act

  • The employer’s primary obligation to ensure, as far as reasonably practicable, that the workplace is safe and without risk to the health of employees.
  • The standard of care required of the employer in terms of the OHSA.
  • The practical implication of the health and safety criterion prescribed by the OHSA
  • Health and safety obligations of employees.
  • The incorporation of health and safety standards as regulations.
  • The common duty of the employer to take reasonable care for the health and safety of employees.
  • The roles and powers of the Department of Labour.
  • The health and safety obligations of manufacturers.
  • The roles and responsibilities of health and safety representatives.
  • The purpose of appointments.
  • The purpose of contractor agreements.
  • A brief reference to South African case law.

Day 2 Construction Regulations 2014

  • The health and safety relationship between the Client, Designer and the Principal Contractor.
  • The health and safety relationship between the Construction Manager, Health and Safety Officer and the Construction Supervisor.
  • The appointment and responsibilities of the different competent role players stipulated under the construction regulations.
  • The legal implication of continuous offences.

Who Should Attend?

  • Engineers
  • Architects
  • Project / Construction managers
  • Quantity Surveyors
  • Construction Health and Safety
  • Contractors / Sub Contractors
  • Executives / Senior Management
  • Middle Management
  • Administrators / Support Staff
  • OHS / MHS Consultants
Type: Online
CPD Points: 2
Coordinator: Blessings Banda
Fee:
R 5 687.00 excl. VAT
R 6 540.00 incl. VAT
Schedules:
  • Online,
  • Mon 25 August 2025  08:30 to 16:30
  • Tue 26 August 2025  08:30 to 16:30
  • Validation Number:CESA-2179-03/2026
  • Online,
  • Thu 27 November 2025  08:30 to 16:30
  • Fri 28 November 2025  08:30 to 16:30
  • Validation Number:CESA-2179-03/2026