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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 takes an in-depth look at the correct statutory interpretation of the Act. Hence, to ensure to compliance.

Why Should an Individual Attend?

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

Outcomes

  • Be familiar with the basic Principles of the Sections as stipulated under 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”)
  • All role players to understand the Act and to be familiar with their roles and responsibilities as stipulated under the Occupational Health and Safety Act. (“OHSA”)

Program Outline

Occupational Health and Safety Act

  • The aim / intention of the legislature with reference to the applicability of the OHSA.
  • The meaning and understanding of the Self- Regulation Principle.
  • The importance, understanding and applicability of the Common Law in the OHSA.
  • What is the meaning of Statutory Law.
  • What is the meaning of Vicarious Liability in particular with reference to Section 37(1) and (2) of the OHSA.
  • What does the standard of care Reasonable Practicable require from the employer.
  • What constitutes Negligence and Intention under the OHSA.
  • What constitutes Criminal Liability under the OHSA.
  • What is the purpose of Appointments and when should appointments be done.
  • The purpose of Regulations in the OHSA as stipulated in Section 43 of the OHSA.
  • Selected Definitions and the purpose thereof as stipulated in Section 1 of the MHSA.
  • The Health and Safety policy as stipulated in Section 7 of the OHSA.
  • The general duties of Employers as stipulated in Section 8 of the OHSA.
  • The general duty of Employers to Other Persons as stipulated in Section 9 of the OHSA
  • The duty of the Employer to inform the Employee about the conditions of any work under Section 13(a) of the OHSA.
  • The general of the Employer regarding listed work as stipulated in Section 12 of the OHSA.
  • The general duties of Employees as stipulated in Section 14 of the OHSA.
  • The duties of the Chief Executive Officer with specific reference and clear understanding of Corporate Liability against Personal Liability and the Accountable person against the Responsible person as stipulated in Section 16(1) and (2) of the OHSA.
  • The correct understanding of Section 16(3) with reference to the transfer of liability as stipulated in the OHSA.
  • The Vicarious Liability Principle, understanding and correct interpretation of Section 37(1)(a)(b) and (c) of the OHSA.
  • The legal status of the Mandatary / Contractor and the Employee with specific reference to the purpose of Mandatary Agreements as stipulated in Section 37(2) of the OHSA.
  • The duties and responsibilities of Manufacturers and other parties regarding the use of Articles and Substances for use at work as stipulated in Section 10 of the OHSA and Hazardous Chemical Substance Regulation 9 A of the OHSA.
  • The Health and Safety Representative Appointment and the calculation of SHE Reps as stipulated in Section 17(1) and (5) of the OHSA.
  • The procedure how to appointment a Health and Safety Representative as stipulated in General Administrative Regulation 6(1)(a)-(d),(3) and (4) of the OHSA.
  • The Functions of Health and Safety Committees as stipulated in Section 18(1) (g) and Section 18(4) with reference to the meaning of the word “may “ and with reference to the word “ civil liability.”
  • The Health and Safety Committees as stipulated in Section 19(2) (a) and (4) of the OHSA.
  • The functions of Health and Safety Committees as stipulated under Section 20 of the OHSA.
  • The report of incidents to the Department of Labour as stipulated in Section 24 (1)(3) and (4) of the OHSA. Further thereto with specific reference to Motor Vehicle Accidents on public roads while on duty. The Compensation for Occupational Injuries and Diseases Act and the Apportionment of Damages Act.
  • The report of an Occupational Disease as stipulated in Section 25 of the OHSA.
  • The right of an employee not to be victimise by the employer as stipulated in Section 26 of the OHSA.
  • The functions of Department of Labour Inspector’s as stipulated in Section 29 of the OHSA.
  • Investigations as stipulated in Section 31 of the OHSA.
  • Formal Inquiries as stipulated in Section 32 of the OHSA with specific reference to Access to the written report as stipulated in Section 32(9) of the OHSA.
  • The correct understanding of agreements that will not be in contradiction with the aim of the legislature and should have a force of law as stipulated in Section 41 of the OHSA.
  • The duty not to interfere with, damage or misuse things as stipulated in Section 15 with specific reference also to the meaning of the words “Intention” and “Recklessly.”
  • The unlawful deduction of money for personal protective equipment as stipulated in Section 23 of the OHSA with reference to the provisions as stipulated in Section 38(4) Of the OHSA.
  • The proof of certain facts / presumptions in favour of the State as stipulated in Section 39 of the OHSA.
  • The understanding of the Incorporation of Health and Safety Standards under the Regulations of the OHSA with examples as stipulated in Section 44 of the OHSA.
  • The special powers of the Department of Labour as stipulated under Section 30(1))(a)-(d) and (2) Prohibition Notice, Section 30(3) Improvement Notice, and Section 30(4)Contravention Notice of the OHSA.
  • The Offences and Penalty Clauses as Stipulated under Section 38(1) Any Person, Section 38(2) Any Employer or User, Section 38(3) Order to comply and Section 38(4) Court order with reference to the contravention of Section 23 of the OHSA.
  • The right to appeal against the decision that an Inspector of the Department has taken as stipulated in Section 35 (1) and (3) of the OHSA.
  • The explanation of Continuous Offences as stipulated in Construction Regulation 33 read together with Section 43(4) of the OHSA.
  • A brief reference to selected South African Case Law.

Who Should Attend?

  • Engineers
  • Architects
  • Quantity Surveyors
  • Construction Health and Safety
  • Contractors / Sub Contractors
  • Executives / Senior Management
  • Middle Management
  • Administrators / Support Staff
Dates and Times:
Type:
Venue:
Fee:  excl. VAT
 incl. VAT
Validation Number/s: CESA-2223-08/2027
CPD Points:
Coordinator: