Occupational Health & Safety Legislation Consultants

No-one is immune to prosecution in terms of the OHS Act, yet it is mostly employers and users of plant and machinery who are exposed to criminal prosecution. The reason for this is to be found in the extensive duties which the OHS Act imposes upon them, thereby creating a host of legal rights for employees sections 8 and 13, persons in general section 9, recipients of articles and substances utilised at a workplace, clients for whom articles (structures) are designed, erected or installed. section 10 and read with the Construction Regulations). Criminal liability emanates from the infringement of these statutory rights by employers or users. Juristic persons or corporate bodies along with natural persons such as the CEO and his or her team of section 16(2)“Assigned Persons’ are regarded as employers and users for prosecution purposes. Employers can also be held vicariously liable for wrongdoings of contractors in terms of section 37 of the OHS Act.

The broad duties of employers (mines & works) in the Mine Health & Safety Act is contained in sections 5 to 19 with numerous other duties placed on employers in the regulations.

Employers have OHS rights too. How does an employer earn such rights?

Start by training your employees into their duties. The opposite of a 'Right' is a "Duty'. If employees have duties, employers have rights. They are not automatic rights as those enjoyed by employees but must be earned. By training employees into their duties, employers earn rights! In the OHS Act section 14 is a good point of departure. Similarly in the MHS Act start with section 22. In fact reproduce these sections out of the Acts and explain them to employees, let then sign for it and place it on their personal files.

You can reach us at 0117267839 or 0825749882 and by fax at 0866500687. We are looking forward to hearing from you. You can also contact us at our e-mail address: raynard@klasslooch.com.

In brief, you should know the following about us: our company was established in 1986 and had been responsible for providing outstanding legal advice, legal representation and OHS legislation workshops ever since. Our business is located in Johannesburg.

Klass Looch Associates is proud to be associated with Comprac Holdings. Look no further for assistance!

I am also proud to be associated with a new body which has been established for Occupational Health & Safety Professionals.  The South African Institute of Occupational Safety & Health (SAIOSH) has been established by dedicated safety practitioners for whom I tremendous respect and with whom I have been associated for decades. I encourage you to visit their website. Visit http://www.saiosh.com/