The Draft National Occupational Health & Safety Bill.

Section 124. Imputation of criminal liability

(1) If a worker or mandatory of an employer does or omits to do any act which it would have been an offence in terms of this Act for the employer to do or omit to do, that  employer is guilty of the offence if the act or omission fell within the scope of employment or authority of the worker or mandatory and the employer -–

(a) connived at or permitted the act or omission; or

(b) did not take all reasonable steps to prevent the act or omission the offence.

(2) For the purposes of sub-section (1), the fact that a person issued instructions prohibiting an act or omission is not in itself sufficient proof that the person took all reasonable steps to prevent the act or omission.

(3) An employer may not be convicted in terms of this section on account of an act or omission by a mandatory, if the employer has concluded an agreement with the mandatory agent to ensure the mandatory’s compliance with the Act

Section 125. Commission of offence by employee or mandatory

(1) If an employee or mandatory of any employer does or omits to do any act which it would have been an offence in terms of this Act for that employer to do or omit to do, the employee or agent is liable to be convicted and sentenced in respect of the offence as if he or she were the employer.

(2) If an employee or mandatory of the State does or omits to do any act which it would have been an offence in terms of this Act for an employer other than the State to do or omit to do, the employee or mandatory is liable to be convicted and sentenced in respect of the offence as if he or she were such an employer.

(3) An employee or mandatory may be convicted in terms of this section in addition to the employer.