Does OHSA envisage strict liability on the part of the employer?

This question was one of three that needed to be answered in the Gauteng High Court – Local Division in 2016. An incident occurred when an employee of Lira Electrical was fatally injured while working under contract for Buscor (Pty) Ltd. The employee’s dependents institute legal proceedings against Buscor under common law, but later submitted...

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Can an employee of a sub-contractor institute a claim against an employer / client?

This question was one of three that needed to be answered in the Gauteng High Court – Local Division in 2016. An incident occurred when an employee of Lira Electrical was fatally injured while working under contract for Buscor (Pty) Ltd. The employee’s dependents institute legal proceedings against Buscor under common law, but later submitted...

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The Employer versus The Company

An article by Gerrit Augustyn for his argument in support of multi-level appointments in Section 16(2), needs a bit more discussion. In discussing the practical application of the Act, he used the following scenario to support his opinion: Company A’s CEO sits in Germany at their Head Office. In South Africa Company A has a...

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Outsourcing and the Written Appointment Syndrome

There is a general belief that all assignments and appointments required in terms of the Occupational Health and Safety Act, 1993 (RSA), involves employees. Does this mean you as employer are prevented from outsourcing Health and Safety duties to third parties? The answer depends on who you would ask. But let’s argue the question in...

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The Employee’s Scope of Authority and Vicarious Liability

I was recently asked the question, “Where do I get the employee’s Scope of Authority?” and once again, it became apparent that the terminology used in the Occupational Health and Safety Act, creates a lot of unnecessary work for employers. The person who asked the question intended to create a document called “Scope of Authority”....

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Equipment such as computers, laptops, printers, etc. would constitute “machinery”.

And Santa Klaus comes twice a month! I am often astounded by the manner in which people wants to fit the OHS Act into their own narrative. I was doing research and stumbled upon an article published in Golegal.co.za which caught my eye. It relates to Work from Home and the Occupational Health and Safety...

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The Section 37(2) Agreement is not as complicated as it is made out to be.

Many experts have in the past ventured an opinion on the so called Section 37(2) Agreement. The common error that is made, is the following: “Section 37(2) of OHSAct provides that an employer may escape liability for the conduct of a mandatary (contractor) by concluding a written agreement for the arrangements and procedures for compliance...

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