Legal Liability based on Occupational Health and Safety Act 85 of 1993 (OHS Act)

Course Outcomes

Upon successful completion, the learner will be able to:

• Demonstrate knowledge and understanding of the basic principles of the relevant legislation
• Explain the requirements for compliance as stipulated in the current legislation.
• Determine the management controls required under legislation to achieve compliance.
• Demonstrate knowledge and understanding of record keeping required by the legislation.
• Explain the legal obligations of the employer in terms of training and communication.
• Discuss pertinent occupational health and safety legislation applicable to a specific workplace.
• Discuss and explain the application of the common law principles pertinent to health and safety in the workplace.
• Apply the current Act for compensation for occupational injuries and diseases in the workplace

Course Objectives

By the end of the training, participants will be able to:

• Understand the key requirements of the OHS Act 85 of 1993.
• Identify their legal duties and responsibilities in the workplace.
• Recognise potential areas of legal liability and non-compliance.
• Understand the consequences of failing to meet OHS requirements.
• Apply legal principles to workplace health and safety decisions.
• Understand requirements for incident reporting, investigations and corrective actions.
• Promote compliance, accountability and a proactive safety culture.
• Take appropriate steps to reduce occupational health and safety risks and legal exposure.

The benefits

• Understand OHS legal duties and responsibilities.
• Improve compliance with the OHS Act 85 of 1993.
• Reduce organisational and individual legal liability.
• Strengthen workplace health and safety practices.
• Improve incident reporting and investigation.
• Support informed and legally sound decision-making.
• Prepare for OHS inspections and enforcement.
• Promote accountability and a positive safety culture.
• Protect employees and reduce legal, financial and reputational risks.

Modules

1. The concept of civil liability is explained with examples.
2. The concept of criminal liability is explained with examples.
3. Reasons for the existence of the legislation are explained with reference to good corporate governance.
4. The generic structure of the legislation is known, and the acts and regulations are used to access information on three different aspects.
5. The responsibility of an organisation to ensure compliance within the generic framework of the legislation is explained relative to the duties of employer, employees and contractors.
6. The legislative accountability of the chief executive officer and/or employer is explained, and an indication is given of the legal implications of non-compliance
7. The structures required to facilitate application of the legislation in an organisation are identified and an indication is given of the appointments required to achieve compliance.
8. The duties of any three designated appointees are explained with reference to responsibilities and accountability.
9. Deviations from the plan are identified and an indication is given of control measures required to achieve compliance.
10. Documents that have legal status are named and an indication is given of why each is necessary and the time frames relating to each of the documents are explained.
11. The use of documents and records is explained with reference to legal compliance and corporate governance.
12. The training required to ensure that employees are conversant with the hazards and precautions necessary to ensure health and safety in the workplace is explained.
13. Risks, precautions required for safe work, equipment for safe work procedures, duty to report and monitoring of the quality of the health and safety programme.
14. The legal requirements in respect of training are explained for a specific workplace.
15. The duties of employees to comply with health and safety requirements and report health and safety risks or threats are explained, and a process is proposed to ensure compliance.

Certification

• Certificate of Attendance or
• Certificate of Completion

Assessment

There will be an assessment at the end of the course. 

• Delegates have to complete the assessment with a minimum score of 60% to receive a Certificate of Competence.
• Delegates who score between 50% and 59% will get a second attempt at the assessment. 
• If you fail the second attempt, will need to repurchase the course
• Delegates will receive a Certificate of Attendance regardless of a pass or fail.