Frequently Asked Questions

Its safer to know then not to know!

is a legal requirement to have health and safety in place?

The Occupational Health and Safety Act, Act 85 of 1993, requires the employer to provide and maintain as far as reasonable and practical a work environment that is safe and without risk to the health of employees.

This can only be accomplished by developing and implementing a OHS System in the business.

how long is an OHS compliance certificate valid for?

A Health and Safety Compliance Certificate is valid for a year. Every year, companies should have another audit conducted at their premises as per legal stipulations. A year is a long time and new hazards may occur due to ever-changing workplaces. It is essential that yearly assessments are conducted.

as a HOMEOWNER, AM i liable if a contractor is injured on my property?

A contractor themselves, or their employer, may be held liable for the injury if the accident was caused by their negligence, or a homeowner may be held liable if it was their negligence that caused the accident.

is a risk assessment a legal requirement?

Section 8 of the OSH Act states:

General duties of employers to their employees. (1) Every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of his employees.

Employers in South Africa are bound by the Occupational Health and Safety Act, Act 85 of 1993 (OHSA) and other relevant regulations to ensure that they provide a safe and healthy work environment which is free of hazards.

am i required to report incidents at the workplace?

Section 24 incidents that should be reported and investigated include the following types of incidents: 

  • When a person dies
  • When a person becomes unconscious
  • Suffers the lost of a limb or part of a limb
  • Is injured or becomes ill, or is likely to die or suffer permanent physical defect
  • Unable to work for 14 days or longer because of a work-related incident
  • When a ”major incident” occurs

 (Based on Legislation in section 24(a) and (b), of the Occupational Health and Safety Act) Section 1 of the Occupational Health and Safety Act defines it as ”an occurrence of catastrophic proportions, resulting from the use of plant or machinery, or from activities at a workplace.”

 The following occurrences must also be reported to the Provincial Director. When lives were endangered by:

  • Dangerous spilled substances
  • Uncontrolled release of a substance under pressure
  • Flying, falling, uncontrolled moving object
  • Machinery that ran out of control
  • (Based on Legislation in section 24(c), of the Occupational Health and Safety Act)

is a letter of good standing a legal requirement?

You need a letter of good standing from the department of labour if you have employed any staff. This is a legal requirement. You may need to produce this for the banks and or tenders. There are various entities that may request this document from you.

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