In South Africa, both employers and employees carry clear legal responsibilities under the Occupational Health and Safety (OHS) Act 85 of 1993. When an incident or accident happens at work and it is found that any person has contravened the Act or failed to comply with their legal duties, that person – whether they’re the CEO, a member of management, or any other employee – may be held criminally liable.
For this reason, it is important that all employees and employers understand what their legal duties are under the OHS Act. That’s where legal liability training comes in.
What is legal liability training?
Legal liability training focuses on educating employees, members of management, and employers on their legal responsibilities in terms of workplace health and safety legislation, most notably the Occupational Health and Safety Act 85 of 1993.
Who should attend legal liability training?
Legal liability training can be valuable for the following individuals:
- Employers, CEOs, and members of upper management
- 16.2 Appointees (a member of management to whom the CEO/employer delegates their responsibilities in terms of OHS)
- Health & Safety Officers
- Health & Safety Supervisors
- Health & Safety Representatives
- Incident Investigators
- Risk Assessors
- HR professionals
What does OHS legal liability training cover?
Legal liability training typically covers the following:
- Important sections of the Act and important regulations attached to the Act
- The legal duties of both employers and employees under the OHS Act
- How to read and reference the OHS Act using sections, sub-sections, paragraphs, and sub-paragraphs
- Important legal concepts such as ‘reasonably practicable’, ‘self-regulation’, ‘criminal liability’, ‘civil liability’, etc.
- The powers of the Department of Employment and Labour (DoEL) inspectors
- Which workplace incidents are legally required to be reported to the DoEL and the paperwork required to do so
- Consequences of non-compliance with the OHS Act
What risks does legal liability training address?
When employers and employees don’t understand their legal responsibilities under the OHS Act, the following problems may arise:
- Increased legal exposure
- Employees may assume that health and safety is not their responsibility, leading to poor adherence to OHS policies and procedures and an increased likelihood of accidents and incidents
- In larger organisations, different departments may interpret OHS responsibilities differently, leading to inconsistencies in the application of procedures and policies and poor compliance
- Poor decision-making during incidents or high-pressure situations that may increase legal exposure
How often should legal liability training be done?
There is no fixed legal requirement for how often legal training should be repeated. However, best practice suggests:
- Initial training upon appointment to a management position or Health & Safety Team role
- Refresher training when roles change
- Periodic updates to stay abreast of changes to legislation
Where can I do legal liability training in South Africa?
First Aid, Fire and Safety Training (FAFST) offers two legal liability training courses:
The Occupational Health and Safety Act
Ideal for members of management, Supervisors, and Health & Safety Representatives, this course provides a broad overview of the most important sections of the OHS Act and its regulations. Delegates will gain a good understanding of the legal obligations of both employers and employees under the Act, as well as the consequences of non-compliance. This one-day training can be facilitated in person or online via Microsoft Teams.
Find out more about Occupational Health and Safety Act training.
16.2 Workshop
This two-hour workshop is designed for employers, CEOs, and managers who need to understand their duties and responsibilities according to the OHS Act and its regulations. While not as in-depth as our Occupational Health and Safety Act course outlined above, this workshop focuses on enabling management to recognise and fulfil their role in providing the support, commitment, and leadership required for a successful OHS system and programme.