(PLEASE NOTE: This course is only available in ZAR)

COURSE OBJECTIVES

Understanding and practically applying the Occupational Health and Safety Act (OSHA) and the Construction Regulations is best done within the context of the broader framework of South African law. Legislation exists as an extension South African Common Law relating, in summary, to persons, property, and obligations arising from contract and injury law, criminal law, and the law of evidence and court procedures.

This course examines the Act and the regulations from this perspective and aims to provide a deeper understanding of the principles and application of the Act and Regulations

COURSE OUTLINE

1. Overview

• The global construction dilemma
• Quantifying construction injuries in South Africa
• The causes of accidents
• The state of compliance
• Cost of accidents

2. The South African Legal and Legislative framework

• Sources of South African law
• Constitutional law
• Legislative framework
• The common law of persons, property, contract, delict
• Criminal law

3. Contract law – OSHA, Regulations, and COID and…

• Employment contracts,
• Consulting mandates
• Construction contracts
• The stakeholders under the Act and Regulations

4. Injury law – – OSHA, Regulations, and COID and…

• Injury to non-employees
• Negligence in delict
• Relationship between ‘risk management’ and negligence
• Harm caused by the misuse of property

5. Criminal Law

• Crimes against persons and property
• Crimes of intend and negligence
• Statutory offences under the OSHA and Regulations

6. Liability under the OHSA

• Aim of legislation
• Roles and Responsibilities of parties
• Health and Safety Representatives and Committees
• Inquiries, Duty not to interfere misuse things
• Health and Safety Standards
• Inspectors Powers; Section 30 Notices
• Offences; Penalties and Special Orders
• South African Case Law and Practical Workshop.

7. Duty of care in implementing the Construction Regulations

• Risk Assessment
• Fall Protection; Structure; Temporary Work; Excavation; Demolition; Tunnel; Scaffold: Suspended Platform; Rope Access; Material Hoist; Bulk Plant; Explosive device; Crane; Construction Vehicles and Plant; Electrical Installations; Temporary Storage of Flammable Liquid; Water Environment; Housekeeping; Stacking; Fire Precaution; Facility; Section 30 Notices;
• Offences, Penalties, Special Orders and Appointments. South African Case Law

Presenter: Gavin Weiman

Delegates can claim 2 ECSA CPD point