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Consequences Of Non-Compliance Of The Act (SO1-AC3)
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Non-compliance with occupational health and safety legislation in South Africa can have a negative impact, including death, loss of income and disability, to mention but a few. It is therefore of utmost importance for employers to comply with occupational health and safety legislation to reduce work-related injuries and illnesses.
Workplace inspections are conducted to assist businesses to adhere to occupational health and safety legislation, while compliance orders issued to work sites as a result of these inspections are considered to reduce the risk of occupational injuries and exposure to health hazards.
Employers in South Africa have a legal duty under both common law and statute (as per the OHSA) to provide and sustain a working environment free of risk to the health and safety of their employees.
Health and Safety Non-Compliance
Every employee is valuable, therefore all employees who are exposed to hazards in the workplace are entitled to proper health and safety assistance programmes. Penalties for failure to comply with the prescripts of the OHSA include fines and imprisonment with a criminal record. It is important to know that where non-compliance leads to injury or a casualty, the employer could be held liable. For compliance purposes, the employer must provide effective leadership in health and safety management and demonstrate management commitment by allocating sufficient resources for workplace health and safety.
As can be seen from above, when an employer fails in his duties, he is in contravention of the OHSA, which is a Statutory Law, in which case he may be held criminally liable and prosecuted in his personal capacity.
Business owners should know that according to Section 332 of the CRIMINAL PROCEDURE ACT 51 of 1977, the following persons may be prosecuted individually and jointly:
- Company
- CEO (Appointed 16(1)
- Assistant CEO (Appointed 16(2)
- Other Chief Officers Appointed
- Managers
- Supervisors and Responsible Employees or Operators