A frightening number of employers do not realise the consequences of non-compliance to the Occupational health and Safety Act No. 85 of 1993. Don’t think it can’t happen to you. A fatal or disabling work accident can happen in an instant and should you, as an employer, be found negligent the consequences don’t bear thinking about. Read this extract from the Act:
38. (2) Any employer who does or omits to do an act, thereby causing a person to be injured in a workplace, or, in the case of a person employed by him, to be injured at any place in the course of his employment, or any user who does or omits to do an act in connection with the use of plant of machinery, thereby causing a person to be injured shall be guilty of an offence if that employer or user, as the case may be, would in respect of that act or omission have been guilty of the offence of culpable homicide had that act caused the death of the said person, irrespective of whether or not the injury could have led to the death of such person, and on conviction be liable for a fine of not exceeding R100 000 or imprisonment for a period of not exceeding 2 years or both such fine and imprisonment.
Employee unions are quick to jump on issue of non-compliance when there is a work accident. Look at these recent articles.
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