16.2 Legal Liability

Course Contents

1. Explain the basic principles of the Act and the accompanying Regulations

• The concepts of civil liability and criminal liability are explained with examples

• Reasons for the existence of the Act are explained with reference to health, safety, and good corporate governance.

• The Act and Regulations are used to access information for different scenarios.

• The responsibility of an organisation to ensure compliance within the generic framework of the Act is explained and an indication is given of the legal implications of non-compliance.

2. Explain the requirements for minimum compliance stipulated in the Act.

• The structures required to facilitate application of the Act in an organisation are named and an indication is given of the appointments required to achieve compliance.

• The duties of selected designated appointments are explained with reference to responsibilities and accountability

• The obligations of the employer to provide the means to comply with the Act are explained with reference to resources and financing.

3. Interpret the management controls required to achieve compliance.

• A compliance plan is developed for an organisation or business unit.

• A risk assessment is conducted and an indication is given of control measures required to contain the assessed risks in an organisation or business unit at an acceptable level

• A system to assess and review risk control measures is proposed for a specific organisation or business unit.

• The use of documents and records in a management audit to support legal defense, compliance, and corporate governance is explained with reference to the evidence each document provides.

4. Explain the obligations of managers in terms of communication and training.

• The obligations of management to communicate policies and procedures relating to OHSA are explained with examples.

• The legal requirements in respect of training are explained for a specific workplace.

• The duties of employees to comply with safety requirements and report health and safety risks or threats to themselves are explained and a process is proposed to ensure compliance.

NQF Details

• Unit Standard: Demonstrate knowledge and application of the Occupational Health and Safety Act, 85 of 1993 (OHSA) (as amended) and the responsibilities of management in terms of the Act

• Unit Standard Number: 242668

Certification:         

• A Certificate of training will be issued to all successful candidates