Step-by-step guide to build a Health and Safety Site File

Step-by-step guide to build a Health and Safety Site File Overview Without a health and safety file, contractors working on sites in South Africa face severe criminal offenses along with numerous costly liabilities which result from damages as well as hazards on work sites. Many companies may not know what to include in their health and safety files, and for this reason it is crucial to provide a step-by-step guide to build a health and safety site file. Safety files, as they are also known more commonly, contain records of data which is developed by project supervisors specifically for end-users with close adherence where health and well-being standards are concerned. The safety file severs numerous functions, with one being a source of health and safety references for peer contractors as well as workers who must conduct repairs, maintenance, and demolitions. This document, or record, protects employers from any type of liability which results from criminal offenses apart from proving compliance with the Occupational Health and Safety Act and Regulations.

Posted date: 13th Mar 2021
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Employer’s (Client’s) guide to compiling a health and safety site file

Employer’s (Client’s) guide to compiling a health and safety site file Overview A safety file may be either an employer’s worst enemy, which is a general misconception, or an employer’s best friend in some of the worst situations. Proof of evidence is one of the most crucial parts of a business’ Occupational Health and Safety Management System. It is also the best defence where liability and vicarious liability is concerned. A health and safety file are, according to the Occupational Health and Safety Act, a book, record, or other documents which must be kept. This can either be done by keeping paper records, such as a safety file, or even OHS Management software. If an employer makes use of the former, it is necessary to consult the following employer’s (client’s) guide to compiling a health and safety file, to ensure that it is done correctly, and that all requirement documentation has been placed in the file. Contents of the Health and Safety File Site Specific Health and Safety File The safety file and all the documents that it contains must be site specific as well as task specific. Firstly, the file must have an index which clearly states the content of the health and safety file. This makes it so much easier for anyone looking for specific documents to find what they need. There are three crucial things to remember:

Posted date: 13th Mar 2021
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Contractor Health and Safety Site File Employers client legal requirements

Contractor Health and Safety Site File and an Employers (clients) Legal Requirements Overview Small and medium business entities (SMEs) as well as business owners in South Africa face various challenges, and for this reason it is imperative that all employers ensure that an Occupational Health and Safety (OHS) file is compiled. This is often a challenge as employers may not know precisely what must be included in their file. The contractor Health and Safety File and an Employer's (clients) legal requirements therefore deserves further exploration and elaboration, aiding employers in ensuring that they conform with the requirements of the Occupational Health and Safety Act (85 of 1993). The OHS file is an important, documented record compiled by trained and competent OHS practitioners or an OHS team. South African contractors must not be allowed, in terms of legislation, access to any worksites without the proper file and contents in place. South Africa is known for its challenges with unemployment, poverty, and a lack of proper education. Some small entrepreneurs who are starting out with business may not have either the finance or the appropriate knowledge needed to ensure OHS implementation, compliance, and/or execution. And for this reason, it is necessary to explore the health and safety file and legal requirements that employers are subjected to, providing such small businesses with the necessary tools and information that they need to ensure that they can comply with OHSA, which will inevitably bring them more opportunities, as compliant contractors, and allow for business expansion and more exposure.

Posted date: 13th Mar 2021
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The Employer (client) - The Contractors - The Section 37(2) Agreement and Legal Liability

The Employer (client) - The Contractors - The Section 37(2) Agreement and Legal Liability Overview There may be a substantial amount of misconception where the employer (client), the contractors, and the Section 37(2) agreement and legal liability is concerned. Should a contractor be conducting work on behalf of the employer and they have signed an agreement in terms of Section 37(2) of the Occupational Health and Safety Act, who is responsible for the health and safety of contractors on the client’s site? This can be answered by having an in-depth look at the term ‘vicarious liability’ alongside Section 37(2) of OHSA along with Section 9 of the same Act. Vicarious Liability – what it is and what it means for the employer (client) It is imperative for the employer, or client, and their organisation to understand the basic principles included in the doctrine of vicarious liability. Employers are vicariously liable, as according to

Posted date: 13th Mar 2021
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What is Section 37(2) Health and Safety contract between an employer and a mandatory (contractor)?

What is Section 37(2) Health and Safety contract between an employer and a mandatory (contractor)? Overview The purpose of the Section 37(2) Health and Safety contract between an employer and a mandatory (contractor), refers specifically to a mandatory and written contractual agreement. It exists between a client and a contractor in terms of work and/or services provided by the contractor, subjected to both the terms and conditions of the Mandatory Agreement. What work does it cover? This will be determined by the client according to the nature of their business and any work that they may need to have done, or services they need from a specific contractor. It can include, but is not limited to, the following: • Building and construction • Electrical and/or installation work. • Plumbing • Painting • Installations • Servicing of machinery and/or equipment, and more.

Posted date: 13th Mar 2021
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Employers could be liable for contractors or employees actions in South Africa

Employers could be liable for contractors or employees' actions in South Africa Overview Vicarious liability may not be a common term, but it is a legal term that is used in describing a situation where the law holds a person, or an employer, liable for the wrongful act or omission of another, regardless of whether it was that person’s fault. Vicarious liability is also known as strict liability and it is imperative to know and realize that employers could be liable for contractors or employees’ actions in South Africa, given the right circumstances. One way in which to clearly explain this is by using the following example: While on duty, a vehicle driver collides with another vehicle and the other driver is grievously injured. The accident was the fault of the driver and thus his employer is held liable, which serves as the principle of vicarious liability.

Posted date: 13th Mar 2021
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When can an employer be held legally liable for a contractor or employees with injuries on duty (IOD)?

When can an employer be held legally liable for a contractor or employees with injuries on duty (IOD)? Overview Each participant in the workplace has certain responsibilities, the client, the contractor, and all employees. When an incident occurs, it may be unclear when the employer can be held legally liable for a contractor or employee where injury on duty (IOD) is concerned. Who is the employee? Any person who has entered an agreement or contract of service with an employer is considered an employee. The service contract can either be in writing, expressed, or implied. It also applies to all temporary, permanent, and underaged workers, as defined in Section 1 of the Compensation for Occupational Injuries and Diseases Act (COIDA)

Posted date: 7th Mar 2021
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Who is responsible in South Africa when a contractor or contractor employee is injured on the employers premises

Who is responsible in South Africa when a contractor or contractor employee is injured on the employer's premises? Overview When an injury occurs and it involves the employee of an independent contractor, the client may think that the responsibility of the medical expenses in treating that employee along with any lost wages would be that of his employer, not the client who contracted the independent contractor with work. However, in numerous cases, the court may find that the responsibility lay with the client. The aspect relating to who is responsible in South Africa when a contractor or contractor employee is injured on the employer’s premises is therefore a crucial topic. There are a few factors which need to be discovered, in which the answer can be identified.

Posted date: 7th Mar 2021
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