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Contractors have a responsibility towards health and safety in South Africa. It is imperative for both employers, contractors, and subcontractors to understand their role to ensure that a safe and healthy working environment exists.

A contractors health and safety and responsibilities in South Africa may often overlap that of the employer, or client, however, there are distinct duties that the contractor must fulfil regarding health and safety in the workplace. The following section explores the duties and responsibilities that the contractor has, starting with health and safety and contractor-specific requirements.

Is a Contractor in South Africa liable for Workman’s Compensation? Overview As per Section 22 of the Compensation for Occupational Diseases Act, No. 130 of 1993, more commonly referred to as COIDA, all employees have the right to compensation. This compensation comes into play when employees are injured, disabled, or they become ill, as result of a workplace accident or related disease. The simplest definition of an occupational disease is one which arises out of and can be contracted during an employee’s employment, as listed in Schedule 3 of COIDA. In South Africa, the contractor is regarded as the employer, and thus they are liable for Workman’s Compensation. What does COIDA say about Contractors? In broad terms, an employee can be defined as a person who has entered a contract of service with an employer. Where independent contractors are concerned, however, the position is viewed differently. According to Section 89(1)(a) of COIDA, should a person (the mandator) in the course of, or for the purpose of their business, enter an agreement with any other person (the contractor) for either the execution by or under the supervision of the contractor of the whole, or any part, of any work which is undertaken by the mandator, the contractor shall, in respect of his employees who are employed in the execution of the work concerned, register as the employer as according to the provisions of this Act and pay the necessary assessments. In addition, Section 89(1)(b) of COIDA also states that should the contractor fail to meet their obligations in terms of the Act, the employees will be deemed as employees of the mandator. Thus, the mandator shall pay the assessments with regards to the employees in question. What happens if the mandator pays an assessment for which they are not liable? According to Section 89(2) of COIDA, provision is made for events where the mandator has paid assessment or compensation for which they would not have been liable. This should the contractor have complied with their obligations under COIDA.  As such, the mandator may then recover such an assessment or compensation from the contractor. This amount may also be set off by the mandator against any debt which is owed to the contractor in question.

A Health and Safety File in South Africa is also known as a ‘Safety File’. This is a record of information which focuses on health and safety management on various sites, including that of construction sites, where both contractors and sub-contractors are concerned.

South Africa Education Departments Health and Safety requirements for schools Overview Health and Safety in schools is a factor which is taken extremely seriously by the Department of Basic Education. It is also an apex priority of the department and as result of this, there are various policies as well as measures which have been put in place to ensure the safety of all learners, educators, and relevant stakeholders in schools. Requirements as indicated by the Department of Education The Department has reiterated that there is no tolerance towards violence, drug-use and/or abuse, sexual harassment, and any other acts considered criminal, in schools as it poses a substantial barrier to learning. There is a significant focus on the inculcation of values as well as ethics along with a just and caring society within both schools and communities. The Department views any non-compliance in a serious light as such actions carry the potential of depriving learners of an inherent constitutional right to life, education, equality as well as dignity. There are numerous interventions which specifically focus on addressing the elements associated with physical infrastructure which includes adequate fencing, alarm systems, and burglar proofing. It also includes resilience-building programmes for young people as well as the strengthening of partnership with various stakeholders. There is a solid partnership between the Department and the South African Police Service (SAPS) which focuses on joining schools with local police-stations as well as the establishment of functional School Safety Committees. Schools are considered critical in the instilling of discipline and ensuring safety. It is for this reason that there is an emphasis on the Codes of Conduct for Learners at all public schools.

Managing Health and Safety In Schools and Colleges. Why is Health and Safety in Schools important? Health and safety in schools and colleges in an imperative factor. Ensuring that pupils and student safety is an imperative part of ethical framework for decades. As with other public services, schools as well as colleges are obliged to adapt to periods where considerable changes are occurring. They are also forced to continuously meet existing as well as new challenges. These challenges faced are often associated with new structures, accountabilities, additional concerns from parents, the public, and political circles in addition to concerns with excessive risk aversion.

Purpose of a Health and Safety Audit A health and safety audit, also referred to as an OHS Audit, serves the purpose of assisting in the consistent and continuous improvement of an organisation’s OHS procedures and OHS programme. When an OHS Audit is conducted, it must: • Identify risks along with the level of risks within the workplace. • Identify any strengths as well as weaknesses in the OHS procedures and OHS programme. • Compare current documentation as well as practices against best practice, legal requirements, and SafetyWallet protocols. • Highlight and recommend any improvements to be made in OHS procedures and the OHS programme. • Ensure that adequate resources are available for effective OHS management, and • Ensure that resources which are devoted to health and safety are effectively implemented and used.

The purpose of an OHS audit is to identify both strengths and weaknesses in the OHS program of a workplace.

Health and Safety Compliance refers to the means of conforming to a rule, either a specification, policy, or a standard and/or law. Regulatory compliance, more specifically, describes an organization’s goal in ensuring that they are aware of and take steps to comply with relevant laws, policies, and regulations.