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Who is responsible in South Africa when a contractor that you contracted to conduct work for you is injured or killed on your premises? Overview When a client hires an independent contractor to perform services at their place of business, it is imperative to know who is responsible in South Africa when a contractor that they contracted to conduct for them is injured or killed on their premises. Clients must know that their legal standard of care is different from the duties which are owed to a customer, for instance. However, should a workplace injury occur to an independent contractor’s employee on the client’s premises, the client will expect that workers’ compensation is available to cover expenses. However, it must be noted that even though there is workers’ compensation coverage, it may not preclude any third-party liability. This relates specifically to the possessor or owner of the premises, regardless of whether it is leased or owned by the client, being held liable for the injury.

Do you need a Letter of Good Standing from the Compensation Fund (COIDA)?

Letter of Good Standing (LoGS) Overview The Compensation Fund’s Letter of Good Standing (LoGS) can be viewed just as important as the South African Revenue Service’s (SARS) Tax Clearance Certificates. Letters of Good Standing are especially important for: • Tenders • Government business contracts and renewals, and • Contractor work Legally, mandators, or employers, can be held liable for claims as well as assessment costs of their contractors if they are either not registered with the Compensation Fund, or if they are not up to date with their fees payable annually.

Before providing a step-by-step guide to getting a Letter of Good Standing so that you are health and safety compliant, it is first necessary to understand what it is, why it is required, and what the workman’s compensation is.

It is common for organisations, clients, or employers, to make use of contractors to help them perform essential activities as well as skill-specific tasks. However, an important consideration with regards to health and safety for contractors and suppliers, is who is responsible? You, or them?

What is occupational health and safety for all employers, including contractors and suppliers in South Africa? The answer may seem obvious, but the field concerned with Occupational Health and Safety, is one which is truly diverse, and it presents some level of complexity. In simple terms, it relates to everything including laws, regulations, programmes, and procedures, which are concerned with the health, safety, and the wellbeing of employees while they are at work.

What every contractor and/or supplier in South Africa must know about health and safety – Part 2

There are numerous guides which elaborate on what every contractor and/or supplier in South Africa must know about health and safety. The reason for this concerns the importance surrounding an employer’s duty towards providing a safe and healthy working environment.

Employers, as according to the Occupational Health and Safety Act, 85 of 1993, have a duty towards ensuring that employees and any visitors to the premises are safeguarded against hazards and risks. In addition to these duties, there are regulations which deal with hazards for industries that feature high risks.