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What Responsibilities do Employers (Clients) and the Contractors Have with regards to Health and Safety? Overview Where the workplace is concerned, it is imperative to for all to understand what responsibilities employers (clients) and the contractors have with regards to health and safety. This applies throughout the contractor industry and responsibility lies within different elements of the design as well as build process. This includes both the clients as well as the main contractors to ensure that it is done effectively. Contractors Contractors have responsibilities in having to complete various areas of the project.

Medical Aid for COIDA/WCA when claiming for injuries on duty Overview When claiming for injuries on duties, it is imperative that employers are familiar with the process involved with medical aid for COIDA/WCA, ensuring that they cannot be held liable for the medical costs involved with treatment of injured employees. The Compensation Fund is administered by the Department of Labour in South Africa, also referred to as DOL, with the fund providing employees who are injured at work, or who become sick from diseases contracted at work, or who die as result of either, with compensation. Headquartered in Pretoria, South Africa, the Compensation Fund is covered by the Compensation for Occupational Injuries and Diseases Act (1993) as well as the Compensation Fund for Occupational Injuries and Diseases Amendment Act (1997). Further changes to the law which governs the Compensation Fund were adopted in 2020, ensuring that casual workers are also covered by this law. Compensation may only be claimed by an employee should the injury or occupational illness has been assessed and declared as either ‘permanent disablement’, ‘temporary disablement’, or ‘temporary total disablement’. According to law, all employers must register with the Compensation Fund and pay an annual assessment fee. The registration must include all employees on the payroll of the employer. Employers are responsible for paying the Compensation Fund and therefore, employers may not deduct any fees from their employees to pay the Fund.

Injuries have the potential to arise from a variety of circumstances whether a fall at home, a motor vehicle accident, assault, or an injury which was sustained in the workplace. Medical aid is something that not all South Africans can afford and there are people who may have to depend on agencies such as the Compensation Commissioner or Workmen’s compensation, or the Road Accident Fund, to ensure that provision can be made for private medical care.

All employers, as per the Compensation for Occupational Injuries and Diseases Act, 130 (COIDA), must register for workers compensation. Any employer who fails to do this, is guilty of a criminal offence. As result of the implementation of COIDA, the general rights that employees had under common law in suing their employers for losses suffered while employed, have been removed.

As an employer in South Africa, do I need to Register for Workmen’s Compensation? Overview To answer the question that many employers in South Africa ask regarding whether they need to register for workmen’s compensation, it is important to consider a few factors first. Who is an Employer? All persons who employ one or more employees are considered employers if they take part in business or farming activities, as according to the Compensation for Occupational Injuries and Diseases Act (COIDA). The client is considered an employer when appointing a contractor to complete a task and therefore, a contractor is considered an employer as they also have employees working for them.

A Contractor’s Health and Safety Responsibilities in South Africa – Part 4 Overview Each person in an organisation plays a vital part towards ensuring a healthy and safe working environment, even if it is the responsibility of the employer to provide such, the maintaining thereof is imperative for continuous health and safety compliance. A contractor’s health and safety responsibilities in South Africa is clear and concise, and it is also necessary to explore the rights that the client has along with the specific safety provisions and safety performance. Client’s Rights Inspections/Investigations The client, or their representing agent may, in any reasonable manner, observe as well as inspect the safety and accident prevention plan of the contractor

Employers appoint contractors for a variety of reasons and work to be conducted on a project. These contractors may also appoint other subcontractors for tasks that need to be done. In the hierarchy of project management, each participant has their duty towards ensuring that the workplace remains safe, healthy, and harm-free for all employees and visitors to the site.

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.