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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.

Employees are the most important asset of any organisation and for this reason, their health and safety are crucial. However, as much as an organisation may rely on its own employees, there is also reliance on contractors, subcontractors, and suppliers.

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.

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.

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.