Description
Introduction to OHSA Legal Liability Training
The OHSA legal liability training offered by ACTRAC is designed to equip employers, safety officers, and management with the knowledge and tools required to comply with South Africa’s Occupational Health and Safety Act (OHSA). This training focuses on the legal obligations of employers and employees, risk management, hazard identification, and the establishment of robust OHS management systems.
By completing this OHSA legal liability training, participants will understand their legal duties, minimize workplace risk, prevent incidents, and ensure compliance with regulations. The training also strengthens the capacity of health and safety representatives and committees to enforce best practices and maintain a safe working environment.
Part 1 – Introduction to Course
This module introduces participants to the structure, objectives, and outcomes of the OHSA legal liability training. Topics include:
-
Programme activities and learning outcomes.
-
Objectives of the course and expected competencies.
-
Overview of the OHSA framework in South Africa.
Participants will gain an understanding of how legal liability affects both employers and employees, and the role of management in maintaining compliance.
Part 2 – Overview of Legislation
A thorough grasp of legislative requirements is central to the OHSA legal liability training:
-
Introduction to Legislation in South Africa – Historical context and the evolution of OHSA.
-
Courts in South Africa – Jurisdiction and enforcement of workplace safety legislation.
-
Definitions, Terminology, and Common Legal Terms – Understanding key OHSA language to avoid confusion.
-
Development of OHS Legislation – From inception to current regulatory frameworks.
-
Structure of the Act & Regulations – Sections critical to employer and employee obligations.
-
Standards and Certification – Role of compliance standards and best practices.
-
Principles of Law – Overview including vicarious liability and duties under Diligens Pater Familias.
-
Health & Safety Management System – System versus symptom, organizational structure, and implementation.
This module ensures participants understand the legal and procedural context before delving into employer and employee duties.
Part 3 – Establishing an OHS Management System
A core part of OHSA legal liability training involves setting up a functioning OHS management system:
-
Phase 1 – Appointments and Structure – Assigning roles and responsibilities.
-
Phase 2 – Risk Determination – Conducting Hazard Identification and Risk Assessment (HIRA).
-
Phase 3 – Implementation of Controls – Applying hierarchy of controls to mitigate risk.
-
Phase 4 – Incident Management – Procedures for recording, reporting, and investigating incidents.
-
Phase 5 – Monitoring and Auditing the System – Ensuring continual improvement and legal compliance.
-
Phase 6 – Developing an OHS Culture – Embedding safety into workplace culture.
-
Stakeholder Engagement – Managing resistance, lethargy, and distraction among employees.
By completing this module, employers and management can ensure that their OHS system meets legal requirements and is fully functional.
Part 4 – Critical Sections of the OHSA
This section of OHSA legal liability training focuses on key sections and practical applications:
Employer Duties (Sect 8)
-
General Duties to Employees – Protecting health and safety at all times.
-
Conducting a HIRA – Identifying hazards, assessing risks, and implementing controls.
-
Mitigating Hazards via Hierarchy of Control – Substitution, engineering controls, administrative controls, and PPE.
-
Information, Instruction, and Training – Ensuring employees are competent in safety procedures.
-
Supervision – Ensuring tasks are supervised by trained personnel.
Employee Duties (Sect 14–15)
-
General Duties at Work – Complying with safety protocols and reporting hazards.
-
Duty Not to Interfere with Safety Measures – Maintaining the integrity of safety systems.
Duties to Others (Sect 9–10)
-
Third-Party Safety – Ensuring the safety of contractors, visitors, and the public.
-
Responsibilities Regarding Articles and Substances – Safe use and compliance with standards.
Reporting and Compliance (Sect 24–26)
-
Reporting Incidents and Occupational Diseases – Legal obligations to notify inspectors.
-
Victimization Prohibited – Protecting employees from retaliation for reporting hazards.
Inspector and Enforcement Powers (Sect 27–38)
-
Designation of Inspectors – Authority and scope.
-
Investigations and Inquiries – Legal powers and procedures.
-
Offences, Penalties, and Special Orders – Consequences of non-compliance.
This module provides participants with practical knowledge on the OHSA sections most relevant to day-to-day operations and compliance enforcement.
Part 5 – Establishing Health & Safety Committees and Representatives
Effective implementation of OHSA relies on active participation of workplace representatives. This module of OHSA legal liability training includes:
-
Health & Safety Representatives – Appointment, functions, and responsibilities.
-
Health & Safety Committees – Formation, duties, and meeting protocols.
-
Committee Membership & Constitution – Roles and participation guidelines.
-
Frequency of Meetings and Record Keeping – Maintaining compliance and documentation.
Participants learn how committees and representatives act as the bridge between management and employees, enforcing compliance and promoting a culture of safety.
Part 6 – Incident Recording, Reporting & Investigation
The OHSA legal liability training emphasizes practical application:
-
Annexure 1 – Recording and Investigation of Incidents – Templates and guidelines for accurate documentation.
-
Letter of Appointment – Formalizing the appointment of incident investigators.
-
Investigation Steps – Scene visits, evidence collection, interviews, and root cause analysis.
-
Reporting to Inspectors – Compliance with Sect 24 & 25 requirements.
This ensures that both employers and employees understand their legal duties in maintaining accurate records and responding to workplace incidents.
Part 7 – Conclusion & Implementation
Upon completing this OHSA legal liability training, participants will:
-
Understand the full spectrum of legal duties under OHSA.
-
Be able to implement and audit OHS management systems.
-
Recognize hazards, conduct HIRAs, and apply mitigation measures.
-
Ensure legal compliance for both employer and employee responsibilities.
-
Effectively record, report, and investigate incidents.
Management and officers completing this course will be equipped to minimize legal liability, improve workplace safety culture, and ensure compliance with South African law.
