| Workplace safety and health laws establish | | | | law have many facets. Most countries have |
| regulations designed to eliminate personal injuries | | | | various tiers of legislation. At the highest level |
| and illnesses from occurring in the workplace. | | | | there are normally a constitution and at the next |
| Generally laws consist primarily of Acts and | | | | level numerous statutes on topics ranging from |
| subordinate legislation such as regulations. In | | | | occupational health and safety to environmental |
| addition to this a number of other legislative | | | | management. Many of the statutes enable the |
| instruments are available to the legislator to | | | | various political representatives to make |
| provide appropriate statutory instruments. | | | | subordinate legislation like regulations. These |
| Safety and the law are being dealt with in a | | | | regulations may or may not incorporate the use |
| number of excellent available publications. It is not | | | | of codes of practice. |
| the purpose of this article to address the | | | | There is no finite list of rules applicable to |
| complexities of the law, however, persons in a | | | | particular businesses or even categories of |
| supervisory position should ensure that they are | | | | companies or industries nor is there a definite |
| at least aware of the specific statutory | | | | classification of laws that businesses should focus |
| requirements placed upon the position held. It is | | | | on. A possible way of classifying the rules would |
| the responsibility of each individual to establish the | | | | be to list the broad areas of liability exposures |
| specific statutory duties placed upon the | | | | with sub categories relating to specific areas of |
| incumbent of any specific supervisory position. In | | | | concern. |
| this article it is the aim to at least explain some of | | | | Legislation applicable to organizations is |
| the more important legal terms in a language that | | | | continuously increasing. The days that employers |
| a person who received very little legal training, can | | | | could only comply with one or two safety laws |
| understand and interpret to prevent legal liabilities | | | | are gone forever. Safety legislation is constantly |
| being incurred without even knowing about it. | | | | growing in terms of volume, scope and |
| Legal liability can be explained as an obligation of | | | | complexity. Often these legal requirements have |
| one party to another that is enforceable through | | | | to be implemented by people who do not have |
| a court. This type of liability is a fundamental | | | | the inclination or resources to wade through |
| aspect of law, it should be understood that a legal | | | | literally thousands of pages of legal text to |
| liability may arise for a number of different | | | | determine the applicability and meaning of specific |
| reasons. These include but are not limited to | | | | legislation. |
| duties arising from the entering into special | | | | Apart from the obvious requirement that legal |
| agreements such as contracts, in the carrying out | | | | compliance is compulsory, it is also a specific |
| of a fiduciary duty or placed on a person or group | | | | requirement of most safety management |
| of persons by an act of Government. The | | | | systems that the organization must be legally |
| manager, supervisor and employee should also | | | | compliant to receive the top accolades of the |
| note that an employment contract can place | | | | recognition system. |
| specific legal liabilities on him or her by explicit or | | | | Scoring and recognition systems can therefore be |
| implicit clauses in their employment contract, as | | | | severely affected by legal non-compliance. In the |
| well as by the relevant occupational health and | | | | sampling and verification phase of an audit, the |
| safety legislation, applicable to the particular | | | | auditor will decide which legal requirements are |
| industry. | | | | going to be verified. This means that the |
| A legal liability does not always arise as a result of | | | | company being audited must ensure legal |
| an intentional harmful act or of some proven | | | | compliance on all the elements of the |
| oversight like negligence. The allocating of a liability | | | | management system as it is not known which |
| as a result of injury may historically merely have | | | | section the auditor will verify. In addition, world |
| been a peace-conserving substitute for the | | | | class management systems all requires that the |
| custom of an injured party taking revenge on the | | | | company identify, has access to and ensures |
| party believed to have caused the injury. It is a | | | | compliance to all applicable legal requirements |
| historic fact that the focus of the law has | | | | relating to occupational health, safety and |
| changed to ensure that the one who was | | | | environmental issues. |
| negligent should compensate the one who has lost | | | | Legal compliance can only be achieved and |
| something as a result of the action of the | | | | sustained once the applicable legal requirements |
| negligent party, even if that action is otherwise | | | | have been identified, and integrated into a formal |
| blameless under the law. | | | | management system. To facilitate this, a specific |
| It is worthwhile to remember that an act or | | | | legal register should be compiled. Normally this is |
| omission of a supervisor can cause a legal liability | | | | achieved with the assistance of a team of legal |
| for the company besides the legal liability incurred | | | | professionals with industry specific experience. |
| by the individual, resulting from the said act or | | | | The purpose of a legal register is both to identify |
| omission. It is further significant that supervisors | | | | applicable legislation and to dispense with irrelevant |
| could, in some cases be held personally liable for | | | | information. The legal requirements are normally |
| both civil and criminal prosecution pertaining to | | | | presented in a user-friendly manner in a document |
| their statutory duties and responsibilities that may | | | | that has various sections. These sections include a |
| be contained in laws and regulations. | | | | summary of the applicable laws, an interpretation |
| The practical application of the laws and | | | | of applicable clauses and a cross reference to |
| regulations pertaining to health and safety are | | | | relevant legal text. A properly drafted legal |
| normally converted into a complex structure of | | | | register can also forms the basis for legal |
| rules and guidelines by companies. | | | | compliance audits. |
| Any employee not following these rules could find | | | | Most countries have a legal requirement that |
| themselves tied up in a civil and/or a criminal | | | | places a statutory responsibility on managers to |
| liability claim. For this reason it is imperative that | | | | identify the hazards to health or safety to which |
| laws are identified, analyzed, recorded and kept | | | | employees may be exposed while they are at |
| up to date and appropriately followed. It should be | | | | work, to assess the risks to health or safety to |
| noted that laws are not static and are subject to | | | | which employees may be exposed to and to |
| constant changes and amendments. An important | | | | develop suitable and sufficient control for |
| aspect of the law is that generally, ignorance of | | | | significant risks. |
| the law cannot be used as a defense against a | | | | The best intentions for compliance can come to |
| transgression. This implies that it is the | | | | nothing if the manager is not aware of the |
| responsibility of each individual to ensure that they | | | | various statutory requirements. In order to |
| have a sufficient level of knowledge and | | | | comply with the wide ranging legislative |
| understanding of applicable laws and regulations. | | | | requirements is not an easy task and requires the |
| Even to the uninformed it must be clear that the | | | | support of a legal professional. |