All registered companies operating within their specific field of operations are required to comply with the requirements of the Occupational Health and Safety Act (Act 85/1993), as managed by the Department of Labour (DOL). The penalties which may be imposed by DOL inspectors on those companies who fail to comply vary in severity, based on the magnitude of the non-compliance.
These penalties range from a written warning and instruction to comply within a certain time period, to heavy fines and possible closure and cessation of operations for the more serious aspects of non-compliance, and especially more so where the health and safety of staff members is placed in jeopardy. In cases where non-compliance has resulted in injury or death of any staff member/s, the employer/CEO of the company will be held liable for the consequences of the non-compliance, and could face a hefty fine or even legal action being imposed.
According to section 38 of the OHS Act, the following actions pertained to be those of non-compliance on the part of the company management could result in penalties being imposed by DOL inspectors:
1. Non-compliance or failure to adhere to the requirements of any sections of the OHS Act (any sections ranging from section 7 to section 36).
2. Obstructing or preventing a DOL inspector from executing his/her duties.
3. Providing false or misleading information to the DOL on purpose.
4. Failing or refusing to comply with the requirements or specific requests of a DOL inspector, and failing to answer any questions posed by such inspector.
5. Influencing, prejudicing or anticipating the proceedings or findings of an inquiry under section 32 or 33 of the OHS Act .
6. Failing to enforce the correct use of Personal Protective Equipment (PPE) by staff members whilst engaged in their specific tasks within the work place where such equipment is required, and including the operating of any machinery or plant.
7. Tampering with or misusing any safety equipment installed or provided to any person.
8. Influencing or prejudicing the outcome or findings of an enquiry in terms of section 32 or 33 of the OHS Act.
9. Recklessly or wilfully carrying out any action, including the operation of any plant or machinery in the work place which could jeopardise the health and safety of a staff member or members.
The aspects mentioned above are normally accompanied by severe penalties, which could result in financial outlay, imprisonment of the senior management, and this in turn could also result in a possible loss of income or negative publicity for the company amongst existing clients or any possible future clients.
In closing this blog, the best avenue to follow is total compliance!
