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Business - Occupation health and safety
argue that their lawful orders were disregarded , or cooperation was lacking ( section 14 of the Act ). It is crucial to note that Section 8 is the cornerstone of the OHS Act , defining the general duties of employers towards their employees .
When an employee suffers an injury or fatality at the workplace , employers will be adjudged based on Section 8 . If a municipality exposes members of the public to hazards resulting in injury or death , Section 9 , which relates to duties towards nonemployees , may come into play . Employers and machinery OEMs are also responsible for the well-being of employees , as well as visitors and third parties . Furthermore , if you invite someone to your workplace and they are injured due to your negligence , they can take legal action against you .
In the construction industry , accidents and fatalities can occur , making it crucial to have proper reporting procedures in place . According to the OHS Act , any fatality or serious disability resulting from an incident must be reported immediately to the DEL , the South African Police Service , and other relevant authorities . Minor injuries that lead to a worker being absent from work for more than 14 days must also be reported within seven days . These reporting requirements , whether through phone , fax , or email , ensure that incidents are documented , and appropriate investigations can take place .
Preserving the scene of an accident is of utmost importance to the gathering of accurate evidence and to conduct thorough investigations . Section 24 of the OHS Act prohibits disturbing the scene without the authorisation of the DEL . This regulation aims to ensure that crucial evidence is not tampered with or compromised . Inspectors or specialists appointed should arrive promptly to assess the scene and make necessary arrangements . Construction companies must cooperate with these inspectors and seek their guidance to handle such situations effectively .
PROPOSED AMENDMENTS TO ACT TO IMPROVE SECTION 31 INVESTIGATIONS Section 31 investigations play a pivotal role in understanding the causes and circumstances surrounding accidents and fatalities . These investigations are conducted by inspectors , who may arrive on-site to gather information and take statements from witnesses . It is crucial for employers to cooperate with these investigators and provide accurate and timely information . However , concerns have been raised regarding the informal nature of these investigations and the need for a more formal process that includes the involvement of families and legal representation . Implementing a formal
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RACA Journal I August 2023 www . refrigerationandaircon . co . za