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Support
For a better understanding let us look at some of the definitions applicable to the OHS act
The following is a list of some of the definitions as detailed in the OHS Act . It is by no means the complete list but reflects the subjects applicable :
• Employee : any person who is employed by or works for an employer from whom he receives or is entitled to receive any remuneration or who works under the direction or supervision of an employer or any other person .
• Employer : any person who employs or provides work for any person and remunerates that person but excludes a labour broker .
“ Where the employee is aware that certain safety requirements are not being conformed to it is his responsibility to inform the employer ."
• Employment : or ‘ employed ’ refers to the status of an employee .
• Hazard : a source of or exposure to danger .
• Incident : an incident as contemplated in OHS Act section 24
• Workplace : means any premises or place where a person performs work in the course of his employment .
“ The minister may by notice in the Gazette declare that a person belonging to a category of persons specified in the notice shall for the purposes of this Act or any provision thereof be deemed to be an employee , and thereupon any person vested and charged with the control and supervision of the said person shall for the said purposes be deemed to be the employer of such person .”
Elsie , I hope that this helps with your understanding of HIRA and section 14 of the OHS act . I do recommend you look at further relevant sections of the act . RACA
Grant Laidlaw
REFERENCES :
1 . ACRA 2 . OHS act
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RACA Journal I January 2025 www . refrigerationandaircon . co . za