Health and Safety non-compliance penalties

Are you aware how severe Health and Safety non-compliance penalties can be? Do you know what constitute these penalties, according to the Occupational Health and Safety Act? Many companies find themselves breaching the finer details of the OHS Act due to lack of knowledge. Avoid being slapped with heavy fines by knowing your Act.
Health and Safety non-compliance penalties are the forms of punishment that the Department of Labour imposes on employers whose premises are found to be non-compliant.

Health and Safety non-compliance penalties vary –

They range from light ones, which the department of Labour can order a corrective measure to be implemented as soon as possible with a warning or slight fine, to severe ones. The latter can lead to shutting down of premises or jail time to be served by the company owners.
It is essential that both employers and employees know what can incriminate them. This helps to avoid being slapped with unnecessary Health and Safety non-compliance penalties or loss of life. Also, it prevents loss of productivity when one has to be dragged to court for an avoidable offense. The following actions contribute to Health and Safety non-compliance penalties, according to Section 38 of the OHSA.

• Failing to comply with the provisions of sections 7 up to section 36 (read all about it in the OHSA )
• Willfully furnish false and misleading information
• Hinder or obstruct an inspector from performing his functions/ duties
• Refuse or fail to comply to with requirements or request made by an inspector
• Refuse or fail to answer any question asked by the inspector
• Tamper with or discourage, threaten, deceive or in any way unduly influence any person with regards to evidence to be given before the inspector
• Prejudice, influence or anticipate the proceedings or findings of an inquiry under section 32 or 33
• Tamper with or misuse any safety equipment installed or provided to any person Fail to use any safety equipment in the workplace in the course of his employment or in connection with the use of plant or machinery
• Willfully or recklessly do anything at a workplace or in connection with the use of plant or machinery which threatens the health and safety of any person

In addition, the following also contribute to Health and Safety non-compliance penalties

Refusing to:

I. appear before an inspector
II. be sworn or to make affirmation as a witness after being directed to do so
III. answer or fail to answer to the best of your knowledge and belief, any question posed to you
IV. comply with a requirement to produce a book, document or anything specified in the subpoena or which you are in possession of.

One can rest assured that the above can see them or their companies being slapped with Health and Safety non-compliance penalties. They come with a high fine tag or can even result in serving jail time.

MAKROSAFE consultants know the Act and its entire requirements, inside out. Contact them and they will help you with the finer details to stay away from the firing line of the Department of Labour.