Legislation -Module 1

Legislation ' Module 1 of the MAKROSAFE Health and Safety Certificate – Being compliant to legislation is the most important aspect of health and safety in the workplace. While people often complain to know better or cheaper solutions, this doesn't necessarily mean that this is the case, or is the case for all involved. What one person deems to be safe doesn't necessarily make somebody else feeling safe too. Legislation provides a framework of acceptable standards that are widely accepted. As long as health and safety management professionals are aware of the legislations many problems can be avoided and much money can be saved.

The Legislation chapter of the MAKROSAFE health and safety certificate starts with taking a closer look at the Occupational Health and Safety Act No. 85 of 1993. It discusses the relevant sections of the Act including the general duties of employers and employees, general duties of manufacturers regarding items and substances used at the workplace, the duty to inform all involved as well as the functions of the various people involved in the up-keeping of health and safety in the workplace. Special attention will be given to the various (special) groups of people in the workplace that should be protected. We will also discuss actions to be taken in case an incident has taken place and the penalties or orders a court can issue when it turns out a company is non-compliant. Special attention will be given to discuss the processes the Department of Labour and authorities will follow to determine the likelihood of neglect. Therefore the differences between civil, criminal and vicarious liability will also be discussed as well as what is required for an employer to proof different. Ultimately it all boils down to being able to proof that either the health and safety professional or the company as such, have gone to great length to protect the employees from getting injured.

The Legislation chapter will be concluded with solutions and measures companies can take to limit the possibility of having to go through the above mentioned steps and processes. The financial, moral and legal responsibilities of management will, as such, be considered and discussed as well as the health and safety values a company should have or should implement in the workplace. A closer look will be taken at informing and training of staff and procedures to deal with incidents.

Discussing legal aspects is always considered to be 'challenging' and 'tough'. We all know how long it takes and how much dedication is required to become a judge or a lawyer. MAKROSAFE is well aware of this challenge. As the MAKROSAFE health and safety certificated was compiled with the intention to prepare even those without adequate formal education, special attention was given to the Legal chapter. The content will be illustrated by examples from the past of experiences from the various individuals. By spreading the content over various sub-modules, appointing the best lecturers with in-depth knowledge on the topic and establishing a situation where all learners are stimulated to share their views and opinions, learning about legislation involved in the health and safety industry is made interesting and even fun.