Providing Proof of Facts Health and Safety Compliance

Proof of facts may be pieces of papers or documents but they can go a long way in saving one from a legal crisis. Offenders accused of having violated Health and Safety regulations find themselves in a complete different ball-game. In normal lawsuits, the accused is presumed innocent until proven guilty. However, in the OHS Act legal proceeding, the accused is considered guilty until he/she proves their innocence. This can only be achieved when you are in possession of Proof of facts.

This blog is meant to highlight the importance of documenting and keeping Proof of facts regarding health and safety. The OHSA under section 39 states that:

• If employers are guilty of any injury or incident that occurs to anyone in their premises until the employers prove that, that particular person is not their employee.

It is, therefore, advised that employers establish a system whereby they record details of people who enter their premises to help them differentiate visitors from employees.

• In the absence of satisfactory Proof of facts about the age for a particular person, the inspector of the Department of Labour will probable the age of the person according to his own opinion.

Proof of facts – Health and Safety Compliance

To avoid unnecessary long processes, delays and costs when dealing with the Department of Labour, it is advised to keep an accurate and up to date database of the employees' identity documents to avoid such unfortunate circumstances

• Any document, book or copy of either of these, kept by the employer/user or employee will be considered as evidence and shall be used as evidence against the employer unless the employer proves that the entry was not made by them/ user/ employee or anybody within the scope of their authority.
• If during legal proceedings it is determined that the information on the records kept by any person is an untrue statement or entry, that person will be presumed to have willfully falsified that record
• The inspectors from the department of Labour have the powers to seize and use any documents from premises as evidence against employers. Employers should ensure that they keep documents that are accurate and relevant at all times.
• Employers have to produce Proof of facts that their products were compliant with all standards. Failure to produce such, employers will be found guilty of an offense. Employers should keep all data sheets, information; maintenance records and any kind of proof of facts. Any document produced purporting to be a certificate or statement approved by an inspector will be accepted as prima facie proof of facts.

These are just a few examples on how important it is for employers do a proper documentation of all Proof of facts to help them during legal proceedings.

The availability of the following documents that are accurate and up-to-date are examples of Proof of facts that can help companies escape legal cases:

1. Material data sheets

2. Health and safety compliance certificate

3. Maintenance records

4. First Aid monthly inspection records

5. Risk Assessment and Audit records (to mention but a few.)

Even if a company is playing by the book, the absence of these Proof of facts documents can lead to the accused being found guilty and being charged.
It is essential to know all about the Act if you are in business. MAKROSAFE can assist you with all the information, simple contact us today and speak to a dedicated consultant.