Who is exempt from health and safety

Who is exempt from health and safety – Nobody is exempt from health and safety! – The Occupational Health and Safety Act is pretty clear where and when a health and safety official has to be appointed. But that doesn't mean that every manager can delegate, or no longer have to take any responsibility in terms of health and safety once a professional has been appointed. Submitting every manager within the company to a health and safety training is not just a precaution but should be more a prerequisite if a company wants to avoid any ugly scenario.

Health and safety is very well-defined in the South African Health and Safety Act and Regulations (85 in 1993). The Act is used as a guideline by every health and safety officials around South Africa to ensure a safe workplace. Nevertheless this doesn't safeguard any manager, property- or company owner involved from not being held liable. In the event an insurance company has to pay out compensation to somebody injured, the insurance company will hold the policy holder liable and responsible, namely the employer or landlord.

And Section 41 of the Occupational Health and Safety Act, the so-called 'Not affected by Agreements' clause, states that no condition of an agreement shall affect any provision of this Act. In layman's terms this means that the indemnity waiver or own risk notice at the premises entrance or a signed indemnity waiver at the security or reception entrance is invalid for any injury, death, or health and/or safety incident issues or occurrences at the premises.

It is not just the Occupational Health and Safety Act that also affects managers, property- and company owners when health and safety within their premises is not up to standards. The South African Consumer Protection Act can hold also management liable directly, should their organisation fail to deliver what could reasonably be expected in terms of Health and Safety. And the South African Events Management Act is another example of an Act that could have serious consequences for people involved when they fail to deliver, regardless whether they were expected to be involved directly or not. All Acts will hold everybody accountable who should have, or could have, kept oversight of the proceedings but failed to deliver.

It is, therefore, advised that all managers are introduced to the basics of health and safety within their organisation. Managers have, first and for all, the responsibility of taking care of their staff and premises. Health and safety is important to all in terms of safeguarding anybody on-site but also in terms of the company's profile and quality standards. Managers who are reliant on health and safety officials to do so is not an example of the ability to delegate. On the contrary; a manager who has to rely on a health and safety official to even address the basics clearly demonstrates little interest and little accountability. If such managers are allowed to continue performing, it could cost companies dearly when clients will visit their premises but, more importantly, when insurance companies or even officials come knocking on the door.