A Health and Safety appointment is a legally binding contractual agreement (allowed for by legislation, some instances required by legislation) entered into by two parties, either the employer or the manager and a specific employee. Health and Safety legislation makes the appointee and appointed, in terms of the Act, accountable to ensuring compliance with all applicable legal requirements of the Act and regulations. These appointments however are only of value if done correctly. The Appointment DNA software was developed aligning the requirements of the DMR, DOL and Specialist Court. The appointment letters have been tested in investigations, inquiries and criminal prosecution in several cases. The software makes it easy for the client to manage all the appointment letters available, and updates protect the client from potential liability.
The Occupational Health and Safety Legal Register links applicable legal requirements directly to a company’s identified activities, aspects and impacts as well as health and safety risks and hazards. According to the ISO 14001 and OSHAS 18001 standards, there are no defined formats on the legal register, but they do require organisations to identify relevant health and safety legislation at national, provincial and local authority levels.
Its aim is to assist both project management and contractors in the proper implementation of the requirements of the Act and its regulations with regard to contractor management. We have endeavoured to be as comprehensive as possible although one should never forget that the Occupational Health and Safety Act and or Mine Health and Safety Act with its regulations remain the final authority.
“The issues surrounding contractors and contractor management at a workplace and then in particular regarding construction work has only in recent times been deemed to be important enough that it warrants comprehensive regulating by statutes. The statutes, however, do not always give a clear indication as to how one fulfils their requirements”.
Both the Mine Health and Safety Act and the Occupational Health and Safety Act place a duty on the employer to follow a risk based approach in dealing with workplace hazards. The cornerstone of practical legal compliance is the performance of risk assessments. Whle the legislation places a general duty on the employer to assess risk, the legislation also requires some specific, issue based risk assessments to be performed.
While the legislation does not define what a risk assessment is, it is generally referred to as a systematic process of evaluating the potential risks that may be involved in a projected activity or undertaking. LCS is uniquely equipped to ensure that the risk assessment process complies not only with the minimum legal requirements, but also adds value to the risk management process. We have class leading experience in performing baseline, issue based and product legal risk assessments for blue chip listed mining and industrial employers.