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Jaco Swartz

Occupational Health and Safety Act 85 of 1993 Construction Regulations – Important lessons. Jaco Swartz. WHY LAWS?. King Hammurabi, “Codex Hammurabi” Babylonia. 1 % NEGLIGENCE. REASONABLE MAN. FORESEE.

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Jaco Swartz

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  1. Occupational Health and Safety Act 85 of 1993Construction Regulations – Important lessons Jaco Swartz

  2. WHY LAWS? King Hammurabi, “Codex Hammurabi” Babylonia

  3. 1 % NEGLIGENCE

  4. REASONABLE MAN FORESEE TAKE STEPS Wilson vs Bird Construction 1963 (2) SA

  5. BASIC REQUIREMENTS Who is regarded as an Employer? “Any person who employs or provides work for any person and remunerates that person or expressly or tacitly undertakes to remunerate that person, or any person who has supervision. (ACOUNTABLE vs. RESPONSIBLE)

  6. Construction Regulations

  7. CONTRACTORS Section 37 Section 9 If an employee commits a violation, the employer is presumed to have committed the violation… Every employer shall conduct his undertaking in a manner as to ensure, as far as reasonably practicable, that persons other than those in his employment who may be directly affected by his activities are not exposed to hazards.

  8. 41. This Act not affected by agreements Subject to the provisions of sections 10 (4) and 37 (2), a provision of this Act or a condition specified in any notice or direction issued thereunder or subject to which exemption was granted to any person under section 40, shall not be affected by any condition of any agreement, whether such agreement was entered into before or after the commencement of this Act or before or after the imposition of any such condition, as the case may be.

  9. Client 4. (1) A client shall be responsible for the following in order to ensure compliance with the provisions of the Act: (a)to prepare a health and safety specifications for the construction work, and provide any principal contractor who is making a bid or appointed to perform construction work for the client with the same; (b)to promptly provide the principal contractor and his or her agent with any information which might affect the health and safety of any person at work carrying out construction work;

  10. Questions? Jaco Swartz Managing Director Legislative Compliance Specialists (Pty.) Ltd. 082 898 9463 011 679 3556 jacos@legalcs.co.za

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