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The Occupational Health and Safety Act 85, 1993 & Construction Regulations, 2003 and the implementation thereof has become the focal point of inspections done by the Department of Labour in recent times due to the frequency of incidents/accidents reported, and the obvious neglect by the business sector in our country as to the implementation thereof. (280.000 claims are submitted to the Compensation Commissioner annually)
The Department of Labour has adopted a policy of zero tolerance following the Lenasia fire where 11 lives were lost when workers were trapped in a factory full of flammable chemicals.
The OHS Act 85 of 1993 under Section 38 (1) entitled - Offences, penalties and special orders of court – states that any person, whether employer or employee found willfully contravening or negligent in the implementation of the Act shall be guilty of an offence and on conviction be liable of a fine not exceeding R50 000.00 or to imprisonment for a period not exceeding 1 year or to both such fine and such imprisonment. Should any employer be convicted for negligence as to the implementation of the Act where the death of an employee has occurred shall on conviction be liable to a fine not exceeding R100 000.00 or to imprisonment not exceeding 2 years or to both such fine and such imprisonment.
O.H.S.CON Services specialize in the full implementation of the OHS Act and are committed to keeping your company within the law at all times and being appointed as your Health and Safety Co-ordinaters will be present at any inspection by the Department of Labour to answer any queries relating to the Act.
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