LEGAL COMPLIANCE
Company HSE Compliance & Accountability Audits
Legal Compliance Training Courses
Legal Compliance
Process of identifying, assessing and mitigating potential losses that may arise from an organization's noncompliance with laws, regulations, standards, and both internal and external policies and procedures.
Why Legal Compliance?
Legal compliance does not only mean compliance to the Occupational Health and Safety or Mine Health and Safety Act. There are various legislation impacting on a business which should be taken into consideration when conducting a Legal Compliance Audit or compiling a Legal Register on Occupational Health, Safety and Environment.
National, Provincial and Local Municipality By-Laws should also be considered.
ISO 14001:2015 as well as ISO 45001:2018 Cause 9.1.1 & 9.1.2: The first part of this sub-clause requires the company to have a procedure to periodically evaluate its compliance with applicable legal requirements as previously defined per paragraph 6.1.3. The company will need to keep records of these periodic evaluations.
The second part of this sub-clause similarly requires an evaluation for compliance with other requirements and a procedure to evaluate compliance can include both legal requirements and other requirements.
What We Offer:
Legal Compliance Audits
Design and Maintain Legal Registers
Legal Training
Implementation of Legal Requirements
Limited Scope Audits on:
Permits
Appointments
Licenses
Mandatory Codes of Practice
Exemptions and Permissions
Company HSE Compliance and Accountability Audits:
This entails conducting a comprehensive evaluation of the current system in place against current requirements and/or new or revised criteria for the system, either as a result of Standards, Legislation or external parties’ expectations and requirements.
For the Legal Compliance audit,
focus will be on the following legislation, but not limited to:
Health & Safety:
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Occupational Health and Safety Act, 85 of 1993, and associated Regulations
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Mine Health and Safety Act, 29 of 1996, and associated Regulations
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Machinery & Occupational Safety Act No 6 of 1983
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Explosive Act No 15 of 2003
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Hazardous Chemical Substance Act No 15 of 1973
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Compensation for Occupational Injuries & Diseases Act No 130 of 1993
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Arms & Ammunition Act No 57 of 1969
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Firearms Control Act No 60 of 2000
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Fire Brigade Services Act No 99 of 1987
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Health Professions Act No 56 of 1974
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National Building Regulations & Buildings Standard Act No 103 of 1977
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Tobacco Products Control Act, 83 of 1993
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National Road Traffic Act No 93 of 1996
Employee Relations:
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Basic Conditions of Employment Act, 75 of 1997
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Employment Equity Act No 55 of 1998
Environmental:
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National Environmental Management Act, 107 of 1998
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Atmospheric Pollution Prevention Act, 45 of 1965
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Environmental Conservation Act No 73 of 1989
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National Water Act, 36 of 1998
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Water Services Act, 108 of 1997
Competency:
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National Qualification Framework Act No 67 of 2000
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South African Qualifications Act No 58 of 1995
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Standards Act No 8 of 2008
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Engineering Professions Act No 46 of 2000
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Accreditation for Conformity Assessment, Calibration & Good Laboratory Practice Act No 19 of 2006
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National Regulator for Compulsory Specifications Act No 5 of 2008
General:
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Municipal By-laws
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SANS Standards included in the OHSA and
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Regulations, examples include SANS 151, SANS 347,if applicable.
Legal Liability Training
The intent of this Legal Liability course is to promote awareness and understanding of legal responsibilities and possible liability in order to ensure full compliance with legislation by the organization and employees. Legal compliance is important due to the legal liability exposure that rests upon management and their obligation to comply with all legal statutory and common law provisions that govern their operations.
It is obviously in the interest of the employer to apply visible, felt leadership and to ensure that any message that cascades down to worker level is the correct message and understood by everyone. The employer therefore has to be in total control of his/her systems and must ensure that nothing is left to chance.
There will always be risks related to Health, Safety and the Environment at the workplace and legislation recognizes this. It, however, expects of every Employer to comply with legislation and to do all that they can to minimize the chance of an accident, incident or impacts occurring. In short, it expects of the employer to act like a reasonable person in a reasonably practicable manner.
Objectives:
Provide a holistic picture of the Health and Safety issues that would constitute “compliance“.
Provide an understanding of the aims of the relevant Health and Safety Legislation.
Outcomes:
To familiarize delegated with the health and safety legal obligations of the Act and the Regulations. Time will be spend on interpreting legislation and case law will be used to explain the implication of non-compliance. The facilitator will create a practical understanding on the legal compliance aspects and the possible legal liability exposures.
Course Content:
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Overview of Legal Requirement as per the Occupational Health and Safety Act 85 of 1993 and/or the Mine Health and Safety Act 29 of 1996
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Civil, Criminal and Vicarious Liability
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Duties of the Employer
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Duties of the Employee
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Manufacturers Requirements
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H&S Representatives and Committee
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DOL / DMR Inspectorate
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Incident/Accident Reporting and Investigation
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Penalties and Offences
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Overview of Regulations
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Environmental Legal Requirements
Who Should Attend?
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CEO, Managing Directors, Managers, Supervisors
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Health and Safety Managers, Safety Officers
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SHEQ/SHERQ Managers, Engineers
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Line Managers – Foreman, Superintendents and Supervisors
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Contractors and health & safety representatives
Duration: 1 Day
Venue: Client Premises
Time: 8:00 for 8:30 till 15:00
Cost: Contact us for quote!