Tragic events occur frequently on different sites with multiple fatalities. People (husbands, brothers, sons, fathers) die and get mutilated. The list goes on. Traumatic experiences that change lives forever.
The sequence of events of a typical accident goes like this: The accident occurs and turmoil starts on site, especially where people are involved. Emergency personnel arrive. News is usually tragic. Management and Safety advisors brief site personnel and an accident investigation is conducted. The Department of Labour conducts its own investigation, asking to observe all documentation, checking dates and signatures going through site files, checking every risk assessment, induction register etc. A cause to the accident must be established.
People interviewed are still traumatized. Reality soon finds its way. A human life was lost today and the question remains whether everything possible was done to have prevented it. Reality: Should the same incident happen at your business the Department of Labour must conduct an investigation to ascertain a cause for the accident. Should your documentation not be according to standards you could be finding yourselve in a legal battle. The situation might be very serious and expensive. The Department of Labour must find what the cause of the accident was to prevent future tragedies.
The Occupational Health and Safety Act 86 of 1993 states two concepts that need to be understood in order to grasp the impact of a serious accident at a workplace. The OHS Act is the minimum standard with which an employer and employee needs to comply with.
Meaning that whatever is stated, as required by the OHS Act is the least needed to be addressed. The expectation by the OHS need to be understood: Minimum standard, is a working environment that is free from any exposure that can cause harm to people, property, products, processes and environment and is the minimum requirement by the OHS Act that must be complied with.
Secondly it needs to be understood that the OHS Act is self-regulatory; meaning that neither Government nor Department of Labour will implement day to day compliance with this Act as responsibility, implementation and enforcing of the Act is the employer's responsibility. The Act informs the Employer what is required by law.
Implementation and enforcement of the Act in work situations are the employer and employee's responsibility. With occurrence of an accident The Department of Labour will conduct an investigation to determine the adherence and implementation of the Act. The Employer must take vicarious liability, meaning, power and authority to enforce Safety measures in the work situation. The Department of Labour always look first to the Employer for accountability.
The Employer has been given the authority to prescribe deeds and action of the Employees and if failing to exercise this, responsibility will be the Employers. Mitigation, however, is offered by the OHS Act in Section 37. Should a deliberate violation occur the employee can be held liable. Thus is protection for the Employer available.