Health and Safety in the Workplace

Cliffe Dekker Hofmeyr's Workplace Health and Safety team delivers clear and precise legal advice and skilled representation tailored to the individual situation of clients in the industrial, construction and mining sectors in particular and generally to the requirements of a wide range of industries. We can help you manage all workplace health and safety issues ranging from risk management and training, to dispute resolution and representation.

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Mining Health and Safety

The Mine Health and Safety Act, 1996 is a vital piece of legislation. The Act aims to protect and promote the health and safety of employees and persons who may be affected by the activities at a mine and outlines both the rights and responsibilities of an employer, as well as the obligations of employees working thereat.

Our Environmental Law practice undertakes the health and safety compliance component in all due diligences and legal compliance reviews done by the firm.

We also assist clients in reporting safety incidents to ensure legal compliance and to avoid self incrimination.

We have also developed online compliance tools that assist clients in ensuring health and safety.

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Our services

• Advising on all aspects of mine health and safety issues, including the interpretation and implementation, and compliance advice regarding the Mine Health and Safety Act, 1996 and the relevant amendments and regulations

• Advising on all aspects of the Occupational Diseases in Mines and Works Act, 1973, particularly the employer's liability for damages as a result of compensatable injuries and diseases

• Drafting letters of appointment covering statutory appointments

• Assessing existing policies to ensure compliance with all aspects of mine and health legislation and the regulations

• Providing legal representation at mine health and safety investigations, inquiries, compliance audits and legal proceedings

• Assisting with appeals against administrative fines imposed by the Principal Inspector

• Reviews and appeals in respect of closure of a mine shaft

• Assisting in conducting the necessary and appropriate staff training and employee education to ensure a safe working environment and prevent health and safety accidents from occurring

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Occupational Health and Safety

The Occupational Health and Safety Act, 1993 (OHSA) provides a legislative framework for the provision of reasonably healthy and safe conditions in the workplace. It also places extensive legal duties on employees and users of machinery and makes major inroads on employers' and employees' common law rights.

OHSA contains provisions that impose general obligations with regard to health and safety. Far more detailed and specific obligations can be found in the regulations published in terms of OHSA. These include environmental, general safety, electrical machinery, driven machinery, electrical installation, construction, asbestos, hazardous chemicals substances and noise.

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Our services

• Advising on all aspects of occupational health and safety and compensation for occupational injuries and diseases

• dvising on interpretation, implementation and compliance relating to OHSA; the Compensation for Occupational Injuries and Diseases Act, 1993 (COIDA)

• Drafting legally complaint health and safety policies

• Assessing existing company policies against legislated obligations

• Conducting workplace health and safety audits

• Assistance in developing health and safety standards in the workplace

• Advising on the prevention of claims by independent contractors

• Providing legal representation at occupational health and safety investigations, inquiries, inquests, compliance audits, legal proceedings

• Assisting in conducting appropriate employee training to ensure a safe working environment and to prevent occupational health and safety incidents

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Key contacts

Terry Winstanley
Director National Practice Head: Environmental

Fiona Leppan
Director Employment

Pieter Conradie
Director National Practice Head: Dispute Resolution: Litigation, Arbitration and Mediation

Meet the Team

Publications

• Employment brochure
• Newsletters

Related services

• Employee Benefits
• Employment