Residential Estate Industry Journal | Page 85

INDUSTRY FOCUS PAGE 85 be said that a large percentage of estates are who pass near these activities or places of work. administered by very skilled managers employed From the above it is clear that an HOA is by the estate but this is irrelevant when the responsible for every person on their site, which Occupational Health & Safety Act is applicable. includes employees, contractors, sub-contractors, visitors and residents etc. Therefore it is important General duties of an employer in that this duty is looked at in detail to ensure terms of the Act compliance. One means of addressing this is by The Act divides the employer’s duties into two conducting health and safety induction to new categories: and existing employees. i) Section 8 - Duties of employers to their The content and focus of the induction will employees and be determined by the function the party will ii) Section 9 - Duties of employers to people who perform and the time they will spend on site are not their employees performing its function. Should the person be on site for a prolonged period, performing for Section 8(1) According to the Occupational Health instance construction work or a permanent and Safety Act, every employer must, where handyman, then the induction must be more in- reasonably practicable, provide and maintain a depth. The HOA should also ensure that the working environment that is safe and without risk contractor has a system of health and safety in to the health of his employees. line with that of the HOA’s requirements which It is important to remember that the contracted- is implemented and maintained. Should the party worker should be regarded as an employee in merely be on site for a meeting of two hours or terms of the Act. for ad-hoc maintenance work then the induction will be less detailed, but would still focus on Section 8(2) (b) states that the employer shall the procedures in the event of an emergency. take such steps as may be reasonably practicable HOA’s should be aware of other requirements in to eliminate or mitigate any hazard or potential terms of the Occupational Health & Safety Act hazards to the safety and health of employees. regarding incident and accident reporting and the Section 8(2) (e) states that the employer should good standing of contractors where workman’s provide information, instructions, training and compensation and its own technicalities are supervision as may be necessary to ensure the being dealt with as well as the Compensation for health and safety of its employees. Occupational and Diseases Act (COID Act). The primary responsibility for ensuring a safe In closing it must be emphasised that the implementation of the relevant requirements of the Act is not an expensive exercise and will save an employer much time and money if managed properly. and healthy work environment is placed on the CEO or person deemed to be the CEO of the organisation. (Section 1 defines “CEO”, in relation to a body corporate or an enterprise, means the person who is responsible for the overall management and control of the business of such body corporate Herman de Jager specialises in the legal compliance of the OHS Act with reference to or enterprise.) Homeowners Associations and Bodies Corporate. Section 9 can be summarised as the duties of Advocate Nic Botha and Herman de Jager employers who are not their employees, but who might be affected by their activities. This includes contractors, visitors and residents and neighbours are Health & Safety consultants at IQ Dome Management Systems www.iqdome.co.za