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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