- Title
- Legal liability under the occupational health and safety act 85 of 1993
- Creator
- de Lange,Charl
- Subject
- South Africa. -- Occupational Health and Safety Act, 1993
- Subject
- Industrial hygiene -- Law and legislation -- South Africa
- Subject
- Industrial safety -- Law and legislation -- South Africa
- Date Issued
- 2025-04
- Date
- 2025-04
- Type
- Master's theses
- Type
- text
- Identifier
- http://hdl.handle.net/10948/72082
- Identifier
- vital:79186
- Description
- South Africa’s legislation dealing with workplace safety is commonly known as the Occupational Health and Safety Act(OHSA).1 OHSA is a pivotal body of law with the aim of protecting workers by ensuring their health and safety.2 Despite the robust framework it provides, there exists a pressing need for further exploration into its provisions, particularly in complex area regarding criminal liability, vicarious liability, and the standards of care mandated for employers. This study seeks to address these areas, seeking to contribute to a more comprehensive understanding of the legislation and its implications for both employers and employees. The OHSA establishes a legal obligation for employers to ensure a safe working environment, with section 38 of the OHSA specifically detailing the criminal liabilities for actions or omissions that jeopardise workplace safety. Section 37 of the OHSA introduces the concept of vicarious liability, which holds employers accountable for the actions or omissions of their employees or independent contractors. Additionally, the Compensation for Occupational Injuries and Diseases Act (COIDA)3 through section 35 provides a statutory measure for claiming no-fault compensation, thereby limiting an employee’s right to institute a civil claim against an employer. The legal concept of liability within workplace safety encompasses several dimensions, including criminal liability, vicarious liability, and strict liability. Criminal liability under OHSA4 implies direct accountability for safety breaches, while vicarious liability extends responsibility to employers for their employees’ actions. Strict liability, although not explicitly detailed in OHSA,5 implies holding parties accountable regardless of fault, particularly relevant in the context of ensuring safe working conditions.
- Description
- Thesis (LLM) -- Faculty of Law, School of Mercantile Law, 2025
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (77 pages)
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
- Rights
- All Rights Reserved
- Rights
- Open Access
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- Visitors: 1
- Downloads: 0
Collections
NMU Department of Mercantile Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | DE LANGE, C.pdf | 768 KB | Adobe Acrobat PDF | View Details Download |