BMS HoldingsBusiness Made Safe

LEGAL & MANAGEMENT · CAPE TOWN

Legal Liability for Managers training

Under the OHS Act, health and safety isn't only the safety officer's problem. The CEO is responsible, and managers who are assigned duties under section 16(2) carry them personally. This course explains exactly what that means, and how to manage it so you're protected. We present this legal liability for managers training at your offices in Cape Town.

Manager and engineer shaking hands on a construction site
Delivery
On-site at your workplace

Who should attendCEOs, directors, managers and section 16(2) appointees

Know what you're accountable for

Section 16(1) of the OHS Act makes the chief executive officer responsible for making sure the employer's duties are properly done. Section 16(2) lets the CEO assign some of those duties to other managers. That assignment doesn't relieve the CEO of responsibility, but it does make the manager accountable for the duties in their area.

Many managers sign a 16(2) appointment without knowing what it commits them to. This course works through the South African legal system, the key terms in the Act and the sections that create liability. It then covers the systems a manager needs to show they've done what is reasonably practicable.

What delegates will be able to do

By the end of the course, managers can:

  • Explain how OHS law is applied in South African courts
  • Define key terms such as "reasonably practicable" and the reasonable-person test
  • Identify the sections of the OHS Act that create liability for responsible and accountable people
  • Set up the controls, responsibilities and standards their area needs
  • Measure and monitor compliance, and take corrective and preventive action
  • Recognise their duties under the General Safety and General Administrative Regulations
  • Understand their responsibilities for machinery, electrical safety and occupational health

Course modules

  1. The South African legal system: how the law is applied in South African courts
  2. Terminology: definitions, "reasonably practicable" and the reasonable-person test
  3. Sections of the OHS Act: the sections that create liability for responsible and accountable people
  4. OHS system requirements: identifying controls, setting responsibility, developing standards, measuring and monitoring, corrective and preventive action
  5. General requirements: specific liabilities under the General Safety Regulations and General Administrative Regulations
  6. Mechanical, electrical and health requirements: liabilities for machinery, electrical installations and occupational health, with a focus on the regulations under the OHS Act

Who should attend

CEOs, directors and owners, general and operations managers, and anyone who has signed or will sign a section 16(2) appointment. It's also valuable for HR and SHEQ managers who draft those appointments.

What delegates receive

Each delegate receives a certificate of completion for your training records.

FAQ

Legal liability questions

Can't see yours? Call us on 064 549 5312.

What is a section 16(2) appointment?

A section 16(2) appointment is a written assignment in which the CEO assigns some of the employer's OHS Act duties to another manager. The appointed manager becomes accountable for those duties in their area. Under section 16(3), the CEO is still not relieved of their own responsibility. The appointment should clearly state which duties and which area it covers.

Can a manager be held personally liable under the OHS Act?

Yes. The OHS Act places duties on people, not only on companies. A CEO, or a manager with assigned duties, who fails to carry them out can face criminal charges if there's an incident. Being able to show you did what was reasonably practicable, with evidence, is your best protection. This course explains how.

Does this replace the Introduction to the OHS Act course?

No. They overlap but have different audiences. Introduction to the OHS Act is a broad one-day overview for supervisors, committee members and practitioners. Legal Liability for Managers focuses on the personal accountability of directors and managers, and the systems that protect them.

Get in touch

Book Legal Liability for Managers training

This course works well as a closed session for your management team. Tell us how many managers will attend and your preferred dates.