The longevity of a business is dependent on 3 things:

• Planning,
• Hard work, and
• Hoping that nothing goes wrong

It is only through proper planning that the direction of a company and the goals it wants to achieve is realized and to get there, requires dedication, hard work and sacrifice. Unfortunately most businesses leave the unknown up to chance, hoping nothing drastic occurs, and never really considering what impact a negative action can have on an enterprise. An area of the business that is most certainly capable of crippling a business is Occupational Health and Safety, or more specifically, the lack thereof.

In almost all incident cases, human error is the largest contributing factor and as long as an employee acted on behalf of the company when the incident occurred, it will be the company that bears the responsibility of their actions. The first recorded legislation ever noted relating to Health and Safety is a law that was past more than 3000 years ago in ancient Egypt. “The sins of the slave shall be visited upon the master” and meant that any action taken by an employee shall be as if the employer themselves executed that action. Today, not much has changed, we only refer to it now in legal terms as Vicarious Liability.

Legal compliance of the company ensures all operations are conducted within the parameters as set out by the Occupational Health and Safety Act No.85 of 1993 and all governing international, national and provincial bylaws. Although the OHSAct 85/1993 and its Regulations falls under the jurisdiction of criminal law, it should not be viewed as a law to punish the employer, but rather seen as a guide to assist the employer to govern themselves as well as their employees, thus ensuring the longevity of the company.

Being experienced first-hand with the daily requirements of operating various types of businesses, we understand how health and safety can be viewed as additional costs for no direct reward. Many employers feel it is a confusing labyrinth of legalities that frankly they don’t have the knowledge or time to properly implement.