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Lexis® Practical Guidance: Occupational Health & Safety

Why Lexis® Practical Guidance: Occupational Health & Safety?

Lexis® Practical Guidance Occupational Health & Safety is an online reference tool that makes complying with the extensive range of OHS laws easier. Users have convenient access to essential resources and practical advice that ensures that they stay up-to-date with the ever-changing legal environment and remain compliant with health and safety laws within the workplace.

Occupational health and safety laws apply to every workplace in the economy, and serve to regulate a large number of activities, facilities, machinery, equipment, substances and products in order to achieve a safe workplace.

The content for Lexis® Practical Guidance Occupational Health & Safety is written and regularly updated by a team of highly experienced, practicing professionals, ensuring users are referencing to up-to-date and need-to-know information at all times. This practice area covers the pertinent legislation and case law, and offers guidance notes and numerous helpful resources such as checklists, downloadable and customisable forms and precedents. Lexis® Practical Guidance Occupational Health and Safety is the ideal solution for safety and compliance officers, legal advisors and directors to ensure compliance at all times.

With Lexis® Practical Guidance: Occupational Health & Safety you get:


Convenient online access to:
  • More than 115 Guidance Notes within 36 Topics
  • 65 Forms, Precedents and Checklists – ensuring not a single step is missed
  • Legislation & Case Law – access to relevant cases at the click of a button
  • Practice Directives – know what the procedure is in different courts
  • Over 55 other Useful Resources such as flowcharts, external websites and additional readings

Guidance on each step taken in Income Occupational Health & Safety:
  • OHS law
    - Purpose and scope
    - Standards, policies and guidelines
  • General duties of employers and employees
  • Duties in respect of premises and specific hazards
  • Duties of manufacturers and suppliers
  • Incidents, investigations and inquiries
  • Managing OHS compliance
    Compensation for occupational injuries and diseases
    Legal proceedings and liability for non-compliance
    OHS in the construction and demolition sector.
    - General duties on construction sites
    - Construction hazards and risks
    - Managing OHS on construction sites

Guidance Notes

Useful reference material that offers direct access to relevant case law, legislation and commentary works, and practical know-how on specific areas within Occupational Health & Safety.
A few key guidance notes are outlined below. The full list can be viewed in the complete table of contents.


Victimisation and Protected Disclosures

This guidance note outlines what employers should do to ensure that employees are not victimised for acting in accordance with occupational health and safety legislation and what employees, who are victimised, should do. It offers guidance on:

  • What constitutes a protected disclosure in the health and safety environment
  • Assisting employees to make a protected disclosure
  • Remedies for being victimized at work
  • How to comply with the relevant legislation
  • The best practices when drafting pleadings like the application papers as well as with the replying affidavit

Resources include:

  • Relevant government gazettes and directives to assist
  • Contact details for the public protector and auditor general
  • Various case summaries to assist customer grappling with detailed and intricate cases

Specific Duties of Manufacturers and Suppliers

This guidance note explains what manufacturers and suppliers must do to comply with occupational health and safety legislation. It provides users with a precedent of a parenting plan and further discusses:

  • Duties of importers and suppliers of pressure equipment
  • Duties of suppliers to major hazard installations

Resources include:

  • Various Regulations
  • Guide to Completing Material Safety Data Sheets
  • Material safety data sheet

Practical Aids

Precedents, checklists and forms that can be used to offer advice confidently and execute tasks accurately.
A few key resources are listed below. The full list can be viewed in the complete table of contents.

  • Explanatory notes on the Major Hazard Installation Regulations
    - Explanations of what the intention of the author was with the Major Hazard Installation Regulations.
    - Issued by the Department of Labour.
    - Addresses the difference between the Major Hazard Installation Regulations and other similar regulations.
  • Steps to take to apply for increased compensation
    - Step-by-step guide to Section 56 of COIDA.
    - Details how an employee can apply for increased compensation.
    - Details which forms must be completed to claim for increased compensation.
    - The time frame within in which the application must be lodged.
  • Guide to completing material safety data sheets
    - Assists suppliers in the completion of relevant material safety data sheets.
    - Details information on the hazards of handling a chemical substance during transport, storage and processing.
    - Sets out regulatory requirements.
    - Contains international standards.
  • Various case summaries per topic
  • Noise-induced Hearing Loss Regulations
  • Material safety data sheet
  • General Safety Regulations checklist
  • How to register a fire protection association link
  • Steps involved in a lock out programme checklist
  • Various Codes of Practice for the different regulations
  • Example of appointment letter
  • Information to be included in stock record
  • Training programme curriculum checklist
  • Letter of designation
  • List of offences under the OHSA
  • List of offences where a person prevents another person tasked to perform a legal duty from performing the duty
  • List of construction appointments required
  • A collection of Department of Labour forms to assist in applications and claims relating to the Occupational
  • Health and Safety Act as well as the Compensation for Occupational Diseases Act.

Authors










Cormac Cullinan
Walter Anderson

BA (Hons) LLB (Natal) LLM (Environmental Law) (London)

Cormac Cullinan is a director of Cullinan & Associates Inc. and has many years of experience in advising on occupational health and safety law, representing clients in inquiries into accidents in the workplace, and drafting OHS-related contracts and documents. He regularly advises on the establishment and content of integrated occupational health and safety compliance management systems.


LLB (Unisa)

Walter Anderson is an associate at Cullinan and Associates Inc. and an attorney of the High Court of South Africa. Walter has extensive experience in health and safety legal compliance auditing for organisations from across all sectors including waste management, automotive manufacturing, film production, hotels, golf courses and aquariums. Walter is currently a consultant of the environmental governance consultancy, EnAct International, and is also reading for his LLM (specialising in environmental law).








Janah Miller
Sarah Kvalsvig

LLB (University Stellenbosch) (Dean's merit) Certificate in Competition Law (University of Witwatersrand) (Cum laude)

Janah Miller is a senior associate at Cullinan & Associates Inc. with more than seven years' experience. Janah's areas of practice are diverse, and include: Competition and Environmental Law, Occupational Health and Safety Law, Forestry, Pollution and Waste, Marine Living Resources and Municipal Law, to name a few. At Cullinan & Associates Inc., Janah assists in advising on occupational health and safety legislation, representing clients in inquiries into accidents in the workplace, and drafting OHS-related contracts and documents. Janah is also currently completing her LLM (specialising in environmental law) and is a consultant of the environmental governance consultancy, EnAct International.


BA LLB LLM (Environmental Law) (University of Natal, University of KwaZulu-Natal)

Sarah Kvalsvig has been an attorney for over 17 years and has practised in both London and South Africa. Sarah is now a director of Cullinan & Associates Inc. and has been a specialist environmental and health and safety lawyer since 2005, providing advice to both public and private sector clients. Sarah regularly advises on occupational health and safety law and has drafted numerous OHS-related contracts and documents. Sarah is also director at EnAct International and a member of the Environmental Law Association and the International Association of Impact Assessors.








Danjelle Midgley
Davide Bishop

BMus LLB LLM (Environmental Law) (UCT)

Danjelle Midgley is an associate at Cullinan and Associates Inc. and an attorney of the High Court of South Africa. Danielle is experienced in OHS-related auditing and in matters relating to legal compliance monitoring systems, administrative law, permitting systems in the biodiversity, waste and air quality sectors, as well as customary law and litigation. Danjelle is regularly involved in setting up integrated occupational health and safety compliance management systems for clients in a range of sectors.


Bcomm LLB (University of Stellenbosch) LLM (Environmental Law) (UCT)

Davide Bishop is an associate at Cullinan and Associates Inc. and an attorney of the High Court of South Africa. David has experience in advising on occupational health and safety legislation, conducting OHS audits, preparing OHS legal registers and reports and setting up integrated occupational health and safety compliance management system for clients in a range of sectors.


Time is scarce and the law is ever changing. Keeping pace with the shifts is a job unto itself but, chances are, it is not your only job. 

Curated by top South African legal experts, LexisNexis® Practical Guidance™ helps you navigate dynamic legal terrain by delivering practical aids for your everyday concerns in one convenient platform .

It saves you time and energy so you can focus on the expertise that only you have.


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