Understanding occupational health and safety laws can be as precarious as the hazards they’re meant to protect from. Here are ten legal requirements you may not be aware of. 

1. Not only construction and manufacturing employees need medicals. In terms of common law, which is recognised in the Constitution, employers have a duty to look after the health and safety of employees. Though a salesperson, for example, is not exposed to the same risks as a skyscraper window cleaner, some risks still exist: Should this person be unfit, physically or psychologically, to drive long hours but is still required to do so, the employer could be liable should an accident occur. The costs of a medical are far less than an expensive lawsuit and a good way of protecting yourself from any legal liability. (Section 8 of the Occupational Health and Safety Act, no. 85 of 1993 [OHS])

2. Employers are not only liable for employees’ safety. All employers have a duty to provide a working environment that is, as far as reasonably possible, free of risk to the health and safety of employees. But they also have a duty to ensure that those affected by their business activities are not exposed to health and safety hazards. (Section 9 of the OHS)

3. Exit medicals aren’t only for departing employees. Besides the medicals required by law in dangerous workplaces, such as construction sites and workshops, there are three types of occupational medicals: pre-employment, annual, and exit medicals. Legally, a person moving from a non-hazardous to a hazardous department would need to undergo a pre-employment medical – even within the same company. An employee moving from a hazardous to a non-hazardous department would also require an exit medical. (OHS Hazardous Chemical Substances Regulation)

4. You can be held liable for years to come. Employees can claim for work-related illnesses up to 10 years after retirement, even if they didn’t show any symptoms upon leaving. For accidents, employees have 12 months to submit a claim. Conducting exit medicals on all employees to ensure they’re in good health are the only way to protect yourself from legal liability later on. (Sections 44 and 66 of the Compensation for Occupational Injuries and Diseases Act, no. 130 of 1993)

5. Noisy environments can be considered hazardous. Medical surveillance, which is used to detect negative effects in hazardous working environments, is required by law in instances where employees are exposed to lead, asbestos, certain chemicals and some biological agents – but also in noisy working environments. These medicals must be done from time to time to ensure that the environment does not cause any medical conditions or exacerbate existing ones. (OHS Noise-induced Hearing Loss Regulation)

6. Outsourcing employment doesn’t outsource your liability. Where a labour broker is used to source employees, it still remains the company’s duty to conduct medicals – even if the broker is the one paying the employee’s salary. (Section 1 of the Labour Relations Act, no.28 of 1956)

7. Medicals keep both employers and employees safe. Without medicals, it would be very difficult to disprove a claim from an employee. Employers can be found guilty and sentenced for anything that contravenes the Occupational Health and Safety Act, unless they can prove they took all reasonable steps to prevent it. Consulting with an occupational health practitioner is the best way to ensure you’re up to date in the ever-changing landscape of occupational health and safety regulations. (Section 42  of the OHS)

8. Employees can be held liable, too. Employees are also lawfully required to take reasonable care of their health and safety and that of other people who may be affected by what they do. Not obeying health and safety procedures laid down by your employer can leave you liable to be convicted and sentenced. (Section 15  of the OHS)

9. Information is key. Even if everyone in the company complies with all necessary regulations, by law a copy of your health and safety policy, signed by the chief executive officer, has to be prominently displayed in the workplace. (Section 13 of the OHS)

10. Informers save lives. If an unsafe or unhealthy situation comes to your attention, involving you or anyone else, you should report the situation to your employer or health and safety representative before your shift ends. Not doing so could make you liable, too. By law, informers may not be victimised for reporting an incident. (Section 26  of the OHS)