THE OCCUPATIONAL HEALTH AND SAFETY ACT: THE HIDDEN LEGAL RISKS IN ENGAGING WITH THIRD PARTIES. Kate Collier Partner Webber Wentzel
|
|
- Sheila Long
- 5 years ago
- Views:
Transcription
1 THE OCCUPATIONAL HEALTH AND SAFETY ACT: THE HIDDEN LEGAL RISKS IN ENGAGING WITH THIRD PARTIES Kate Collier Partner Webber Wentzel May 2015 Webber Wentzel 2014
2 Legal risk exposure in terms of the ohsa Managing legal risk exposure in terms of the OHSA is an important business imperative for a number of reasons including: the risk of criminal sanction; reputational risk; the need to follow principles of good corporate governance; risk to business in the event of prohibition notices; and increased costs and lower production associated with unsafe workplaces, high incident rates and absenteeism. Focus is often (and probably correctly) on ensuring compliance with the OHSA within an organisation, its people, its places. There are legal risks in terms of OHSA compliance in engaging with, or operating near, third parties which should be considered in the implementation of compliance strategies, risk management protocols and legal risk management systems: "non-employees" section 9 of the OHSA; "users" especially in the context of hiring plant and machinery ; suppliers, manufacturers, designers etc; lessors of buildings ; and mandataries. 2
3 managing risks to "non - employees" - section 9 ohsa "Every employer shall conduct his undertaking in such a manner as to ensure, as far as reasonably practicable, that persons other than those in his employment who may be directly affected by his activities are not thereby exposed to hazards to their health or safety". Who is deemed to be "in employment"? persons to whom work is given and payment made; and persons working under direct supervision of an employer important inclusion given the exclusion of Labour Brokers from the definition of "Employer". This means that practically, for purposes of occupational health and safety, persons engaged through the services of a labour broker are deemed as employees. Who are "persons other than in his employment"? Other employers' employees contractor personnel for example; Consultants / visitors ; and Neighbours and the public who may be affected by the undertaking (the work being performed). This distinction is important from a legal perspective determines what obligations an employer owes to whom. Inclusion in risk assessment process and ensure implementation of adequate controls. Reasonably practicable measures. If there is a breach exposure to criminal sanction under OHSA, civil risk also exists. 3
4 being a "user" and hidden legal risks A "user" in relation to plant or machinery means "the person who uses plant or machinery for his own benefit or who has the right of control over the use of plant or machinery, but does not include a lessor of, or any person employed in connection with, that plant or machinery" : interpretation based on underlying intent? is it clear which party would then be responsible in the event of an incident? is it clear who the user actually is? General view?: this does not blur any employment lines and the lessor remains responsible for compliance with the OHSA in respect of his own employees but that the lessee (who is the user: benefit and control over the use of the machine? ) must discharge the regulatory obligations. Case law doesn t necessarily (currently) reflect this view. Interpreted in the context of a delictual claim for damages and possibly not, in my view, with a view to the underlying intentions of the OHSA and how these arrangements practically work: Castle Crane Hire v B&E Quarries 1999 case in South Eastern Cape Local Division High Court where a lessor of equipment (a crane in this case) provides an operator to operate his machinery, he (the lessor) is the user; cannot expect lessees to know about machinery leased from specialists question of "control over operator": referred to the judgment in RH Johnson Crane Hire v Grotto Steel Construction (1992); 4
5 being a "user" and hidden legal risks In RH Johnson Crane Hire v Grotto Steel Construction (1992) the court held that: "in the case of a skilled worker, such as a crane driver, who is hired out with his crane, it is not easy to prove that the control over the manner in which he operates his crane has been transferred to the hirer of the crane".» although the lessee controlled the operation by giving instructions to the operator he does not have the right to control the manner in which the operator controls the machine.» The court held that this may be different if "in the contract entered into between the parties the power of supervision over the manner in which the servant does his work is transferred from the master (i.e the general employer of the operator) to the hirer".» However, the contract in Castle Crane Hire said that the lessee had "sole and absolute control". The Court however stated that: the operator had a duty to his "general employer" to ensure that the crane was operated properly and that the "temporary employer", although he had full control over operator in the sense of being able to instruct him did not have the right of control over the manner in which the work was performed; in this case the supervisor was qualified but "this will not always be the case" (which seems to go against a "case by case" determination); and the lessee cannot be liable for the negligence of the operator even though the contract gives the lessee "sole and absolute control".» Importantly for purposes of the OHSA who must then ensure that all necessary safety measures have been implemented in respect of machinery? 5 the lessor argued that the lessee was the "user" and therefore had to ensure compliance with the OHSA. However, the court, while accepting that the lessee uses the equipment for its own benefit, rules that where the operator is also supplied, the lessor is included as a user;
6 being a "user" and hidden legal risks It seems the courts believe that "control over the use" means the same thing as "control over the manner equipment is operated"; Seems that even where a contract provides for "sole and absolute control" the courts do not believe that this can be practically effected if the operator is employed by the lessor; Seems that the courts believe that the "user" may "include" parties does this mean that both entities are the user? Does this mean that the "user" may change depending on circumstances of each case? What this DOES mean is: there may be a level of uncertainty as to who the user is. there may be an interpretation that the hired operator becomes a "temporary employee" although this complicates the application of the judgment even further given the reason for the "control" ruling is that the operator was the lessor's employee. the manner in which supervision is arranged and by whom such supervision is provided must be carefully considered. standard "t&c's" may no longer assist in regulating these contracts each scenario may require careful consideration. the lessor may remain legally exposed for the use of equipment despite not having control over the machinery while at a site or over the instructions given for its use. 6
7 Legally limiting liability - undertakings as contemplated in the ohsa Section 10: duties of manufacturers, designers, importers, sellers, suppliers or articles or substances for use at work have additional obligations in respect of the article or substance supplied: ensure that it is safe and without risks to health when properly used; if erected or installed, that nothing about the manner in which this is done renders it unsafe or creates a risk to health when properly used; and substances provision of information. The OHSA includes the ability of manufacturers, designers, importers, sellers, suppliers or articles or substances for use at work to limit liability and relieve them of the duties imposed by section 10. Not used as often or as effectively as it could be: the purchaser to provide the "supplier" with an undertaking in writing that specified steps will be taken, sufficient to ensure that as far as reasonably practicable the "item" will comply with all requirements and be safe and without risk to health when properly used; the undertaking "shall have the effect of relieving the first mentioned person from the duty imposed upon him by this section to such an extent as may be reasonably having regard to the terms of the undertaking". The steps set out are therefore important as may remain responsible if any aspects omitted. Leasing of buildings lessor is not the employer therefore not necessarily obliged to provide a safe workplace (although would have commercial obligation to assist lessee in providing such a safe workplace): 7 Electrical Installation Regulations "the user or lessor of an electrical installation shall be responsible for the safety, use, maintenance of the electrical installation he or she uses or leases" however: "where there is a written undertaking between a user or lessor and a lessee whereby the responsibility for an electrical installation has been transferred to the lessee, the lessee shall be responsible for that installation as if he or she were the user or the lessor".
8 Engaging with mandataries An employer may be held vicariously criminally liable for the acts or omissions of its own employees: Whenever an employee does or omits to do any act which it would be an offence in terms of this Act for the employer of such employee or a user to do or omit to do, then, unless it is proved that- in doing or omitting to do that act the employee was acting without the connivance or permission of the employer or any such user; it was not under any condition or in any circumstance within the scope of the authority of the employee to do or omit to do an act, whether lawful or unlawful, of the character of the act or omission charged; and all reasonable steps were taken by the employer or any such user to prevent any act or omission of the kind in question. the employer or any such user himself shall be presumed to have done or omitted to do that act, and shall be liable to be convicted and sentenced in respect thereof; and the fact that he issued instructions forbidding any act or omission of the kind in question shall not, in itself, be accepted as sufficient proof that he took all reasonable steps to prevent the act or omission. 8
9 engaging with mandataries Any such charges can of course be defended, but any such defence will be based on a) proving the specific aspects as listed in section 37(1) OHSA and b) demonstrating that the employer had complied with all of its duties. An employer may also be held criminally vicariously liable for the acts or omissions of the employees of any of its Mandataries. However, this risk can be managed in far more concrete terms than in respect of an employer's own employees. The provisions of section 37(1) shall mutatis mutandis apply in the case of a Mandatary of any employer or user, except if the parties have agreed in writing to the arrangements and procedures between them to ensure compliance by the Mandatary with the provisions of this Act. The important considerations in this regard are ensuring that the agreement meeting the legal requirements of "agreed arrangements and procedures". Common errors: "construction focused"; set of rules handed over; signed by unauthorized persons / individuals rather than on behalf of the mandatary; and not being aware of when a company is a mandatary - NB labour brokers are NOT mandataries and personnel so engaged are deemed as employees. 9
10 conclusion Employees and organisation key and primary focus. Engagements with third parties also need to be managed as part of the health and safety management process and not only as a commercial arrangement: contracts to reflect the requirements of the OHSA and to take into account the practical considerations of the regulator and the courts; use undertakings and agreements to limit liability as much as possible; and ensure agreements are properly worded and considered too often "health and safety documents" are left to be handled "at shop floor level" when the legal implications require greater corporate and legal input. 10
11 Kate Collier
12 JOHANNESBURG CAPE TOWN 10, 16 & 18 Fricker Road, 15 th Floor, Convention Tower Illovo Boulevard, Heerengracht, Foreshore Johannesburg, 2196, South Africa Cape Town, 8001, South Africa T T Legal Notice: these materials are for training purposes only and do not constitute legal or other professional advice
OCCUPATIONAL HEALTH AND SAFETY ACT NO 85 OF 1993
REVISION No.: 0 Page 1 of 23 OCCUPATIONAL HEALTH AND SAFETY ACT NO 85 OF 1993 CONTENTS CLICK ON PAGE NUMBER TO GO TO SECTION OR REGULATION AND USE WEB TOOLBAR TO NAVIGATE Pre-amble 3 Section 7 3 Section
More informationAuthor & Presenter: Deon Louw Pr.Eng. BSc.Eng. Deputy Director: Infrastructure & Planning Electricity Services
1 SWITCHING OFF DANGEROUS ELECTRICITY CIRCUITRY IN TERMS OF THE OCCUPATIONAL HEALTH AND SAFETY ACT (OHSA) VS CONSTRAINTS OF SWITCHING OFF SERVICES IN TERMS OF THE PROMOTION OF ADMINISTRATIVE JUSTICE ACT
More information(11 November 1996 to date) OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993
(11 November 1996 to date) [This is the current version and applies as from 11 November 1996, i.e. the date of commencement of the Labour Relations Act 66 of 1995 to date] OCCUPATIONAL HEALTH AND SAFETY
More informationOCCUPATIONAL HEALTH AND SAFETY ACT NO. 85 OF 1993
OCCUPATIONAL HEALTH AND SAFETY ACT NO. 85 OF 1993 [View Regulation] [ASSENTED TO 23 JUNE, 1993] [DATE OF COMMENCEMENT: 1 JANUARY, 1994] (Unless otherwise indicated) (English text signed by the State President)
More informationHealth and Safety at Work etc Act 1974
Health and Safety at Work etc Act 1974 Page 1 1 of 102 DOCUMENTS: UK Legislation (Health and Safety)/UK Parliament Statutes/Health and Safety at Work etc Act 1974 (1974 c 37) TOPIC SEARCH CATEGORIES: Legal
More informationCERTIFICATE OF COMPETENCY, REGULATIONS CONCERNING THE (GN R533 in GG of 16 March 1990)
OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993 [ASSENTED TO 23 JUNE 1993] [DATE OF COMMENCEMENT: 1 JANUARY 1994] (except s. 1 (3) (b): to be proclaimed) (English text signed by the State President) as amended
More informationOHS Prosecutions under the Work Health and Safety Act
OHS Prosecutions under the Work Health and Safety Act A better deal for NSW employers? SYDNEY LAW SCHOOL Belinda Reeve, PhD Candidate Relevant aspects of OHS law How will the model law change the use of
More informationThe Swedish Radiation Protection Act (1988:220) Amendments up to SFS 2004:456 are inserted.
Unofficial Translation The Swedish Radiation Protection Act (1988:220) Amendments up to SFS 2004:456 are inserted. Parliament has issued the following: Introductory provisions 1 The purpose of this Act
More informationNew South Wales. OCCUPATIONAL HEALTH AND SAFETY ACT 1983 No 20. Justices Legislation Amendment (Appeals) Act 1998 No 137
New South Wales OCCUPATIONAL HEALTH AND SAFETY ACT 1983 No 20 CURRENT AS AT 3 JULY 2000 COVER SHEET (ONLY) MODIFIED 24 AUGUST 2001 INCLUDES AMENDMENTS (SINCE REPRINT No 6 OF 20.1.1999) BY: Justices Legislation
More informationHealth and Safety at Work, Etc. Act 1974
Health and Safety at Work, Etc. Act 1974 Introduction Prior to 1974, health and safety legislation was reactive. It was enacted in response to problems in particular industries, or particular premises
More informationHealth and Safety in Employment Act 1992
Health and Safety in Employment Act 1992 An Act to reform the law relating to the health and safety of employees, and other people at work or affected by the work of other people BE IT ENACTED by the Parliament
More informationOccupational Health and Safety Act
Occupational Health and Safety Act CHAPTER 7 OF THE ACTS OF 1996 as amended by 2000, c. 28, ss. 86, 87; 2004, c. 6, s. 24; 2007, c. 14, s. 7; 2009, c. 24; 2010, c. 37, ss. 117-126; 2010, c. 66; 2011, c.
More informationOCCUPATIONAL SAFETY AND HEALTH ACT (Act No.9 of 2001) MSWATI III King of Swaziland AN ACT. Entitled
PART B OCCUPATIONAL SAFETY AND HEALTH ACT 2001 (Act No.9 of 2001) I ASSENT ` MSWATI III King of Swaziland 23 RD AUGUST 2001 AN ACT Entitled An Act to provide for the safety and health of persons at work
More informationHEALTH AND SAFETY IN EMPLOYMENT ACT 1992
HEALTH AND SAFETY IN EMPLOYMENT ACT 1992 This version of the Health and Safety in Employment Act includes all amendments and the 2001 Amendment Bill. All additions proposed by the Amendment Bill are shown
More informationPart VI INVESTIGATIONS, INQUIRIES AND REPORTING OF ACCIDENTS, DANGEROUS OCCURRENCES AND OCCUPATIONAL DISEASES
1 of 51 08/06/2012 10:09 Workplace Safety and Health Act (CHAPTER 354A) Long Title Part I PRELIMINARY 1 Short title 2 Application of Act 3 Application of Act to Government Part II INTERPRETATION 4 General
More informationLAWS OF SOLOMON ISLANDS CHAPTER 74 SAFETY AT WORK ARRANGEMENT OF SECTIONS PART I INTRODUCTORY PART II GENERAL DUTIES
1996 Edition] LAWS OF SOLOMON ISLANDS CHAPTER 74 SAFETY AT WORK ARRANGEMENT OF SECTIONS PART I INTRODUCTORY SECTION 1. SHORT TITLE 2. MEANING OF "EMPLOYER" AND "EMPLOYEE" 3. MEANING OF "WORKPLACE" PART
More informationSafety & Risk Management
Safety & Risk Management (B) Construction Safety Law http://www.mom.gov.sg/legislation/ occupational-safetyhealth/pages/default.aspx ACTS Work Injury Compensation Act (WICA) Workplace Safety and Health
More informationWork Health and Safety Act 2011 No 10
New South Wales Work Health and Safety Act 2011 No 10 Contents Part 1 Preliminary Page Division 1 Introduction 1 Name of Act 2 2 Commencement 2 Division 2 Object 3 Object 2 Division 3 Interpretation Subdivision
More informationLiability under the Workplace Health and Safety Act 1995: Select issues for Management
Liability under the Workplace Health and Safety Act 1995: Select issues for Management Kristy Richardson School of Commerce and Marketing, Faculty of Business and Informatics, Central Queensland University,
More information`Occupier' in the Factories Act
`Occupier' in the Factories Act THE following are the duties, obligations and responsibilities of an occupier: Notice by occupier (Sec. 7): The occupier shall, at least 15 days before he begins to occupy
More informationACT. (Afrikaans text signed by the State President) (Assented to 1 June 1976) ARRANGEMENT OF SECTIONS
(RSA GG 5150) brought into force in South Africa and South West Africa on 1 April 1977 by RSA Proc. 60 of 1977 (RSA GG 5485) (see section 19 of Act) APPLICABILITY TO SOUTH WEST AFRICA: Section 23 states
More informationDEPARTMENT OF LABOUR. Government Notice. R: October Electrical Installation Regulations, 1992
DEPARTMENT OF LABOUR Government Notice. R: 2920 23 October 1992 Electrical Installation Regulations, 1992 The Minister of Manpower has, under section 35 of the Machinery and Occupational Safety Act, 1983
More information2018 OHS Act Post Implementation Update Presentation to Alberta Association for Safety Partnerships AGM & Conference September 2018
2018 OHS Act Post Implementation Update Presentation to Alberta Association for Safety Partnerships AGM & Conference September 2018 Key Concepts in Canadian OHS Law Internal responsibility Everyone in
More informationChapter II, Book III, Code Civil Of Intentional and Unintentional Wrongs
Chapter II, Book III, Code Civil Of Intentional and Unintentional Wrongs Art. 1382 (now Art. 1240) Any act whatever of man, which causes damage to another, obliges the one by whose fault it occurred, to
More informationHEALTH AND SAFETY AT WORK (JERSEY) LAW 1989
HEALTH AND SAFETY AT WORK (JERSEY) LAW 1989 Revised Edition Showing the law as at 1 January 2015 This is a revised edition of the law Health and Safety at Work (Jersey) Law 1989 Arrangement HEALTH AND
More informationHealth and Safety at Work etc Act (Elizabeth II Chapter 37)
Page 1 of 79 Health and Safety at Work etc Act 1974. (Elizabeth II 1974. Chapter 37) 1974 CHAPTER 37 An Act to make further provision for securing the health, safety and welfare of persons at work, for
More informationMERCHANT SHIPPING SAFETY
MERCHANT SHIPPING SAFETY Merchant Shipping (Health and SafetyGeneral Duties) Regulations 1984 *160 [The Minister] in exercise of powers conferred on him by [section 187 of the Merchant Shipping Act 161
More informationMINING (SAFETY) ACT 2006 DRAFT 26/04/06
MINING (SAFETY) ACT 2006 2 CONTENTS PART 1 PRELIMINARY... 2 1. Short title... 2 2. Commencement... 2 3. Compliance with Constitutional requirements, etc.... 2 4. Objects... 2 5. Interpretation... 3 6.
More informationTHE DANGEROUS MACHINES (REGULATION) ACT, 1983 ARRANGEMENT OF SECTIONS
SECTIONS THE DANGEROUS MACHINES (REGULATION) ACT, 1983 1. Short title, extent and commencement. ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY 2. Declaration as to expediency of control by Union. 3. Definitions.
More informationCoal Mining Safety and Health Act 1999
Queensland Coal Mining Safety and Health Act 1999 Reprinted as in force on 14 December 2007 Reprint No. 2B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning This reprint
More informationPARTICULARS OF CLAIM - HOLIDAY CASE
Client Ref. No. PARTICULARS OF CLAIM - HOLIDAY CASE 2001 Please use the Notes for Guidance when completing this form. IN THE Claim No. Note 1. Note 2. Note 3. Between Claimant AND Defendant Note 4. 1.
More informationTechnology Teachers Safety & Responsibilities
Technology Teachers Safety & Responsibilities http://teachertube.com/viewvideo.php?video_id=144518&title=shop_safety_video Luc Ouellet Technology Teacher Safety in Technology Education Programs Is an issue
More informationWork Health and Safety Act 2011 No 10
New South Wales Work Health and Safety Act 2011 No 10 Status information Currency of version Current version for 1 January 2014 to date (generated 17 October 2014 at 13:12). Legislation on the NSW legislation
More informationQuébec Superior Court finds breach of OHSA can support committal to trial on manslaughter charge under Criminal Code
Québec Superior Court finds breach of OHSA can support committal to trial on manslaughter charge under Criminal Code Date : November 23, 2016 The Québec Superior Court has just released (October 31) a
More informationWorking at Height Seminar. The Kube, Leicester Racecourse 4 October 2018
Working at Height Seminar The Kube, Leicester Racecourse 4 October 2018 Introduction Keoghs National defendant-focused, top 100 law firm, acting for leading insurers, businesses and suppliers to the insurance
More informationChapter 7 FIRE PREVENTION AND PROTECTION*
Adopted by City Council 5/5/08 Chapter 7 FIRE PREVENTION AND PROTECTION* Article I - In General (Reserved) Sect. 7-1 to 15 Reserved Article II Fire Prevention and Life Safety Sec. 7-16. NFPA 1 Uniform
More informationInquiry into Work Health and Safety (Industrial Manslaughter) Amendment Bill 2015
Australian Industry Group Inquiry into Work Health and Safety (Industrial Manslaughter) Amendment Bill 2015 Submission to Parliament of South Australia Parliamentary Committee on Occupational Safety, Rehabilitation
More informationOccupational Health and Safety Amendment Bill 2011
First print New South Wales Occupational Health and Safety Amendment Bill 0 Explanatory note This explanatory note relates to this Bill as introduced into Parliament. This Bill is cognate with the Work
More informationCITY OF MUSKEGO CHAPTER 15 - ELECTRICAL CODE (Ord. # )
CITY OF MUSKEGO CHAPTER 15 - ELECTRICAL CODE (Ord. #935-07-03-97) 15.01 OBJECT AND PURPOSE... 1 15.02 SCOPE... 1 15.021 APPLICABILITY... 1 15.025 CODE ADOPTED... 2 15.03 ENFORCEMENT... 2 15.04 INTERPRETATIONS...
More informationOCCUPATIONAL HEALTH AND SAFETY ACT, 1993 ELECTRICAL INSTALLATION REGULATIONS SCHEDULE
STAATSKOERANT, 6 MAART 2009 NO.31975 3 GOVERNMENT NOTICES DEPARTMENT OF LABOUR No. R. 242 6 March 2009 OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 ELECTRICAL INSTALLATION REGULATIONS The Minister of Labour
More informationDangerous Goods Safety Management Act 2001
Queensland Dangerous Goods Safety Management Act 2001 Reprinted as in force on 18 December 2009 Reprint No. 3 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning This
More informationas amended by ACT To provide for the control of prices and other incidental matters.
(RSA GG 750) brought into force in South Africa and South West Africa on 2 October 1964 by RSA Proc. R.255/1964 (RSA GG 911) (section 21 of original Act) APPLICATION OF ACT TO SOUTH WEST AFRICA: Section
More informationPART ONE: THE INSPECTION SERVICE
LABOUR IINSPECTIION ((ORGANIISATIION)) LAW,, 5714--1954 PART ONE: THE INSPECTION SERVICE Establishment and functions of Inspection Service. 1. There shall be established a Labour Inspection Service (hereinafter:
More informationC170 Chemicals Convention, 1990
Page 1 of 11 C170 Chemicals Convention, 1990 Convention concerning Safety in the use of Chemicals at Work (Note: Date of coming into force: 04:11:1993.) Convention:C170 Place:Geneva Session of the Conference:77
More informationINDUSTRIAL SAFETY AND HEALTH ACT Act No. 4220, Jan. 13, 1990
INDUSTRIAL SAFETY AND HEALTH ACT Act No. 4220, Jan. 13, 1990 Amended by Act No. 4622, Dec. 27, 1993 Act No. 4826, Dec. 22, 1994 Act No. 4916, Jan. 5, 1995 Act No. 5248, Dec. 31, 1996 Act No. 5453, Dec.
More informationOCCUPATIONAL HEALTH AND SAFETY ACT
Province of Alberta OCCUPATIONAL HEALTH AND SAFETY ACT Revised Statutes of Alberta 2000 Current as of October 1, 2013 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5
More informationLegal Obligations in Construction Contracts Concluded by Employers Operating in Egypt
Legal Obligations in Construction Contracts Concluded by Employers Operating in Egypt Copyright 2015, L&E Global We set out below important legal information that applies to all companies and entities
More informationRADIATION PROTECTION ACT
LAWS OF KENYA RADIATION PROTECTION ACT CHAPTER 243 Revised Edition 2014 [2012] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2014]
More informationPosted Workers Act (1146/1999; amendments up to 679/2015 included; repealed by 447/2016)
Translation from Finnish Legally binding only in Finnish and Swedish Ministry of Economic Affairs and Employment, Finland Section 1 Scope Posted Workers Act (1146/1999; amendments up to 679/2015 included;
More informationGovernment Gazette REPUBLIC OF SOUTH AFRICA. Vol. 5 Cape Town 26 September 2013 No THE PRESIDENCY
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only
More informationNumber 18 of 1999 SEA POLLUTION (AMENDMENT) ACT, 1999
Page 1 Number 18 of 1999 SEA POLLUTION (AMENDMENT) ACT, 1999 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Preparation and submission of plans to Minister. 3. Oil pollution emergency plans. 4.
More informationSCOPE AND EXTENT OF ENGINEERS LEGAL RESPONSIBILITIES FOR DEFECTS AND CONSTRUCTION ACTIVITIES ON SITE
IES-MOM Seminar on "Moving Beyond Nicoll Highway Incident" SCOPE AND EXTENT OF ENGINEERS LEGAL RESPONSIBILITIES FOR DEFECTS AND CONSTRUCTION ACTIVITIES ON SITE presented by MONICA NEO Advocate & Solicitor
More informationSafety Codes Council
Safety Codes Council 2017 Conference and AGM Presented by: Michael S. Solowan Partner 1 R v Williams Engineering Canada Inc. Alberta Provincial Court, 2014 Rocky Mountain Court Building in Calgary 2 Recap
More informationENFORCEMENT DECREE OF THE INDUSTRIAL SAFETY AND HEALTH ACT Presidential Decree No , Jul. 14, 1990
ENFORCEMENT DECREE OF THE INDUSTRIAL SAFETY AND HEALTH ACT Presidential Decree No. 13053, Jul. 14, 1990 Amended by Presidential Decree No. 13282, Feb. 1, 1991 Presidential Decree No. 13563, Dec. 31, 1991
More informationBILL C-45 CRIMINAL LIABILITY OF ORGANIZATIONS
BILL C-45 CRIMINAL LIABILITY OF ORGANIZATIONS OVERVIEW Bill C-45 is the Government s effort to set out rules for determining when a corporation or organization has committed a criminal offence. The legislation
More informationQ1) Do you agree or disagree with the Council s approach to the distinction between a principle and a purpose of sentencing?
Name Scottish Hazards Publication consent Publish response with name Q1) Do you agree or disagree with the Council s approach to the distinction between a principle and a purpose of sentencing? Agree We
More informationOCCUPATIONAL SAFETY AND HEALTH SAMOA
OCCUPATIONAL SAFETY AND HEALTH SAMOA Arrangement of Provisions PART I PRELIMINARY 1. Short title 2. Commencement 3. Extent of application 4. Objects of the Act 5. Interpretation PART II ADMINISTRATION
More informationActs 40/1965, 53/1973 (s. 49), 39/1979, 29/1981, 11/2001
Chapter 19:13 SEEDS ACT Acts 40/1965, 53/1973 (s. 49), 39/1979, 29/1981, 11/2001 ARRANGEMENT OF SECTIONS Section 1. Short title. 2. Interpretation. 3. Appointment of registering officer. 4. Registration
More informationBILL C-45: HAS THE SLEEPING GIANT AWAKENED TO BECOME AN EMPLOYER'S WORST NIGHTMARE?
BILL C-45: HAS THE SLEEPING GIANT AWAKENED TO BECOME AN EMPLOYER'S WORST NIGHTMARE? By: Norm Keith * and Anna Abbott ± Bill C-45 (also known as the "Westray Bill") amended the Criminal Code, on March 31,
More informationLEASE ADMINISTRATION SERVICES AGREEMENT
LEASE ADMINISTRATION SERVICES AGREEMENT This lease administration services agreement ( Agreement ) dated and entered into as of this day, May, 2013, by and between, having offices at hereinafter referred
More informationMINE HEALTH AND SAFETY AMENDMENT BILL
REPUBLIC OF SOUTH AFRICA MINE HEALTH AND SAFETY AMENDMENT BILL (As amended by the Portfolio Committee on Minerals and Energy (National Assembly)) (The English text is the offıcial text of the Bill) (MINISTER
More informationHome Workers Protection Act B.E.2553 (2010)
Home Workers Protection Act B.E.2553 (2010) Home Workers Protection Act B.E.2553 (2010) BHUMIBOL ADULYADEJ, REX. Given on the 11th Day of November B.E. 2553; Being the 65th Year of the Present Reign. His
More informationAUSTRALASIA BUS & COACH EXPO
AUSTRALASIA BUS & COACH EXPO Gold Coast 2017 Terms and Conditions The following terms are provided for clarity: Applicable Laws: Applicable laws means the laws applicable in the state of Queensland. Booth:
More informationAnnex 8 referred to in Chapter 9. Specific Commitments for Entry and Temporary Stay of Nationals for Business Purposes
Annex 8 referred to in Chapter 9 Specific Commitments for Entry and Temporary Stay of Nationals for Business Purposes Part 1 Specific Commitments of Japan Section 1 Short-term Business Visitors 1. Entry
More informationPollution (Control) Act 2013
Pollution (Control) Act 2013 REPUBLIC OF VANUATU POLLUTION (CONTROL) ACT NO. 10 OF 2013 Arrangement of Sections REPUBLIC OF VANUATU Assent: 14/10/2013 Commencement: 27/06/2014 POLLUTION (CONTROL) ACT NO.
More informationTERMS AND CONDITIONS FOR BURGER KING SOUTH AFRICA S APP GAME
TERMS AND CONDITIONS FOR BURGER KING SOUTH AFRICA S APP GAME The following provisions are drawn to the attention of the User to the extent that the Consumer Protection Act 68 of 2008 ("the CPA") applies
More informationBYLAW #797A OF THE TOWN OF KILLAM IN THE PROVINCE OF ALBERTA
BYLAW #797A OF THE TOWN OF KILLAM IN THE PROVINCE OF ALBERTA BEING A BYLAW OF THE TOWN OF KILLAM IN THE PROVINCE OF ALBERTA, TO PROVIDE FOR THE PREVENTION, REGULATION AND CONTROL OF THE LIGHTING OF FIRES
More informationTHE NATIONAL PAYMENT SYSTEM ACT, 2011 NO. 39 OF 2011 LAWS OF KENYA
LAWS OF KENYA THE NATIONAL PAYMENT SYSTEM ACT, 2011 NO. 39 OF 2011 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org 2 NO. 39 National Payment
More informationEXPROPRIATION ACT 63 OF 1975
EXPROPRIATION ACT 63 OF 1975 [ASSENTED TO 20 JUNE 1975] [DATE OF COMMENCEMENT: 1 JANUARY 1977] (Afrikaans text signed by the State President) as amended by Abattoir Industry Act 54 of 1976 Expropriation
More informationIN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MANATEE COUNTY CIRCUIT CIVIL DIVISION
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MANATEE COUNTY CIRCUIT CIVIL DIVISION Plaintiff, TIMOTHY YOUNG, as Personal Representative of the Estate of ALLEN
More informationMINE HEALTH AND SAFETY AMENDMENT BILL
REPUBLIC OF SOUTH AFRICA PORTFOLIO COMMITTEE AMENDMENTS TO MINE HEALTH AND SAFETY AMENDMENT BILL [B 54 2008] (As agreed to by the Portfolio Committee on Minerals and Energy (National Assembly)) (The English
More informationCity of Saint Louis ARTICLE V. DANGEROUS BUILDINGS* Sec Dangerous building defined.
City of Saint Louis ARTICLE V. DANGEROUS BUILDINGS* *State law references: Authority of municipality to eliminate housing conditions detrimental to the public peace, health, safety, morals or welfare of
More informationCTR Carbide Dies (Birmingham) Ltd & Rectory Tool Company Ltd
CTR Carbide Dies (Birmingham) Ltd & Rectory Tool Company Ltd PURCHASING TERMS & CONDITIONS 1) Definitions The Company shall mean CTR Carbide Dies (Birmingham) Ltd and Rectory Tool Company Ltd. Goods shall
More informationNEW YORK CITY DEPARTMENT OF BUILDINGS. Notice of Public Hearing and Opportunity to Comment on Proposed Rules
NEW YORK CITY DEPARTMENT OF BUILDINGS Notice of Public Hearing and Opportunity to Comment on Proposed Rules What are we proposing? The Department of Buildings (DOB) is proposing to amend its rules relating
More informationStrict Liability and Product Liability PRODUCT LIABILITY WARRANTY LAW
Strict Liability and Product Liability PRODUCT LIABILITY The legal liability of manufacturers, sellers, and lessors of goods to consumers, users and bystanders for physical harm or injuries or property
More informationCASE NO. COMPLAINT AND DEMAND FOR JURY TRIAL. The Plaintiff, CHARLESETTA WALKER, as CONSERVATOR FOR THE PERSON,
Electronically Filed 06/28/2013 01:01:15 PM ET IN THE CIRCUIT COURT OF THE 9 TH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CIVIL CIRCUIT JURISDICTION CASE NO. CHARLESETTA WALKER, as CONSERVATOR
More informationOccupational Safety and Health Act 1984
Western Australia Occupational Safety and Health Act 1984 As at 29 Nov 2012 Version 07-e0-01 Western Australia Occupational Safety and Health Act 1984 CONTENTS Part I Preliminary 1. Short title 2 2. Commencement
More informationADVERTISING ON ROADS AND RIBBON DEVELOPMENT ACT 21 OF 1940
ADVERTISING ON ROADS AND RIBBON DEVELOPMENT ACT 21 OF 1940 [DATE OF COMMENCEMENT: 20 MAY 1940] (Unless otherwise indicated) [ASSENTED TO 14 MAY 1940] (Signed by the Governor-General in Afrikaans) as amended
More informationWhilst employers are primarily responsible for providing safe and healthy workplaces;
1 Table of Contents 1. Introduction 2. Purpose 3. The Principles of Enforcement 4. Enforcement Measures 5. Information and Education 6. Withdrawal of Exemption, Permission or Approval 7. Statutory Instruction
More informationBURGER KING SOUTH AFRICA GIFT OF FIRE _ PHOTO OF YOUR FLAME GRILLED WHOPPER IN A BURGER KING SA COMPETITION RULES
BURGER KING SOUTH AFRICA GIFT OF FIRE _ PHOTO OF YOUR FLAME GRILLED WHOPPER IN A BURGER KING SA COMPETITION RULES 1) This competition is conducted by the Promoter (as defined below), commences on 15 December
More informationTerms of Hire TERMS OF HIRE
Terms of Hire TERMS OF HIRE SPECIAL CONDITIONS FOR USE IN CONJUNCTION WITH THE CPA MODEL CONDITIONS FOR THE HIRING OF PLANT (WITH EFFECT FROM JULY 2011) The terms comprise the CPA Model Conditions for
More informationYOUTH EMPLOYMENT ACT
c t YOUTH EMPLOYMENT ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to August 20, 2016. It is intended for information and reference
More informationCOMPLYING WITH STATUTE
COMPLYING WITH STATUTE Milton McIntosh Kirkpatrick & Lockhart Nicholson Graham 31 1 MILTON McINTOSH Senior Associate, Litigation Department, Kirkpatrick & Lockhart Nicholson Graham Qualified: 1991 (Chartered
More informationIN THE HIGH COURT OF JUSTICE BETWEEN. LAING SANDBLASTING & PAINTING CO. LTD. Claimant AND
REPUBLIC OF TRINIDAD AND TOBAGO CV2012-00691 IN THE HIGH COURT OF JUSTICE BETWEEN LAING SANDBLASTING & PAINTING CO. LTD. Claimant AND DOC S ENGINEERING WORKS LTD Defendant BEFORE THE HONOURABLE MADAM JUSTICE
More informationFIRST CONVICTION FOR CORPORATE MANSLAUGHTER
Page 1 of 7 FIRST CONVICTION FOR CORPORATE MANSLAUGHTER On 15 February 2011, Cotswold Geotechnical (Holdings) Limited became the first company to be convicted of corporate manslaughter under the Corporate
More informationForeshore Development (Amendment) Act 2013
Foreshore Development (Amendment) Act 2013 REPUBLIC OF VANUATU FORESHORE DEVELOPMENT (AMENDMENT) ACT NO. 17 OF 2013 Arrangement of Sections 1 Amendment 2 Commencement REPUBLIC OF VANUATU Assent: 14/10/2013
More information(24 February to date) HAZARDOUS SUBSTANCES ACT 15 OF (Gazette No. 3834, No. 550 dated 4 April 1973) Commencement:
(24 February 2000 - to date) [This is the current version and applies as from 24 February 2000, i.e. the date of commencement of the Nuclear Energy Act 46 of 1999 to date] HAZARDOUS SUBSTANCES ACT 15 OF
More informationAMENDMENTS TO THE HEAVY VEHICLE NATIONAL LAWS: SIMPLIFYING THE LAW, INCREASING THE PENALTIES
AMENDMENTS TO THE HEAVY VEHICLE NATIONAL LAWS: SIMPLIFYING THE LAW, INCREASING THE PENALTIES 22 August 2017 Australia Legal Briefings By Harold Downes and Sam Witton There are upcoming changes to the Heavy
More informationBest 50 articles of civil code of Japan which are frequently applied in the courts
Best 50 articles of civil code of Japan which are frequently applied in the courts KAGAYAMA Shigeru Prof. Meijigakuin University 1 8. Best 20 of Civil Code of Japan from the view point of frequency of
More informationOccupiers Liability Act 1962
Reprint as at 29 November 1962 Occupiers Liability Act 1962 Public Act 1962 No 31 Date of assent 28 November 1962 Commencement see section 1(2) Contents Page Title 2 1 Short Title and commencement 2 2
More informationCity of Johannesburg Metropolitan Municipality STREET TRADING BY-LAWS
City of Johannesburg Metropolitan Municipality STREET TRADING BY-LAWS (PUBLISHED UNDER NOTICE NO 833 IN GAUTENG PROVINCIAL GAZETTE EXTRAORDINARY NO 179 DATED 21 MAY 2004) 0 CITY OF JOHANNESBURG METROPOLITAN
More informationBUILDING AMENDMENT ACT 1998 BERMUDA 1998 : 33 BUILDING AMENDMENT ACT 1998
BERMUDA 1998 : 33 BUILDING AMENDMENT ACT 1998 [Date of Assent 17 July 1998] [Operative Date ] WHEREAS it is expedient to amend the Building Act 1988 so as to provide for Building Codes and to make other
More informationNEGLIGENCE. All four of the following must be demonstrated for a legal claim of negligence to be successful:
NEGLIGENCE WHAT IS NEGLIGENCE? Negligence is unintentional harm to others as a result of an unsatisfactory degree of care. It occurs when a person NEGLECTS to do something that a reasonably prudent person
More informationTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO BEING A BY-LAW IN RESPECT TO THE SALE AND USE OF FIREWORKS
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2017-135 BEING A BY-LAW IN RESPECT TO THE SALE AND USE OF FIREWORKS WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended,
More informationElectricity Act, 1998 Loi de 1998 sur l électricité
Electricity Act, 1998 Loi de 1998 sur l électricité ONTARIO REGULATION 22/04 ELECTRICAL DISTRIBUTION SAFETY Consolidation Period: From October 1, 2017 to the e-laws currency date. Last amendment: O. Reg.
More informationFILED: NEW YORK COUNTY CLERK 09/22/ :05 AM INDEX NO /2016 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/22/2016
FILED: NEW YORK COUNTY CLERK 09/22/2016 11:05 AM INDEX NO. 654548/2016 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/22/2016 CONTRACT This Contract ("Contract") is made effective as of September 8th, 2016, by
More informationSecurities and Exchange Act B.E (As Amended)
(Translation) Securities and Exchange Act B.E. 2535 (As Amended) BHUMIBOL ADULYADEJ, REX., Given on the 12th day of March B.E. 2535; Being the 47th Year of the Present Reign. His Majesty King Bhumibol
More informationINTERNATIONAL LABOUR CONFERENCE
INTERNATIONAL LABOUR CONFERENCE Convention 184 CONVENTION CONCERNING SAFETY AND HEALTH IN AGRICULTURE The General Conference of the International Labour Organization, Having been convened at Geneva by
More information[DRAFT AMENDMENTS AS AT 24/10/17 ILLUSTRATIVE REGULATIONS FOR THE PURPOSES OF CONSULTATION ONLY] 2004 No HEALTH AND SAFETY
[DRAFT AMENDMENTS AS AT 24/10/17 ILLUSTRATIVE REGULATIONS FOR THE PURPOSES OF CONSULTATION ONLY] 2004 No. 1769 HEALTH AND SAFETY The Justification of Practices Involving Ionising Radiation Regulations
More informationConducting Agreement
Conducting Agreement THIS CONDUCTING AGREEMENT made at this day of 200 BETWEEN DR. DAYAWAN HOSPITAL AND CLINIC, a partnership firm having address at,, hereinafter called THE OWNERS (which expression shall
More information