ST1 Flashcards
Define S8 (2)(i)
Safety Supervisor
Define GSR 9 (2)
Incidence Investigator
Define GSR 3 (4)
First Aider
Define GMR 2 (1)
Supervisor of Machinery
Define GMR 2 (7)
Assistant supervisor of Machinery
Define PER 11 (1) (a)
Steam generator/pressure vessel inspector
DMR 18 (5) (a-b)
Inspector of lifting machinery and forklift
Define EIR 11 (2)
Master installation electrician
Define CR 8 (1)
Construction manager
Define CR 8 (5)
Health and safety officer
Define CR 9 (1)
Risk assessor
Define CR 9 (3)
Risk assessment supervisor
Define CR 16 (1)
Scaffolding inspector & supervisor
What is considered to perhaps be the best-known source of contemporary law?
Legislation (Written or Statutory law)
Legislation is a human construct, and therefore?
Too vague or ambiguous, it can be poorly written or even confusing.
Explain legislation?
Is a source of contemporary law.
Legislation can be too vague or ambiguous, it can be poorly written or even confusing.
The rules of interpretation of statutes must be followed, explain?
- First task is to ascertain the legal meaning which is not necessarily the same as the grammatical meaning.
- Grammatical meaning should be used but always within the context of the given legislation.
Why is the SA Legal system considered as a hybrid legal system?
Due to the mixed legal heritage of Roman-Dutch and English common law South Africa is said to have a hybrid legal system.
South African Law is Largely based on?
Roman-Dutch Law
Define Legislation?
Is law that is passed by a legislature or other governing body.
It can be considered the body of written law. (such as a body of representatives that have been democratically or otherwise elected or appointed).
Can legislation be considered as written law?
Yes, can be considered as a body of written law.
Explain Common law?
- It is sometimes referred to the ‘unwritten law of the land’.
- part of South African law that is not contained in legislation but is an
- equally important aspect of the country’s legal system.
‘Unwritten law of the land’ refers to?
Common Law
Common law in South Africa comprise of?
- Roman-Dutch law
- English legal principles
- Tribal/traditional law
- Law of contract between parties
- Precedent (this refers to the rationale behind a judge’s decision that establishes a principle or rule of law that must be followed)
Chapter 2 of the constitution - Bill of Rights - provided every south African with inalienable fundamental rights, which include?
- The right to equality
- Human Dignity
- Freedom
- Privacy
- Freedom of Expression
What does Section 24 of the constitution state (Environment), Everyone has the right?
- To an environment that is not harmful to their health or well-being, and
- To have the environment protected, for the benefit of present and future generations
- Prevent pollution and ecological degradation-
- Pomble conservation, and
- Secure ecologically sustainable development
- To an environment that is not harmful to their health or well-being, and
- To have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that:
1. Prevent pollution and ecological degradation
2. Pomble conservation, and
3. Secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development
Sources of international HSE law are multi-dimension and include?
- The international labour organisation (ILO)
- World health organisation (WHO)
- United nation environmental programme (UNEP)
- International Court of Justice (ICJ)
- United Nations Educational, Scientific and Cultural Organization (UNESCO)
- Conventions*
- Protocols*
- Multilateral environmental agreements (MEAS) or treaties*
- Judicial decisions in other jurisdictions
- Jurisprudence by legal scholars
- Customary law
Define damages and restitution with regard to Civil Liability Public Law?
Damaged = Pay Restitution = Go and repair/replace
What are the South African Court Hierarchy?
- Constitutional Court
- Supreme Court of Appeal
- High Court
- The Eastern Cape Division
- The Free State Division
- The Gauteng Division
- The KwaZulu-Natal Division
- The North West Division
- The Northern Cape Division
- The Western Cape Division
- The Superior Courts
- Specialists Courts
- Family Courts
- Labour Courts
- Water Tribunal
- Military Courts
What is Liability?
Liability is the legal responsibility or responsibility before the law.
The state of being legally responsible for something
Under the law, liability can be incurred by either?
A natural person (any man or woman) or a justice/legal person (a non-natural entity that exists only due to its legal persona)
in theory, all ‘persons’, whether natural or juristic, should be?
Equal before the law.
in theory, all ‘persons’, whether natural or juristic, should be?
Equal before the law.
Explain Criminal Liability in detail regarding: LIABILITY TYPE: LEGAL ENTITY: LEGAL PROCESS: BURDEN OF PROOF: POSSIBLE OUTCOME: PENALTY INCURRED:
LIABILITY TYPE: Public
LEGAL ENTITY: The state is always the prosecuting authority
LEGAL PROCESS: Prosecution
BURDEN OF PROOF: Beyond a reasonable doubt
POSSIBLE OUTCOME: Guilty
PENALTY INCURRED: Jail time or fine, or both
Explain Civil Liability in detail regarding: LIABILITY TYPE: LEGAL ENTITY: LEGAL PROCESS: BURDEN OF PROOF: POSSIBLE OUTCOME: PENALTY INCURRED:
LIABILITY TYPE: Privat
LEGAL ENTITY: An action between two or more parties whether the parties are natural or juristic persons or a combination of both
LEGAL PROCESS: Action (usually in the form of a lawsuit)
BURDEN OF PROOF: On the balance of probability
POSSIBLE OUTCOME: Liable
PENALTY INCURRED: Damages (these are usually in monetary terms), although damages can also be in the form of restitution or a form of redress
Give an example of common law criminal liability?
Culpable Homicide
In South Africa, culpable homicide has been defined as?
“the unlawful negligent killing of a human being”. In this instance, negligence replaces intent as a means of assessing culpability/liability.
Whether it is a criminal or a civil matter, liability or legal fault must be proven in order for prosecution or legal action to be successful. One of the most important elements in proving liability is?
Intent
Where there appears to be a lack of intent, the burden of proof would require that either?
Negligence or recklessness be proven
Recklessness is where intent may not be present, but?
The act could not be considered negligent either.
Negligence is where?
A person did not take the necessary care that a reasonable person would have taken in the same circumstances
The reasonable person test is a?
The principle of English law and is firmly entrenched in South African legal system.
The reasonable test law is:
- a benchmark used by the court to evaluate the actions of a party in comparison to that of a person exercising a proper standard of care.
- Reasonableness in law means to what extent the actions and conduct of a person were justified as opposed to negligent or careless.
Name two other important types of Liability?
- Joint and Several Liability
- Strict Liability
What is Joint and several liability?
More than one party can be held liable for a given offence, Parties can be held liable both together as a group (jointly) and individually (severally).
Define Strict Liability?
In this type of liability, there is no need to prove intent for a person’s acts or omissions in order to them liable. Committing the act or omission is de facto culpability: you committed the act or omission and you are instantly liable.
Strict liability applies in?
Both criminal and civil law.
According to the Department of Labour, the following are workplaces not covered by the OHS Act?
- Mines, mining areas or any mining works (as defined in the Minerals Act),
- Load line ships, fishing boats, sealing boats, and whaling boats (as defined in the Merchant Shipping Act) and floating cranes: whether in or out of the water and
- People in or on these areas or vessels.
What are some of the most important requirements in the OSH Act that must be clearly understood?
- Removing or mitigating the hazard or risk hazard
- State of knowledge and the means available
- The cost of removing or mitigating that hazard or risk in relation to the benefits deriving therefrom
What is meant by Mitigation with regards to the important requirements in the OSH Act?
“to lessen or to try to lessen the seriousness or extent of”
Which Act is considered to be the heart of the NEMA Act?
Section 28
What s covered under the OSH Act 37?
Acts or Omissions by Employees or Mandatories
What are some examples of the main purpose of the Hazardous Substances Act, 15 of 1973?
- To provide for the control of substances that may cause injury or ill health to, or death of human beings by reason of their toxic, corrosive, imitant. strongly sensitising or flammable nature, or the
generation of pressure thereby in certain circumstances, and for the control of certain electronic products. - To provide for the division of such substances or products into groups in relation to the degree of
danger. - To provide for the prohibition and control of the importation, manufacture, sale, use, operation.
application, modification, disposal or dumping of such substances and products.
To provide for matters connected therewith.
What are some examples of the main purpose of the Hazardous Substances Act, 15 of 1973?
- To provide for the control of substances that may cause injury or ill health
- To provide for the division of such substances or products into groups in relation to the degree of danger.
- To provide for the prohibition and control of the importation, manufacture, sale, use, and operation.
- To provide for matters connected therewith.
What are the four groups and the degree of danger that Hazardous substances are divided into?
- Group 1: Hazardous substances of a toxic, corrosive, irritant, strongly sensitising or flammable nature and potentially hazardous to human health.
- Group 2: As above, but of a more hazardous nature.
- Group 3: Electronic products potentially hazardous to human health.
• Group IV: Radioactive material that is outside a nuclear installation as defined in the Nuclear
Energy Act, 1993,
What are the four groups and the degree of danger that Hazardous substances are divided into?
- Group 1: Hazardous substances of a toxic, corrosive, irritant, strongly sensitising or flammable nature and potentially hazardous to human health.
- Group 2: As above, but of a more hazardous nature.
- Group 3: Electronic products potentially hazardous to human health.
- Group 4: Radioactive material that is outside a nuclear installation
Explain Section 22 of the COID Act?
It Entitles employees who are injured on duty to claim this compensation, which includes reason-able costs incurred by them or on their behalf in respect of medical aid necessitated by an accident or an occupational disease.
Only two categories of people are entitled to compensation for injuries suffered or diseases
contracted because of work, namely?
- Employees, or
- Direct dependents of employees
Other persons, who may receive compensation include?
- Persons employed as casual employees but due to the nature of their work contribute to their employer’s business
- Members of closed corporations, body corporates and directors or members of companies who have entered into an employment contract with such particular body corporate
- Persons who are paid by a labour broker to do work for other
People who are excluded in the COID Act section 22 who may not receive compensation are?
- Persons including state employees) who are performing military training
- Members of the SAPS and South African National Defence Force (SANDF).
In terms of Section 89 of the COID Act, the staff of contractors will be regarded as the principal’s
employees if?
- The contractor is not registered and paid up with the Compensation Commissioner.
- The principal should require that the contractor supply a certificate of good standing issued by the Commissioner. This certificate (a Section 89 certificate) is only valid for a year and must be renewed.
What is covered under section 25 of the OSH Act?
Reporting to Chief inspector regarding occupational diseases.
What is covered under section 35 of the COID Act?
Bars employees from recovering money from their employers for injuries and diseases sustained at work. No employee or their dependents can sue an employer due to an occupation injury, disease or death. They can only claim from the commissioner.
What is covered under section 28 of the NEMA Act?.
Duty of care and remediation of environmental damage
What is covered under section 29 of the NEMA Act?
Right of refusal to do work harmful to the environment (Protection of workers refusing to do environmentally hazardous work)
What is covered under section 30 of the NEMA Act?
- Control of incidents
- In terms of section 30(1), an incident means an unexpected sudden occurrence, including a major
emission, fire or explosion leading to serious danger to the public or potentially serious pollution of or detriment to the environment, whether immediate or delayed.
What is covered under section 31 of the NEMA Act?
Protection of environmental whistle-blowers (Access to environmental information and protection of whistleblowers)
What is covered under section 32 of the NEMA Act?
Legal standing to enforce environmental laws
What is covered under section 33 of the NEMA Act?
Private prosecution
What is covered under section 34 of the NEMA Act?
Criminal proceedings
What are the main principles of Environmental Law?
- Polluter pays principle
- Cradle-to-grave responsibility
- Best Practice Environmental Option
- Precautionary principle
What is the Polluter pays principle?
The principle is self-explanatory: where pollution occurs, it will be the polluter who pays for the clean-up, remediation and any other costs relating to the said pollution.
What is meant by Cradle-to-Grave responsibility?
- Responsibility for the environmental consequences of a programme, project, product, process, service or activity exists throughout its life cycle.
This responsibility commences with the conceptualization and planning of a product, project or service and runs through all stages of implementation to reuse, recycling and ultimate disposal of product- and waste or decommissioning of installations. It is literally an “every step of the way” approach to how an organisation must bear the responsibility for all its environmental impacts. The responsibility can not be transferred.
What is meant by the Best practicable environmental Option?
The option that caused the least damage at an acceptable cost.
is the option that provides the most benefit or causes the least damage to the environment as a whole, at an acceptable cost to society, both in the short and long term.
The best practicable environmental option (sometimes referred to as BPEO), is the option that provides
the most benefit or causes the least damage to the environment as a whole, at an acceptable cost to society, both in the short and long term. This is somewhat similar to the OHS Act’s reasonable
practicable principle. Best Available Tech net excanding cost.
What is meant by the Precautionary principle?
This principle refers to the idea that the lack of scientific certainty should not be used as a reason
to postpone action when there is a threat of serious or irreversible damage and/or harm. In short: if you
cannot ascertain the environmental impacts of something proposed, you cannot proceed until you
have more information and understanding thereof.
Explain what a Prohibition notice is?
In the case of threatening danger, an inspector may prohibit a particular action process of the use of a machine or equipment, by means of a prohibition notice. A prohibition notice in the extreme may include closing an entire facility or site. No person may disregard the contents of such a notice and compliance must take place with immediate effect.
Explain what a Contravention notice is?
If a provision of a Regulation or a section of the Act is contravened, the inspector may serve the particular notice on the employer. A contravention of the Act itself can result in immediate prosecution, but in the case of a contravention of a Regulation, the employer may be given the opportunity to correct the contravention within a time limit specified in the notice, which is usually days.
Explain what an Improvement notice is?
Where the health and safety measures that the employer has instituted do not satisfactorily protect the health and safety of the workers, the inspector may require the employer to bring about more effective measures, usually within a specified amount of time and at the discretion of the inspector
Lists the items that typically feature in a Department of Employment and Labour inspection:
- Proof of registration with the Compensation Commissioner and Unemployment Insurance Fund
(UIF), as well as proof of the last payments made. - A summary of legislation displayed in the workplace for the: OSH Act and regulations, BCEA, EEA
- the appointment of health and safety representatives for the workplace
- The employees trained to recognise health and safety hazards and risks
- the provision of fully equipped first-aid bases on the premises.
- whether or not the employer reports occupational injuries and diseases to the Department of
- Labour in the manner and time required.
Whether there are clean and hygienic toilets and washing facilities provided for both sexes.
The Five primary areas of enforcement for the Environmental Management inspectorate are?
- Polution and waste
- Biodiversity
- Protected areas
- Marine and coastal
- Environmental impact assessment
The following officials may be designated as environmental management inspectors?
- Official employed by the Department of Environmental, Forestry and Fisheries
- Officials employed by provincial environment departments, or other provincial organs of State
- Municipal officials
- Officials employed by ‘‘other organs of state’’.
A range of powers can be conferred on environmental management inspectors, including power of? • Routine inspection: Entering premises to ascertain compliance o Seizing evidence of non-compliance Investigation: O Questioning witnesses D Copying documents Inspecting and removing articles or substances O Taking photographs and audio-visual recordings C Taking samples O Removing waste O Enforcement: Searching and seizing premises, containers, vessels, vehicles and aircraft 0 Searching pack animals Establishing roadblocks D Arresting Administrative powers: 0 Issuing compliance notices (4) Examples of each
A range of powers can be conferred on environmental management inspectors, including powers of?
- Routine inspections
- Investigation
- Enforcement
- Administrative powers
- Routine inspections:
'Entering premises to ascertain compliance'
'Seizing evidence of non-compliance"
- Investigation:
'Questioning witnesses'
'Copying documents'
'Inspecting and removing articles or substances'
'Taking photographs and audio-visual recordings'
'Taking samples'
'Removing waste'
- Enforcement:
'Searching and seizing premises, containers,
vessels, vehicles and aircraft'
'Searching pack animals'
'Establishing roadblocks'
'Arresting'
- Administrative powers:
'Issuing compliance notices
In addition to standardising enforcement powers, NEMA’s Chapter 7 also provides for extensive
powers for environmental management inspectors (see below), as well as a set of new criminal offences and other enforcement provisions, Criminal offences include:
- Giving false information to an environmental management inspector, or refusing to comply
- Hindering or interfering with an environmental management inspector’s duty, or pretending to
- Failure to comply with a compliance notice, which can be issued by certain environmental
management inspectors when that inspector has reasonable grounds for believing that a person
has not complied with environmental legislation, or with a term of a permit issued under that legislation.
Further penalties and legal sanctions under Chapter 7 include: Forfeiture provisions, cancellation of permits, Disqualification of permits.
What is corporate governance?
“Corporate governance is the set of processes, customs, policies, laws, and institutions affecting the way a corporation is directed, administered or controlled”.
Corporate governance also includes the relationships among the many stakeholders involved and the goals for which the corporation is governed.
The principal stakeholders are the shareholders, management, and the board of directors. Other stakeholders include labour (employees), customers, creditors (e.g., banks, bond holders), suppliers, regulators, and the community at large.”
What is King IV Code On Corporate Governance?
The ethical and effective leadership by the governing body towards achieving the following governance outcomes:
- Ethical culture
- Good performance
- Effective control
- Legitimacy
(LEEG)
What is considered as Ethical Leadership?
(ARTIC-F)
- Accountability
- Responsibility
- Transparency
- Integrity
- Competence
- Fairness
Ethical leadership is exemplified by integrity, competence, responsibility, accountability, fairness, and transparency.
It involves the anticipation and prevention, or otherwise amelioration, of the negative consequences of the organisation’s activities and outputs on the economy, society and environment and the capitals that it uses and affects.
What is considered as Effective leadership?
Effective leadership is results-driven, it is about achieving strategic objectives and positive outcomes.
Effective leadership includes, but goes beyond, an internal focus on effective and efficient execution.
What are the main objectives of King IV?
- Promote corporate governance as integral to running an organisation and deliver legitimacy.
- Governance outcomes such as ethical culture, good performance, and effective control of a variety of sectors and organisational types.
- Broaden the acceptance of the King IV by making it accessible and fit for implementation are understood and implemented in an integrated manner.
- Reinforce corporate governance as a holistic and interrelated set of arrangements to be understood and implemented in an integrated manner.
- Encourage transparent and meaningful reporting to stakeholders.
