‘GETTING AWAY WITH MURDER’ PART 2

Anyone deemed to be an employer in the construction industry – including owners, developers, clients, designers such as architects, principal contractors, contractors and even supervisors – can be charged with culpable homicide or even murder in the event of a person being killed on a construction site due to non-compliance or negligence. This is Part 2 of a two-part series.

…continued from Part 1.

In addition, because employers in South Africa are legally required to provide a safe working environment, non-compliance can result in severe legal penalties and fines should a prosecution be recommended by the Department of Employment and Labour.

Accidents on site can also lead to substantial financial losses such as medical costs, workers’ compensation claims, increased insurance premiums and legal fees. Additionally, downtime due to number of Prohibition Notices issued by the Department of Employment and Labour has notably increased. An area often overlooked are the costs of reputational damage: a company known for poor safety practices can negatively affect its ability to win new contracts, retain clients and could affect the organisation’s share price.

Improving OHS on site

Van Biljon believes the number of construction accidents, injuries and fatalities is on the increase in South Africa. “In my opinion, many people are oblivious to what could go wrong and there is a lack of proper risk assessment processes,” he says. Notably he says that since the Specialist Court for occupational health and safety matters was disbanded, the success rate in prosecutions has decreased.  We must protect workers and provide them with decent, dignified healthy and safe working environments.

According to The Federated Employers Mutual Assurance Company (FEM) statistics, the construction sector has 2383 reported accidents in 2022, with 18 fatal accidents while 2023 saw 2612 reported accidents with 13 fatalities.

“Things can go wrong very easily on a construction site. We have to be compliant, and make sure all parties are trained and competent,” he said. To reduce risk and improve health and safety on site, Legislation Compliance Specialists offer proactive legal auditing and OHS training, and MBA North offers members construction health and safety services, training and workshops.

Mphomela notes: “MBA North offers training workshops and seminars on all aspects of health and safety compliance to help contractors mitigate these kinds of risks. Education and ongoing awareness go a long way to preventing accidents and fatalities on site.”

“Focusing on workplace safety is essential for South African construction companies to avoid legal and financial risks, protect their reputation and prevent litigation, all of which are crucial for maintaining a successful and sustainable business. Supporting this, it is crucial that organisations such as the MBA and FEM ensure that contractors are accredited and reputable and that safety is prioritised,” concludes Mphomela.