Occupational Health & Safety Law

We have extensive experience, knowledge and expertise in the field of occupational health and safety and workers’ compensation.

We have extensive experience, knowledge, and expertise in the field of occupational health and safety and workers’ compensation.

Lawyers at our firm have been centrally involved in developing regulatory frameworks for occupational health and safety, both locally and internationally, including the drafting of laws, regulations, conventions and codes of practice. In this regard:
 

  • We were central in drafting the Mine Health and Safety Act, 1996 and its regulations, OHS and compensation related laws in other Southern African countries, the ILO Convention on health and safety in mines and the ILO Code of Practice on coal mining.
  • One of our lawyers chaired the Committee of Inquiry into the Establishment of a National Health and Safety Council appointed by the Minister of Labour and was the principal drafter of the National Occupational Health and Safety Policy.
  • Another of our lawyers is a member of the Advisory Committee on Health and Safety (ACOHS), nominated by COSATU and appointed by the Minister of Labour, and serves on several ACOHS regulation technical committees.
  • We have represented organised labour at NEDLAC negotiations on amendments to the Mine Health & Safety Act and the Occupational Health & Safety Act
  • The firm has represented clients in many judicial and other statutory inquiries into major occupational accidents in South Africa in mining, construction, and other economic sectors, including the Leon Judicial Commission of Inquiry into Safety and Health in the Mining Industry
  • We have also litigated in major high court cases involving the interpretation of the Mine Health & Safety Act, the Compensation for Occupational Injuries and Diseases Act, 1993 (COIDA), and the Occupational Diseases in Mines and Works Act, 1973 (ODMWA) and have developed significant expertise regarding compensation for occupational accidents and diseases.
  • Our lawyers have presented papers, authored books, developed client training manuals, and trained on occupational health and safety law. This includes Juta’s text on the Mine Health & Safety Act, Juta’s commentary on the Occupational Health and Safety Act, and a training manual for Mine Health and Safety inspectors.

 

Our specialist services include:

  • advising on all aspects of the regulatory framework governing occupational health and safety and compensation, including drafting legislation and advising on regulatory compliance;
  • representing clients at informal investigations, formal inquiries, inquests and criminal prosecutions relating to occupational health and safety and litigating on their behalf;
  • assisting clients in claiming compensation including increased compensation for occupational injuries and diseases; and
  • Provide training to clients in occupational health and safety law.

For expert legal counsel in Occupational Health and Safety Law and Workers’ Compensation, contact our firm today.

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