Whose responsibility is it anyway?

Based on this, is it clear that it is important that brokers form alliances with organisations that can provide them with professional risk assessment, as well as advice on occupational health and safety compliance.

Compliance with Occupational Health and Safety laws is no longer a nicety to have, but is entrenched in law. The Department of Labour has threatened to come down hard on employers failing to comply with Occupational Health and Safety (OHS) laws. Because of this, it makes sense for brokers to partner with organisations specialising in this arena in order to minimise any possible risk. In this way, both broker and insurer are protected, and in doing so, client’s interests and assets are also protected.

Health and safety in the workplace is the employer’s responsibility, whether they provide work for a casual gardener or a high level manager. All work places, from construction sites to corporates, a home or home office, are all regulated by health and safety laws via the OSHE Act. It is legislated and not an option. Occupational Health and Safety management is a cross-disciplinary industry, concerned with protecting the safety, health and welfare of employees, family members, employers, customers and communities who are impacted by the workplace environment.

The following important points are taken from the Occupational Health and Safety Act 85 of 1993:

• 8(1) Every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risks to health of employees.

• 9(1) Every employer shall conduct his/her undertaking in such a manner as to ensure, as far as is reasonably practicable, that persons other than those in his/her employment who may be directly affected by his activities are not thereby exposed to hazards to their health and safety.

• 14(a) Every employee shall at work take reasonable care for the health and safety for himself/herself and of any other person who may be affected by his/her acts or omissions.

• 15(1) No person shall intentionally or recklessly interfere with, damage or misuse anything which is provided in the interest of health or safety.

Based on this, all workplace risks, whether physical, chemical or biological in origin, need to be properly managed. All workers must be given the information and training they need by law. This process can be onerous if not undertaken at the commencement of a policy where all possible risks can be properly identified and documented. Partnering with a professional occupational health organisation will minimise potential hassles any company may have experienced in the past when claims need to be processed, as all the correct procedures would have been in place and comprehensively documented. Where legal representation is required, this is also covered.

In addition to mitigating risks, brokers are able to expand their portfolio of services by offering professional risk assessments for Ocupational Health and Safety in partnership with a professional OHS organisation, capable of providing the full spectrum of services.

Occupational Health and Safety is fast becoming part of an organisation’s business management portfolio and it is crucial that the correct policies and procedures are put in place. The cost of being compliant within the regulations governing the requirements of a specific industry or business in this regard is actually very affordable when the correct procedures are applied. In fact, it becomes a useful management tool to prevent potential losses and curb unwanted hazards, minimise losses and increase profit through productivity and compliance. Far reaching changes in the risk management landscape will have major consequences for brokers unless they mitigate this risk.