Homeowners - Stay Within The Law

I live in unit 23 and need a satellite dish put up on my outside chimney…..surely the contractor, who is a qualified DSTV installation professional, is responsible for his own Health and Safety???? I’m a hairdresser, what do I know about earthing my power drill??
As counter-intuitive as it may seem, you (the client[1], for whom the work is being done) have legal duties[2]. One of the key principles embodied in the OHS Act and regulations is that the client will primarily be responsible for Occupational Health and Safety
THE CLIENT IS RESPONSIBLE FOR HEALTH AND SAFETY
Tinus Boshoff, legal expert at The South African Labour Guide, says “Various persons like property owners, landlords, body corporate(s) and most business owners etc could thus be classified as clients”

ARE TRUSTEES SEEN AS CLIENTS IN TERMS OF THE OHS ACT?

This principle extends to trustees; by employing a contractor to repaint a boundary wall, which is common property, the trustee has become  the “client”, and therefore has several legal duties. Omitting these duties carries heavy penalties, including, in some circumstances, a possible jail term. Unless the client and contractor have agreed in writing to arrangements and procedures between them to ensure compliance by the contractor, the client himself shall be presumed to be negligent, and shall be liable to be convicted and sentenced in respect hereof[3].

AS A TRUSTEE, I’M NOT PREPARED TO BE HELD ACCOUNTABLE FOR CONTRACTORS’ HEALTH AND SAFETY. HOW DO I MITIGATE MY RISK?

Fortunately, there is protection from this liability, provided the law is closely studied and followed. One step towards indemnifying yourself is concluding a S37.2 Agreement with the contractor. However, there are a plethora of additional responsibilities on you as well -  in CR 5.1 alone there are 19 duties of client. There are many more besides this, but presumably the message is clear – OHS for trustees is a minefield. SHe Files provides a solution for both the Client (trustee, homeowner) and the Contractor. At very reasonable rates. Contact us on admin@shefiles
***AN INDEMNITY FORM AT THE GATE DOESN’T CUT IT – YOU CAN’T CONTRACT YOURSELF OUT OF THE LAW***
[1] Construction Regulations 1. Definitions
[2] Construction Regulations 5. Duties of Client
[3] Occupational Health and Safety Act 85 of 1993 S37.2