Navigating Legal Liability in the workplace

About the Course:

This online course introduces the core principles and standards of legal liability in the workplace. You will learn how to interpret the law and understand its place within the South African legal framework, as well as where liabilities may arise. The course also provides a basic understanding of occupational health and safety legislation, other important environmental legislation, and the enforcement of these laws.

This short course focuses on the core principles of legal liability in the workplace and helps you understand the importance of preventive and management measures. We cover a wide range of topics, from interpreting relevant laws to identifying potential areas of liability and understanding the enforcement of legislation.

The course begins by explaining the unique issues presented by legislation and the interpretation of legal terms. It then describes the structures and mechanisms for interpreting laws in their correct context. Finally, it covers the history and unique structures of the South African legal framework, from its inception and development to the creation of the current Constitution and the resulting legal developments.

The course continues by providing an understanding of important Occupational Health and Safety legislation, including the responsibilities of employers and employees, and the areas that can give rise to liability. We then introduce other key environmental legislation that impacts employers and their businesses. You will also learn how policies and legislation are enforced and which competent authorities regulate and enforce them. Completing this course will give you a solid understanding of OHS systems and equip you with the tools to evaluate the system in place at your workplace or in your country.

Course Objectives:

• Understanding the interpretation of law and the background of South African law. 
• Understanding the importance of the Constitution in South Africa. 
• Describing the difference between legislation and common law. 
• Describing the difference between criminal and civil liability. 
• Discussing the important aspects of the OHS Act and safety-related labor legislation. 
• Evaluating the most important aspects of the National Environmental Management Act and related environmental legislation. 
• Identifying how Safety, Health, and Environmental legislation is enforced, including the role and functions of inspectors. 
• Recognizing how complex liability can be in any given context.

Who is the Target Audience?

• Employers, individuals working in the legal or HR field, anyone interested in a career in Occupational Health and Safety as a safety officer or inspector, people interested in learning their rights as employees, and those working for human rights or environmental rights groups.

Basic Knowledge:

Preferably high school educated or equivalent. To ensure participants can effectively engage with the content and gain maximum value from the course, the following basic knowledge is recommended:

Educational Background

• Minimum requirement: High school education or equivalent (e.g., NQF Level 4 or Matric in South Africa).
• Recommended: Some post-secondary education in fields such as HR, law, or health and safety is beneficial but not essential.

Language Proficiency

• English literacy: Participants should be comfortable reading, writing, and understanding English, as the course content, materials, and discussions will be conducted in English.

Basic Legal Awareness (Recommended but Not Mandatory)

• A general understanding of:
• • The concept of laws and regulations
  • The difference between rules, laws, and policies
  • Roles of government and legal institutions
• This will help in grasping legal interpretation and structures more quickly, but it is not mandatory.

Basic Workplace Experience (Optional but Beneficial)

• Experience in or exposure to any formal workplace environment will help to:
• • Contextualize occupational health and safety discussions
  • Understand employer and employee responsibilities

Technology Requirements

• Access to a reliable internet connection
• Device (PC, laptop, or tablet) capable of joining online learning platforms (Zoom, Teams, etc.)
• Basic digital literacy to navigate virtual classrooms, download and read materials, and participate in discussions