Occupational Health and Safety in community schemes – a follow-up

In our previous article on occupational health and safety in community schemes, we explored the obligations of community schemes acting as employers or clients. Now, let’s delve deeper into an intriguing case that sheds light on the civil liability of community schemes under the Occupational Health and Safety (OHS) Act and the Construction Regulations.

The Joubert v Buscor Proprietary Limited case provides valuable insights into the interpretation of these regulations. (We would like to thank George Kahn of Richard Spoor Attorneys[1] who provided us with a link to the case). This case involved a claim for strict liability against a client (community scheme) for damages suffered by a third party. The court’s analysis provides crucial guidance on the liability of employers or clients toward independent third parties and underscores the importance of maintaining compliance with the OHS Act.

This analysis holds significance for community schemes, as they can potentially be held civilly liable by third parties for breaches of the duty and standard of care outlined in the OHS Act and Construction Regulations. Scheme executives, who are at the helm of these schemes, may even face personal liability in certain scenarios.

Daniel Robb, Manager – Dispute Resolution at Sectional Title Solutions (Pty) Ltd, delves into this case, offering insights and guidance for community schemes.

[1] Richard Spoor Attorneys acted for the applicant in the matter.