近期涉及职业健康与安全的案例法——关键考量因素.pdf

1、Kate Collier August 2025 Recent case law with OHS implications key considerationsOverview and key cases for discussion3LEGAL INTERPRETATION DEPENDS ON DEVELOPMENT THROUGH THE COURTS-RELEVANCY AND REFLECTIVE OF THE NEEDS OF SOCIETY-CERTAINTY WHERE DIFFERENT INTERPRETATIONS MAY EXIST Introduction Copy

2、right Webber Wentzel.All rights reserved.Moving away from perceived reticence to have Courts intervene in matters of occupational health and safetyPositive implications of this reciprocal accountability,relevance and certaintyDevelopment of the law on aspects that Statutes alone cannot be expected t

3、o cater for.2025:-many new sets of regulations(OHSA and MHSA)-new mandatory codes of practice(MHSA)-proposed new regulations subject to public participation-awaiting promulgation of amended legislation(COIDA)-proposed amendments to principal legislation and awaiting publication-case law developments

4、 two key judgments for discussion today 4Background and PartiesTruworths Limited was the appellant in this case.The case involved two of Truworths stores located in a shopping Mall in Emalahleni-the Truworths store and the Identity store.The Inspections and ContraventionsTruworths Store Inspection:O

5、n 9 September 2021,an inspector conducted an inspection of the Truworths store and issued a Contravention Notice along with an inspection report.The notice stipulated that Truworths had failed to comply with section 8(b)of the Facilities Regulations and directed the company to Provide seats with bac

6、k rests at the cash desk.The inspection report recorded that There were no seating facilities provided at the cash desk for opportunity siting and directed Truworths to provide seating facilities to permit an employee whose work is performed while standing the ability to sit.Identity Store Inspectio