Legal Liability – Knowledge of OHSA
"The Foundation of Operational Integrity and Executive Defense"
Next available dates
- 22 - 24 July 2026
Course description
In the technical sectors of electrical and mechanical engineering, safety is a rigorous legal requirement rather than a mere moral obligation. When an incident occurs on-site, the Department of Labour’s focus shifts immediately to the question of "Who is liable?". This course breaks down complex legal principles into practical, operational steps for directors, managers, and supervisors, ensuring they understand their personal and corporate exposure.
Course outcomes
Upon completion of the training, participants will be able to:
- Interpret Legal Frameworks: Navigate the OHS Act and its specific technical regulations to understand how they apply to industrial environments.
- Differentiate Liability Types: Clearly distinguish between Civil and Criminal Liability, and understand the implications of "Strict Liability" when managing high-risk electrical and mechanical systems.
- Execute Statutory Duties: Understand and perform the specific legal obligations associated with Section 16.1 and 16.2 executive appointments.
- Manage Contractors (Mandataries): Apply the legal framework of Section 37.2 to define and manage liability when working with external service providers.
- Define "Reasonably Practicable": Apply the legal standard of being reasonably practicable to determine the necessary safety investments and interventions on-site.
- Handle Incident Protocols: Manage Section 24 incident reporting procedures and interface professionally with Department of Labour inspectors.
- Establish a Legal Shield: Use formal documentation, "Due Diligence" records, and internal inquiry protocols to prove legal compliance and professional care.
- Analyse the Liability Equation: Use the formal equation (Liability = Duty of Care + Breach + Foreseeability + Causation) to evaluate operational risks and prevent prosecution.
Topics to be discussed:
- Module 1 - Overview
- Module 2 - The Act [Critical Sections]
Who should attend:
- CEOs and Managing Directors
- Operational Directors
- Financial Directors
- Plant and Site Managers
- Technical Supervisors
- Project Managers
- Health & Safety Officers
- Legal Appointees
- H&S Representatives
Benefits of attending:
- Protecting the "Self" and the "Entity" from criminal prosecution.
- Understanding how to use documentation as a legal shield.
- Mastering the protocols for incident investigation and evidence gathering.
