Dispute Resolution
Are You Ready? Amendments to OSHA in June 2024
Key changes in the Occupational Safety and Health (Amendment) Act 2022
The Occupational Safety and Health (Amendment) Act 2022 (“Amendment Act”) was passed and gazetted on 16 March 2022. The Amendment Act will come into force on 1 June 2024. The salient changes are discussed below.
A. Scope of application of the Occupational Safety and Health Act 1994 (“OSHA”)
OSHA now applies to all workplaces including public services and statutory authorities. Exceptions are stated in Schedule 1 of OSHA, and include, for example, the armed forces and work on board ships governed by the Merchant Shipping Ordinance 1952 (section 1(2) of OSHA). The salient difference is that OSHA previously only governed certain industries such as manufacturing, construction and business services.
B. Extension of liability to persons behind the companies
OSHA now has a wider reach in terms of accountable persons; section 52 of OSHA enlarges the liability of the persons behind an employer where the employer is a commercial organisation.
Previously, the shoulder note of the section referenced “Offences committed by body corporate”, and the provision imposed liability on both the body corporate and the persons behind it.
The Amendment Act makes express reference to the liability of a director, compliance officer, partner, manager, secretary or other similar officer of the organisation in addition to the organisation itself.
Further, liability is imposed on persons beyond those originally contemplated by OSHA. It extends liability to persons behind limited liability partnerships, firms, societies and other body of persons (“organisations”) as well as to anyone who appears to be responsible for the management of the affairs of the organisation (“management”).
These persons may be jointly or severally charged in the same proceedings with the company and be held liable as such. This form of liability is criminal in nature, attracting both fines as well as terms of imprisonment.
