ARE YOU COMPLIANT WITH THE LAW?
Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001)
THE ACT
To provide for the regulation of the private security industry; for that purpose to establish a regulatory authority; and to provide for matters connected therewith.
Offences and penalties
SECTION 38 (3) any person who-
(g) Knowingly or without the exercise of reasonable care contracts for the rendering of security services contrary to a provision of this Act or the Levies Act
Is guilty of an offence and-
(iii) on a conviction of a contravention referred to in paragraph (b) , (c) , (d) , (e) , (f) , (g) , (h) , or (i) , is liable to a fine or to imprisonment for a period not exceeding 24 months, or to both a fine and such imprisonment
IN SHORT
To provide for the regulation of the private security industry; for that purpose to establish a regulatory authority; and to provide for matters connected therewith.
The PSIRA Act 56/2001 too places a legal responsibility on any person who knowingly or without the exercise of reasonable cares contracts for the rendering of security services contrary to a provision of this Act.
More importantly, the Act places a legal responsibility squarely on the shoulders of any person in South Africa offering or rendering or conducting such security, risk management, guarding, armed response, armed guards et al for gain to be formally vetted and registered accordingly.
No. 85 of 1993: Occupational Health and Safety Act as amended by Occupational Health and Safety Amendment Act, No. 181 Of 1993
THE ACT
To provide for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery; the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work;
Section 37. Acts or omissions by employees or mandataries;
(3) Whenever any employee or mandatary of any employer or user does or omits to do an act which it would be an offence in terms of this Act for the employer or any such user to do or omit to do, he shall be liable to be convicted and sentenced in respect thereof as if he were the employer or user.
(4) Whenever any employee or mandatary of the State commits or omits to do an act which would be an offence in terms of this Act, had he been the employee or mandatary of an employer other than the State and had such employer committed or omitted to do that act, he shall be liable to be convicted and sentenced in respect thereof as if he were such an employer.
(5) Any employee or mandatary referred to in subsection (3) may be so convicted and sentenced in addition to the employer or user.
(6) Whenever the employee or mandatary of an employer is convicted of an offence consisting of a contravention of section 23, the court shall, when making an order under section 38 (4), make such an order against the employer and not against such employee or mandatary.
Sections 38. Offences, penalties and special orders of court
(2) Any employer who does or omits to do an act, thereby causing any person to be injured at a workplace, or, in the case of a person employed by him, to be injured at any place in the course of his employment, or any user who does or omits to do an act in connection with the use of plant or machinery, thereby causing any person to be injured, shall be guilty of an offence if that employer or user, as the case may be, would in respect of that act or omission have been guilty of the offence of culpable homicide had that act or omission caused the death of the said person, irrespective of whether or not the injury could have led to the death of such person, and on conviction be liable to a fine not exceeding R100 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
(3) Whenever a person is convicted of an offence consisting of a failure to comply with a provision of this Act or of any direction or notice issued there under, the court convicting him may, in addition to any punishment imposed on him in respect of that offence, issue an order requiring him to comply with the said provision within a period determined by the court.
(4) Whenever an employer is convicted of an offence consisting of a contravention of a provision of section 23, the court convicting him shall inquire into and determine the amount which contrary to the said provision was deducted from the remuneration of the employee concerned or recovered from him and shall then act with respect to the said amount mutatis mutandis in accordance with sections 28 and 29 of the Basic Conditions of Employment Act, 1983 (Act No. 3 of 1983), as if such amount is an amount underpaid within the meaning of those sections.
IN SHORT
The OHS Act 85/1993 squarely places a legal responsibility on you, the owner, of the business to provide for the health and safety of any persons who may visit or make use of your place of trade.
The Occupational Health and Safety Act also places a legal responsibility on every business to ensure that all employees have a safe and healthy working environment and that they are equipped to effectively handle any emergency that may occur at the workplace
Failing to provide for the health and safety of your employees according to provisions of this Act is a criminal offence, and upon conviction you could face a fine and/or imprisonment
