Retail | Legal Liability Training and OHS

The Retail Industry

At Digital Technology Solutions, it is a priority for us to ensure that retail personnel get adequate training. Be sure to follow our TRS Blog, for tips, tricks & discussions about the importance of Legal Liability training for Supervisors and the other Short Courses’ efficacy and appropriateness thereof in the Retail industry, as well as how this could also aid in the workplace. This blog focuses on the importance of proper training.  We will look at the following:

What is Retail?

Retail businesses sell items or services to customers for their consumption, use, or pleasure. They typically sell items and services in-store but some items may be sold online or over the phone and then shipped to the customer.

Legal Liability in Retail

Legal Liability Training – what is it? The word “liable” in law means to be answerable or responsible or “legally obligated” to perform or refrain from performing a task. It includes both civil and criminal law and can root from various areas of law. When talking about the prevention of occupational injuries and illness in the workplace, reference is made to the Occupational Health and Safety Act 85 of 1993 for general industry. Everything required from anyone involved in the workplace is outlined in this absolutely important Act, and will protect the employer and employee if it is strictly adhered to. All employees from the CEO to the janitors are employees of an organization and their occupational health and safety is protected by the Occupational Health and Safety Act 85 of 1993.

What is Legal Liability Training?

It ensures that the employer and employee(s) know what the OHS Act 85 of 1993 requires of them, what should be done in case a party fails to comply, as well as the consequences of failing to comply with the OHS Act.

There is no reason for the employer to not communicate about the OHS Act to the employees as a legal copy must be visibly displayed in the workplace, especially if more than five employees are working at that organization – this is as per Government Regulations.
Although legal liability training is not a legal requirement of the OHS Act, like First Aid and Health and Safety Representative, it is of utmost importance to ensure everyone understands it and is compliant with the Act to prevent injuries and accidents, fines, imprisonment or both! The legal liability repercussions of non-compliance with the Act can be seen in Section 38 of the Act.

What are the different Types of Liability?

There are many types of liability. The most prominent or important ones include the following:

• Criminal Liability
  This is where the State charges a person for a crime. This can be a common law crime such as murder and theft, or a statutory crime such as contravention of certain provisions of the Occupational Health and Safety Act.

• Civil Liability
  Where two or more persons (either natural or legal/juristic) mitigate against each other, normally for damage caused. Civil liability can also arise due to a breach in contract e.g. contractor is sued for being in breach of a health and safety agreement between two parties.

• Vicarious Liability
  This is where the employer is held liable for negligent acts of their employees.
  Strict liability – Strict liability is when someone is found liable for damages without being at fault or negligent. An example of strict liability would be when a guard dog bites an unsuspecting passerby.

W Legal Liability Training by TRS (PTY), Ltd.

Legal liability training should be focused on and adapted to the relevant industry for which the training is intended. It is pointless to include the Mine Health and Safety Act or even some of the Regulations of the Occupational Health and Safety Act e.g. the Diving Regulations when you are working in the Banking Sector. However legal liability training should still include a structured approach which includes the following:

• Knowledge and understanding of relevant legislation
• Requirements for being compliant
• Management controls needed to be compliant
• Record keeping:
  Keeping records is of crucial importance in order to have evidence that employers, employees and contractors are compliant with legal requirements! These records would include risk assessments, occupational health and safety training, organograms, inspection sheets, health and safety committee meeting minutes etc.
• Training and Communication
  The legal obligations of the employer to provide training as per the Occupational Health and Safety Act as well as the communication of Health and Safety must be explained. Legal compliance training includes First Aid, Health & Safety Representative, Basic Fire Fighting and Evacuation Procedures.

When everyone understands applicable legal legislation, it would prevent non-compliance due to misinterpretation, underestimation, misapplication, or simply ignorance which could end up in the loss of lives, damage to property or businesses being closed by the Department of Labour!