OHS Chat

It’s that time of the year already. Party time. Intoxication time. And while most of you know that it is a criminal offence to drive a motor vehicle on a public road while intoxicated, some may not know that it’s also a crime to work while intoxicated? Worse still it’s a crime even to sip alcohol at the workplace, possess or even offer anyone alcohol at the workplace. So what about all those boozy Christmas parties at your company pub or the equally boozy lunches where you stumble back to the office looking like sh#$? By this time you have already lost the little dignity you possessed, flirted with all the wrong colleagues, declared undying love to your boss and boonop you are now a common criminal! General Safety Regulation 2A(2) states that no person at a workplace shall be under the influence of or have in his or her possession or partake of or offer any other person intoxicating liquor or drugs.

So what to do? Someone is force-feeding you alcohol, you must go back to your workplace and you knew – before everything became fuzzy and lovely – that you cannot be intoxicated at the workplace. Simple. Don’t perform work when you get back! If you really must go back to the office, lock the door and sleep. If you are sleeping in your office then that area that you call your office is not your workplace as defined since you are not performing any work! Section 1(lvii) of the OHS Act defines a workplace as meaning any premises or place where a person performs work in the course of his employment. For all other OHS Act definitions click here.

Having said the above, here comes the indemnity or disclaimer. Subscriber Newsletter of March 2003 also deals with indemnities. Nothing that I have said must be construed as encouraging persons to drink at work and I will accept no responsibility or liability for any injury or damages which result from persons drinking alcohol at work. He he.

I have explored the topic of intoxication before in my Subscriber Newsletter of July 2003 but thought it appropriate to refresh everyone’s memories at this time.

A sober note. Juliette, my personal assistant, will be leaving at the end of November of many years of dedicated service. Like myself, I’m sure those of you who dealt with her on a regular basis will miss her efficient manner and friendly demeanour. I will only be recruiting a new personal assistant in the New Year so please be patient. I will screw-up.

I also need tell you that I will be touring the country, preaching the OHS gospel, from Tuesday 18 November until 26 November. (I will be staying on to consume the intoxicating atmosphere of Cape Town after my swansong seminar there on 21 November). The website, which now boasts more than 204 000 hits, will therefore not be updated during this time. It will also be less frequently updated over the December holidays. Subscribers, you have already received your special newsletter and I remain at your service for emergencies during this period.

You will be interested to know that we have abandoned our complex (fee per head) formula which we used to determine the price of in-house seminars in favour of a fixed amount based on my hourly fee. Contact us for our new free structure which will constitute a huge saving if you have a large turnout. We have also introduced shorter tailored workshops which tackle various specific aspects of OHS legislation such as the Construction Regulations. If you book now for next year you will get an additional 10% discount! My thanks to Anchor Yeast, Foseco and Bateman for recent in-house seminars. I had my baptism-of-fire with Bateman yesterday on the Construction Regulations.

The electronic Law Report on Kriel v Premier, Vrystaat en Andere 2003 (5) SA 66 (O) is not yet available. This is a interesting civil case which has potentially serious liability ramifications for all occupiers of properties. Judge Hattingh held that the occupier of a property has a legal duty to take reasonable care that visitors to the property were not injured as a result of a dangerous situation created on the property. I will explore it in more detail later.

I think this may be my last OHS chat & skinner before the New Year so here’s wishing you all safe, sober and happy holidays. Don’t play around in the wind. It tends to blow structures away. The report on the marquee collapse which almost injured our beloved President and cause permanent paralysis to Suraya Scott has now been handed to the Gauteng Premier and some heads should be rolling in the wind. The collapse has been blamed on the wind.

As ever.

The Devil’s Advocate.

PS. Do infants enjoy infancy as much as adults enjoy adultery?

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