Abstract:
The Workplace Safety and Health Act  came into effect on 1 March 2006 and with its coming into force, the former Factories Act  was repealed. While there are a few similarities between the two statutes, more notable are the differences. For instance, unlike in the case of the former Factories Act, a breach of the Workplace Safety and Health Act does not give rise to civil liabilities.  It only gives rise to criminal liabilities. On the other hand, the Workplace Safety and Health Act extends the categories of persons who owe health and safety duties at the workplace. It also extends the categories of persons who receive statutory protection. The aim of this article is to, at a broad level, examine the framework and at a more specific level, address the various possible uncertainties and issues that can arise under the Workplace Safety and Health Act. Unless otherwise stated all sections and acts referred to in this article are with reference to the Workplace Safety and Health Act.