Risk Management - Mine And Occupational Health And Safety 2010 - 1 The Common Law

The common law requires an employer to take reasonable steps for the safety of employees. In general, the duty of care means that the employer, acting personally or through its employees or agents, must take reasonable care for the safety of its employees (Van Deventer v Workmen?s Compensation Commissioner; 1962 (4) SA 28 T; Oosthuizen v Homegas (Pty) Ltd 1992 (3) SA 463 T).The duty of care includes the provision of safe premises, safe machinery and tools and a safe system of work. The obligation is not an absolute one, but is restricted by the concept of reasonableness. The common law duty may, in certain cases, include the assessment of hazards and risks. 2 International law Great emphasis has been placed in the Western world on the prevention of occupational diseases and injuries. Detailed statutes and regulations govern specific industries in many countries. See, e.g. the Control of Substances Hazardous to Health Regulations of the United Kingdom and various regulations applicable to the use of asbestos and lead, fire protection, mines and quarries, petroleum, etc. Risk management is an important part of managing health and safety. In the United Kingdom, the Management of Health and Safety at Work Regulations, 1999, require every employer to make a ?suitable and sufficient assessment of the risks to health and safety of his employees to which they are exposed whilst they are at work?. The particularity of the assessment is determined by the risk in question.