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Subscribe to our
bi-monthly
HPASA newsletter. |
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June 2010
ROAD ACCIDENT
FUND AMENDMENTS
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Twenty one months after
the Road Accident Fund Amendment Bill was
passed into legislation, it appears as though
little has changed and travellers on South
Africa's roads, specifically in the tourism
industry, still have reason for concern.
Unconstitutional
On 31 March 2010, the North Gauteng High
Court dismissed an application by various
industry stakeholders to have the RAF Amendments
declared unconstitutional. The specific
section, which is causing the controversy
is Section 21, which abolishes the accident
victim's common law right to claim damages
for his or her personal injuries from the
wrongdoer. |
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Strong Recommendation
It is now evident that this matter will need to
go to the Constitutional Court. In the meantime,
SATIB Risk Solutions' MD Gavin Courtenay, is strongly
recommending that his clients maintain their Passenger
Liability insurance cover. "It could happen
that you or one of your employees causes a major
motor vehicle accident where several people are
severely injured. This could result in a multi-million
Rand claim, which you would have to settle personally."
Wait for Findings
It is hoped that the Constitutional Court will
find Section 21 unconstitutional and that accident
victims will retain their common law right to
sue the wrongdoer. Wayne Forrester of Savage,
Jooste and Adams Attorneys says that "It
is important not to underestimate the number of
motor vehicle accidents and the claims that arise
from them. The Pretoria High Court sees 75 personal
injury, motor vehicle related cases on a daily
basis."
Local Tourism Operators
What is of greater concern for local tourism operators
is that European legislation such as the Package
Travel, Package Holidays and Package Tour Regulations
of 1992 state that accident victims injured in
a foreign country whilst on holiday can claim
against their European tour organiser.
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means that we are likely to see more claims
being made against SA operators as foreign
tour operators try to recover payments they
have made as claims to accident victims
in Europe. |
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| Back to Top | ----------------------------------------------------------------------
June 2010
MITIGATE YOUR
RISKS DURING THE 2010 WORLD CUP |
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With hundreds
of thousands of foreign visitors pouring
into the country from the end of this month,
it is well worth examining your risks and
attempting to limit them.
Threat to Liability
Many tourism and hospitality operators
would like to believe that incidents are
few and far between but SATIB's 24 hour
Crisis Call facility itself manages at
least thirty incidents a day. The threat
of liability exposure is constant and
with the influx of tourists, this threat
will be even bigger.
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Basic Steps to Keeping Guest Safe
Guests believe that they are paying for the privilege
of being safe.
There are six basic steps that can make
your guest's environment safer - they are:
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Induction of staff
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All staff need to be
familiar with their working environment
and procedures. New staff should be
given an induction pack which should
include relevant safety and emergency
procedures. |
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Walking through the
establishment and operation and being
shown all of the safety aspects is
recommended. |
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All staff should be
aware of potential dangers within
each department, such as front of
house, back of house, housekeeping,
etc |
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| 2. |
Guest orientation and indemnity
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Guests should be given
a quick orientation talk on their
way to their rooms. This should not
be an alarmist list of do's and don'ts
but just a highlighting of potential
dangers. |
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It is a good idea to
put together a standard orientation
chart and list of emergency procedures
for each guest. |
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| 3. |
Conduct of activities - |
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Briefings are a must,
regardless of whether the guest has
done the activity before. |
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| 4. |
Risk focus - risk management should
be ongoing. |
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Staff should always
be on the lookout for anything dangerous
(e.g. broken ballistrade) and they
should report it to management immediately.
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Safety signs should
be used where applicable and unauthorised
people should not be allowed into
work areas. |
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Safety and emergency signs and
numbers - |
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These enable staff
and guests to act quickly should an
emergency occur. A compulsory sign
should be the one at the entrance
to the establishment or operation
with a disclaimer or waiver. |
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A sign that highlights
potential hazards is also a good idea
- this could include environmental
as well as safety issues. |
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Adapting safety procedures - |
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Go through your workplace
and determine what type of injuries
will occur. |
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Put a plan in place
and inform all staff of their roles
and responsibilities within the plan. |
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