Klass Looch Associates is dedicated to providing Employers and Users of Plant & Machinery with sound legal advice based on decades of experience both (OHS) prosecutorial and defence. Drawing on years of experience as head of the (former) Occupational Safety Court, Advocate Raynard Looch has an exceptionally high success rate in defending Employers and Users. He believes that thorough preparation is key in this regard. Preparation for OHS or MHS Act investigations and Inquiries - post a reportable incident - must commence immediately in order to steer a defence in a credible direction, prevent unnecessary self-incrimination and to prevent unethical and often unlawful behaviour by the Inspectorates. He also has a reservoir of technical experts to draw on.
Advocate Raynard Looch has a keen legal academic appetite and enjoys imparting knowledge to others. He has served and serves on various Technical Committees which reviews and comments on draft OHS legislation and has also provided training to DEL inspectors. The new Chief Inspector has expressed his gratitude to Advocate Looch for his contribution to occupational health and safety matters and his regular unwavering and vocal criticism of proposed legislation as well as abuse of power by individual inspectors. He provides free advice to the 14 000 members of SAIOSH via the OHS Legal Advice Forum and participates in SAIOSH OHS Workshops free-of-charge. Although a dedicated employer champion, he also routinely assists individuals who have become victims of bureaucratic behaviour by inspectorates who, in turn, often have a misguided interpretation of their powers. He has literally presented thousands of Open and In-house Legal Liability Workshops which have been universally applauded.
DEL & the MHS Inspectors often fail to realise that their actions are subject to the Constitution and the Promotion of Administrative Act (PAJA) and therefore must be transparent, reasonable and proportionate. Some of the cases on the menu (left) are indicative of their abuse of power. Advocate Looch has been advocating for more transparency particularly regarding DEL Investigations and Inquiries and to bring them in alignment with the more Constitutionally palatable MHS Act
‘I’d rather have people who challenge the law….Thank you for the tremendous role & impact SAIOSH & individuals are making & challenges they make to DEL’. Phumi Maphaha Chief Inspector 10/06/2022.