The term ‘premises’ is used in law as touching and concerning the land and the buildings or structures upon it, real or personal, and all machinery, fixtures, fuel, and other items pertaining to or interconnected with the premises. The definition of premises in law is, therefore, a legal term that can be used when talking about where the responsibilities and obligations may lie with respect to physical locations. In having a clear idea of where the boundaries of your liability lie, you also have a good understanding of the demands that can be made of you.
Shree Flameproof is a store for flameproof / explosion proof electrical fittings. With industrial and other premises of factories falling into its sales sphere, safety of the employees and the factory premises is brought into the ambit of its operations.
Having safety protocols and systems in place in any corporate environment is vitally important because it determines how the corporation will deal with accidents and/or emergency situations. Part of this plan should include an appropriate response for the physical location, the equipment and fixtures thereon, the persons present in such premises (including members of the public and clients), and routes of egress.
The legal definition of premises provides context to all of the above-mentioned aspects. Depending on the location(s), different laws may apply. Touching and concerning the land for example, would mean that the relevant laws may be in the principal laws of property ownership and lease agreement termination or eviction.
In determining the safety mechanisms needed in the factory of a particular premise, it is important to know that legal definitions of certain structures, such as electrical installations under the Occupational Health and Safety Act 85 of 1993, require that the electrical installations are maintained in good condition and repaired after any damage to a structure.
This extends as far as ensuring that no combustible material are placed, stored or allowed to accumulate in the vicinity of the approach to the switchboard or control panel in such a way as as could result in the ignition of such materials and adjacent to the installation.
The scope of ‘legal premises definition’ is not limited to its definitions of property and fixtures. In the context of physical places, it extends to human resources and employment regulations.
This relates to various factors such as work hours, codes of conduct and ethical behavior. For example, it is expected of all personnel that processes for reporting incidents will be followed, based on the premise that any deviations from indicated protocol may result in reduced safety and insurance cover. If this were to take place, breaches in the safety regulations would not be indemnified.
It is important to keep in mind that even though many components of industrial safety may be strictly regulated by law, the details may be indicated for the premises and/or precincts concerned. Safety systems and incident protocols cannot be assumed to be uniform across premises.
For example, in terms of protecting access to certain areas of the premises, industry norms may supersede the legal definition and conditions of access under the common law. This extends even to payments and taxes, such as where employees are paid minimum wages, or tax thresholds are breached.
Legal precedents and premises laws indicate that non-compliance with rules and regulations may result in any provisions making reference to these standards, being interpreted as limitations on access to certain legal remedies. Similarly, by exceeding legal provisions, such access may not be allowed.
Being aware of and conversant with all applicable premises laws, plant safety codes and standards, and guidance on occupational health and safety will assist in the implementation of safety policies and regulations where relevant, as well as in the identification of areas requiring review and adjustment to improve compliance and safety.
By regulating how businesses and corporations conduct their business affairs and maintain their premises, structure and processes – all of which under normal circumstances fall in the physical location or precincts of the workplace – accountability is ensured in the event of injuries, fatalities or loss of property.
It is only when such loss occurs that the extent and impact of the legal obligations of the business and its employees come to light. For this reason, the premises laws and definitions are essential to safeguard the business in the event of legal action following loss or harm.
For more information on workplace safety regulations, you can visit OSHA.
