South Africa Occupational Health and Safety Act 85 of 1993 37: Acts or omissions of employees and mandataries: the employer or user is presumed to have done what its employee or mandatary did unless it proves the act was without its connivance or permission, outside the employee's authority and that all reasonable steps were taken to prevent it; written agreements on compliance arrangements with mandataries; employees and mandataries also liable themselves

What does 37 require?

Where an employee does, or fails to do, something that would be an offence for the employer or a user, the employer or user is presumed to have done or omitted it, and is liable to conviction and sentence, unless it is proved that the employee acted without the employer's connivance or permission, that the act was not within the scope of the employee's authority in any circumstances, and that the employer took all reasonable steps to prevent acts of that kind; merely issuing instructions forbidding such acts is not enough. The same applies to a mandatary (a contractor or agent) unless the parties have agreed in writing on arrangements and procedures ensuring that the mandatary complies with the Act. Employees and mandataries who commit such acts are themselves liable as if they were the employer or user, in addition to the employer, and the State's employees and mandataries likewise.