Health and Safety Manuals and Legal Appointments in South Africa: A Complete Guide for Employers

Why Health and Safety Compliance Matters

In South Africa, the Occupational Health and Safety Act, 85 of 1993 (“OHSA”) places a clear duty on employers to provide and maintain a working environment that is safe and without risk to the health of employees. Failure to comply not only risks serious injury or loss of life, but also exposes your business to criminal prosecution, civil liability and reputational harm.

Two of the cornerstones of OHS compliance are:

1. Having a comprehensive Health and Safety Manual; and

2. Making the correct legal appointments under the OHSA and its regulations.

What is a Health and Safety Manual?

A Health and Safety Manual is a tailored document that sets out your company’s policies, procedures and responsibilities for maintaining workplace safety. In South Africa, there is no “one size fits all” template, your manual must be customised to your industry, workplace hazards and operational structure.

A compliant Health and Safety Manual typically includes:

• Company health and safety policy statement

• Roles and responsibilities of employees and management

• Hazard identification and risk assessment (HIRA) procedures

• Safe work procedures for high-risk tasks

• Emergency response and evacuation plans

• Incident and accident reporting procedures

• Training and induction requirements

• Legal appointments and their functions

Legal Appointments Under the OHSA

The OHSA and its regulations require certain legal appointments to be made in writing. These appointments delegate specific statutory responsibilities to competent persons.

These appointments must be in writing, signed by both parties, and the appointee must be competent to fulfill the duties assigned.

Why Both the Manual and Appointments Must Work Together

Having a manual without proper appointments (or appointments without a guiding manual) is incomplete compliance. The Health and Safety Manual gives your workplace the “what” and “how”, while the legal appointments allocate the “who”.

Businesses can be prosecuted despite having safety documents, simply because the statutory appointments were not made or were defective.

Consequences of Non-Compliance

Non-compliance with the OHSA can lead to:

• Department of Employment and Labour enforcement notices

• Criminal prosecution of directors and managers

• Civil claims from injured employees or third parties

• Suspension of operations until compliance is achieved

How Barter McKellar Can Help

Our Health and Safety Law team can:

• Draft or update your Health and Safety Manual to align with the OHSA and industry-specific regulations.

• Prepare and formalise all legal appointments required for your operations.

• Conduct compliance audits and gap analyses.

• Provide training to your appointed staff on their statutory duties.

• Represent your company in dealings with the Department of Employment and Labour.

Get Compliant, Stay Protected

If your business operates in South Africa, health and safety compliance is not optional, it’s a legal and moral obligation. A tailored Health and Safety Manual, combined with valid legal appointments, is the foundation of workplace safety and legal risk management.

Contact Barter McKellar today for expert assistance in drafting, implementing and maintaining your OHS compliance framework.