The Occupational Health and Safety Act Explained for South African Employers

What is the Occupational Health and Safety Act?

The Occupational Health and Safety Act, 85 of 1993 (“OHSA”) is the primary piece of legislation in South Africa governing workplace health and safety. It applies to almost every workplace in the country and places clear duties on employers to ensure a working environment that is safe and without risk to the health of employees.

The OHSA is enforced by the Department of Labour (DoL) through workplace inspections, investigations, and (where necessary) criminal prosecution.

Purpose of the OHSA

The OHSA aims to:

• Protect the health, safety and welfare of all persons at work

• Safeguard other people who may be affected by workplace activities

• Promote a culture of safety through proactive risk management

• Provide for the enforcement of safety standards via inspections and penalties

Who Must Comply with the OHSA?

OHSA applies to:

• Employers – regardless of size or industry

• Employees – who have duties to follow safety rules and report hazards

• Self-employed persons – where workplace risks affect others

Whether you operate a small office or a large industrial plant, you have obligations under the OHSA.

Employer Duties Under the OHSA

Section 8 of the OHSA sets out the general duties of employers, including:

• Providing and maintaining a safe working environment

• Identifying hazards and assessing risks

• Implementing preventative and corrective measures

• Providing training, information, and supervision

• Supplying and maintaining safe equipment and machinery

• Ensuring compliance with all applicable regulations (e.g. Construction Regulations, General Machinery Regulations)

Legal Appointments Required

The OHS Act and its regulations require formal written appointments of competent persons to carry out certain safety functions. Examples include:

• Section 16(1) – CEO as the person accountable for OHS

• Section 16(2) – Delegation of OHS responsibilities

• Construction Regulations 8(1) – Construction Manager

• GMR 2(1) & (7) – Competent persons for machinery safety

Incident Reporting Obligations

Under Section 24, certain workplace incidents (including serious injuries, deaths and dangerous occurrences) must be reported to the DoL immediately and investigated. Failure to report is a criminal offence.

Penalties for Non-Compliance

Employers who fail to comply with the OHS Act risk:

• Fines of up to R50,000 (or higher under certain regulations)

• Imprisonment of responsible persons for up to 12 months

• Stop-work orders from inspectors

• Potential civil liability for damages

Why Compliance Makes Business Sense

Compliance is not just about avoiding penalties, it:

• Reduces accidents, injuries and downtime

• Protects your company’s reputation

• Improves employee morale and productivity

• Helps win contracts that require proof of OHS compliance

How Barter McKellar Can Help

Our Occupational Health and Safety legal team can assist with:

• OHS Act compliance audits

• Drafting and implementing Health and Safety Policies and Manuals

• Preparing and formalising legal appointments

• Advising on incident management and reporting

• Representing clients in DEL investigations and prosecutions

Final Takeaway

The OHS Act is a non-negotiable legal requirement for South African employers. Understanding your duties and putting practical measures in place, is the key to protecting your employees, your business and your reputation.