Your Legal Duties When a Workplace Accident Happens in South Africa

Why Workplace Accident Compliance Matters

In South Africa, workplace accidents are not only a human tragedy, they can also trigger serious legal consequences for employers. The Occupational Health and Safety Act, 85 of 1993 (“OHSA”) imposes strict duties on employers to manage incidents effectively, report them to the right authorities and take corrective action.

Failure to comply can result in:

• Criminal prosecution of directors and managers

• Fines and imprisonment under the OHSA

• Civil liability for damages

• Reputational damage and operational disruption

Knowing exactly what to do when an accident happens can protect both your people and your business.

Step 1: Ensure Immediate Medical Attention

Your first priority is the safety and health of the injured person. This means:

• Stopping work in the affected area

• Calling emergency medical services if required

• Providing first aid using trained personnel

• Ensuring safe evacuation from hazardous conditions

Step 2: Secure the Accident Scene

Once medical needs are addressed, you must preserve the scene for investigation.

• Prevent unauthorised access

• Do not move equipment unless necessary for safety

• Take photographs and video of the area

This is vital because inspectors from the Department of Labour (DoL) may visit, and you will need evidence for your internal investigation.

Step 3: Report the Incident to the Department of Labour

Under Section 24 of the OHSA, certain incidents must be reported to the DoL immediately. This includes:

• Death of any person at work

• Serious injury requiring medical treatment

• Incidents involving dangerous machinery or hazardous substances

• Collapse or failure of structures or equipment

• Fires, explosions, or release of toxic materials

You must:

1. Notify the DoL immediately; and

2. Submit a written report (WCL 1 form) within the prescribed time.

Failure to report is a criminal offence.

Step 4: Conduct an Incident Investigation

The employer must appoint a competent person (often in terms of General Administrative Regulation 9) to investigate the incident.
The investigation should:

• Identify the root cause of the incident

• Recommend corrective actions to prevent recurrence

• Be documented in an incident investigation report kept for the minimum prescribed periods

Step 5: Take Corrective Action

The purpose of reporting and investigation is prevention. Based on your findings:

• Update risk assessments (HIRA)

• Revise safe work procedures

• Provide refresher training to employees

• Repair or replace faulty equipment

Legal Consequences of Non-Compliance

Employers who fail to comply with incident management duties face:

• Fines of up to R50,000 per offence (or more under amended legislation)

• Imprisonment for up to 12 months for serious contraventions

• Personal liability of directors under Section 16 of the OHSA

How Barter McKellar Can Help

Our OHS legal team assists businesses in:

• Drafting compliant incident reporting procedures

• Appointing and training competent persons for investigations

• Representing companies in Department of Labour investigations

• Managing legal risks arising from workplace accidents

Final Takeaway

When a workplace accident happens in South Africa, the law is clear: you must respond quickly, report correctly and take steps to prevent it from happening again.
A proactive approach to incident management and reporting is not just about legal compliance, it’s about protecting your employees, your reputation, and your bottom line.