Health and safety requirements in the workplace are set by the Occupational Health and Safety Act 85 of 1993 (OHS Act), which the Department of Employment and Labour administers. The core duty is that an employer must provide and maintain, as far as reasonably practicable, a working environment that is safe and without risk to the health of employees (section 8(1)).
Beyond that general duty, larger workplaces must designate health and safety representatives and set up health and safety committees. Mines fall under the Mine Health and Safety Act instead.
Business Requirements at a Glance
- Safe workplace — the employer must provide and maintain a safe working environment without risk to health, as far as reasonably practicable (section 8(1)).
- More than 20 employees at a workplace — the employer must designate health and safety representatives in writing (section 17(1)).
- Two or more representatives — the employer must establish one or more health and safety committees (section 19(1)).
- Committee meetings — at least once every three months (section 19(4)).
- Chief executive officer — responsible for making sure the employer’s duties are discharged (section 16).
Registration and Legal Requirements
The OHS Act places legal duties on the employer. These are the ones the Act itself states:
- Section 8 — the general duty to keep the workplace safe and healthy as far as reasonably practicable.
- Section 16 — the chief executive officer must ensure the employer meets the duties under the Act, and may assign any duty to a person under his or her control.
- Section 17 — representatives where there are more than 20 employees at a workplace.
- Section 19 — a committee where two or more representatives have been designated.
Regulations made under the Act can add specific duties for particular kinds of work. Ask the Department which regulations apply to your type of workplace.
Documents and Ownership Information Required
The Act requires the designation of health and safety representatives to be in writing and for a specified period, so keep a written designation for each representative. Keep a record of committee meetings too, so that you can show they took place at least every three months.
Section 16 lets the CEO assign a duty to someone under his or her control. The text of the Act does not prescribe a form for the assignment, but a written record is the sensible way to show who is responsible for what.
Tax, Licence and Compliance Requirements
There is no licence or tax involved in the general OHS Act duties above. Compliance means meeting the duties in sections 8, 16, 17 and 19, and any regulations that apply to your work.
Other rules, such as sector-specific regulations, sit outside the sections summarised here. Check with the Department of Employment and Labour which of them apply to your business, and what penalties apply, before you rely on any figure.
Process, Deadlines and Ongoing Obligations
- Work out how many people you employ at each workplace. More than 20 at one workplace triggers the duty to designate representatives.
- Designate representatives in writing for a specified period. You need at least one for every 100 employees or part of 100 in shops and offices, and at least one for every 50 employees or part of 50 in all other workplaces (section 17(5)).
- If you designate two or more, establish a health and safety committee.
- Hold committee meetings as often as necessary, and at least once every three months.
- Keep the working environment safe and without risk to health on an ongoing basis.
Frequently Asked Questions
What are the health and safety requirements for a workplace in South Africa?
The employer must keep the workplace safe and healthy as far as reasonably practicable (section 8), designate representatives once it has more than 20 employees at a workplace (section 17), and establish a committee when two or more are designated (section 19).
Who is responsible for workplace safety?
The employer carries the duty. The chief executive officer must make sure the employer’s duties are discharged and may assign a duty to a person under his or her control (section 16).
When must I appoint health and safety representatives?
When you have more than 20 employees at any workplace. You need at least one representative per 100 employees or part of 100 in shops and offices, and per 50 employees or part of 50 in all other workplaces.
How often must a health and safety committee meet?
As often as necessary, but at least once every three months.
Does the OHS Act apply to mines?
No. Mines are covered by the Mine Health and Safety Act.
Confirm the current position with the Department of Employment and Labour at labour.gov.za. See also our guide to company registration requirements and browse all business and compliance requirements.