Workplace health and safety in South Africa is governed by the Occupational Health and Safety Act 85 of 1993 (OHSA) and its regulations, with mines falling instead under the Mine Health and Safety Act 29 of 1996. The Act places the primary duty on the employer, and it is enforced by inspectors from the Department of Employment and Labour.
The obligations are not optional or scaled to convenience. Non-compliance is a criminal matter, and directors and managers can be personally liable where a failure is attributable to them.
Business Requirements at a Glance
Every employer covered by the Act carries the following core duties.
- Provide and maintain a working environment that is safe and without risk to health, as far as is reasonably practicable
- Identify hazards and assess risks, and take steps to eliminate or mitigate them
- Provide the necessary information, instruction, training and supervision
- Provide personal protective equipment free of charge where risks cannot otherwise be eliminated
- Appoint the health and safety personnel the Act and regulations require
- Report incidents to the Department of Employment and Labour as required
- Register with the Compensation Fund under COIDA and pay the annual assessment
Registration and Legal Requirements
Appointments are where most small employers fall short. The Act and its regulations require specific written appointments, and a verbal instruction does not satisfy them.
Where an employer has more than 20 employees, health and safety representatives must be designated in writing, and the Act sets out how many are required relative to the number of employees. Where two or more representatives are designated, a health and safety committee must be established, and it must meet at the intervals the Act prescribes and keep records.
Section 16(2) allows a chief executive officer to assign specific duties to a person in writing, and that assignment is one of the documents an inspector will ask for. Other regulations require further specific appointments — first aiders, fire equipment personnel, incident investigators, and competent persons for particular equipment or work.
Construction work carries a separate and heavier regime under the Construction Regulations, including client duties, notification of the department for defined projects, appointment of construction health and safety officers, and health and safety files.
Documents and Ownership Information Required
An inspector arriving at a workplace will ask for documents. These are what to have.
- Copy of the Occupational Health and Safety Act displayed or available in the workplace
- Written section 16(2) assignment, where applicable
- Written appointments of health and safety representatives, first aiders and other required appointees
- Health and safety committee minutes and attendance records
- Risk assessments for the activities carried out
- Records of induction and safety training, signed by employees
- Records of personal protective equipment issued
- Incident register and copies of incident reports submitted
- Equipment inspection and maintenance records, including for pressure equipment, lifting equipment and electrical installations
- Letter of good standing from the Compensation Fund
- Emergency evacuation plan and records of evacuation drills
Tax, Licence and Compliance Requirements
Compensation Fund registration is compulsory for employers under the Compensation for Occupational Injuries and Diseases Act 130 of 1993. Employers register, submit an annual return of earnings, and pay an assessment. In return, employees injured or made ill at work are compensated by the Fund rather than suing the employer.
The letter of good standing issued by the Fund is required for many tenders and contracts, and clients increasingly ask for it. An employer with an outstanding return of earnings cannot obtain one.
Incident reporting. Certain incidents must be reported to the Department of Employment and Labour, including those causing death, serious injury, or an employee being unable to work for a defined period, as well as defined dangerous occurrences. Reporting timeframes are prescribed and are short. Confirm the current thresholds and forms with the department.
Sector-specific regulations add further requirements: hazardous chemical substances, noise-induced hearing loss, asbestos, lead, hazardous biological agents, driven machinery, electrical installations, pressure equipment, environmental regulations for workplaces, and facilities regulations covering sanitation and drinking water. Identify which apply to your operation rather than assuming the general duties are the whole picture.
Process, Deadlines and Ongoing Obligations
Compliance is continuous rather than a once-off exercise. Risk assessments must be reviewed, training refreshed, committee meetings held, equipment inspected and records kept.
An inspector may arrive unannounced, may issue prohibition or contravention notices, and may close an operation where there is a threat to health or safety. Prosecution follows serious failures.
- Identify which regulations apply to your specific operation, not just the general duties
- Make the required appointments in writing and keep signed copies
- Do risk assessments and review them when anything changes
- Train employees and keep signed training records
- Register with the Compensation Fund and keep the letter of good standing current
- Know the incident reporting thresholds and timeframes before you need them
- Hold health and safety committee meetings and minute them
- For construction work, apply the Construction Regulations specifically
- Confirm current requirements with the Department of Employment and Labour
Frequently Asked Questions
Who is responsible for workplace safety?
The employer carries the primary duty under the Occupational Health and Safety Act. Employees also have duties, and directors and managers can be personally liable where a failure is attributable to them.
Do I have to pay for protective equipment?
Yes. Where personal protective equipment is required, the employer must provide it free of charge. Deducting the cost from wages is not permitted.
When must I appoint health and safety representatives?
Where the number of employees exceeds the threshold in the Act, representatives must be designated in writing, and a committee established where two or more are designated. Confirm the current thresholds with the department.
What is a letter of good standing?
Confirmation from the Compensation Fund that an employer is registered and up to date with returns and assessments. It is commonly required for tenders and contracts.
Duties, thresholds, reporting timeframes and sector regulations are set in the Occupational Health and Safety Act and its regulations and are amended. Confirm current requirements with the Department of Employment and Labour.