Occupational health and safety requirements in South Africa come mainly from the Occupational Health and Safety Act 85 of 1993 and its regulations. Every employer must provide and maintain a working environment that is safe and without risk to employees’ health, as far as is reasonably practicable. That includes a small office, a shop or a salon.
What changes with size is which specific duties apply: first aid, health and safety representatives, a committee and a copy of the Act on site all depend on how many employees you have at a workplace. The thresholds below come from the Act and regulations as published; confirm the current wording with the Department of Employment and Labour.
Business Requirements at a Glance
- Safe workplace and information, instruction, training and supervision for employees (section 8)
- Risk evaluation of conditions arising from your activities, and steps to make them safe (General Safety Regulations, regulation 2)
- First aid box where more than five employees work at a workplace; first aiders where more than 10
- Copy of the Act and regulations available at the workplace if you have five or more employees
- Health and safety representatives where you have more than 20 employees; a committee where two or more are designated
- Incident reporting and records
- COIDA registration if you have one or more employees
- No charging employees for anything the Act requires you to provide
Registration and Legal Requirements
The Occupational Health and Safety Act 85 of 1993 sets the general duty in section 8. The chief executive officer must ensure the employer’s duties are properly discharged (section 16(1)) and may assign any duty to a person under their control, but doing so does not shift responsibility or liability (section 16(2)). The Act does not say the assignment must be in writing, although recording it is sensible.
Health and safety representatives. An employer with more than 20 employees at a workplace must designate representatives in writing for a specified period (section 17). Only full-time employees who are acquainted with the conditions and activities at the workplace or section can be designated. You need at least one representative per 100 employees (or part of 100) in shops and offices, and at least one per 50 (or part of 50) in all other workplaces. An inspector may direct a different number, including for workplaces with 20 or fewer employees.
Health and safety committee. A committee must be established for each workplace where two or more representatives have been designated, and it must meet at least once every three months (section 19). You must provide a suitable meeting place and keep committee records for at least three years (Administrative Regulations, regulation 5).
Written health and safety policy. This is not an automatic requirement for every employer. Under section 7 the Chief Inspector may direct an employer, or a category of employers by notice in the Government Gazette, to prepare one; it must then be signed and displayed where employees report for service.
Paying for safety. Section 23 forbids deducting from an employee’s pay, or requiring or permitting any payment, for anything the Act requires you to provide in the interest of health or safety. The only exception is intentional damage to safety equipment, recovered after a proper investigation.
Documents and Ownership Information Required
- A copy of the Act and relevant regulations kept readily available at the workplace if you have five or more employees; below five, make a copy available on an employee’s request
- A documented risk evaluation for your activities
- Written designations of health and safety representatives, where required
- Committee records, kept for at least three years
- A first aid box stocked as the regulations require, and a notice showing where it is kept and who is in charge
- Certificates for appointed first aiders
- An incident record in the form of Annexure 1 to the Administrative Regulations, kept for at least three years
- COIDA registration and, where needed, a letter of good standing
Tax, Licence and Compliance Requirements
Risk evaluation. Every employer must evaluate the risk attached to any condition or situation arising from its activities to which persons are exposed, and take the steps necessary to make it safe (General Safety Regulations, regulation 2(1), as amended in March 2025).
First aid. Where more than five employees work at a workplace you must provide a first aid box, stocked with at least the equipment listed in the regulations. Where more than 10 employees work there, a person holding a valid first aid certificate from an organisation approved by the Chief Inspector must be readily available during normal working hours, for every group of up to 50 employees, or up to 100 in a shop or office. The first aider regulation was substituted on 5 December 2025 and the new wording could not be read, so check the current version.
COIDA. All employers with one or more employees must register with the Compensation Fund. To get a letter of good standing, you must be registered, have submitted your returns of earnings, have them assessed and have settled any outstanding debt. The Compensation Fund states a turnaround of five days. Use the Compensation Fund online submissions page.
Skills Development Levy. Employers pay 1% of total salaries, except employers whose leviable amount over the next 12 months will not exceed R500 000. See SARS.
Inspections and penalties. An inspector may prohibit a use or activity, and may direct an employer in writing to take specified steps within a specified period where health or safety is threatened or a regulation is not complied with (section 30). You must bring any prohibition, direction or notice to the attention of representatives and employees. The 1993 Act set fines of up to R50 000 or one year’s imprisonment for general offences, and up to R100 000 or two years where an act or omission causes injury that would have been culpable homicide had death resulted. Those figures may since have changed, and the 2025 General Safety Regulations amendment sets a fine of up to R1 000 or six months for contravening the listed regulations. Confirm current penalties with the Department.
Process, Deadlines and Ongoing Obligations
Incidents. Notify the provincial director on form WCL 1 or WCL 2 within seven days of an incident reportable under section 24 of the Act. That covers a death, loss of consciousness or a limb, or an injury or illness likely to cause death or a permanent defect, or to leave a person unable to work or continue the activity for at least 14 days. It also includes major incidents and certain dangerous occurrences, such as a dangerous substance spill, a pressurised release or machinery that fails or runs out of control. Where a person dies, loses consciousness or a limb, or is likely to die or suffer a permanent defect, report immediately by telephone, fax or similar means.
Where a person dies, is likely to die or loses a limb or part of a limb, nobody may disturb the incident site or remove anything without an inspector’s consent, except to prevent a further incident, remove the injured or dead, or rescue people. This does not apply to traffic accidents on public roads or incidents in private households.
Investigation and records. Investigate each reportable incident, and any incident needing medical treatment beyond first aid, within seven days, finalising as soon as reasonably practicable. Keep the record for at least three years. The health and safety committee must examine the incident record at its next meeting.
Follow this order in practice:
- Evaluate the risks in your workplace
- Count employees at each workplace to see which duties apply
- Provide a first aid box and, above 10 employees, first aiders
- Designate representatives and set up a committee if you cross the thresholds
- Register with the Compensation Fund
- Keep incident and committee records for at least three years
Frequently Asked Questions
What are the occupational health and safety requirements for a small business?
The general duty to provide a safe workplace applies to every employer. A first aid box is required above five employees, a copy of the Act on site from five employees, and first aiders above 10. Representatives are required above 20 employees, although an inspector can direct them for a smaller workplace.
Do I need an occupational health and safety certificate?
The Act does not require an employer to hold an OHS certificate. First aiders need a valid first aid certificate. Safety practitioners can pursue a SAQA-registered qualification, currently the Level 5 Higher Occupational Certificate: Occupational Health and Safety Practitioner (SAQA ID 121527, 120 credits). The older 256-credit certificate stopped being registered on 30 December 2025, with last enrolment on 30 December 2026.
Who pays for occupational health and safety training?
The employer. Section 8 requires you to provide training, and section 23 prevents you charging employees for it. Time spent by representatives on their functions and training counts as time at work.
What does OHS stand for?
OHS means occupational health and safety. In South Africa it is governed by the Occupational Health and Safety Act 85 of 1993 and its regulations, administered by the Department of Employment and Labour.
When must I report an incident?
Within seven days on form WCL 1 or WCL 2 for incidents under section 24, and immediately by telephone or similar means for the most serious cases, as set out above.
Do I need a health and safety committee?
Only where two or more representatives have been designated at a workplace. It must meet at least once every three months.
The Department of Employment and Labour administers the Act and publishes the regulations, so confirm the current requirements with it. See business and compliance requirements and browse company registration requirements.