What is the OHS Act?

The Occupational Health and Safety Act (OHSA), Act 85 of 1993, is South Africa's primary legislation governing workplace health and safety. It applies to every employer and every workplace in the country, with the exception of mines (governed by the MHSA), ships, and some military activities.

The Act has one fundamental purpose: to provide for the health and safety of persons at work and others who may be affected by workplace activities.

Who Does the Act Apply To?

Employers

Every person who employs or provides work to another person. This includes:

Companies (large and small)
Government departments
Non-profit organisations
Sole proprietors with employees
Labour brokers

Employees

Every person who works for an employer, including:

Permanent employees
Temporary employees
Part-time workers
Learners and interns

Self-employed persons

Persons who work for themselves but may be affected by or affect others' health and safety.

Users of plant or machinery

Any person who uses workplace equipment, whether an employee or not.

Section-by-Section Summary

Section 7: Health and Safety Policy

Who it applies to: Employers with 20 or more employees.

What it requires:

A written health and safety policy
The policy must explain how the employer will protect workers' health and safety
Must be displayed in the workplace
Must be reviewed and updated as needed

Practical implication: Your policy should be more than a generic document — it should reflect your actual workplace risks and how you address them.

Section 8: General Duties of Employers to Their Employees

This is the most important section of the Act. It creates a broad duty on every employer to:

Provide and maintain a working environment that is safe and without risk to health
Identify hazards and establish precautionary measures
Provide information, instructions, training, and supervision
Not permit anyone to do work unless precautionary measures are in place
Enforce safety measures
Ensure that work done and equipment used do not endanger others
Provide PPE at no cost to the employee

The standard: The employer must do what is "reasonably practicable" — meaning what a reasonable employer in similar circumstances would do, considering the risk, the knowledge available, and the cost of measures.

Section 9: General Duties to Non-Employees

Employers must also ensure that persons not in their employment (visitors, contractors, members of the public) are not exposed to health and safety risks arising from workplace activities.

Section 10: General Duties of Manufacturers and Suppliers

Manufacturers and suppliers of articles and substances used in the workplace must:

Ensure they are safe when used correctly
Provide adequate information about hazards and precautions
Test and examine articles for safety

Section 12: Duties Regarding Premises

Persons in charge of premises must ensure they are safe for use as a workplace or for persons entering the premises.

Section 13: Duties of Designers and Constructors

Persons who design or construct buildings, structures, or equipment for use in a workplace must ensure they are safe when used for their intended purpose.

Section 14: Duties of Employees

Employees are not passive recipients of safety — they have duties too:

Take reasonable care of their own health and safety and that of others
Cooperate with the employer's safety measures
Report unsafe conditions, acts, and incidents
Do not interfere with or misuse safety equipment
Carry out lawful instructions regarding health and safety
Do not act recklessly in a way that could endanger others

Key point: An employee who ignores safety rules can be held personally liable.

Section 15: Duty Not to Interfere with Safety Equipment

No person may:

Intentionally or recklessly interfere with safety measures
Damage or misuse safety equipment
Obstruct health and safety processes

Section 16: CEO and Assigned Duties

Section 16(1): The CEO (or person in overall charge) is ultimately responsible for health and safety in the workplace. This cannot be delegated away.

Section 16(2): The CEO may assign specific duties to other persons in the organisation, but this must be:

In writing
To persons with the authority and resources to carry out the duties
Accepted by the assigned person

Section 17: Health and Safety Representatives

Required when an employer has 20 or more employees:

At least 1 representative per 50 employees
Must be full-time employees
Nominated or elected by employees
Powers include workplace inspection, investigation, and representation

Section 18: Functions of Representatives

Representatives can:

Review safety measures and report
Identify hazards and report
Investigate incidents with the employer
Inspect the workplace
Attend Health and Safety Committee meetings
Accompany inspectors during visits

Section 19: Health and Safety Committees

Where 2 or more representatives have been appointed:

A committee must be established
Must meet at regular intervals
Makes recommendations to the employer
Reviews safety performance

Section 20: Functions of Committees

The committee:

Makes recommendations regarding health and safety
Discusses incidents and preventive measures
Reviews risk assessments and safe work procedures
Keeps records of meetings and recommendations

Section 24: Report of Incidents

Employers must report to the Provincial Director:

Immediately: Fatal incidents
As soon as practicable: Incidents causing serious injury (unable to work for 14+ days)
Dangerous occurrences as specified in the regulations

The scene must not be disturbed except for rescue operations or to prevent further danger.

Section 25: Prohibition of Victimisation

No employer may:

Dismiss or discipline an employee for raising safety concerns
Discriminate against an employee who reports unsafe conditions
Victimise a health and safety representative for performing their functions

This is a critical protection that supports a healthy safety reporting culture.

Section 36: Powers of Inspectors

Department of Employment and Labour inspectors have wide powers:

Enter any workplace without notice
Examine, take samples, and take photographs
Require documents and information
Issue improvement notices (fix the problem within a set time)
Issue prohibition notices (stop the activity immediately if there is imminent danger)

Section 37: Liability of Employers and Managers

Directors and managers can be held personally liable for offences under the Act if they are found to have been negligent or to have condoned the offence.

Section 38: Penalties

Offences under Section 38 carry:

Fines up to R100,000
Imprisonment up to 2 years
Or both

Section 39: Increased Penalties

For more serious offences:

Fines up to R200,000
Imprisonment up to 2 years
Or both

Key Regulations Under the OHSA

The OHSA is supplemented by numerous regulations, including:

General Safety Regulations — first aid, housekeeping, stacking
General Administrative Regulations — incident reporting, record-keeping
Construction Regulations 2014 — construction-specific requirements
Environmental Regulations for Workplaces — ventilation, lighting, temperature
Hazardous Chemical Substances Regulations — chemical safety
Noise-Induced Hearing Loss Regulations — noise exposure limits
Driven Machinery Regulations — machinery safety
Electrical Installation Regulations — electrical safety
Pressure Equipment Regulations — boilers, pressure vessels, gas cylinders

How to Ensure Compliance

Know your duties — understand which sections apply to your workplace
Appoint competent persons — ensure all legal appointments are in place with qualified people
Conduct risk assessments — identify hazards and implement controls
Train your workforce — information, instruction, and training are core requirements
Document everything — policies, assessments, appointments, training records
Report incidents — comply with Section 24 reporting requirements
Review regularly — health and safety is not a once-off exercise

OHS Compliance Group: Your Training Partner

Understanding the OHSA is essential — but implementing it effectively requires trained, competent people. We provide:

NEBOSH IGC — comprehensive safety management that goes beyond the OHSA to international best practice
OHS Legislation Training — focused specifically on South African OHS legislation
SHE Representative Training — for your Section 17 appointees
HIRA Training — for Section 8 compliance (hazard identification and precautionary measures)
Incident Investigation — for Section 24 compliance

With 60,000+ professionals trained, we help organisations move from legal compliance to genuine safety excellence.

تبسيط قانون OHS Act: ملخص بلغة ميسرة لقانون الصحة والسلامة المهنية في جنوب إفريقيا