The Weight of Responsibility: Understanding SHE Liabilities in South Africa
15 Jul 25 - Nompumelelo Masia
In every workplace, safety is not just a policy—it's a legal obligation. South Africa’s Occupational Health and Safety Act (OHS Act 85 of 1993) places specific legal duties on employers, managers, and appointed health and safety representatives (SHE Reps). Failing to comply doesn’t just expose your team to harm—it puts leadership at risk of criminal and civil liability, even imprisonment.
Let’s unpack what this means, who is liable, and how organizations can protect both their people and their reputation.
What Are SHE Liabilities?
SHE liabilities refer to the legal responsibilities and potential consequences placed on individuals and organizations for failing to comply with workplace Safety, Health, and Environmental (SHE) regulations. These liabilities are not optional—they are enforceable under South African law, and ignorance is no defense.
Under Section 38 of the OHS Act, failure to uphold health and safety can result in:
- Fines up to R100,000 per offence
- Up to 2 years' imprisonment
- Civil lawsuits from injured parties
- Criminal charges against executives and line managers
As highlighted in this recent LinkedIn post by OHS Compliance Group, if you are in a leadership or supervisory position, you are not just part of the team—you are also liable.
Who Is Liable?
1. Employers & CEOs:
The ultimate responsibility for health and safety rests with the employer. They must provide a safe working environment, ensure risk assessments are carried out, and that all employees are trained. Failure to act could lead to prosecution under Sections 8 and 9 of the OHS Act.
2. Line Managers & Supervisors:
Day-to-day safety duties often fall on middle management. If someone under your supervision is injured and you fail to enforce proper protocols, you could be held personally responsible.
3. Appointed Persons (e.g. Safety Officers):
If you are appointed under a statutory regulation (e.g., Construction Regulations, Hazardous Chemical Substances), you are legally obligated to perform those duties correctly.
4. SHE Representatives:
While SHE Reps play a critical role in identifying and reporting risks, the law generally does not hold them civilly liable for accidents. Their function is consultative—however, failure to execute their duties could undermine workplace safety.
Real Consequences
According to SheFiles, poor documentation or missing SHE files during inspections can lead to:
- Immediate site closure
- Fines up to R100,000
- Legal action in the event of a Section 24 incident (e.g., serious injury or death)
- Prison time for the employer or responsible manager
This is why accurate recordkeeping, regular audits, and proper appointment letters are not just best practices—they’re legal essentials.
The Importance of Training and Awareness
Training is not a luxury—it is a legal requirement. Whether you're a director, manager, or newly appointed SHE Rep, you must understand your responsibilities under the law.
The SHE Liabilities course by OHS Compliance Group breaks down:
- Duties of employers and employees
- What the law says about liability
- Case studies of actual prosecutions
- How to build a legally compliant safety culture
Many South African professionals, including safety thought leader Andrew Molaiwa, have stressed the importance of moving beyond compliance into a culture of accountability. In one of his articles, he explains how embracing a proactive SHE approach not only avoids legal risk but also boosts productivity and morale.
Final Thought: Liability Starts with Leadership
Legal liability in the SHE space is a shared responsibility. But leadership sets the tone. When senior executives invest in OHS training, encourage open reporting, and insist on compliance, it shows on the shop floor and in court.
SHE isn't just about avoiding fines—it's about saving lives, protecting your brand, and leading responsibly.
If you or your organization needs support in understanding your legal obligations, contact OHS Compliance Group today. Our SHE Liabilities course is available online and in-class across South Africa.
Contact OHS Compliance Group
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