L'OHS Act simplifié : résumé en langage clair de la loi sud-africaine sur la santé et la sécurité au travail

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

1. Know your duties — understand which sections apply to your workplace
2. Appoint competent persons — ensure all legal appointments are in place with qualified people
3. Conduct risk assessments — identify hazards and implement controls
4. Train your workforce — information, instruction, and training are core requirements
5. Document everything — policies, assessments, appointments, training records
6. Report incidents — comply with Section 24 reporting requirements
7. 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.