Liste de contrôle de conformité à l'OHS Act pour les employeurs sud-africains : guide complet 2026

OHS Act Non-Compliance: The Penalties Are Severe

Under the Occupational Health and Safety Act (Act 85 of 1993), non-compliance can result in:

• Fines up to R500,000 per contravention
• Imprisonment of up to 2 years for serious offences
• Prohibition notices shutting down operations
• Improvement notices requiring immediate corrective action
• Civil liability for workplace injuries and deaths

Your Complete OHS Act Compliance Checklist

Section A: Legal Appointments (Sections 16, 17, 18, 19)

• [ ] Section 16(1) CEO — overall health and safety responsibility assigned
• [ ] Section 16(2) Appointees — written delegations to competent persons
• [ ] Section 17 Health and Safety Representatives — appointed for every 20 workers
• [ ] Section 18 Functions of H&S Representatives — duties clearly defined
• [ ] Section 19 Health and Safety Committee — established where 2+ H&S reps exist
• [ ] All appointments documented with signed acceptance letters
• [ ] Appointees trained and competent for their assigned responsibilities

Section B: Risk Assessments

• [ ] Baseline risk assessment completed for all work activities
• [ ] Issue-based risk assessments for changes, new equipment, new processes
• [ ] Continuous risk assessments — workers trained in on-the-job hazard identification
• [ ] Risk assessments reviewed at least annually or after incidents
• [ ] Risk assessment records maintained and accessible
• [ ] Control measures implemented and monitored for effectiveness

Section C: Health and Safety Policy

• [ ] Written OHS policy signed by CEO/MD
• [ ] Policy displayed prominently in the workplace
• [ ] Policy reviewed annually and updated as needed
• [ ] Policy communicated to all employees in appropriate languages
• [ ] Policy includes commitment to continuous improvement

Section D: Training and Competency

• [ ] Induction training for all new employees and contractors
• [ ] Job-specific safety training for hazardous tasks
• [ ] H&S Representative training — formal course completed
• [ ] First aid training — sufficient trained first aiders
• [ ] Fire marshal training — sufficient trained fire marshals
• [ ] Management training in OHS responsibilities
• [ ] Training records maintained with dates and certificates
• [ ] Refresher training conducted at appropriate intervals

Section E: Emergency Preparedness

• [ ] Emergency plan developed, documented, and communicated
• [ ] Emergency drills conducted at least twice annually
• [ ] Emergency equipment maintained (extinguishers, first aid kits, spill kits)
• [ ] Evacuation routes clearly marked and unobstructed
• [ ] Emergency contact numbers displayed prominently
• [ ] First aid boxes stocked and accessible per regulations

Section F: Incident Management

• [ ] Incident reporting procedure established and communicated
• [ ] Section 24 reporting — serious incidents reported to DOL within prescribed timeframe
• [ ] Incident investigation conducted for all injuries and near-misses
• [ ] Root cause analysis completed with corrective actions
• [ ] WCA reporting — injuries reported for workers' compensation
• [ ] Incident records maintained for at least 3 years

Section G: Regulations Compliance

• [ ] General Safety Regulations — housekeeping, stacking, guarding
• [ ] Environmental Regulations — ventilation, lighting, temperature, noise
• [ ] Hazardous Chemical Substances Regulations — SDSs, exposure monitoring
• [ ] Construction Regulations (if applicable) — fall protection, excavations
• [ ] Driven Machinery Regulations — operator competency, guarding
• [ ] Electrical Installation Regulations — COCs, maintenance
• [ ] PPE Regulations — risk-based PPE provision and usage

Section H: Documentation and Records

• [ ] OHS file maintained and up to date
• [ ] Medical surveillance records for exposed workers
• [ ] Equipment maintenance records and inspection certificates
• [ ] Contractor management files with safety requirements
• [ ] Workplace inspection records — regular documented inspections
• [ ] Committee meeting minutes retained for at least 3 years

How to Use This Checklist

1. Conduct a gap analysis — score each item as compliant, partially compliant, or non-compliant
2. Prioritise critical gaps — focus on items with highest legal and safety risk
3. Develop an action plan with responsible persons and deadlines
4. Implement corrective actions systematically
5. Monitor and review quarterly

Training Requirements for Compliance

Most compliance gaps stem from inadequate training. Here's what your team needs:

What Happens During a DOL Inspection?

Department of Labour inspectors can:

• Enter any workplace without notice
• Interview employees and management
• Examine records and documentation
• Issue improvement or prohibition notices
• Recommend prosecution for serious contraventions

Being prepared is not optional — it's a legal requirement.

Partner with OHS Compliance Group

Our team helps South African employers achieve and maintain full OHS Act compliance through:

• Compliance audits identifying gaps and risks
• Tailored training programmes for all levels
• Ongoing advisory support for complex compliance questions
• Corporate packages with volume discounts

Request a compliance assessment or view our training courses.