L'OHS Act expliqué : ce que tout employeur sud-africain doit savoir

South Africa's Occupational Health and Safety Act

The Occupational Health and Safety Act (OHSA), Act 85 of 1993, is the primary legislation governing workplace health and safety in South Africa. Understanding this Act is essential for employers, employees, and safety professionals.

Purpose of the OHS Act

The Act aims to:

• Provide for the health and safety of persons at work
• Protect persons other than those at work against hazards arising from work activities
• Establish an advisory council for occupational health and safety

Key Duties Under the OHS Act

Employer Duties (Section 8)

Every employer must provide and maintain a working environment that is safe and without risk to health. This includes:

Safe Working Environment

• Safe systems of work
• Safe machinery and equipment
• Hazard-free premises

Information and Training

• Necessary supervision
• Information about hazards
• Training on safe work procedures

Health and Safety Policy

• Written policy (if 20+ employees)
• Regular review and updates
• Communication to all employees

Employee Duties (Section 14)

Employees must:

• Take reasonable care for their own safety
• Report unsafe conditions
• Not interfere with safety measures
• Cooperate with safety requirements

Appointment Requirements

Health and Safety Representatives (Section 17)

Required when:

• 20 or more employees at a workplace
• Designated by employees
• One representative per 50 employees

Functions:

• Identify hazards
• Make representations to employer
• Participate in inspections
• Attend safety committee meetings

Health and Safety Committees (Section 19)

Required when:

• Two or more health and safety representatives
• Equal employer and employee representation

Functions:

• Make recommendations on safety matters
• Discuss incidents and statistics
• Review effectiveness of safety measures

Incident Reporting Requirements

Reportable Incidents (Section 24)

Must be reported to the Department of Employment and Labour:

• Death of any person
• Injuries that require medical treatment beyond first aid
• Major incidents (explosions, fires, structural collapse)

Timeframes:

• Immediate notification for serious incidents
• Written report within 7 days

Regulations Under the OHS Act

Key regulations include:

1. General Safety Regulations
2. Construction Regulations
3. Hazardous Chemical Substances Regulations
4. Noise-Induced Hearing Loss Regulations
5. Electrical Installation Regulations
6. General Machinery Regulations

Penalties for Non-Compliance

Employers who fail to comply face:

• Fines up to R100,000
• Imprisonment up to 2 years
• Both fine and imprisonment
• Prohibition notices
• Improvement notices

How NEBOSH Helps with OHS Act Compliance

While NEBOSH is an international qualification, it provides:

• Understanding of risk management principles
• Knowledge of legal frameworks
• Skills to implement safety systems
• Global best practices applicable in SA

Compliance Checklist for Employers

✅ Written health and safety policy ✅ Risk assessments conducted ✅ Safety representatives appointed ✅ Safety committee established ✅ Training provided to employees ✅ Incident reporting procedures in place ✅ First aid arrangements ✅ Emergency procedures ✅ Regular inspections

Getting Expert Help

OHS Compliance Group offers:

• NEBOSH qualifications for legal compliance understanding
• Consultancy services for OHS Act compliance
• Training for safety representatives
• Audit and inspection services

Ensure your workplace is compliant – speak to our experts today.