If you are the CEO of a company operating in South Africa, the question of your legal responsibilities for employee health and safety in South Africa is an important one. The Occupational Health and Safety Act 85 of 1993 (OHS Act) places clear duties and responsibilities on employers and assigns specific duties to CEOs.
What Sections 8 and 16 of the OHS Act say
Section 8 and Section 16 are important sections of the OHS Act as they outline the employer’s duties and the CEO’s responsibility for ensuring that those duties are properly discharged:
Section 8: General duties of employers to their employees
Section 8 of the OHS Act is a very important section for understanding your legal obligation for employee health and safety in South Africa. It states that every employer must provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of employees.
Section 8 covers a broad set of specific duties, including:
- Providing and maintaining safe plant and machinery
- Eliminating or mitigating hazards before resorting to personal protective equipment
- Providing the information, instruction, training and supervision necessary for employees to perform their work safely
- Enforcing health and safety measures
- Ensuring, as far as is reasonably practicable, that necessary precautionary measures are taken before permitting employees to perform work, and that work and the use of plant or machinery are supervised by a person trained to understand the associated hazards and authorised to ensure that the necessary precautionary measures are implemented
Section 16: Chief executive officer charged with certain duties
Section 16 of the OHS Act requires the chief executive officer of an organisation to ensure, as far as is reasonably practicable, that the employer’s duties under the Act are properly discharged. Without removing their own responsibility or liability, a CEO can assign duties to a person under their control, who must act under the CEO’s control and directions. Assigning duties does not relieve the CEO of their responsibility under Section 16.
Health and safety team appointments
The CEO must ensure, as far as is reasonably practicable, that the health and safety obligations under the OHS Act are appropriately met. One important aspect of this is ensuring that a suitably trained health and safety team is in place, with appointments appropriate to the workplace’s size, activities, and risks. Key team members include Health and Safety Representatives, First Aiders, Fire Wardens, and Evacuation Marshals.
Keep in mind that appointing and training a health and safety team is only part of meeting these obligations. In practice, the CEO should remain informed about workplace risks, ensure that those managing health and safety have the resources and authority to carry out their duties, and follow up on identified hazards and outstanding corrective actions. Risk assessments, incident reports, and Health and Safety Committee minutes can help the CEO maintain this oversight.
Health and Safety Representatives (SHE Reps)
Section 17 of the OHS Act requires employers with more than 20 employees to designate Health and Safety Representatives (commonly called SHE Reps). The number of SHE Reps required depends on your industry and workforce size. SHE Reps must be elected by employees in the workplace or a specific section of it, not appointed unilaterally by management. Once elected, they must receive training before they can function in the role and be formally appointed in writing by the employer. Health and Safety Representative training covers incident reporting, workplace inspections, hazard identification, and the rights and duties the role carries.
First Aiders
The General Safety Regulations under the OHS Act set out minimum requirements for first aid provision based on employee numbers. Where more than 10 employees are employed at a workplace, the employer must ensure that at least one trained First Aider is readily available during normal working hours for every group of up to 50 employees or, in the case of shops and offices, every group of up to 100 employees. Each First Aider must hold a valid certificate of competency in first aid. Higher-risk environments may require more First Aiders. Additionally, a first aid box must be accessible in the workplace for any workplace employing more than five employees.
Fire Wardens
Fire Wardens help prevent workplace fires and respond to small fires when it is safe to do so. Their responsibilities include identifying fire hazards, conducting inspections, and supporting fire prevention and emergency procedures. Firefighting training covers fire detection and reporting, different classes of fires, the correct selection and use of fire extinguishers, and the duties of a Fire Warden.
Evacuation Marshals
Evacuation Marshals help coordinate a calm, orderly evacuation, guiding employees and visitors along designated escape routes to the assembly point. They should be familiar with the workplace’s evacuation plan and their assigned areas of responsibility. Evacuation planning training prepares them to support emergency procedures, assist with evacuation drills, and communicate with emergency services.
Health and Safety Committee
Where two or more SHE Reps are designated, the employer must establish a Health and Safety Committee. The committee must meet at least once every three months, and minutes must be kept. Inspectors may request these records, and missing minutes can undermine the employer’s ability to demonstrate compliance.
Section 16.2 Appointee
As mentioned earlier, the CEO may assign duties to a person under their control to manage occupational health and safety on their behalf should they choose to do so. This person should have the knowledge, training and experience to carry out the functions assigned and must act under the CEO’s control and directions. Some businesses appoint a senior operations manager, facilities manager, or dedicated Health and Safety Officer to this role. The assignment should be documented in writing, and the appointee should receive appropriate training. Our 16.2 Workshop is designed to equip managers and appointees with the knowledge they need to fulfil this duty.
The CEO is ultimately responsible for health and safety under the OHS Act
The OHS Act is explicit: The CEO may assign health and safety duties, but this does not remove the CEO’s responsibility to ensure, as far as is reasonably practicable, that the employer’s duties are properly discharged.
Understanding the legislative framework is the starting point. Our one-day Occupational Health and Safety Act training course or our two-hour 16.2 Workshop are excellent training options for CEOs, employers, and managers looking to gain a clear understanding of their duties and responsibilities under the Act.