The Occupational Health and Safety Act 85 of 1993 (OHS Act) is the legal foundation of every employer’s obligation to protect the people who work for them. Yet for many South African businesses, the OHS Act remains a document they know they should understand but have never fully translated into day-to-day practice.
This guide focuses on the main responsibilities and duties the OHS Act puts on employers; the specific obligations, appointments, systems, and records that determine whether your workplace is legally compliant when a Department of Employment and Labour (DoEL) inspector arrives.
Section 8 of the OHS Act
While the OHS Act is clear that workplace health and safety is the responsibility of both the employer and employees, Section 8 of the Act establishes that employers must, as far as is reasonably practicable, provide and maintain a working environment that is safe and without risk to the health of employees. Section 8 is one of the most important sections of the Act, stating that employers should ensure their employees are provided with the following:
- A safe working environment
- Measures to prevent hazardous exposure
- Risk management procedures
- Safe working procedures
- Correct training, information, and supervision
- All necessary Personal Protective Equipment (PPE)
- Compliance with the OHS Act
Listed below are some of the main requirements of the OHS Act for South African employers. (Please note that this is not an exhaustive guide to the OHS Act.)
1. A written and displayed Health and Safety Policy
Every employer is required to prepare and display a written Health and Safety Policy. This policy must outline the organisation’s commitment to occupational health and safety, assign responsibilities, and be reviewed annually or whenever there is a material change to the workplace.
The policy is one of the first documents a DoEL inspector will request. It must be signed by the Chief Executive Officer or a person with authority, and it must be accessible and visible to all employees.
2. Formal written health and safety appointments
The OHS Act requires employers to make formal written appointments of competent persons to carry out specific health and safety functions. Verbal instructions or informal understandings do not satisfy this requirement.
The OHS Act and its General Safety Regulations require written appointments for:
- Health and Safety Representatives – mandatory in any workplace with 20 or more employees. H&S Reps must be elected by employees and trained for the role. Their function is to represent the health and safety interests of employees, conduct workplace inspections, report hazards and risks to management, and receive employee complaints or concerns.
- Health and Safety Committee – required where two or more H&S Reps are appointed. The Committee meets at least once every three months to review health and safety matters, review incident investigation reports, and make OHS recommendations to the employer.
- First Aiders – employers are legally required to train and appoint a First Aider when they employ 10 or more people. Thereafter, the requirement is one trained First Aider for every group of 50 employees. First aid training must be provided by a DoEL-approved training provider, and certificates must be kept on record.
- Fire Wardens – responsible for assisting with fire prevention in their designated areas and for suppressing small fires when safe to do so.
- Evacuation Marshals – responsible for assisting with emergency preparedness and evacuations.
- Health and Safety Supervisor/Health and Safety Officer – the individual(s) responsible for managing and implementing health and safety on behalf of the employer.
Each appointment letter must specify the person’s name, role, scope of responsibility, date of appointment, and duration of appointment, and must be signed by both the appointee and the H&S Supervisor or relevant responsible person. These documents form a critical part of your Health and Safety File.
3. Risk assessments
The OHS Act requires employers to identify hazards in the workplace, assess the risks those hazards present, and implement appropriate control measures. This process must be carried out at least annually, or whenever there is a significant change to the work environment, processes, or equipment.
A risk assessment is not a once-off form to file and forget. Control measures identified in the risk assessment must be implemented and monitored, and employees must be informed of all risks relevant to their work.
4. Employee information, training, and supervision
Employers are required to provide employees with the information, instruction, training, and supervision necessary to carry out their work safely. This includes:
- Induction training for new employees
- Training on hazard identification and reporting procedures and the use of personal protective equipment (PPE)
- Emergency response procedure training; what to do in the event of a fire, chemical spill, or medical emergency
- Refresher training at appropriate intervals
Training records must be kept on file. Accredited training — delivered by an HWSETA- or QCTO-accredited Skills Development Provider and, where applicable, a DoEL-approved provider — provides documented, verifiable proof that your obligations have been met.
5. Section 24: Reporting and investigating workplace incidents
Section 24 of the OHS Act outlines which workplace incidents and accidents are legally required to be reported to the DoEL.
Which incidents must be reported under Section 24?
An employer must immediately notify the DoEL when any of the following incidents occur at or in connection with the workplace:
- Any person being killed, becoming unconscious, becoming permanently disabled, or being injured to a point where the employee would not be able to work for more than 14 days.
- Those where a major incident occurred.
- Those where the health and safety of an employee was endangered by a chemical spill, uncontrolled release of a substance under pressure, machinery or part thereof that ran out of control or sent parts flying or falling.
How must incidents be reported?
Immediate notification must be made by telephone, email, or similar means. Within seven days, a formal written report must be submitted to the Provincial Director using the prescribed WCL2 form.
What records must be kept?
Employers must keep a record of all Section 24 incidents — and of any other incident requiring medical treatment beyond basic first aid — using the prescribed Annexure 1 form. These records must be retained for a minimum of three years and must be available for inspection by a DoEL inspector at any time.
Investigation obligations:
Every incident, accident, or near-miss must be internally investigated by the employer, an appointed person, Health and Safety Representative, or a Health and Safety Committee member within seven days of the incident. The purpose of the investigation is to determine the cause and implement corrective measures to prevent recurrence.
6. First aid and emergency preparedness
The OHS Act and its General Safety Regulations require every employer to ensure that adequate first aid supplies and equipment (for businesses employing five or more people) and trained First Aiders (for businesses employing more than 10 people) are available at all times during working hours. The baseline requirement is one trained First Aider per 50 employees, though this increases in higher-risk environments.
First aid training must be provided by a training provider approved by the Chief Inspector of the DoEL. First Aiders’ certificates are valid for three years, after which a refresher course is required to maintain compliance.
Alongside first aid, employers must ensure that:
- Appropriate firefighting equipment is provided, maintained, and serviced
- An emergency evacuation plan is in place and practiced regularly
- Fire Wardens and Evacuation Marshals are appointed and trained
What happens when the DoEL inspects your workplace?
DoEL inspectors have the authority to visit any workplace, announced or unannounced. During an inspection, they may request to view any document, process, plant, or article, and question any employee. Inspectors may issue:
- A Notice of Improvement – where safety measures are inadequate but not immediately dangerous
- A Notice of Contravention – where the employer has breached the OHS Act or a regulation
- A Notice of Prohibition – where a situation poses immediate danger and must stop immediately
Non-compliance can result in fines, orders to halt operations, or in serious cases, criminal prosecution. The consequences extend to individuals, not just the business. Directors, managers, Supervisors, and employees can face personal liability where negligence is established.
Is your workplace fully compliant with the OHS Act?
If you are unsure whether your organisation is fully compliant with the OHS Act, First Aid, Fire and Safety Training offers an OHS Compliance Assessment service. One of our OHS Practitioners will visit your premises to conduct a full evaluation of your OHS systems, including documentation, equipment, risk assessments, training procedures, organisational structures, and more. Our detailed report will rate your OHS compliance status as a percentage and highlight any gaps — enabling you to address identified areas of non-compliance.
Ready to dive deeper into the OHS Act right now? Download our Essential Guide to the OHS Act for a broader look at the most important sections and regulations of the OHS Act, giving you actionable insights into your workplace health and safety responsibilities.