The Occupational Health and Safety (OHS) Act 85 of 1993 is the legislation that seeks to protect the health, safety, and wellbeing of workers in South Africa. It is a comprehensive, well-structured act that prescribes globally accepted practices, aims, and objectives. All employers, businesses, and organisations in South Africa are required to adhere to the OHS Act and its accompanying regulations.
The basic layout of the Occupational Health and Safety Act
At first glance, the OHS Act can seem overwhelming and confusing. However, if you understand the basic layout of the sections and regulations, you will be more confident in navigating the Act and understanding its requirements.
The OHS Act is comprised of 50 sections that apply to all workplaces. In addition, the Act has 26 regulations. Some regulations apply to all businesses and industries, such as:
- General Administrative Regulations
- General Safety Regulations
- Ergonomics Regulations
- Facilities Regulations
Other regulations are specific and only apply to certain industries, such as:
- Construction Regulations
- Diving Regulations
- Explosives Regulations
What is the purpose of the OHS Act?
If you think about it, no employer (or employee) has the right to endanger anyone else’s life or wellbeing while at work. In light of this, the overarching aim of the OHS Act is to ensure that workplaces are safe and without undue risk to employees, customers, contractors, and the public. The regulations of the OHS Act provide detailed and actionable requirements and rules that workplaces must implement to provide a safe, healthy, and prepared work environment.
In complying with the requirements set out by the Act and its regulations, employers can rest assured that they have taken all necessary steps to ensure the health and wellbeing of anyone affected by their work.
General duties of employers and employees under the OHS Act
There are two key sections of the OHS Act that outline the general duties of employers and employees: Section 8 and Section 14. These sections are excellent starting points for implementing health and safety practices in any workplace.
OHS Act Section 8: General duties of employers to their employees
Section 8 is one of the most important sections of the Act and successful implementation of this section will ensure that a company has addressed most of its occupational health and safety requirements. This section is very clear on the responsibility of employers to provide a safe working environment that does not pose a risk to the health and safety of its employees.
Section 8 also addresses the identification of hazards attached to any work that is performed and stipulates that the employer must evaluate all work, activities, and systems of work that could present potential risks to the company’s employees. It also directs employers to provide and establish precautionary measures and systems to prevent workplace injuries.
OHS Act Section 14: General duties of employees at work
Section 14 states very clearly that employees are responsible for their own health and safety, and should also take reasonable care of those around them. Employees must also cooperate with any requirements set out by their employer relating to health and safety. If everyone takes steps to protect their own health and safety, and that of those around them, then hazards, risks, incidents, and accidents will be reduced.
Section 14 states that employees have a duty to report any hazards or risks that come to their attention. They also have a duty to report any incident, accident, or near-miss they experience or witness as soon as possible.
Key regulations under the OHS Act that employers need to know
Listed below are brief (non-exhaustive) descriptions of the main requirements stipulated by key regulations of the OHS Act that apply to all businesses:
- General Administrative Regulations: outlines the administrative requirements for OHS compliance, including access to premises, Health & Safety Committee structures, designation of Health & Safety Representatives, reporting of incidents and occupational diseases, record keeping, etc.
- General Safety Regulations: outlines the minimum safety measures and procedures required for OHS compliance, including first aid training and equipment, personal protective equipment (PPE), safeguarding of dangerous areas, storage of flammable liquids, display of notices and signs, working in confined spaces, use of ladders, safe stacking procedures, etc.
- Facilities Regulations: outlines the minimum workplace facilities requirements for employee health and hygiene, including drinking water, sanitation, facilities for safekeeping, eating areas, changing rooms, etc.
- Ergonomics Regulations: outlines the requirements for identifying, assessing, and controlling ergonomic risks in the workplace to prevent injuries and ensure that all tools, tasks, and work environments are aligned with human capabilities and limitations.
Need a more detailed breakdown? Read our full OHS Act guide
For a broad, easy-to-understand breakdown of the Occupational Health and Safety Act for South African businesses, read our full OHS Act guide here.
How the Department of Employment and Labour enforces the OHS Act
The Department of Employment and Labour (DoEL) is responsible for overseeing and enforcing the OHS Act and their inspectors are considered the ‘policemen’ of the Act. DoEL inspectors enforce the Act by carrying out inspections of workplaces. These inspections are normally done with prior notice, but may be carried out without prior notice and inspectors have the right to inspect any work area, tool, article, document, or process, and question any employee. The DoEL is also mandated to investigate all reportable workplace incidents and accidents to ascertain OHS Act compliance and assess potential liability.
Should a DoEL inspector find non-compliance with, or negligence of, the OHS Act, and should poor working conditions or an incident occur due to non-compliance, the employer may be fined (up to R100,000) or imprisoned (up to two years), or both. Compliance with the OHS Act is thus critically important for all employers to avoid the risk of liability and a criminal record.
Identifying common workplace hazards
Reducing or eliminating workplace hazards and their accompanying risks is one of the most important health and safety responsibilities prescribed by the OHS Act. Listed below are common workplace hazards to look out for:
- Slip, trip, and fall hazards like loose cords, wet floors, stairs, and steps
- Working at height, including work involving ladders, scaffolding, or roofs
- Unguarded machinery with moving parts
- Electrical hazards such as faulty wiring, overloaded plug points, damaged electrical cords
- Exposure to dangerous chemicals that may be inhaled, ingested, or absorbed
- Noise exposure that could lead to hearing loss
The OHS Act stipulates that all workplaces should conduct regular risk assessments. The aim of risk assessments is to identify potential hazards, evaluate the associated risks, and implement effective control measures to reduce those risks as far as possible.
Recommended course: HIRA
Gain the skills needed to spot workplace hazards, rank and evaluate risks using a risk matrix, and implement appropriate control measures in our Hazard Identification and Risk Assessment (HIRA) course.
Find out if your workplace is compliant
Across all industries and workplaces, there are substantial moral, legal, and financial benefits to staying compliant with the Occupational Health and Safety Act. If you’re unsure of your company’s current compliance status, book an OHS Compliance Assessment to find out where your health and safety practices fall short—and what you can do to fix it.
