The Occupational Health and Safety Act 85 of 1993 sets the rules South African employers must follow to keep people safe and healthy at work.
In a nutshell
Overview
The Occupational Health and Safety Act is South Africa's main law on health and safety at work. It protects employees, and also members of the public affected by work activities.
Parliament passed it as Act 85 of 1993, and it is administered by the Department of Employment and Labour, whose inspectors can visit workplaces and enforce it.
The Act sets out broad duties. The detail sits in regulations made under it, such as the General Safety Regulations and the Construction Regulations.
Scope
It covers employers, employees, the self-employed, and people who make or supply equipment and substances for use at work.
The Act does not apply to mines, mining areas and mining works, which fall under the Mine Health and Safety Act 29 of 1996 instead. Certain ships and boats covered by merchant shipping law are excluded too.
Everyone else, from a small office to a large factory, a school or a construction site, is covered by the occupational health and safety act.
Key sections
A handful of sections of the Occupational Health and Safety Act do most of the work. These are the ones employers refer to most often.
| Section | What it covers |
|---|---|
| Section 8 | The employer must provide and maintain, as far as reasonably practicable, a working environment that is safe and without risk to employees' health |
| Section 9 | Employers and the self-employed must also protect people who are not their employees, such as visitors and contractors |
| Section 14 | Employees must take reasonable care of themselves and others, co-operate with the employer, follow safety rules and report unsafe situations |
| Section 16 | The chief executive officer must make sure the employer's duties are carried out, and may assign duties without escaping responsibility |
| Section 17 | Employers with more than 20 employees at a workplace must designate health and safety representatives |
| Section 19 | Where there are two or more representatives, the employer must set up a health and safety committee |
| Section 24 | Serious incidents at work must be reported to an inspector |
| Section 38 | Offences and penalties for breaking the Act |
People
Under the Occupational Health and Safety Act, once a workplace has more than 20 employees, the employer must designate health and safety representatives in writing.
| Type of workplace | Minimum representatives |
|---|---|
| Shops and offices | At least one for every 100 employees or part of 100 |
| All other workplaces | At least one for every 50 employees or part of 50 |
Representatives inspect the workplace, look into complaints and incidents, and raise safety matters with the employer. Where two or more are designated, a health and safety committee must meet to review how the workplace is kept safe.
Incidents
Section 24 requires certain incidents to be reported to an inspector. They include incidents in which a person:
Major incidents, and incidents where someone's health or safety was endangered in certain serious ways, must be reported too. Keep a record of every incident, however minor.
Need OHS training or medical cover on site? Call Ralmed on 086 1725 633.
Regulations
Regulations made under the Act set out detailed rules for particular risks. Some of the most widely used include:
First aid boxes and first aiders, for example, are covered by General Safety Regulation 3. Our guide to the Regulation 3 first aid kit explains it in plain language.
Consequences
Breaking the Occupational Health and Safety Act is a criminal offence. Section 38 sets out the maximum penalties.
| Offence | Maximum penalty |
|---|---|
| Failing to comply with listed sections, such as 8, 9, 14, 16, 17 or 24 | A fine of up to R50 000, imprisonment of up to one year, or both |
| An act or omission that injures a person, where it would have been culpable homicide had the person died | A fine of up to R100 000, imprisonment of up to two years, or both |
Inspectors can also issue notices that require an employer to put things right, or to stop dangerous work until it is safe.
For employers
01
Identify hazards at each workplace and the steps needed to control them.
02
Assign duties in writing, and designate representatives once you pass 20 employees.
03
Tell employees about the risks, and train them, including first aiders.
04
Keep incident records, report serious incidents, and review controls regularly.
Questions
It is South Africa's main law on health and safety at work, and Ralmed can help you apply it on 086 1725 633. It sets duties for employers, employees and others, and gives the Department of Employment and Labour the power to inspect and enforce it. Its regulations cover specific topics such as first aid, facilities and hazardous work.
Yes. The Act applies to employers of every size. Some duties only start at certain thresholds, such as health and safety representatives above 20 employees, or a first aid box above five, but the general duty to keep the workplace safe applies to everyone.
No. Mines, mining areas and mining works are excluded from the OHS Act and are governed by the Mine Health and Safety Act 29 of 1996 instead. Contractors working on a mine should check which law applies to their particular activities.
Section 16(1) makes the chief executive officer responsible for making sure the employer's duties under the Act are carried out. Under section 16(2), the CEO can assign some of those duties to others in writing, but this does not relieve the CEO of responsibility.
You need one at a workplace where two or more health and safety representatives have been designated. The committee meets to consult on and review the measures that keep employees safe, and it must include the representatives and people chosen by the employer.
Yes, through General Safety Regulation 3, made under the Act. It requires a first aid box where more than five employees work, and certified first aiders where more than ten work. Ralmed runs accredited first aid courses for workplace first aiders.
The OHS Act is about preventing injury and illness at work. The Compensation for Occupational Injuries and Diseases Act deals with compensating employees who are injured or become ill because of their work. Employers usually have obligations under both. These include registering with the Compensation Fund and reporting certain incidents.
The Department of Employment and Labour publishes the Act and its regulations. Because the regulations are updated from time to time, always check the current version, and take professional advice for your particular workplace where you need it. Our guide summarises the main sections, but it is not a substitute for the Act itself.
The Department of Employment and Labour enforces the Act through its inspectors, who can enter a workplace, ask questions, inspect records and issue notices. An inspector can order work to stop where there is a serious threat to health or safety, so keep your risk assessments, training records and incident reports up to date.
Related
See our accredited medical and OHS training, occupational health services and remote ambulance stations. More guides are on the resources page.
Ralmed trains first aiders and safety staff nationwide, and provides on-site medical cover across Gauteng. Call us to discuss your workplace. For practical help with the occupational health and safety act, call 086 1725 633.
Head office based in Sandton, Johannesburg, Ralmed established in 2013, specializes in comprehensive medical and occupational health services in South Africa, dedicated to compassionate, cost-effective care. Call Ralmed Emergency Medical Services today.