South African business owners tend to fall into one of two camps when it comes to the OHS Act: those who think it doesn’t really apply to them, and those who are vaguely terrified of it.
Neither response is useful. The Occupational Health and Safety Act 85 of 1993 is a specific piece of legislation with specific requirements, and the good news is that for most businesses, those requirements are manageable. The challenge is that very few owners have ever sat down and read what the Act actually says — as opposed to what they’ve been told it says, or what they assume it says based on past experience with an inspector.
This post sets out the essentials clearly. What the Act requires of you, what it doesn’t, what happens when you’re non-compliant, and what a compliant business actually looks like in practice.
The Core Obligation
The OHS Act places the primary duty of care on the employer. Section 8 of the Act states that every employer is obliged, so far as is reasonably practicable, to provide and maintain a working environment that is safe and without risk to the health of employees. That phrase — “so far as is reasonably practicable” — matters enormously. The Act does not require perfection. It requires that you take every reasonable step to identify and mitigate risk. What is “reasonably practicable” is assessed against the severity of the risk, the degree of probability of harm, and the cost and difficulty of controlling it.
This is an important distinction. The Act is not designed to be impossible to comply with. It is designed to be proportionate — which means a small manufacturing operation and a large construction company do not face identical obligations. The key word throughout is proportionality.
What the Act Actually Requires
Written appointments.
This is where most businesses fail their first Department of Labour inspection, and it is the most straightforward area to get right. The Act requires that the employer’s Section 16(1) responsibility — the owner or CEO’s direct accountability for OHS — be formally acknowledged in writing. Where that responsibility is delegated to someone else in the organisation, that delegation must also be in writing, signed, and dated, under Section 16(2).
Beyond that, businesses with more than 20 employees must appoint a Health and Safety Representative in writing. Businesses with more than 50 employees are required to establish a Health and Safety Committee. First Aiders must be formally appointed, and an Emergency Coordinator responsible for evacuation procedures must be designated. These are documents — letters, signed and filed. They are not complicated to produce. The problem is that most businesses either don’t know about them or have never been told exactly which appointments are legally required.
Risk assessments.
The Act requires employers to identify hazards in the workplace, assess the risk those hazards present to employees, and implement controls to reduce that risk. This must be documented. There is no prescribed format, but the risk assessment must be in writing, must cover all significant hazards relevant to the operation, must be signed by the person responsible, and must be reviewed at least annually or whenever there is a significant change to the workplace or work processes. An undated risk assessment or one that hasn’t been reviewed since 2019 is not worth the paper it is printed on when an inspector arrives.
Incident reporting.
The Act requires that certain workplace incidents be reported to the Provincial Director of Labour. An incident that results in death must be reported immediately. An incident that results in unconsciousness, the loss of a limb, or hospitalisation of more than 24 hours must be reported within seven days on a prescribed form (the WCL.2). Incidents must also be investigated, and findings recorded. This is not optional, and the failure to report a reportable incident is itself a contravention.
COID compliance.
The Compensation for Occupational Injuries and Diseases Act, which operates alongside the OHS Act, requires all employers to be registered with the Compensation Fund and to submit an annual Return of Earnings (the W.As.8 form, due by the end of March each year). If you are not registered and an employee is injured at work, the financial liability falls directly to you — not to the fund.
Health and Safety file.
While the Act does not use the term “SHE file,” it requires that specific documents be maintained and available for inspection. In practice, this means keeping a consolidated file that contains your legal appointments, risk assessments, policy documentation, training records, toolbox talk registers, incident reports, and relevant certificates. This is what a DoL inspector will ask to see.
What the Act Doesn’t Require (That Many Owners Think It Does)
The Act does not require you to have ISO 45001 certification. ISO 45001 is an international management systems standard, and while it is valuable and increasingly expected by larger clients and in tender processes, it is not a statutory requirement under South African law.
The Act does not require a full-time safety officer for most businesses. A small company with 15 employees does not need to hire a dedicated H&S practitioner. What it needs is someone — often the owner, or a senior manager — who has been properly trained, formally appointed, and given the time and authority to manage the compliance function.
The Act also does not require you to prevent every possible accident. It requires that you take every reasonably practicable step to prevent foreseeable harm. An employer who has a current risk assessment, trained staff, appropriate controls, and documented procedures is in a defensible position even if an accident occurs. An employer who has none of these things is not — even if no accident has ever happened.
What Happens When You Don’t Comply
The Department of Labour has broad inspection and enforcement powers. Inspectors may enter any workplace without notice, examine any document, interview any employee, and issue compliance orders requiring remediation within a specified timeframe. Failure to comply with a compliance order is a criminal offence.
The financial penalties under the Act are significant: up to R50,000 per contravention, or up to 12 months’ imprisonment for serious violations. In cases where an employer’s failure to comply has contributed to the death of an employee or a serious injury, the exposure is considerably higher.
What many owners do not appreciate is that the personal liability provisions of the OHS Act are meaningful. Section 37 of the Act provides that a director or manager who gave consent to, or was involved in, the commission of an offence under the Act can be convicted alongside the company. The corporate veil offers no particular protection here.
Beyond the legal penalties, there is a commercial reality that is becoming increasingly difficult to ignore. Larger clients, particularly in retail, hospitality groups, and government procurement, increasingly require proof of OHS compliance as a condition of doing business. A business that cannot produce a current OHS file when asked is losing contracts it may not even know it could have won.
What a Compliant Business Looks Like
Compliance is not about having a thick ring-binder on a shelf. It is about having a working system that staff understand and that you can demonstrate is current.
A compliant South African business has its legal appointments in writing and on file. Its most recent risk assessment is less than 12 months old, covers all relevant hazards, and is signed. Its H&S file is up to date — not a document from three years ago that was never revisited. Its employees have received induction training, and there are records to show it. Toolbox talks happen regularly — not necessarily daily, but often enough and with attendance registers to prove it. The first aid kit is stocked and the first aider’s certificate is current. There is a written evacuation plan, and employees know what it says. And the person responsible for OHS in the business — whether that is the owner, a manager, or an external consultant — is checking and updating the system, not just assuming it is fine.
That is not an unreasonable standard. For most businesses, getting to that point takes a few focused weeks of work, not years of effort.
If you are not sure where your business stands, the best starting point is an honest gap assessment — a methodical check of every OHS requirement against what you actually have in place. I have a free OHS Gap Assessment Checklist built for exactly that purpose, based on the same framework I use when I assess a new client.
If you would prefer to talk through your situation first, I offer a free 30-minute consultation with no obligation.
About the Author:
Clinton Wittstock is the author of Occupational Safety and Health Principles and Practice (2024), published in the UK for the Institute of Safety and Health (IOSH). The founder of Wittstock Risk Management Consultancy, Clinton is a multiple winner of the Master Builders Association of South Africa (MBASA-WC) and the prestigious MBASA National Safety Competition. He has worked locally in South Africa and in Europe, the Middle East, Asia and Timor Leste, across industries including construction, hospitality, food and beverage management, agriculture, food processing and production, IT, writing and photography. Having worked at every level — from entry-level roles to middle management to business ownership — Clinton brings a grounded, practical understanding of how workplaces and the people in them actually operate. He works with South African businesses to build practical OHS, Food Safety, Environmental, and Compliance management systems with a focus on ISO 45001, ISO 14001, ISO 9001 and ISO 22000.
