Ensemble EHS
OHSA

Occupational Health and Safety Act

Act 85 of 1993 governs workplace health and safety for most South African workplaces, excluding mining operations.

Authority
Department of Employment and Labour
Applicability
All workplaces excluding mining operations
Penalties
Fines up to R1 million and/or imprisonment up to 2 years
Last Updated
2024

Key Requirements

1

Employer Duties (Section 8)

Provide and maintain a safe working environment, safe systems of work, and necessary information, instruction, training, and supervision.

2

Safety Committees

Establish health and safety committees when employing 20 or more employees, or when required by labour inspector.

3

Risk Assessments

Conduct comprehensive risk assessments and implement control measures following the hierarchy of controls.

4

Mandatory Reporting

Report certain incidents to the Department of Employment and Labour within 7 days using Form WCL 2.

5

Record Keeping

Maintain records of incidents, risk assessments, training, medical surveillance, and safety committee meetings.

6

Appointment of Safety Personnel

Appoint competent safety personnel based on business risk profile and number of employees.

Reporting Requirements

Report TypeDeadlineForm/Document
FatalitiesImmediately (telephonically + written within 7 days)WCL 2
Major InjuriesWithin 7 daysWCL 2
Occupational DiseasesWithin 14 days of diagnosisODC 1
Dangerous OccurrencesWithin 7 daysWCL 2
Annual Safety StatsBy March 31 annuallyWCL 3

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