The OHS Act Compliance Checklist Every South African Employer Should Actually Read
OHS Act compliance checklist for South African employers: Section 8, 9, 16, and 17 duties, appointments, HIRA, PPE, incident reporting, and audit-ready record keeping.
The Occupational Health and Safety Act (OHS Act, Act 85 of 1993) is short, blunt, and unforgiving. It doesn''t care whether you run a construction firm, a coffee shop, or a call centre. If you employ people, it applies. And if a Department of Employment and Labour inspector walks in tomorrow, here''s what they''re going to look for.
The Section 16(2) appointment
If your CEO can''t reasonably supervise every corner of the business, they must delegate OHS responsibility in writing to a competent person under Section 16(2). This is the single most-missed document in SA compliance audits.
The employer''s core duties (Section 8)
- Provide and maintain a working environment that is safe and without risk to health.
- Identify hazards and assess risk in writing.
- Provide the information, instruction, training, and supervision needed to prevent harm.
- Provide PPE where risk cannot be engineered out.
- Consult employees on OHS matters via a recognised committee.
Health and Safety Committees (Section 19)
Any workplace with 20+ employees needs at least one Health and Safety Representative. 50+ triggers a formal Committee with minuted monthly meetings. Keep the minutes — they''re the paper trail that proves consultation happened.
Incident reporting (Section 24)
Report to the Provincial Director within 7 days when any of the following occur:
- A worker dies, is injured, or becomes ill to the extent they can''t work for 14+ days
- A major incident occurs (fire, explosion, structural collapse)
- Any incident listed under the General Administrative Regulations, Annexure 1
Use the Annexure 1 form. Attach it to the injured worker''s COIDA claim. Log everything internally in your Incident Register.
Your quick self-audit checklist
- Section 16(2) appointment signed and current?
- Baseline risk assessment done and signed?
- Safe work procedures for hazardous tasks?
- PPE issue register up to date?
- H&S reps appointed and committee minutes filed?
- Incident register with the last 12 months of entries?
- First-aid boxes inspected, first aiders appointed?
- Emergency plan tested (drill in the last 12 months)?
- All employees inducted on hire and re-inducted annually?
- COIDA registration current, LOGS on file?
If any of those got a wince instead of a tick, you''ve found your Monday morning.
What happens if you don''t comply
Fines up to R100,000 or two years imprisonment for a first offence under Section 38. Contravention notices and prohibition notices can stop your operation in its tracks. And if a serious incident occurs and you can''t produce your paperwork, you''re staring down personal liability.
How SitePass keeps you audit-ready
SitePass turns the OHS Act from a scary document into a live checklist. Appointments, risk assessments, inductions, incident register, and committee minutes all live in one place, tied to your employees and sites, with expiry radar running 24/7. When the inspector walks in, you don''t sweat — you scroll.
See SitePass for safety consultants, for contractors, or start a free trial — no card needed.
FAQ: OHS Act Compliance in South Africa
What is the OHS Act 85 of 1993?
The Occupational Health and Safety Act 85 of 1993 is the primary South African law governing workplace safety. It defines employer and employee duties, the role of health and safety representatives, and the powers of Department of Employment and Labour inspectors.
What is a Section 16(2) appointment?
Section 16(1) makes the CEO personally responsible for health and safety. Section 16(2) allows the CEO to delegate that responsibility in writing to a competent person — typically a senior manager on each site or in each business unit.
How often should I conduct a Hazard Identification and Risk Assessment (HIRA)?
At least annually, when the work method changes, when new plant or substances are introduced, and after every reportable incident. Section 8 of the Act makes it a continuous duty, not a once-off exercise.
What incidents must I report under Section 24?
Fatalities, injuries causing more than 14 days off work, incidents involving major property damage, and dangerous occurrences listed in General Administrative Regulation 8. Reports go to the Provincial Director on Annexure 1 within 7 days.