Published by Laboured SA Contact: info@laboured.org.za | 082 330 3939 | www.laboured.org.za
Workplace health and safety compliance is not optional in South Africa—it’s a legal requirement that can cost your business hundreds of thousands of Rands and result in imprisonment if ignored. With recent nationwide enforcement initiatives seeing over 535 inspections in KwaZulu-Natal alone and monetary corrections exceeding R10 million, the Department of Employment and Labour is taking a firm stance on non-compliance.
The Legal Foundation: South Africa’s Health and Safety Framework
The Occupational Health and Safety Act 85 of 1993
The Occupational Health and Safety Act (OHSA) is the cornerstone of workplace safety legislation in South Africa, establishing comprehensive requirements for employers to maintain safe working environments and protect employee health and well-being. The Act consists of 50 sections with accompanying regulations that govern health and safety across all industries, from office environments to hazardous industrial plants and construction sites.
Key Supporting Regulations
The OHSA is supported by several critical regulations:
- General Administrative Regulations: Administrative requirements including Health & Safety Committee structures, incident reporting, and record keeping
- General Safety Regulations: Minimum safety measures including first aid, PPE, safeguarding dangerous areas, and confined space work
- Facilities Regulations: Workplace facilities requirements for drinking water, sanitation, and employee amenities
- Ergonomics Regulations: Requirements for identifying and controlling ergonomic workplace risks
Core Compliance Requirements for South African Employers
1. Fundamental Employer Duties
Under the OHSA, employers must create a healthy work environment that is safe and as low-risk as possible, ensure the workplace is free of hazardous substances, prohibit illegal chemicals or dangerous machinery without supervision, inform workers of potential threats and dangers, and train workers on injury and death prevention.
2. Risk Assessment and Management
All workplaces must conduct regular risk assessments to identify potential hazards, evaluate associated risks, and implement effective control measures to reduce those risks as far as possible. This includes:
- Hazard Identification: Systematically identifying workplace hazards including slip/trip/fall risks, working at height, chemical exposures, and machinery dangers
- Risk Evaluation: Assessing the likelihood and severity of potential incidents
- Control Implementation: Establishing preventive measures and safety protocols
- Regular Review: Continuously monitoring and updating risk assessments
3. Health and Safety Management Systems
Recent amendments to the OHS Act require businesses to implement and maintain comprehensive health and safety management systems, not just policies, aligned with international standards like ISO 45001. This represents a significant shift from passive policy documents to active management frameworks.
4. Training and Supervision Requirements
Employers must ensure proper training, supervision, and work procedures for all employees, particularly when operating machinery or working in hazardous conditions. This includes:
- Initial safety orientation for new employees
- Job-specific hazard training
- Regular refresher training
- Competency assessments
- Documentation of all training provided
5. Incident Reporting and Investigation
Updated requirements mandate more detailed incident reports and comprehensive records of workplace injuries and illnesses to improve transparency and monitoring of workplace safety practices.
Recent Enforcement Actions: The Reality of Non-Compliance
Nationwide Inspection Campaign
Since July 2024, the Department of Employment and Labour has intensified enforcement through high-impact blitz inspections in partnership with the Department of Home Affairs and law enforcement agencies. KwaZulu-Natal has seen 535 inspections as part of this nationwide initiative.
These inspections have revealed instances of non-compliance including underpayment of wages, unlawful deductions, and inadequate health and safety measures, resulting in monetary corrections totalling over R10 million.
Real Prosecution Cases
The courts have handed down significant penalties for health and safety violations:
In a landmark case, Willem Vosloo of Zenco Engineering Company in Odendaalsrus was found guilty and sentenced to pay a fine of R50,000 or face 12 months imprisonment for exposing employees to unsafe working conditions after a worker was killed by machinery in 2004. The court found that Vosloo failed to conduct risk assessments and implement precautionary measures as required by General Machinery Regulations.
Financial Consequences of Non-Compliance
Criminal Penalties
Current consequences of non-compliance can lead to an R200,000 fine, or two years imprisonment, or both. Employers found in breach of the OHSA can face fines up to R1 million depending on the nature of the violation, and in severe cases may face imprisonment for up to two years.
Administrative Fines
Recent amendments introduce administrative fines up to R50,000 that inspectors can issue directly for health and safety violations, providing immediate consequences for non-compliance without requiring lengthy court proceedings.
Additional Costs
Non-compliance extends beyond direct fines:
- Compensation Claims: Substantial compensation payments to injured workers or families of deceased employees
- Insurance Premium Increases: Significantly higher insurance costs following incidents
- Productivity Losses: Lost productivity during work stoppages and investigations
- Remediation Costs: Expenses to correct non-compliant conditions
- Legal Costs: Attorney fees and court costs during prosecution
- Reputational Damage: Loss of business and client confidence
Workplace Closure
In extreme cases, the Department of Labour may close a workplace if it poses risks to employee health and safety, resulting in complete business shutdown until compliance is achieved.
Inspection Powers and Enforcement Process
Inspector Authority
Department of Labour inspectors can enter any workplace during normal working hours without prior notice and have the power to inspect any work area, tool, article, document, or process, and question any employee.
Enforcement Actions
When non-compliance is discovered, inspectors may issue:
Prohibition Notices: Stop work immediately until threats are neutralized;
Contravention Notices: May result in immediate prosecution, though employers may be allowed to correct violations within specified timeframes;
Direction Notices: Require employers to implement more effective safety measures.
Why Compliance is Essential
Legal Obligation
All businesses in South Africa, regardless of size, are legally obligated to comply with the OHS Act. Failure to do so can result in severe consequences including fines, penalties, workplace stoppages, and imprisonment.
Employee Protection and Productivity
Compliance with the OHS Act demonstrates commitment to employee well-being, leading to increased job satisfaction, productivity, and loyalty while reducing costs associated with workplace incidents, injuries, and illnesses.
Business Reputation
Compliance enhances a business’s reputation, reflecting positively on the company’s commitment to employees and dedication to quality, professionalism, and customer satisfaction.
Financial Benefits
Proactive compliance reduces:
- Medical expenses from workplace injuries
- Lost productivity from incidents
- Legal claims and compensation payments
- Insurance premiums
- Regulatory fines and penalties
Essential Compliance Steps for Employers
1. Conduct Comprehensive Risk Assessments
Identify potential workplace hazards and assess associated risks, involving employee input and resulting in actionable risk management plans.
2. Implement Control Measures
Establish appropriate control measures to eliminate or minimize identified risks, including safe work procedures, employee training, and provision of personal protective equipment.
3. Establish Health and Safety Committees
Appoint qualified health and safety representatives and establish committees as required by the regulations, ensuring proper worker consultation and participation.
4. Develop Emergency Procedures
Create and regularly test emergency response procedures, evacuation plans, and first aid protocols.
5. Maintain Documentation
Keep comprehensive records of:
- Risk assessments and reviews
- Training provided to employees
- Incident reports and investigations
- Safety meetings and committee minutes
- Equipment maintenance and inspections
- Health and safety policies and procedures
6. Regular Reviews and Updates
Regularly review and update health and safety policies to ensure ongoing compliance with the OHS Act and address changing workplace conditions.
The Current Enforcement Climate
Expanded Inspectorate Capacity
The Department plans to significantly expand the inspectorate from 2,000 to 20,000 inspectors over the Medium-Term Expenditure Framework period, implementing risk-based profiling to prioritize high-risk workplaces and introducing specialized, segment-focused compliance frameworks.
Zero Tolerance Approach
The Department’s approach balances firmness with fairness, issuing compliance orders with clear deadlines and Prohibition Notices for immediate health and safety risks. The message is clear: compliance is not optional.
Conclusion
Health and safety compliance in South African workplaces is a critical legal and business imperative. With penalties reaching R200,000 for individual violations, potential prison sentences, and the possibility of business closure, the costs of non-compliance far exceed the investment required for proper health and safety management.
The recent enforcement surge demonstrates the government’s commitment to protecting workers and holding employers accountable. As the Minister of Employment and Labour stated, “Compliance is a collective responsibility that benefits us all”.
For employers uncertain about their compliance status, the Department offers advocacy services providing information and resources to understand legal obligations. However, with intensified inspections and expanded enforcement capacity, the time for voluntary compliance is now.
Get Professional Assistance
Navigating South Africa’s complex health and safety requirements requires expert guidance.
Laboured SA provides comprehensive compliance support to ensure your business meets all legal obligations while protecting your employees and your bottom line.
Contact Laboured SA today:
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Email: info@laboured.org.za
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Phone: 082 330 3939
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Website: www.laboured.org.za
Don’t wait for an inspection to discover compliance gaps. The cost of prevention is always less than the price of non-compliance.
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