The Occupational Health and Safety Act 85 of 1993 – often referred to simply as the OHS Act – forms the foundation of workplace health and safety regulation in South Africa. This landmark legislation aims to ensure that every employer maintains a safe, risk-free work environment and that every employee actively participates in protecting their own health and safety.
This Occupational Health and Safety Act summary simplifies the core principles of the OHS Act to assist business owners and CEOs to understand their duties and responsibilities. Whether you’re in construction, manufacturing, or an office environment, this summary of the Occupational Health and Safety Act 85 of 1993 will help you interpret your duties under South African law.
(*Please note that this article is intended to provide a high-level introduction to the OHS Act and does not constitute legal advice. Please refer to the full OHS Act.)
The Occupational Health and Safety Act South Africa summary highlights that the legislation is designed to protect the health and safety of workers in South Africa by preventing injuries, illnesses, and fatalities in the workplace.
Under the OHS Act, employers must take reasonable steps to prevent harm, identify hazards, and manage risks. The OHS Act applies to all workplaces in South Africa, from corporate offices to industrial facilities, construction sites, and farms.
The South African Occupational Health and Safety Act 85 of 1993 replaced the earlier Factories, Machinery and Building Work Act, bringing all workplaces under one unified legal framework.
The Act is enforced by the Department of Employment and Labour, whose inspectors are empowered to:
The OHS Act 85 of 1993 includes 50 sections and 26 regulations. Below are the key takeaways of the most significant sections of the summary of Occupational Health and Safety Act:
Employers must prepare a written Health and Safety Policy outlining how they plan to control workplace risks and protect employees. This document must be visible to all staff.
Every employer must, as far as is reasonably practicable, ensure a working environment that is safe and without risks to health. This includes:
Employees must:
The Chief Executive Officer (CEO) has a duty to ensure that the employer fulfills their OHS responsibilities. This duty can be delegated in writing to a competent person (the 16.2 Appointee) who oversees health and safety on behalf of the CEO. However, the employer and CEO are ultimately responsible for ensuring compliance with the OHS Act.
Workplaces with 20 or more employees must appoint Health and Safety Representatives to represent employees’ health and safety interests. H&S Reps must be nominated and elected by employees, must be full-time employees, may only carry out their responsibilities during normal working hours, and must be familiar with the work performed in their area of responsibility. Health and Safety Representatives must be appointed in writing for a designated period.
Where two or more Health and Safety Representatives are appointed, employers must establish Health and Safety Committees to discuss incidents, propose health and safety recommendations to the employer, and drive health and safety in the organisation. Committees must meet at least once every three months.
Employers must report to the inspector all major incidents that result in an employee becoming permanently disabled, being unable to work for 14 or more days, becoming unconscious, or dying. Incidents where employees were endangered by chemical spills, the uncontrolled release of a substance under pressure, or machinery malfunctions must likewise be reported.
Any employer or employee found negligent under the OHS Act can face fines of up to R100,000, imprisonment for up to two years, or both. Criminal liability applies if non-compliance leads to serious harm or fatalities.
Under this Occupational Health and Safety Act summary South Africa, employers are legally required to:
An employer’s compliance with these obligations fulfills the core intent of the Occupational Health and Safety Act: protecting the health of everyone at work.
In a compliant workplace, employees share accountability for safety. The OHS Act emphasises that employees must:
The Occupational Health and Safety Act 85 of 1993 provides employees with the following rights:
Inspectors from the Department of Employment and Labour actively monitor OHS compliance. They have the authority to:
Employers are obligated to cooperate with inspectors and take immediate corrective action when notified. Inspectors may initiate prosecution when necessary.
For South African companies, understanding the Occupational Health and Safety Act ensures more than compliance – it’s about protecting lives, avoiding legal penalties, and building trust with employees.
When employers and employees work together to implement the Act’s provisions, they create safer, more sustainable workplaces that meet both domestic and international standards.
Understanding the Occupational Health and Safety Act 85 of 1993 is more than a legal requirement – it’s a commitment to protecting people and improving performance. Compliance reduces risk, prevents costly incidents, and builds trust across every level of your organisation.
A strong health and safety culture doesn’t happen by accident. It starts with informed leadership, regular risk assessments, and empowered employees. By implementing the OHS Act effectively, you create safer, more resilient workplaces that drive long-term success.
Absolute Health Services helps businesses achieve full OHS compliance through risk assessments, policy development, and accredited training. Protect your people, strengthen your operations, and secure your future — contact Absolute Health Services today.
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