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Is your business fully compliant with the OHS Act?

OHS compliance is an ongoing legal obligation that touches every level of your business, from the boardroom to the shop floor. The Occupational Health and Safety (OHS) Act 85 of 1993 places clear duties on employers, and the consequences of falling short can be serious:

  • Operational shutdowns
  • Workplace accidents that could have been prevented
  • Increased financial losses due to accidents, lost stock, overtime, inflated insurance premiums, damage to assets, etc.
  • Non-conformance notices or fines issued by the Department of Employment and Labour
  • Regulatory prosecution leading to criminal liability in the event of a serious accident
  • Reputational damage

The OHS Act applies to every workplace in South Africa, across industries and regardless of the size of the organisation. It requires employers to provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risks to the health of employees. That obligation extends to the entire workplace, and specifically:

  • The physical environment
  • Equipment and machinery
  • Hazardous substances
  • Safe work procedures
  • Compliance (first aid, firefighting, H&S Rep, etc.) and competence training received
  • Supervision provided
  • Emergency preparedness

The Act extends to all workplace types. Office environments, retail spaces, healthcare facilities, logistics operations, etc., are all subject to the compliance requirements stipulated by the OHS Act and its associated regulations.

Importantly, OHS compliance isn’t a once-off exercise. Workplaces change. Equipment changes. Employees come and go. Legislation and regulations are updated. As a result, a compliance programme that was adequate two years ago may have gaps today. The obligation to ensure that the organisation continues to meet its legal obligations is continuous.

Every employer needs to ask themselves a very important question: Is my business fully compliant with the OHS Act?

What the OHS Act requires of employers

The OHS Act is clear about the responsibilities of the employer. Section 8 of the OHS Act places a general duty on every employer to provide and maintain a safe working environment. Specifically, the Act also requires employers to ensure:

  • The design, construction, and maintenance of plant, equipment, and machinery is safe
  • Safe work procedures are in place
  • Proper training and supervision are provided
  • Adequate welfare facilities are maintained
  • A functioning health and safety management system is operational

According to the Act, the responsibility for health and safety always ultimately rests with the CEO or employer, even when the general management and implementation of health and safety has been delegated in writing to a Health and Safety Officer or other employee. In the event of a serious incident, the employer remains liable.

The reality is that proactive compliance with the OHS Act costs a fraction of the potential price of being found non-compliant or negligent after a major workplace accident. In fact, research shows that health and safety compliance can positively impact the bottom line (as much as 10%).

What role does HR play in OHS compliance?

The fact that the CEO or employer remains ultimately liable for health and safety doesn’t mean that employees are free of all responsibility. The Act is clear that both the employer and employees are responsible for health and safety in the workplace.

The HR Manager in particular has an important role to play in maintaining compliance with the OHS Act. As the person responsible for human resources, you are responsible for maintaining the health and safety team organogram and ensuring that employees receive accredited OHS training where needed. In the event of a Department of Employment and Labour inspection, you will be expected to produce documentation and training records that demonstrate that the business has met its obligations under the Act.

Legally required health and safety training

The OHS Act requires employers to provide employees with the information, instruction, training, and supervision necessary to carry out their work safely. This is a specific legal requirement, and it applies from the moment an employee joins the organisation. Statutory requirements include:

  • First aid training is legally required for any workplace employing more than 10 employees
  • Health and Safety Representative training is legally required for any workplace employing more than 20 employees
  • Firefighting training including how to reduce workplace fire risks and properly use firefighting equipment
  • Evacuation training including bi-annual evacuation drills involving all staff and specialised evacuation planning training for appointed Evacuation Marshals

For the above health and safety team members, it is recommended to appoint one team member in each discipline per group of 50 employees (1:50).

  • Health and Safety Supervisor training to ensure that proper health and safety supervision is available at all times (we recommend one Supervisor per branch or large building)
  • HIRA (Hazard Identification and Risk Assessment) as Section 8 makes reference to the employer’s duty to identify hazards and appropriately control risks in the workplace
  • Ergonomics training for all employees ensuring they understand the ergonomic risks related to their work and measures in place to control these risks

Additional health and safety training may be required depending on the industry or work activities, for example 16.2 Appointee training, HAZMAT training, Stacking and Storage training, HIV/AIDS Awareness training, etc.

Common compliance gaps in HR

Training gaps are among the most common compliance failures. Typical shortfalls include:

  • Health and Safety Representatives who are elected via the incorrect appointment process – i.e. not nominated by fellow employees
  • Workplace First Aiders whose first aid certificates have expired but have not been renewed or moved a higher first aid level before expiry
  • Supervisors or line managers who do not understand the OHS Act or what should be implemented, as they have not attended H&S Supervisor training
  • Ergonomics training is a very common compliance gap as the Ergonomics Regulations are still relatively new but are currently being enforced by the Department of Employment and Labour
  • New staff members who do not receive induction training or are not fully informed of health and safety infrastructure and matters, e.g. the H&S team and committee

If an incident occurs and an employee was not adequately trained or informed, the employer may be held liable. If an inspector requests training records that cannot be produced, or finds that appointed First Aiders do not hold valid certificates from an accredited and approved training provider, they may issue a Notice of Improvement or Contravention.

Absolute Health Services is an HWSETA- and QCTO-accredited and approved provider of occupational health and safety training in South Africa. We deliver accredited OHS training designed for both employees and management, advise HR departments around training requirements for their industry and workplace, action fast turnaround times for certificates and documentation, and ultimately help you meet the compliance requirements of the OHS Act.

Through our OHS management services, we also assist with training-related needs and services, such as:

  • The development of your health and safety team organogram
  • Official appointment letters for health and safety team members
  • The establishment of Health and Safety Committees
  • Health and safety policy documentation, etc.

Our goal is to make sure that when an inspector arrives or an incident occurs, your records and your people are trained and ready.

Contact us to see whether your current health and safety team is correctly configured.

What does OHS Act compliance look like on the ground?

Documentation is only one aspect of fully complying with the OHS Act; the systems and processes put down in writing need to translate to effective health and safety activities and practices on the ground. This includes:

  • Comprehensive health and safety risk assessments repeated at least annually
  • Regular workplace health and safety inspections carried out by Health and Safety Representatives
  • Bi-annual evacuation drills
  • Sufficient, correct, and regularly maintained emergency preparedness equipment (fire extinguishers, first aid kits, directional signage, etc.)
  • Health and Safety Committee meetings that take place on at least a quarterly basis
  • Strict enforcement of safe work procedures
  • Toolbox talks

Health and safety risk assessments

The OHS Act is clear that one of the primary responsibilities of the employer under Section 8 is appropriate and effective health and safety risk management. Department of Employment and Labour inspectors always request to view the most recent health and safety risk assessment. A health and safety risk assessment that was sufficient eighteen months ago may no longer reflect the current state of your workplace, your workforce, or your operations. The Act requires employers to:

  • Identify hazards
  • Assess the risks arising from those hazards
  • Implement controls to eliminate or reduce them


To account for the introduction of new hazards and potential complacency around health and safety protocols, risk assessments should be repeated at least annually. In addition, they should also be repeated whenever there is a change in the workplace, a change in the work process, introduction of new equipment, or a workplace incident. A once-off risk assessment that gathers dust in a folder and is never reviewed, adjusted, or repeated does not constitute a compliant risk management system.

Our qualified and experienced health and safety practitioners are available nationally to assist you and your team with conducting risk assessments highlighting hazards, assessing risks, and suggesting controls, with an accompanying risk register.

Bi-annual evacuation drills

All workplaces in South Africa are required to conduct two evacuation drills per year. Many organisations view evacuation drills as an inconvenient legal requirement that simply needs to be completed. In reality, they are one of the most valuable opportunities to test your emergency preparedness and response procedures.

An evacuation drill helps your organisation to:

  • Verify that evacuation procedures are effective
  • Familiarise employees with evacuation routes and assembly points
  • Evaluate the performance of Evacuation Marshals and health and safety teams
  • Identify obstacles or weaknesses in the evacuation process
  • Test equipment to ensure that it is working correctly
  • Improve emergency preparedness and total evacuation time
  • Build employee confidence during emergencies
  • Support ongoing compliance with legislation and by-laws

Where an expert OHS consultant can help

Absolute Health Services provides specialist OHS practitioners and consultants who understand the OHS Act in technical depth. We assist with:

  • On-site health and safety risk assessments and report and risk register
  • On-site evacuation drills and accompanying reports
  • OHS equipment assessment to ensure the workplace is equipped with all the necessary health and safety and emergency preparedness equipment
  • Conducting OHS compliance assessments to determine current compliance position or status (a compliance percentage rating) which can then be used to plan the way forward
  • Developing and implementing tailored health and safety management system solutions
  • Ergonomic risk assessments and training in order to comply with the Ergonomics Regulations
  • Health and safety file compilation

Our OHS practitioners work alongside your team as an extension of your capability. We help you build a programme that is tailored to your unique requirements, aimed at assisting you in achieving OHS compliance, and prepares your health and safety team to respond to emergencies. We work together with you to continuously mould and develop the framework of your health and safety system.

Request an OHS Compliance Assessment to get a high-level picture of your current compliance status.

One partner, total OHS compliance support.

At Absolute Health Services, we offer a complete range of OHS services and solutions tailored to helping you achieve compliance with the OHS Act. We strive to meet all of your OHS needs under one roof.

We are fully accredited and experienced across a range of industries and sectors. We work hand-in-hand with your team as your business evolves, keep pace with legislative changes, and assist you in achieving and maintaining full compliance with the OHS Act.

Don’t wait for an inspection or an incident to find out that you’re not meeting your legal OHS Act obligations. Get in touch today and find out exactly where your business stands.