South Africa’s Occupational Health and Safety Act (OHS Act 85 of 1993) places clear obligations on employers to provide a safe working environment. Understanding what the Act requires — and what a non-compliant workplace looks like — is the starting point for every SHE representative, facilities manager, or business owner managing occupational health and safety.
What the OHS Act Requires
The OHS Act’s core obligation is set out in Section 8: every employer must, as far as reasonably practicable, provide and maintain a working environment that is safe and without risk to the health of employees.
This general duty is supported by several sets of Regulations that specify exactly what employers must do in practice.
OHS Act General Safety Regulations: Signs
Regulation 9 of the General Safety Regulations requires employers to:
- Indicate hazards, prohibition zones, mandatory actions, and safe conditions by means of safety signs
- Ensure those signs comply with SANS 1186
- Maintain signs in good, readable condition
In practice, this means every active hazard in your workplace needs a yellow warning sign, every restricted area needs a prohibition sign, every PPE zone needs a mandatory sign, and every emergency exit and fire extinguisher needs to be signed.
OHS Act General Safety Regulations: Fire Safety
Employers must:
- Provide an appropriate number of fire extinguishers in the correct locations
- Ensure extinguishers are serviced annually and tagged with a service label
- Provide a fire hose reel where required
- Display fire equipment location signs on every extinguisher, hose reel, and fire alarm call point
- Conduct a fire risk assessment for the premises
The type of extinguisher required depends on the fire risks present. A general office needs DCP and CO2; a kitchen may need foam; a server room requires CO2 only to avoid equipment damage.
OHS Act General Safety Regulations: PPE
Regulation 2 requires that employers:
- Identify work activities that require PPE
- Provide appropriate PPE to all employees at no cost
- Maintain PPE in good condition
- Ensure employees use the PPE provided
The specific PPE required depends on the hazards present. Construction sites typically require hard hats, safety footwear, hi-vis vests, and hand and eye protection. Chemical environments may require respiratory protection and face shields.
Hazardous Chemical Substances (HCS) Regulations
If your workplace uses, handles, or stores hazardous chemical substances, additional obligations apply under the HCS Regulations:
- Chemical inventory and risk assessment
- Exposure monitoring
- Medical surveillance for exposed workers
- Warning signs at all storage and handling areas
- Material Safety Data Sheets (MSDS) accessible to all workers
Construction Regulations
Sites covered by the Construction Regulations 2014 have additional requirements including:
- A Construction Health and Safety Plan
- A full-time or part-time SHE representative (depending on site size)
- Perimeter signage and site access controls
- TW-series road signs where work affects road users
- Fall protection plans for any work at height
Common OHS Act Non-Compliance Findings
The Department of Employment and Labour’s inspection teams most commonly find:
- Missing or incorrect safety signs — the most frequently cited deficiency
- PPE not provided or not in use on active work areas
- Fire extinguishers not serviced or in the wrong location
- No emergency evacuation plan posted
- No health and safety representative appointed for workplaces with more than 20 employees
- Incident register not maintained
OHS Act Key Requirements Summary
| Obligation | Who It Applies To | Penalty for Non-Compliance |
|---|---|---|
| Display SANS 1186-compliant safety signs at all hazards, exits, and PPE zones | All employers | Compliance notice; fine up to R50,000; stop-work order |
| Provide and annually service fire extinguishers and fire hose reels | All employers | Compliance notice; criminal liability if fire causes injury or death |
| Supply appropriate PPE at no cost to employees | All employers with identified hazardous work activities | Fine up to R50,000; civil liability for resulting injury |
| Conduct and document a workplace risk assessment | All employers | Compliance notice; stop-work order; criminal prosecution |
| Appoint a Safety, Health and Environment (SHE) Representative | Employers with 20 or more employees | Compliance notice; fine up to R50,000 |
| Designate a qualified first aider on site | Employers with 10 or more employees | Compliance notice; civil liability for injury outcomes |
Penalties for Non-Compliance
Under the OHS Act, non-compliance can result in:
- A compliance notice requiring rectification within a specified period
- A stop-work order preventing operations until compliance is achieved
- A fine of up to R50,000 per offence
- Criminal prosecution of the employer or responsible person for serious violations
An employer who fails to display required safety signs, provide mandated PPE, or maintain fire equipment — and where this failure contributes to injury or death — may face both civil liability and criminal charges.
Achieving and Maintaining OHS Act Compliance
A practical compliance programme covers:
- Annual SANS 1186 sign audit — check every sign in the workplace against the hazard register
- Annual fire equipment service and sign inspection
- Quarterly PPE audit — check condition and ensure supply matches requirements
- Incident reporting and investigation for all injuries and near-misses
- Induction training for new employees covering site hazards and emergency procedures
Frequently Asked Questions
What are an employer’s main obligations under the OHS Act in South Africa?▼
Under Section 8 of the OHS Act 85 of 1993, every employer must provide and maintain a working environment that is safe and without risk to employees’ health. In practice this means conducting a workplace risk assessment, displaying SANS 1186-compliant safety signs, providing PPE at no cost, maintaining fire equipment, and appointing a SHE representative where required. These obligations apply to all employers regardless of industry or workplace size.
Does the OHS Act apply to businesses with fewer than 10 employees?▼
Yes. The OHS Act applies to virtually all South African employers regardless of size. However, some obligations have employee-count thresholds: a SHE representative is required only once you employ 20 or more workers, and a qualified first aider must be designated once you reach 10 employees. Core duties — supplying PPE, maintaining fire equipment, and displaying safety signs — apply from the first employee.
What is the fine for OHS Act non-compliance in South Africa?▼
The OHS Act prescribes a maximum fine of R50,000 per offence. Where non-compliance results in a fatality or serious injury, criminal prosecution of the employer or the designated responsible person is possible, with potential imprisonment. Beyond statutory fines, employers also face civil liability for damages arising from an unsafe workplace.
What is a Section 16(2) appointment under the OHS Act?▼
Section 16(2) allows the chief executive officer (or equivalent) to delegate OHS Act responsibilities to a competent person in writing. This appointment does not remove the CEO’s personal liability — it transfers specific day-to-day obligations to the appointed individual. The appointed person must accept the responsibility in writing and must be competent to fulfil the delegated duties.
How often must a workplace risk assessment be updated?▼
The OHS Act does not prescribe a fixed review interval, but the general duty of care requires that risk assessments remain current and accurate. Best practice and most industry standards call for a full review at least once a year, as well as a review whenever there is a significant workplace change — new equipment, new processes, a workplace incident, or a change in headcount or layout.
What must an employer do after a workplace injury occurs?▼
Under the OHS Act, employers must record all workplace injuries and near-misses in an incident register. Serious injuries — those resulting in more than three days’ absence, or any fatality — must be reported to the Department of Employment and Labour within the prescribed timeframe. Employers are also required to investigate the incident, implement corrective action, and report serious incidents to the Compensation Commissioner under the COIDA Act.
What safety products are legally required under the OHS Act?▼
The OHS Act and its regulations mandate several categories of safety products in most South African workplaces: SANS 1186-compliant safety signs (warning, prohibition, mandatory, safe condition, and fire equipment signs), fire extinguishers appropriate to the fire risk present, PPE matched to identified hazards (hard hats, hi-vis vests, safety footwear, gloves, eyewear, respirators as applicable), and first aid kits. Specific industries and workplace types carry additional requirements under sector-specific regulations.
Where to Get Compliant Safety Products
Dimple Safety supplies the full range of OHS Act-compliant safety products from our Booysens, Johannesburg warehouse:
- SANS 1186-approved safety signs (all 5 categories)
- Fire extinguishers (DCP, CO2, foam) and fire blankets
- PPE — hard hats, hi-vis, footwear, gloves, eyewear, respiratory protection
📞 011 493 3000 | 🌐 dimplesafety.co.za | 📍 Booysens, Johannesburg
Request a site compliance quote — we provide itemised lists suitable for audit and procurement records.
