Is Your Business OHS Compliant? Here's What the Law Actually Requires

If you run a business in South Africa, Occupational Health and Safety (OHS) compliance is not a box to tick — it is a legal obligation that carries serious consequences if ignored. Yet many business owners and HR managers are unclear on exactly what the law demands. This guide breaks it down plainly.

The Law in Plain English

The Occupational Health and Safety Act, No. 85 of 1993, requires every employer in South Africa to provide and maintain a working environment that is safe and without risk to the health of employees. This applies to businesses of all sizes and across all industries — from construction sites to office buildings.

What Does 'Compliance' Actually Mean for Your Business?

Under the OHS Act, your obligations as an employer include:

•        Appointing a competent Health and Safety Representative if you employ more than 20 people

•        Establishing a Health and Safety Committee if you have two or more safety representatives

•        Conducting regular risk assessments for all workplace hazards

•        Providing employees with training on workplace hazards and safe working procedures

•        Ensuring all machinery, equipment, and substances are safe to use

•        Keeping accurate records of incidents, training, and inspections

•        Reporting workplace accidents and dangerous occurrences to the Department of Employment and Labour

The Consequences of Non-Compliance

A Department of Employment and Labour (DoL) inspector has the authority to:

•        Issue improvement notices requiring you to fix specific safety shortcomings within a set timeframe

•        Issue prohibition notices that immediately halt operations in a hazardous area

•        Issue fines of up to R100,000 per contravention

•        Pursue criminal prosecution for severe violations, with prison sentences possible

Beyond fines, a single workplace incident can expose your business to civil claims, reputational damage, increased insurance premiums, and COID (Compensation for Occupational Injuries and Diseases) complications.

Training is Central to Compliance

One of the most frequently cited shortcomings during DoL inspections is the lack of proper safety training. Employees must be trained — not just told — how to work safely. This training must be documented, accredited where required, and repeated at regular intervals.

Courses that are typically mandatory or strongly recommended for compliance include:

•        First Aid Level 1, 2, and 3

•        Fire Fighting (basic and advanced)

•        Health and Safety Representative training

•        Incident Investigation

•        Construction Regulations compliance training

•        Hazardous Chemical Substances (HCS) awareness

How FTS Safety Group Can Help

FTS Safety Group offers a full suite of accredited OHS training courses across our branches in Durban, Cape Town, Johannesburg, and Pietermaritzburg. Our courses are designed specifically for the South African business environment and are aligned with relevant legislation and SETA accreditation standards.

Whether you need to train five employees or five hundred, we can deliver training at our centres or at your premises — making compliance as simple as possible for your team.