Basic Guide to Employer Health and Safety Duties

Maintaining a safe and healthy work environment is not only a legal requirement but also a fundamental ethical duty for employers. South Africa’s Occupational Health and Safety Act (OHSA), 1993, requires employers to take proactive steps to safeguard their employees from risks and hazards. This guide outlines the key duties of employers, the role of employees, and the importance of compliance in fostering a safe workplace.  

Employer Duties Under OHSA   

1. Create a Safe Workplace  

Employers must provide a working environment that is free from hazards and risks to health. This includes:  

• Recognising potential hazards.  

• To minimise risks establish control measures.  

• Ensuring that all equipment, processes, and systems are safe to use.   

2. Conduct Risk Assessments  

   Employers are required to routinely evaluate the workplace to detect:  

• Physical, chemical, and biological risks.  

• Risks posed by equipment, machinery, and operational processes.  

3. Provide Safety Equipment and Training  

Employers are tasked with:  

• Providing suitable personal protective equipment (PPE) to Employees in the workplace.  

• Ensuring employees receive certified training in the safe use of equipment.  

• Educating employees about workplace risks and emergency procedures.  

4. Maintain Machinery and Tools  

Regular maintenance and inspections of all machinery, tools, and safety systems must be conducted to ensure safe operation.  

5. Establish Health and Safety Representatives and Committees  

• Health and Safety Representatives:  
  Workplaces with more than 20 employees must appoint representatives to monitor safety, conduct inspections, and report hazards.  

• Health and Safety Committees:  
  Required for workplaces with two or more representatives, committees meet regularly to discuss and address safety concerns.  

6. Develop and Enforce Policies  

Employers must create clear health and safety policies, ensuring employees understand and adhere to them.  

7. Incident Reporting and Investigation  

 All workplace accidents, injuries, and fatalities must be reported to the Department of Labour promptly and within the required timeframes. Employers must investigate incidents and take corrective actions to prevent recurrence.  

8. Provide Medical Surveillance  

In workplaces where employees are exposed to hazardous substances or conditions, regular medical examinations must be conducted.  

Employee Responsibilities   

Workers play an essential role in ensuring and maintaining a safe workplace environment. Their responsibilities include:  

• Following established health and safety guidelines and procedures as required by legislation.  

• Using provided PPE correctly.  

• Reporting unsafe conditions or hazards to supervisors or safety representatives.  

• Cooperating & assisting during health and safety inspections and investigations.

Enforcement and Compliance  

The Department of Labour enforces OHSA through health and safety inspectors who conduct regular workplace inspections. Inspectors have the authority to:  

• Issue Improvement Notices requiring corrective action within a specific timeframe.  

• Issue Prohibition Notices to halt work or processes that pose an immediate danger.  

Severe penalties, including fines or prosecution can result due to non-compliance.

Importance of a Safety Culture  

Creating a safe workplace is not just about compliance; it’s about fostering a culture where health and safety are prioritised. By working together, employers and employees can minimise risks, prevent injuries, and promote a productive work environment.