Workplace health and safety obligations under the Occupational Health and Safety Act apply broadly across South African businesses, not only to obviously hazardous industries like construction or manufacturing, and understanding the baseline requirements protects both employees and the business from real legal exposure.
These are the core obligations that apply widely.
The employer’s general duty of care
Every employer has a general duty to provide and maintain a working environment that is safe and without risk to employee health, so far as is reasonably practicable, which applies regardless of how low-risk the specific industry might seem.
This includes providing information, training and supervision necessary to ensure health and safety, not only physical safety measures like equipment and premises.
Risk assessment and specific hazard categories
Identifying and assessing risks specific to your actual workplace, whether physical hazards, ergonomic issues, or exposure to specific substances, is a genuine legal requirement, not only good practice.
Specific regulations under the Occupational Health and Safety Act cover categories including general safety, facilities, and hazardous substances, and confirming which specific regulations apply to your workplace matters more than assuming a general summary covers everything.
Reporting and record-keeping obligations
Workplace incidents above a certain severity threshold must be reported to the Department of Employment and Labour, and proper records of risk assessments, training and incidents need to be maintained, not only for compliance but because they genuinely help identify patterns before a serious incident occurs.
A business without these basic records in place is both non-compliant and effectively unable to demonstrate it took health and safety seriously if an incident is ever investigated.
Build this into ordinary operations, not a once-off exercise
Health and safety compliance that only gets attention after an incident, or before an inspection, is a warning sign. Build regular review into normal operations so compliance reflects genuine ongoing practice.
Our guide to employer rights covers the balance between an employer’s operational rights and these genuine safety obligations.
Frequently asked questions
Does health and safety law only apply to hazardous industries?
No. The general duty of care applies broadly across businesses, regardless of how low-risk the specific industry appears.
What is the employer’s general duty under the Act?
To provide and maintain a working environment safe and without risk to health, so far as is reasonably practicable, including training and supervision.
Is risk assessment a legal requirement?
Yes, specific to the actual workplace’s hazards, not simply good practice.
What must be reported to the Department of Employment and Labour?
Workplace incidents above a certain severity threshold, alongside maintaining proper records of assessments, training and incidents.
Should health and safety only be reviewed before an inspection?
No. Building regular review into normal operations reflects genuine ongoing compliance rather than a reactive, once-off exercise.
Further reading
Originally published in 2024. Updated September 2026 into a clearer breakdown of workplace health and safety legal requirements, beyond obviously hazardous industries.
