SHEQ SERVICES · LEGAL COMPLIANCE
OHS legal compliance
Every business in South Africa must comply with the Occupational Health and Safety Act, whatever its size or industry. We show you exactly where you stand, then help you build and maintain a health and safety system that closes the gaps.
Compliance isn't optional, but it can be simple
Legal compliance is the minimum, not a nice-to-have. The OHS Act 85 of 1993 applies to every employer, from a five-person office to a factory running three shifts. What changes from business to business is the level of compliance: which regulations apply, which appointments you need and how much documentation is reasonable.
Most businesses we meet aren't ignoring the law. They just don't know which parts apply to them, or they have a file of documents nobody has looked at since they were bought. That leaves the chief executive officer and managers personally exposed. Under Section 16 of the Act, the CEO is responsible for the employer's duties, and can assign them to others but stays accountable.
We take the guesswork out. We measure your business against the legislation that applies to it, show you the gaps in order of risk, and help you fix them in a way your team can keep up.
What's included
- Gap analysis. We measure every element of your organisation against the OHS Act and its regulations, and the report highlights where you're at risk.
- Legal register. A list of the Acts, regulations and standards that apply to your operation.
- Legal appointments. Section 16(2) assignees, health and safety representatives, first aiders, fire fighters, evacuation marshals and other competent persons, with each appointee's duties written into the letter.
- Health and safety system. Policies, procedures and registers tailored to your organisation. There's no one-size-fits-all system.
- Risk assessments for routine and non-routine work, so you know your level of exposure.
- Training for employees and role-players: induction, appointees and management.
- Ongoing maintenance. Regular check-ins, audits and updates as the law or your business changes.
How it works
- Gap analysis. A BMS consultant visits your site, reviews your documents and talks to key people. You get a report that ranks each gap by risk.
- Plan. We agree priorities with you: what must be fixed now, what can follow, and who owns each item.
- Build the system. We put in place the appointments, policies, procedures, risk assessments and registers your business actually needs, and nothing it doesn't.
- Train. Our facilitators train your appointees and staff so they understand their duties.
- Maintain. We come back to audit, update the legal register and keep the system current. You can also run it day to day in SHEQ24, our group company's compliance software.
Who it's for
- Owners and MDs who want to know, in plain language, whether the business is compliant
- HR and operations managers who've inherited health and safety on top of their day job
- SHEQ managers preparing for a client audit, a tender or a Department of Employment and Labour inspection
- Growing businesses that have passed 20 employees and now need health and safety representatives and a committee
Industries: food and beverage manufacturing · warehousing · construction · laboratories · engineering · offices and retail
The law behind itThe Acts and regulations behind this service
| Law | Section | What it requires |
|---|---|---|
| Occupational Health and Safety Act 85 of 1993 | Section 8 | General duties of employers to their employees: a safe workplace, safe systems of work, information, training and supervision. |
| Occupational Health and Safety Act 85 of 1993 | Section 16 | The CEO is responsible for the employer's duties and may assign them to others, but stays accountable. |
| Occupational Health and Safety Act 85 of 1993 | Section 17 | Employers with more than 20 employees at a workplace must designate health and safety representatives. |
| Occupational Health and Safety Act 85 of 1993 | Section 19 | Where two or more health and safety representatives are designated, the employer must establish a health and safety committee. |
| Occupational Health and Safety Act 85 of 1993 | Section 24 | Certain incidents must be reported to an inspector. |
| Occupational Health and Safety Act 85 of 1993 | Section 37(2) | Written agreements with mandataries (contractors) about health and safety responsibilities. |
| General Safety Regulations | First aid provisions | First aiders and first aid boxes must be provided. |
Does the OHS Act apply to small businesses?
Yes. The OHS Act applies to every employer in South Africa, regardless of size or industry, with a few exceptions such as mines, which fall under separate mining legislation. A small business has fewer appointments and simpler documents than a large factory, but the duty to provide a safe workplace under Section 8 is the same.
What is a Section 16(2) appointment?
A Section 16(2) appointment is how the chief executive officer assigns some of their health and safety duties to another manager. The CEO stays accountable but shares the responsibility in writing. The appointment letter should spell out exactly which duties are assigned, and the appointee should be competent and trained to carry them out.
When do we need health and safety representatives?
Under Section 17 of the OHS Act, an employer with more than 20 employees at a workplace must designate health and safety representatives. Where two or more representatives are designated, Section 19 requires a health and safety committee. We help with the appointments, and our Health & Safety Representative course trains your representatives for the role.
What happens if we're not compliant?
An inspector can issue a contravention, improvement or prohibition notice, and serious non-compliance can lead to criminal prosecution under the Act. After an incident, the Compensation for Occupational Injuries and Diseases Act (COIDA) usually stops employees suing the employer (section 35), but negligence can lead to increased compensation under section 56, contractors and members of the public can still claim, and managers can face criminal liability under the OHS Act. A gap analysis shows you where you stand so you can fix the highest-risk gaps first.
How long does it take to become compliant?
It depends on your starting point and the size of your site. Closing the gaps can take weeks for a small business, or a few months for a larger site with many appointments and procedures. We give you a prioritised plan so the most important items are done first. We confirm the timeline in your written quote.
Get in touch
Find out where you stand
Start with a gap analysis. We'll show you what applies to your business and what to fix first.
- Phone064 549 5312
- Emailinfo@bmsholdings.co.za
- AddressThe Colosseum, First Floor, Century Way, Century City, Cape Town, 7441