Legal Requirement
The Occupational Health and Safety Act 85 of 1993 (OHS Act) is the primary legislation governing workplace health and safety in South Africa, applicable to all workplaces except mines (which fall under the Mine Health and Safety Act 29 of 1996).
The Act requires employers to appoint and train Health and Safety Representatives (HSRs) in workplaces with more than 20 employees. These representatives must receive formal training to carry out their legal functions — including workplace inspections, hazard reporting, and participation in safety committees. DUNMORE's HSR programme is designed specifically to satisfy this requirement.
Non-compliance with the OHS Act may result in improvement notices, prohibition notices, fines, and — in serious cases — prosecution of directors and managers under Section 37(2) of the Act, which extends liability to individuals who failed in their supervisory duty.
Key Duties Under the OHS Act
Employer (Section 8)
Provide and maintain a safe workplace, systems of work, and working environment. Conduct risk assessments and put controls in place.
Employer (Section 9)
Ensure that non-employees on the premises are not exposed to hazards. Applicable to contractors and visitors.
Employee (Section 14)
Take reasonable care for own health and safety and that of others. Report unsafe conditions. Co-operate with employer on OHS measures.
Designer / Manufacturer (Section 10)
Ensure that plant, machinery, or substances designed or manufactured are safe when properly used.
SHE Representative (Section 17)
Inspect the workplace, review incidents and near-misses, represent employees in OHS matters, and participate in Safety Committees.
Source: OHS Act 85 of 1993. Refer to the full Act and supporting regulations for sector-specific provisions.
Applicable Legislation & Regulations
Occupational Health and Safety Act 85 of 1993 (OHS Act)
The primary legislation governing occupational health and safety in South African workplaces (excluding mining). Section 8 places a general duty of care on employers; Section 14 places duties on employees. The Act establishes the appointment of SHE Representatives and Safety Committees as mandatory structures in qualifying workplaces.
OHS Act — Section 17: Safety Representatives
Every employer with more than 20 employees must designate a Health and Safety Representative (HSR) for each work process or section. HSRs must be trained and must receive reasonable time to carry out their functions without loss of remuneration. DUNMORE's HSR course directly satisfies this training requirement.
OHS Act — Section 19: Safety Committees
Employers with two or more HSRs must establish a Safety Committee. The committee must meet at least quarterly and must be formally constituted. Training for committee members in OHS procedures, incident reporting, and legal compliance is strongly advised and forms part of DUNMORE's H&S programme range.
General Safety Regulations (GNR 1031 of 1986, as amended)
Prescribes requirements for personal protective equipment, machine guarding, first aid, fire precautions, stacking and storage, and general safety measures applicable to all workplaces falling under the OHS Act.
Construction Regulations 2014 (GNR 84 of 7 February 2014)
Promulgated under the OHS Act. Applicable to all construction work. The Regulations require that contractors appoint trained construction supervisors, Health and Safety Officers, and qualified persons for hazardous work. OHS awareness training is required for all persons on a construction site.
Hazardous Chemical Substances Regulations (GNR 1179 of 1995)
Employers handling hazardous substances must ensure employees are trained in the safe handling, storage, and disposal of such substances. Programmes covering HIV in the Workplace and Chemical Hazard Awareness complement these requirements.
Environmental Regulations for Workplaces (GNR 2281 of 1987)
Regulates ventilation, lighting, noise, temperature, and housekeeping in the workplace. Employers must assess and control occupational hygiene risks. Health and Safety training includes an overview of applicable standards and employee duties.
Available Programmes
OHS Act Awareness for Employees
Overview of employee rights and duties under the OHS Act. Covers sections 8, 14, and General Safety Regulations. Recommended for all staff.
Health and Safety Representative (HSR)
Mandatory training for appointed HSRs under OHS Act Section 17. Covers inspections, reporting, hazard identification, and Safety Committee procedures.
Safety Committee Member Training
Equips committee members with the tools to run effective OHS meetings, maintain records, and drive workplace health and safety compliance.
Incident Investigation and Reporting
Covers OHS Act incident reporting requirements, root cause analysis, COID Form WCL forms, and corrective action documentation.
HIV and AIDS in the Workplace
Peer education programme aligned to the Department of Health and SA National AIDS Council (SANAC) framework. Required in many public sector and agricultural sector workplaces.
Occupational Health and Safety Manager
QCTO-aligned qualification for persons responsible for OHS management systems. Covers compliance auditing, risk assessment frameworks, and Systemic Cause Analysis.