8 October 2026 by ASC Team
An ISO 45001 system has to carry the OHS Act, not sit beside it. Clause 5.2 c) commits the policy to fulfilling legal requirements, clause 6.1.3 requires you to determine them and how they apply, and clause 9.1.2 requires you to evaluate compliance. On a South African site that means the employer’s duties in sections 8, 9 and 13 of the OHS Act, the chief executive officer’s duty in section 16, representatives and committees under sections 17 to 20, incident reporting under section 24 and the General Administrative Regulations, the COID Act, and the regulations for chemicals, noise, machinery, construction and more, including the 2024 regulations that replaced older ones on 6 September 2026.
Why does a management system have to carry the law?
Because the law applies whatever the certificate says. ISO 45001 is voluntary, and the Occupational Health and Safety Act 85 of 1993 makes no mention of certification. A Department of Employment and Labour inspector acts under sections 29 to 31 of the Act, and nothing in it reduces an employer’s duties or an inspector’s powers because a site holds a certificate.
The standard knows this. Its intended outcomes include fulfilment of legal requirements. Clause 6.1.3 requires you to determine the up-to-date legal requirements for your hazards, risks and system, how they apply and what to communicate, and to keep documented information on them. Clause 9.1.2 requires you to evaluate compliance at a set frequency and retain the result.
What are the employer’s general duties, and where do they land in ISO 45001?
| OHS Act | The duty, in short | ISO 45001 |
|---|---|---|
| Section 8(1) | Provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of employees | 6.1.2, 8.1 |
| Section 8(2)(b) | Eliminate or reduce a hazard before resorting to personal protective equipment | 8.1.2, the hierarchy of controls |
| Section 8(2)(d) | Establish the hazards and the precautionary measures, and provide the means to apply them | 6.1.2.1, 6.1.2.2 |
| Section 8(2)(e) and (i) | Information, instruction, training and supervision; work under the general supervision of a trained person with authority | 7.2, 7.3 |
| Section 9 | Conduct the undertaking so that people other than employees are not exposed to hazards, as far as is reasonably practicable | 6.1.2.1 e), 8.1.4.2 |
| Section 13 | Make employees aware of hazards and precautions; inform representatives of inspections and of incidents in their area | 7.3, 7.4, 5.4 b) |
| Section 14 | Employees take reasonable care, obey the rules, and report unsafe situations and incidents | 7.3, 10.2 |
“Reasonably practicable” carries most of the weight. Section 1(1) of the Act judges it on four factors: how severe and widespread the hazard or risk is; what is reasonably known about it and how to remove or reduce it; whether the means to do so are available and suitable; and the cost compared with the benefit. A HIRA register that records why each control was chosen, level by level down the hierarchy, is how you show you applied that test.
What must be reported, to whom and by when?
This is where I find the most confusion, and it is the statutory core of clause 10.2.
| What happened | Who reports, and how | Source |
|---|---|---|
| A person dies, becomes unconscious, loses a limb or part of a limb, or is injured or made ill so that they are likely to die or suffer a permanent physical defect; a major incident; or an incident that endangered health or safety, such as a dangerous substance spilled or machinery running out of control | The employer or user reports forthwith to the provincial director by telephone, fax or similar means | OHS Act section 24(1); General Administrative Regulation 8 |
| An incident under section 24(1)(a), including injury that is likely to keep a person unable to work for at least 14 days | Report to the provincial director within seven days of the incident on form WCL 1 or WCL 2; decide on the medical prognosis at the time, not on day 14 | General Administrative Regulation 8 |
| An incident involving a person other than an employee, such as a contractor’s worker or a visitor | Report forthwith to the provincial director by fax or similar means, with the particulars regulation 8(3) lists | General Administrative Regulation 8(3) |
| Every reportable incident and every incident needing medical treatment other than first aid | Record on Annexure 1, kept at the workplace for at least three years; investigate within seven days; the committee reviews each record at its next meeting | General Administrative Regulation 9 |
| An accident to an employee | The employer reports to the Compensation Commissioner within seven days of receiving notice of it. Since 1 April 2026, law firms report, a late report can cost an administrative penalty of 10 percent of the employee’s annual earnings | COID Act section 39(1), as amended |
| An occupational disease | The medical practitioner reports on WCL 22 within 14 days; this duty sits with the practitioner, not the employer | OHS Act section 25; General Administrative Regulation 8 |
Section 24(2) freezes the scene only after a death, a likely death or the loss of a limb or part of one: nobody disturbs it without an inspector’s consent, except to prevent a further incident, remove the injured or dead, or rescue people. Other reportable incidents do not freeze the scene; preserve it anyway, as evidence. Put that in the emergency procedure.
The COIDA regulations of 6 March 2026, as law firms report them, also require every employer to appoint an Employee Health and Wellness Representative, support an injured employee’s return to work and keep rehabilitation records for at least 30 years. Put the appointment on your legal register.
Regulation 9 requires the investigation and the committee review; clause 10.2 requires workers to take part, causes to be determined and the record communicated to workers and their representatives. One process can meet both.
What does the Act say about representatives and committees?
Section 17(1) requires an employer with more than 20 employees at a workplace to designate health and safety representatives in writing. Only full-time employees acquainted with the workplace are eligible (section 17(4)). Section 17(5) sets the numbers: at least one for every 50 employees or part of 50, or one for every 100 in shops and offices. General Administrative Regulations 6 and 7 require an agreement on nomination, term, functions and training first.
Section 19 requires a committee where two or more representatives are designated, meeting at least once every three months. It must discuss any incident in which a person was injured, became ill or died (section 20) and keep its records for three years (regulation 5).
Clause 5.4 is wider: consultation and participation of workers at all applicable levels and functions, with obstacles and barriers removed. Sections 17 to 20 are the statutory floor it stands on. The Act excludes a labour broker from the definition of employer, so the case site’s 60 agency staff count: 460 employees need at least ten. Nine were designated; three left, and the committee last met in February 2026.
Which regulations matter on a food site, and what has changed?
The Noise Exposure Regulations, 2024 replaced the Noise-induced Hearing Loss Regulations, 2003. The Physical Agents Regulations, 2024 replaced the Environmental Regulations for Workplaces, 1987. The old regulations were repealed on 6 September 2026, 18 months after the 2024 regulations were published in Government Gazette 52226 of 6 March 2025. And the Regulations for Hazardous Chemical Agents refer to the UN Globally Harmonized System; they do not require SANS 10234, which is the South African national standard aligned with it.
| Regulations | What they ask on a food site | ISO 45001 |
|---|---|---|
| General Safety Regulations, 1986 | PPE free of charge and instruction in its use; certified first aiders; confined space entry only after a competent person certifies the atmosphere; stacking; hot work; housekeeping, flooding and fire precautions added in March 2025 | 8.1.2, 8.2 |
| Regulations for Hazardous Chemical Agents (GN R280 of 2021) | Risk assessment at intervals not exceeding two years; air monitoring where limits apply; medical surveillance where regulation 7(1) applies, which the risk assessment decides; training before exposure; GHS safety data sheets and labels; records kept 30 years | 6.1.2, 7.2, 9.1.1 |
| Noise Exposure Regulations, 2024 | Noise risk assessment, monitoring, noise zones, hearing protection, medical screening and surveillance, and records | 6.1.2, 9.1.1 |
| Physical Agents Regulations, 2024 | Heat stress in kitchens, cold stress in freezers, vibration and lighting assessed and monitored | 6.1.2, 9.1.1 |
| Ergonomics Regulations, 2019 | Ergonomic risk assessment by a competent person, repeated at intervals not exceeding two years | 6.1.2 |
| General Machinery Regulations, 1988 and Driven Machinery Regulations, 2015 | A competent person designated for machinery; dangerous parts safeguarded; positive isolation during repairs; mixers, conveyors, refrigeration plant and lifting machines covered | 5.3, 8.1.2 |
| Pressure Equipment Regulations, 2009 | Boilers and pressure vessels operated within design limits and inspected by an approved inspection authority; a record of every inspection and repair | 8.1.1, 9.1.2 |
| Construction Regulations, 2014 | A client’s baseline risk assessment and health and safety specification for building work it commissions | 8.1.3, 8.1.4.2 |
How do you turn all this into a legal register that works?
Start from the hazards, not from a list of Acts. The chemical store pulls in the Hazardous Chemical Agents Regulations; the boiler pulls in the Pressure Equipment Regulations; the cold store project pulls in the Construction Regulations. For each line, record:
- The instrument, its full title and the section or regulation.
- The requirement, and how it applies on this site (6.1.3 b)).
- What must be communicated, and to whom.
- The owner and the evidence of compliance.
- The evaluation frequency and method (9.1.2 a)), the last result and any action.
A register that still lists the 2003 noise or 1987 environmental regulations as current is wrong.
What happens if a site gets it wrong?
An inspector can issue notices and, under section 30, prohibit dangerous work, as on real food sites. From the public record, with no cause claimed: in January 2023 a poultry farm in Paarl was prohibited from using a pit area where two workers died and six were injured after developing breathing difficulties; in May 2026 two employees on a Humansdorp dairy farm were found dead inside a milk cooling tank; and in July 2026 a fast food outlet in Bloemfontein was closed under a prohibition notice after a worker died from hot oil burns. Section 38 sets, for the listed offences, fines of up to R50 000 or a year in prison, or both, rising to R100 000 or two years where an injury would have been culpable homicide had the person died.
Frequently asked questions
Does the OHS Act require ISO 45001?
No. No provision of the Act requires ISO 45001 or any certification. The standard is a way of showing, every day, that the duties in the Act are being met.
Does the OHS Act require a written health and safety policy?
Not for every employer. Section 7 lets the chief inspector direct an employer to prepare one. ISO 45001 clause 5.2 requires a policy regardless.
Are the 2003 noise regulations still in force?
No. They were repealed on 6 September 2026, 18 months after the Noise Exposure Regulations, 2024 were published on 6 March 2025. Register the 2024 regulations as current law.
Must we keep a copy of the Act on site?
Yes, with five or more employees: General Administrative Regulation 4 requires a copy of the Act and the relevant regulations readily available at the workplace.
Do the Act’s duties cover agency workers?
Yes, under section 8. The OHS Act excludes the labour broker from the definition of employer in section 1(1), so agency staff under your direction are your employees for the Act and you owe them the section 8 duty; for compensation under the COID Act the broker is the employer. ISO 45001 counts them as workers under clause 3.3.
Does the OHS Act apply to mines?
No. Section 1(3)(a) excludes mines, which fall under the Mine Health and Safety Act 29 of 1996.
Which ASC course teaches the legal duties a manager carries?
This guide is drawn from ISO 45001 Management Awareness, FS61, written for the managing director, directors, section 16(2) assignees and department managers.
R1 295, prices in rand with no VAT added. About 4 hours, self paced, lifetime access.
- Sections 8, 9, 13, 16, 24, 37 and 38 of the OHS Act, and the reasonably practicable test.
- The first 24 hours after an injury: section 24, the General Administrative Regulations, the COID Act and clause 10.2.
- Timed assessments at 70 percent and a certificate with a verification code.
The person who has to build the legal register itself needs ISO 45001:2018 Understanding and Implementation, FS62, R3 950, which builds it in the OH&S Legal Register tool.
Enrol now and know what you signed. All eight courses are at ISO 45001 training. Questions about fit, or a group arrangement: WhatsApp ASC.
Related guides: Section 16(2) appointments, 37(2) agreements and what the MD personally signs up to and How to implement ISO 45001.
Sources
- Occupational Health and Safety Act 85 of 1993
- General Administrative Regulations, 2003; General Safety Regulations, 1986; Regulations for Hazardous Chemical Agents (GN R280 of 2021); Noise Exposure Regulations, 2024; Physical Agents Regulations, 2024; Ergonomics Regulations, 2019; General Machinery Regulations, 1988; Driven Machinery Regulations, 2015; Pressure Equipment Regulations, 2009; Construction Regulations, 2014
- Compensation for Occupational Injuries and Diseases Act 130 of 1993
- ISO 45001:2018, Occupational health and safety management systems: Requirements with guidance for use (ISO)
- Government Gazette 52226, 6 March 2025, LawLibrary
- COIDA penalties and 2026 regulations: CMS; ENS
- Incidents: eNCA, 13 January 2023; Scrolla via AllAfrica, 22 May 2026; OFM, 17 July 2026
This guide is training, not legal advice. ISO 45001 is copyright and is not reproduced here. ASC is not affiliated with ISO. Last updated 8 October 2026.