What is the Occupational Health and Safety Act No. 85 of 1993? 

Understanding the Act:

The Occupational Health and Safety Act No. 85 of 1993 is a cornerstone of workplace safety in South Africa. Enforced by the Department of Employment and Labour, this act aims to safeguard the well-being of all workers, visitors, and clients within a workplace setting.

Scope of Regulation:

The Act comprises 50 sections and 22 regulations, addressing various aspects of occupational health and safety. It covers a wide range of areas including general administrative regulations, facilities regulations, and environmental regulations. This comprehensive scope ensures that every facet of the work environment is held to rigorous safety standards.

Historical Evolution:

Originating in the late 19th century with the onset of industrialization in South Africa, the OHS industry grew out of a need for safety procedures in the workplace. Over time, the focus expanded to encompass the broader spectrum of workers' health, culminating in the establishment of the Occupational Health and Safety Act No. 85 of 1993.

The Purpose of the Act:

The primary objective of the Occupational Health and Safety Act is to provide a framework for employers and employees to collaboratively maintain a safe and healthy workplace. This entails a proactive approach, requiring employers to identify and mitigate potential hazards before resorting to Personal Protective Equipment (PPE).

Employer's Responsibilities:

Employers play a pivotal role in upholding the standards set forth by the Act. They are mandated but not limited to:

• Provide and maintain a safe working environment.
• Establish systems of work, plant, and machinery that are safe.
• Take measures to eliminate or mitigate hazards.
• Ensure the safety of all persons involved in the production, processing, use, handling, storage, or transport of articles or substances.
• Furthermore, employers must equip their workforce with the necessary information, instructions, training, and supervision to ensure their safety.

Employee's Role:

Employees also share in the responsibility for maintaining a safe workplace. They are expected but not limited to:

• Exercise reasonable care for their own and their colleagues' health and safety.
• Cooperate with the employer and other stakeholders in carrying out their duties under the Act.
• Adhere to lawful orders and safety protocols.
• Report any unsafe conditions promptly.

Health and Safety Representatives:

One of the pillars of an effective health and safety program is the appointment of health and safety representatives. These individuals are elected or selected to advocate for the health and safety interests of workers within a particular workgroup.

Their Functions Include:

• Reviewing the effectiveness of health and safety measures.
• Identifying potential hazards.
• Conducting investigations into incidents.
• Making representations to employers and committees on health and safety matters.

Health and Safety Committees:

These committees serve as a forum for comprehensive discussions on matters of health and safety. They facilitate recommendations to employers, report to inspectors when necessary, and maintain records of all recommendations made.

The Occupational Health and Safety Act No. 85 of 1993 forms the bedrock of workplace safety in South Africa. It underscores the shared responsibility of employers and employees in creating a secure work environment. By adhering to the principles and guidelines set forth in this Act, businesses can not only ensure compliance but also foster a culture of safety that protects their most valuable asset - their employees.

For more information on how Zenith Safety Consultants can help your business, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. or call 021 010 0290.