Compliance to the Occupational Health and Safety (OHS) is a mandatory requirement for every business operating in South Africa. Companies are not only required to know their duties with regard to compliance, it is also their responsibility to stay informed of legislative changes and updates pertaining to the OHS. Legislation such as the Occupational Health and Safety Act, 85 of 1993 (OHS Act), the Mine Health and Safety Act,  29 of 1996 (MHS Act) and the Compensation for Occupational Injuries and Diseases Act, 130 of 1993, (COID Act) represent just three out of a potential 15 acts that impose OHS compliance in South Africa.

"A costly fine is just one of the many consequences of non-compliance, which is why it’s important to stay informed about changing legislation," according to Mark Andersen, Operations Manager for LexisNexis Compliance.

“We rarely hear of OHS prosecution or civil cases going to court, because of out-of-court settlements, however there are many instances of companies that have suffered the consequences of non-compliance,” he added.
“Furthermore, there are more implications to poor health and safety practices than the might of the law. Reputational risk must be factored in, as well as lower levels of production and hampered employee performance resulting from poor working conditions,” he added.

Individuals responsible for compliance should have the means at their disposal to stay above board. “In most cases, HR managers, HR consultants, operations managers, facilities managers and safety managers have safety field representatives reporting to them, while in some cases it is the direct responsibility of the CEO or managing director, based on the company size,” said Andersen.

Safety teams and management must ensure a safe and healthy working environment, but it is also their responsibility to educate their workers on their rights and duties around occupational health and safety.
“The OHS Act requires employers to provide their workers with the information that will assist them in performing their duties most (OHS) effectively.” said Andersen. “In terms of their rights, every employee is entitled to work in a safety and health conducive environment. Therefore creating a culture of health and safety awareness would mean that responsibilities are effectively shared between employers and employees.”    

To assist SHEQ officers with a host of relevant information relating to compliance, LexisNexis launched SHEQ Awareness, a free online service offering a suite of solutions including prompt automatic alerts that inform you when there is a change or update in any Act relating to health and safety. In addition, it provides detailed commentary from experts and guidance on what the change means to that industry.

To register for the free service, click here