What the New OHS Amendment Bill Means for Employers
The Occupational Health and Safety Act was originally enacted in 1993 and remains enforceable. However, the Occupational Health and Safety (OHS) Amendment Bill proposes key changes, of which employers must take note. More specifically, it may have direct consequences for organisations for non-compliance.
Certain provisions of the Bill may significantly change the way organisations manage and approach their health and safety culture mindset within the workplace.
The amended Bill introduces the following:
- Higher penalties for non-compliances up to R5 million or 5 years’ imprisonment.
- The appointment of a Health and Safety Officer as a legal requirement in many sectors.
- Reinforcing worker participation through elected health and safety representatives with enforceable rights.
- New standards around psychosocial risks and ergonomical risks (e.g. stress, burnout), widening the scope of “occupational health.”
- Mandatory reporting of all incidents involving contractors or service providers on-site.
The following provisions came into effect as of March 2025:
- Physical Agents Regulations, 2024
- Noise Exposure Regulations, 2024
- Amendment to the General Safety Regulations, 2025
Provisions relating to the below are still under consideration by Parliament:
- Enhanced Employer Responsibilities
- Mandatory Health and Safety Management Systems (HSMS)
- Stricter Penalties for Non-Compliance
- Role of Health and Safety Representatives
- Annual Incident Reporting
The proactive steps employers can take include but are not limited to conducting an Occupational Health and Safety compliance audit, review or implement a comprehensive Health and Safety Management System, train key personnel and employees in their new legal duties and responsibilities update internal incident reporting and risk assessment protocols.
Ignorance may no longer be a viable defence for serious health and safety related violations. These updates signify a move toward a proactive and preventive approach to workplace health and safety. A safety-first culture must be implemented across departments, and it must be noted that these amendments influence industries such as construction, manufacturing, energy, logistics, and even office environments.
The Bills’ enactment is nearing its final stages, and Legal and Compliance Teams are urged to embed safety as a core value in all aspects of an organisation’s operations.