The New OHS Act – Fines of R 5 Million for Non Compliance – Are you prepared?

New OHS Act

The New OHS Act – Fines of R 5 Million for Non Compliance – Are you prepared?

The Occupational Health & Safety Act is about to experience some new and exciting changes. The current OHS Act was promulgated in 1993 and includes penalties of up to R 100 000 or 2 years imprisonment, which nowadays is not much of a deterrent.

But the new OHS Act which is out in draft and is expected to be in-force later this year, contains fine of R 5 Million for the CEO or 5 years in jail and R 1 Million for any other person i.e. employees etc.

Highlights of the New Occupational Health & Safety Act:

  1. The Department of Labor will be directing organisations to have and Occupational Health & Safety Management System – A Coordinated set of interacting elements in order to establish an OHS Policy & objectives.
  2. The CEO is directed by the new OHS Act to implement and maintain the Occupational Health & Safety Management System.
  3. The CEO shall ensure a structured approach to Risk Assessment:
    1. The risk assessment shall be conducted by a competent person
    2. The approach to risk assessment shall include:
      1. a complete hazard identification;
      2. identification of all who may be affected by the hazard;
      3. how the person is affected;
      4. the analysis and evaluation of the risks; and
      5. prioritisation of risks & a risk management plan
  4. When the CEO 16(1) appoints an assistant 16(2) , the 16(2) may not delegate that duty further i.e. confirming that 16(2) assignees are not permitted
  5. All employers will now be required to submit their incident statistics to the Dept of Labor – Annually , so you will need to develop a system to record, investigate and report your incidents

Failure to comply with any of the associated Occupational Health & Safety Regulations i.e. General Safety Regulations , Hazardous Chemical Substance Regulations will carry with it a fine of R 5 Million or 5 Years in jail.


So how can we help you:

At SRM we want to make things easier for you, take the pain out of compliance and bring order to your compliance management.

SRM offers an amazing online software solution called Mango. Mango is simple to use, user friendly and incredibly powerful. Basically Mango makes your compliance with the new OHS Act requirements easy.

  1. Mango gives you the ability to manage your risks & risk management plan.
    1. As competent OHS Consultants we can perform your risk assessment and load it into Mango
  2. Mango comes pre-populated with an Occupational Health & Safety Management System – aligned with an internationally recognized OHS Management System – OHAS 18001
  3. Mango gives you a powerful tool for reporting, investigating and taking action for all of your Occupational Health & Safety Incidents & Accidents


For as little as R 2500 per month *, Mango could be the tool to help you manage your compliance needs in an easy and effective manner.

If you sign a 24 month contract with SRM we will pre-populate your online Mango system with a documented OHS Management System, risk assessments & legal appointments. We will help set up your compliance management system and assist by accessing your system remotely and guiding you through the journey of compliance.

So if you’re the CEO of a small to medium enterprise, you need to ask yourself, what is the cost of compliance? R 2500 per month is a small amount to ensure the safety of your employees and protect yourself from a R 5 Million fine or 5 years in jail.


* T&C’s apply

Related Tags: OHS Course