Occupational Safety and Health Convention, 1981 (No. 155) - South Africa (Ratification: 2003)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on Occupational Safety and Health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 176 (occupational safety and health in mining) together.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

The Committee notes the information provided by the Government in response to its previous comments concerning Article 11(a) (the determination of conditions governing the design and construction of undertakings), Article 19(b)-(e) (rights and duties of workers and their representatives) and Article 20 (cooperation at the level of the undertaking) of the Convention.

Articles 4 and 7 of the Convention. National policy on occupational safety and health. Review of the national policy at appropriate intervals. The Committee notes the reference made by the Government to the Profile of Occupational Health and Safety South Africa, 2020 regarding OHS challenges identified and recommendations formulated for dealing with them. The Committee notes that these challenges include a lack of up-to-date OSH statistics and incident reporting; a shortage of human resources for inspections; and complex OSH legislation with various gaps. It further notes the activities of the tripartite Advisory Council for Occupational Health and Safety (ACOHS), through the Directorate of Occupational Health and Hygiene during the COVID-19 pandemic, which has led to the promulgation of new Hazardous Biological Agents Regulations in 2022, and that new draft regulations on lead and hazardous chemical agents have been prepared. The Committee requests the Government to provide information on the measures taken to address the OSH challenges identified, in consultation with the social partners. It also requests the Government to continue to provide information on the activities of the tripartite ACOHS and any new occupational safety and health legislation adopted.

Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work. The Committee notes the Government’s indication that the Ergonomics Regulations (2019) were promulgated to satisfy the requirements of Article 5(b) of the Convention. In this respect, the Committee notes the provisions of the Ergonomics Regulations which provide, among others, for the risk assessment, risk control and medical surveillance of ergonomic hazards. The Committee also notes that section 11 of Ergonomics Regulations (2019) requires the establishment of a tripartite Ergonomics health and safety technical Committee which includes specialists in the field of ergonomics. The Committee notes this information, which responds to its previous request.

Article 5(e). Protection of workers and their representatives from disciplinary measures. The Committee notes that under sections 6 and 7 of the OHS Regulations No. 85 of 1993 (General Administrative Regulations 6 and 7), employers are required to meet with the registered trade unions of the workplace (or where there is no trade union, all employee representatives) to conclude an agreement on the nomination of health and safety representatives. The agreement must include the manner in which health and safety representatives must perform their functions in terms of the Act, their terms of office, circumstances and manner in which they can be removed. The Committee requests the Government to provide further information (including on the content of these agreements) on the protection of worker representatives from disciplinary measures as a result of actions properly taken by them in conformity with the national policy on occupational safety and health, in accordance with Article 5(e).

Article 11(c) and (e). Functions to be progressively carried out to give effect to the national policy. The Committee notes that section 11 of Ergonomics Regulations (2019) requires the establishment of a tripartite Ergonomics health and safety technical Committee which includes specialists in the field of ergonomics. Regarding Article 11(c) and (e), the Committee notes the information provided in the Profile of Occupational Health and Safety South Africa, 2020, which indicates that work-related injuries and diseases data collection and reporting is fragmented and not harmonised among and within the different departments. There is no uniform way of recording and reporting injuries and disease statistics and that therefore, there is no clear picture of the burden of occupational injuries and diseases. The Committee reiterates its request that the Government provides information on measures taken or envisaged to strengthen the application of procedures for the production of annual statistics on occupational accidents and diseases (Article 11(c)), and the annual publication of information on occupational accidents, occupational diseases and other injuries to health which arise in the course of, or in connection with, work (Article 11(e)).

Article 12(b). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes with interest that section 5 of the Ergonomics Regulations (2019) sets out the obligation of designers, manufacturers, importers and suppliers of machinery, plant or work systems at work to provide information, instruction and training to users. The Government further refers to the Regulations for Hazardous Chemical Agents (2021), which stipulate an obligation for manufacturers or importers to develop and provide suppliers with Safety Data Sheets on hazardous chemical agents (section 14A). In this regard, the Committee also notes the reference made under section 5 (c) and (e) of the draft Physical Agents Regulations, 2023, to the duties of designers, manufacturers, importers and suppliers which, among others, are required to provide information, instruction and training as deemed necessary to minimise the exposure to a physical agent during the use of machinery or plant (§ 5(c)). They are further required to provide information to potential users on the appropriate maintenance of machinery or plant to ensure their safe operation and use (§ 5(e)). The Committee requests the Government to continue to provide information on legislative developments related to the implementation of Article 12, including the adoption of the Physical Agents Regulations.

Article 15. Arrangements for coordination between authorities and bodies and consultation with workers’ and employers’ representatives. The Committee notes the information provided in the Profile of Occupational Health And Safety South Africa, 2020 regarding various tripartite mechanisms, in both industrial and mining work environments, that are in place to ensure that OSH is implemented in a consultative, coordinated, and collaborative manner. These include the National Economic Development and Labour Council (NEDLAC), which operates at the national level, the Mine Health and Safety Council (MHSC), and ACOHS which covers sectors other than mining at the national level. These structures collaborate in the implementation of OHS policies and legislation in a tripartite manner. The stakeholders include representatives from the Government, workers, employers, and communities. The Committee notes this information, which responds to its previous request.

Article 17. Collaboration when two or more undertakings engage in activities simultaneously at one workplace. The Committee notes the reference made by the Government to section 37(2) of the OHSA, and observes that this provision does not meet the requirement of Article17 of the Convention. The Committee requests, once again, the Government to provide information on measures taken to ensure, in law and in practice, that whenever two or more undertakings engage in activities simultaneously at one workplace, they collaborate in applying the provisions regarding occupational health and safety and the working environment.

Article 18. Measures to deal with emergencies and accidents. The Committee notes that under the OHSA, First Aid, Emergency Equipment and Procedures (General Safety Regulations 3), the employer is required to take all reasonable steps that are necessary under the circumstances, to ensure that persons at work receive prompt first aid treatment in case of injury or emergency (section 3(1)). The Committee notes however that emergency planning is only required in workplaces exposed to hazardous substances. The Committee requests the Government to provide information on the measures taken to ensure that in all workplaces employers are required to provide, where necessary, measures to deal with emergencies and accidents.

Application in practice. The Committee notes the information provided in the Occupational Hygiene Approved Inspection Authorities (OH AIA) reports, including the disaggregated data on the number of occupational hygiene surveys conducted and their results. The Committee further notes the statistics provided in the Profile of Occupational Health And Safety South Africa, 2020, including with regard to reports of work incidents and diseases in all sectors of the economy except for mining, which indicated a decrease in the number of claims from 2016–17 (155,427 claims) to 2019–20 (82,526 claims). The Committee requests the Government to continue to provide information on the application in practice of the Convention, including information on the number, nature and causes of occupational accidents and cases of diseases reported.

Specific sectors

Safety and Health in Mines Convention, 1995 (No. 176)

The Committee notes the information provided by the Government in response to its previous comments concerning Article 5(3) (explosives and initiating devices) related to the 2018 amendments to Chapter 4 of the Mine Health and Safety Regulation (MHSR) regarding explosives, Article 13(1)(c) and (d) (right of workers to be informed of workplace hazards and to obtain information relevant to their safety or health), and Article 13(2) concerning procedures established for the exercise of the rights of workers and their safety and health representatives.

Article 8 of the Convention. Emergency response plans. The Committee notes the amendments made under section 98(1) of the Mine Health and Safety Act to the Rescue, First Aid, Emergency Preparedness and Response Regulations (Chapter 16.5 of the MHSR), in 2014, and the Guideline for a Mandatory Code of Practice for Risk-Based Emergency Care on a Mine, 2016, which provide for the establishment of emergency plans in mines. The Committee notes this information, which responds to its previous request.

Article 13(1)(a)–(b). Procedures established for the exercise of the rights of workers and their safety and health representatives. The Committee notes that under section 23(1) and (2) of the Mine Health and Safety Act (MHSA), every manager is required to determine, after consulting the health and safety committee at the mine, effective procedures for the exercise of the rights granted to employees, including with regard to notification of supervisors and health and safety representatives of serious danger to their health or safety which have been perceived and responded to. The Committee requests the Government to provide information on the procedures established for the exercise, by workers in the mining sector, of the following rights: to report accidents, dangerous occurrences and hazards to the competent authority (Article 13(1)(a)); and to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority (Article 13(1)(b)).

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 176 (safety and health in mines) together.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 13 and 19(f). Protection of workers who remove themselves from work situations presenting an imminent and serious danger. The Committee recalls that the Mine Health and Safety Act provides the right of workers to leave a work situation which appears to pose a serious danger to their health or safety (section 23), but the Occupational Health and Safety Act (covering sectors other than mining) does not expressly provide for a right of removal. The Committee requests the Government to take the necessary measures to ensure that workers in all sectors who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, are protected from undue consequences and cannot be required to return to a work situation where there is a continuing imminent and serious danger to life or health.

Specific sectors

Safety and Health in Mines Convention, 1995 (No. 176)

Article 16 of the Convention. Enforcement and application of the Convention in practice. The Committee welcomes the Government’s statement that the concerted efforts of the social partners, who actively participated in the health and safety campaigns of the Government, have led to a reduction in both fatalities and injuries in the mining sector. In this respect, the Government refers to the 2022 Mine Health and Safety Statistics indicating that from 2013 to 2022 the mining sector has registered a 47 per cent decrease in the number of occupational fatalities (from 93 in 2013 to 49 in 2022); a 34 per cent drop in the number of injuries (from 3,126 in 2013 to 2,056 in 2022); and an overall 0.6 per cent decrease in the number of accidents reported. The Government further refers to measures taken to improve the health and safety of mineworkers, including: the promotion of stakeholders’ collaboration in the implementation of health and safety programmes; the timely adoption of technologies and leading practices to protect health and safety; and the enhancement of health and safety monitoring and enforcement through focused inspections and audits. Regarding the statistical information, the Committee notes the information provided in the Mine Health and Safety Inspectorate Annual Report 2022/2023 and the Government’s report, in particular regarding the number of inspections and audits carried out in mines (9,042 in 2018 and 8,399 in 2021); violations detected (5,886 in 2019 and 4,247 in 2021); and occupational diseases recorded (6,810 in 2013 and 1,924 in 2021). The Committee also notes the Government’s indication that redoubled efforts to avoid loss of life in the mining sector are still needed. The Committee requests the Government to continue to provide information on the measures taken in this regard, including statistical information on the number of inspections carried out in mines and the number of violations detected, the number of corrective measures and penalties imposed, as well as the number of occupational accidents and cases of occupational disease reported in the sector. Noting the efforts to strengthen safety and health protection in the mining sector, the Committee asks the Government to provide further information on the reasons for the significant decrease in the number of cases of occupational disease recorded.

The Committee is raising other matters in a request addressed directly to the Government was missing

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government on the effect given to Articles 1, 2, 3, 5(a), (c) and (d), 8, 9(1), 11(b) and (d), 12(a), 16, 19(a) and 21 of the Convention.

Legislation. The Committee notes the Government’s indication that the Occupational Health and Safety Act (OHSA) has been reviewed and approved for submission to the Minister of Labour by the Advisory Council for Occupational Health and Safety (ACOHS), and that it will be submitted to the National Economic Development and Labour Council once approved by the Minister. Recalling its previous comments and the fact that the OHSA has been under review for more than a decade, the Committee urges the Government to take the necessary measures to adopt the new occupational safety and health (OSH) legislation in the near future, and to communicate a copy once it is adopted.

Articles 4 and 7 of the Convention. National policy on occupational safety and health. Review of the national policy at appropriate intervals. The Committee notes that the Government indicates that the OHSA is the current national policy on OSH. It also notes that the ACOHS is a tripartite structure made up of organized labour, organized business and government. The functions of the ACOHS include advising the Minister with regard to matters of policy related to this Act and any other matter concerning OSH. The ACOHS meets on a quarterly basis to discuss areas of concern and operates according to a workplan that guides its activities. Review of the legislation is influenced by the ACOHS as well as through stakeholder interaction. The Government also indicates that the Department of Labour, in addition to working with various donors on areas of concern, conducts various research projects with a view to determining the extent of particular problems in order to address identified shortcomings through various initiatives. Social partners are involved in all these activities. The Committee requests the Government to provide further information on major problems regarding OSH, identified methods for dealing with them, priorities of action and on the manner in which these elements are taken into account in the periodic review of the policy.

Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work. The Committee notes the Government’s indication that section 8 of the OHSA, which provides for the general duties of employers to their workers, and the various regulations adopted pursuant to the OHSA, gives effect to Article 5(b) of the Convention. However, the Committee notes that a number of elements listed in Article 5(b) do not seem to be covered by the legislation referenced, including the adaptation of working time, organisation of work and work processes to the physical and mental capacities of the workers. The Committee requests the Government to provide further information on the extent to which the national policy on OSH takes into account the elements listed in Article 5(b) of the Convention.

Article 5(e). Protection of workers and their representatives from disciplinary measures. The Committee notes that under section 26 of the OHSA, employers cannot dismiss workers, reduce their remuneration, alter the terms or conditions of their employment or alter their positions because of the fact they have taken actions pursuant to the OHSA. However, the Committee notes that worker representatives are not specifically covered by this protection. The Committee requests the Government to provide information on the manner in which it is ensured that worker representatives are protected from disciplinary measures as a result of actions properly taken by them in conformity with the national policy on OSH.

Article 11(a), (c) and (e). Functions to be progressively carried out to give effect to the national policy. The Committee notes the Government’s indication that the 2014 Construction Regulations, which provide conditions on the design and construction of buildings, give effect to Article 11(a), while sections 24 and 25 of the OHSA, in conjunction with sections 8 and 9 of the General Administrative Regulations, establish the notification requirements for occupational accidents and diseases, as required by Article 11(c). It also notes the indication that the Annual Report relating to the outcomes of the targets set in the Strategic Plan and the Annual Performance Plan is currently the only form of publication on OSH and that the Government intends to publish annual incident figures in the future, as required by Article 11(e). The Committee requests the Government to provide further information on the extent to which the competent authority ensures the functions, other than the determination of conditions governing the design and construction of undertakings, described in Article 11(a), the establishment and application of procedures for the production of annual statistics on occupational accidents and diseases (Article 11(c)), and the annual publication of information on occupational accidents, occupational diseases and other injuries to health which arise in the course of, or in connection with, work (Article 11(e)).

Article 12(b). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s reference to section 10 of the OHSA and regulations adopted pursuant to the OHSA. It notes that these texts do not provide specifically for the obligation of the persons enumerated to make available information concerning the correct installation and use of machinery and equipment as well as information on hazards of machinery and equipment. The Committee requests the Government to provide further information on the measures taken to ensure that the persons who design, manufacture, import, provide or transfer machinery or equipment for occupational use, make available information on their correct installation and use, as well as on their hazards.

Articles 13 and 19(f). Protection of workers who remove themselves from work situations presenting an imminent and serious danger. The Committee notes the Government’s indication that while section 26 of the OHSA forbids employers from measures against workers who have taken actions pursuant to the OHSA, it does not provide for the right of workers to remove themselves under Article 13 of the Convention. It also notes the indication that pursuant to section 14(d) of the OHSA, workers must report any unsafe or unhealthy situations to the employer or safety representative as soon as practicable, but notes that no information is provided with regard to the requirement in Article 19(f) under which employers cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health until remedial action has been taken, if necessary. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that a worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent danger to his life or health is protected from undue consequences. It also requests the Government to provide information on the manner in which it is ensured that employers cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health until remedial action has been taken, if necessary.

Article 15. Arrangements for coordination between authorities and bodies and consultation with workers’ and employers’ representatives. The Committee notes the list of bodies established to assist in the management of OSH provided by the Government, but notes that no information is provided on their roles or how coordination is ensured between them or on consultations held, at the earliest possible stage, with the most representative organizations of employers and workers. In this regard, the Committee recalls that systems for coordination and cooperation between the different authorities and bodies involved in the administration of the national OSH system are necessary to ensure coherence of action at all levels and to facilitate the flow of, and access to, information. The Committee requests the Government to provide further information on the arrangements taken or envisaged to ensure the necessary coordination between the various authorities and bodies called upon to give effect to the provisions of the Convention, including whether the ACOHS is the central body.

Article 17. Collaboration when two or more undertakings engage in activities simultaneously at one workplace. The Committee notes the Government’s indication that situations in which multiple undertakings engaging in activities simultaneously at one workplace occur mainly in the construction sector and that section 8 of the Construction Regulations of 2014 requires that a competent person be appointed as the manager for all construction work on a single site by the principal contractor. The Committee requests the Government to take measures, in law and in practice, to ensure collaboration in applying the requirements of this Convention whenever two or more undertakings engage in activities simultaneously at one workplace, including but not limited to, workplaces in the construction sector.

Article 18. Measures to deal with emergencies and accidents. The Committee notes the Government’s reference to the Major Hazard Installation Regulations, which provide requirements for the establishment of emergency plans. The Committee requests the Government to provide information on the measures taken to ensure that employers, not limited to those operating major hazard installations, are required to provide for measures to deal with emergencies and accidents.

Article 19(b)–(e). Rights and duties of workers and their representatives. The Committee notes the Government’s indication that numerous sections of the OHSA, namely section 8 on the general duties of employers, section 14 on the general duties of workers, and sections 18 and 20 on the functions of health and safety representatives and committees, respectively, give effect to these provisions of the Convention. However, the Committee notes that the legislation referenced does not necessarily ensure the effective application of these provisions to all workers, as some sections require a minimal number of workers for the establishment of worker representation. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that the rights and duties listed in Article 19(b)–(e) of the Convention apply to all workers and their representatives.

Article 20. Cooperation at the level of the undertaking. The Committee notes the Government’s indication that under the OHSA, undertakings other than shops and offices which employ more than 50 workers, and shops and offices which employ more than 100 workers, can establish health and safety committees, while section 20 of the OHSA provides that these committees may make recommendations to the employer regarding matters affecting OSH and discuss any incident at the workplace. The Committee requests the Government to provide information on the measures taken in law and in practice to ensure that effect is given to Article 20 of the Convention in all undertakings, regardless of the number of workers employed, and to provide further details on safety and health committees, particularly with regard to their composition and functions.

Application in practice. The Committee notes the statistical data provided, disaggregated by province, on the number of occupational accidents, and notes in particular that the sectors of agriculture, manufacturing and construction generally have the highest number of fatal and non-fatal occupational accidents. The Committee requests the Government to provide information on the measures taken or envisaged to address the high number of accidents in the agricultural, manufacturing and construction sectors. It also requests the Government to provide further information on the manner in which the Convention is applied in the country, including extracts from inspection reports, and where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of the accidents and cases of disease reported, etc.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s report including the information that the review phase of the Occupational Health and Safety Act (No. 85 of 1993) has been completed but that this Act still remains in force, a review Act has not yet been adopted. The Committee also notes the attachments to the report including three reports in inspections carried out and statistical data such as the quarterly labour force survey and mid-year (July 2010) population estimates. Hoping that the ongoing revision of the Occupational Health and Safety Act will be completed soon, the Committee requests the Government submit copies of this and any other relevant new or revised legislation as soon as it has been adopted, in order for the Committee to be able to examine the effect given to this Convention at a future session.

Part V of the report form. Application in practice. The Committee notes the information that the Department of Labour works extensively with its social partners to achieve its annual and long term objectives including through the Advisory Council for Occupational Health and Safety and that the Department continues to use the Occupational Health and Safety Accord as a guide in crafting its annual plans for occupational health and safety. A special team has been set up to deal with high risk and problematic sectors and that the labour inspectors have been provided with certain additional equipment such as cars. As regards the requests for information regarding the number, nature and cause of accidents reported, the Government indicates that while it has a system aimed at collecting statistics for occupational safety and health (OSH), it has been malfunctioning for long periods of time and that in most of the provinces statistics are kept manually. The Government also indicates that, based on available information, the total number of OSH incidents reported in 2008–09 were 5,326 and in 2009–10, 3,788. Of these incidents 77 per cent had been finalized in March 2010. The Committee requests the Government to provide further information on measures taken to address the malfunctioning system for collecting relevant data on occupational accidents and disease. It also requests the Government to provide further information relevant for a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports, and where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of the accidents reported, etc.

Plan of action (2010–16). The Committee would like to take this opportunity to inform the Government that, in March 2010, the Governing Body adopted a plan of action to achieve widespread ratification and effective implementation of the key instruments in the area of occupational health and safety, the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (document GB.307/10/2 (Rev.)). The Committee would like to bring to the Government’s attention that under this plan of action, the Office is available to provide assistance to governments, as appropriate, to bring their national law and practice in conformity with these key OSH Conventions in order to promote their ratification and effective implementation. The Committee invites the Government to provide information on any needs it may have in this respect.

Part VI of the report form. Consultations with representative organizations of employers and workers. The Committee notes the lack of information on consultations held with representative organizations of employers and workers. The Committee requests the Government to provide further information on the representative organizations to which copies of the Government’s report have been communicated in accordance with article 23(2) of the ILO Constitution.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the submission by the Government on 10 November 2009 of a copy of the 2002 Occupational Safety and Health Accord, the revised Pressure Equipment Regulations of 15 July 2009 and the revised Electrical Installations Regulations of 6 March 2009. It also notes that the ongoing revision of the Occupational Health and Safety Act (No. 85 of 1993) apparently has not yet been completed. Hoping that the ongoing revision of the OSH Act will be completed soon, the Committee requests the Government submit copies of this and any other relevant new or revised legislation as soon as it has been adopted, in order for the Committee to be able to examine the effect given to this Convention at a future session.

Part V of the report form. Application in practice. In the meantime, the Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports, and where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and cause of accidents reported, etc.

[The Government is asked to reply in detail to the present comments in 2011.]

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the detailed report submitted by the Government as well as the information on the new developments in the field of occupational safety and health, including the adoption in 2002 of a tripartite occupational safety and health accord, the ongoing work to develop a national policy on occupational safety and health, the ongoing revision of the Occupational Safety and Health Act (No. 85 of 1993) and the development of implementing regulations thereto. The Committee requests the Government to submit copies of all relevant texts as soon as they have been adopted to enable the Committee to examine the effect given to this Convention at a future session.