OHS Act: What Small Business Owners Need to Know

July 07, 2026•19 min read

Article #2 of #25 in the Occupational Health and Safety Series

Phase 1: Foundation and Legal Basics

Introduction

In the first article in this series, we looked at occupational health and safety as a whole and explained why it matters for South African small businesses. We also introduced the idea that health and safety is not only about avoiding accidents. It is also about meeting legal responsibilities, protecting employees, and running a more professional and responsible business.

One of the most important laws in this area is the Occupational Health and Safety Act 85 of 1993, often called the OHS Act. Many small business owners have heard of it, but far fewer understand what it actually requires in practice. Some assume it only applies to factories, construction sites, or large industrial businesses. Others know it exists but feel overwhelmed by the legal language and are not sure what parts of it apply to them.

This is where problems often begin. If a business owner does not understand the basic purpose of the OHS Act, it becomes much harder to build a safe workplace, assign responsibilities properly, train staff correctly, or respond to hazards before someone gets hurt. It also becomes easier to make dangerous assumptions such as “we are too small for this law to matter” or “we only need to worry about safety after an accident.”

The truth is that the OHS Act is relevant to a very wide range of South African businesses. Whether you run a small office, retail shop, salon, workshop, plumbing company, catering business, electrical contracting business, security installation company, or repair service, the Act may affect how you manage your workplace.

The good news is that small business owners do not need to become lawyers to understand the basics. What they do need is a practical understanding of what the Act is trying to achieve, what responsibilities it places on employers and employees, and how it applies to real business situations.

In this article, we will unpack the Occupational Health and Safety Act in plain language. We will look at the purpose of the Act, what the phrase “reasonably practicable” means, the duties of employers and employees, how the law applies in different work environments, and some of the common misunderstandings that cause small businesses to fall behind on compliance.

What Is the Occupational Health and Safety Act?

The Occupational Health and Safety Act 85 of 1993 is one of South Africa’s main workplace safety laws. Its purpose is to protect the health and safety of people at work and to protect other people who may be affected by workplace activities.

That second part is important. The Act is not only about protecting employees. In some situations, it also protects customers, contractors, visitors, delivery drivers, and members of the public who could be affected by the way a business operates.

For example:

if a customer slips on a wet floor in a shop because there were no warning signs or cleaning controls in place, safety management becomes relevant
if a contractor is injured on a client’s premises because of unsafe access or poor communication about hazards, health and safety responsibilities may come into question
if a faulty electrical system in a small office causes a fire that affects employees and neighbouring businesses, the issue is no longer limited to one employee or one workstation

The OHS Act exists because workplaces can create risks, and employers have a responsibility to manage those risks properly. The law gives a framework for what employers and employees must do to reduce the chance of injury, illness, or unsafe conditions.

The Act does not provide a single short checklist that suits every business. Instead, it creates a broad legal duty and then supports that duty through regulations, standards, and practical expectations that apply depending on the type of work being done.

What Is the Occupational Health and Safety Act?

The Main Purpose of the OHS Act

The purpose of the Occupational Health and Safety Act can be understood in simple terms as follows: to make sure employers take reasonable steps to provide a working environment that is safe and without risk to health, as far as reasonably practicable.

This purpose has several parts.

1. To Prevent Workplace Injuries and Illness

The most obvious purpose of the Act is to reduce the number of people who are injured, made ill, or exposed to danger because of their work. A workplace should not expose people to avoidable harm.

This could include:

a worker falling from a damaged ladder
an employee receiving an electric shock from faulty equipment
a cleaner being harmed by chemicals that were stored incorrectly
a kitchen worker being burned because no safe procedures were in place
a technician suffering an eye injury because protective equipment was not provided or used

The Act encourages businesses to think ahead, identify hazards, and put controls in place before something goes wrong.

2. To Place Clear Responsibility on Employers

The OHS Act makes it clear that employers cannot simply assume safety will take care of itself. The employer has a legal duty to create and maintain a safer workplace. This includes identifying hazards, training staff, maintaining equipment, providing information, and putting practical safety systems in place.

Without this legal duty, many businesses would be tempted to ignore health and safety until an accident happens. The Act is designed to stop that reactive approach.

3. To Create Duties for Employees Too

Although employers carry the main responsibility, employees also have duties under the Act. Workers are expected to take reasonable care for their own health and safety and for the health and safety of others who may be affected by what they do.

This matters because safety is not only a management issue. Employees also play a role in following procedures, using equipment properly, wearing PPE where required, and reporting hazards or unsafe behaviour.

4. To Create a Safer Workplace Culture

The Act is not only about punishing businesses after an accident. It is also about encouraging a safer way of working. A workplace where hazards are reported, staff are trained, emergency procedures are understood, and safety rules are followed is usually more stable, more professional, and less likely to suffer serious incidents.

What “Reasonably Practicable” Means

One of the most important phrases in the Occupational Health and Safety Act is “as far as reasonably practicable.” This phrase appears in relation to the employer’s duty to provide and maintain a working environment that is safe and without risk to the health of employees.

At first glance, this phrase may sound vague, but it is actually very important because it recognises that not all workplaces are the same. The law does not expect a tiny low-risk office to operate in exactly the same way as a large construction site or chemical plant. At the same time, it does not allow small businesses to ignore obvious risks just because they are small.

In practical terms, reasonably practicable means taking the steps that are sensible, realistic, and appropriate in light of the risk. When deciding what is reasonably practicable, a business should think about things such as:

how likely it is that someone could be harmed
how serious the harm could be
what the business knows, or should know, about the hazard and the ways to control it
what safety measures are available to reduce the risk
whether those measures are practical in the circumstances

This means an employer should not ignore a clear hazard if a sensible control is available.

A simple example

Imagine a business has a damaged extension lead with exposed wires. The risk of electric shock is obvious. Replacing the extension lead is usually simple, practical, and affordable. In that case, continuing to use it would be difficult to justify.

Now imagine a different situation where a specialised engineering control is available for a very unusual hazard in a complex environment. In that case, what is reasonably practicable may involve a more detailed assessment of the cost, practicality, and level of risk. But the principle remains the same: the business must take reasonable steps in relation to the danger.

What “reasonably practicable” does not mean

It does not mean:

“do nothing unless there has already been an accident”
“ignore safety because the business is small”
“only act if the law mentions the exact problem by name”
“choose the cheapest option even if it does not control the risk properly”
“leave it to employees to sort out their own safety without guidance”

A useful way to think about it is this: if a hazard is known, the risk is real, and there is a practical step that could reduce that risk, the employer should usually take that step.

Employer Duties Under the OHS Act

The employer carries the main responsibility under the Occupational Health and Safety Act. The exact detail of compliance will depend on the type of work being done, but the general duties of an employer can be understood in practical terms.

1. Provide and maintain a safe working environment

This is the core duty. The employer must provide and maintain, as far as reasonably practicable, a working environment that is safe and without risk to the health of employees.

This is a broad responsibility. It covers the workplace itself, the way work is done, the condition of equipment, the systems of work, and the steps taken to prevent injuries and ill health.

2. Identify hazards and manage risks

An employer cannot manage safety properly without understanding the risks in the workplace. This means looking at the work being done, identifying hazards, deciding who could be harmed, and taking steps to reduce those risks.

For example, a workshop owner may need to assess machinery, electrical tools, noise, chemicals, and storage hazards. A salon owner may need to assess chemicals, electrical styling tools, hygiene, slips, and ventilation. A contractor may need to assess ladders, client sites, driving risks, and manual handling.

3. Provide information, instructions, training, and supervision

Employees need to know how to work safely. It is not enough to assume that workers will “figure it out” for themselves. Employers should provide clear instructions, proper training, and enough supervision for staff to do their jobs safely.

This may include:

induction training for new staff
task-specific training for higher-risk work
emergency procedure training
PPE training
reminders or refresher training when needed

4. Ensure that machinery, tools, and equipment are safe

Unsafe equipment is a common cause of injuries in small businesses. Employers should make sure tools, ladders, machinery, appliances, and electrical equipment are suitable for the work, maintained properly, and taken out of service if they are unsafe.

A business that ignores damaged equipment, broken plugs, unsafe ladders, or faulty machines may be failing in its duty under the Act.

5. Put safe systems and procedures in place

The employer should not rely only on verbal instructions or common sense. Where risks exist, there should be some kind of system, rule, or procedure that helps people work safely.

Examples include:

safe chemical storage rules
reporting procedures for hazards and incidents
housekeeping standards
lock-up and closing procedures
emergency evacuation instructions
safe ladder use rules
maintenance schedules for equipment

6. Provide protective equipment where necessary

If the work involves hazards that require personal protective equipment, the employer should provide suitable PPE and make sure it is used correctly. PPE may include gloves, masks, hearing protection, eye protection, hard hats, safety footwear, or other items depending on the work.

PPE should never be treated as the only safety measure, but where it is needed, it must be managed properly.

7. Prevent employees from being exposed to unnecessary danger

Employers should take steps to stop unsafe practices before they cause harm. If a manager knows that employees are working unsafely, ignoring procedures, using damaged equipment, or bypassing safety controls, management should intervene.

Ignoring unsafe behaviour can create serious legal and practical problems if someone is injured later.

8. Consider the safety of people other than employees

The employer’s responsibility can extend beyond employees. Customers, visitors, delivery drivers, contractors, and other people who may be affected by the business’s activities should not be exposed to avoidable danger.

A slippery entrance, unsafe wiring in a reception area, poorly stored stock that can fall on customers, or dangerous activity near a public area can all become safety issues.

Employee Duties Under the OHS Act

Although the employer carries the main responsibility, employees also have legal duties under the Occupational Health and Safety Act. This is important because workplace safety only works properly when both management and staff play their part.

Employees are expected to take reasonable care for their own health and safety and for the health and safety of others who may be affected by what they do or fail to do.

In practical terms, this means employees should:

1. Follow safety rules and instructions

If the employer has given lawful and reasonable health and safety instructions, employees should follow them. This includes procedures for equipment use, PPE, emergency arrangements, reporting hazards, and housekeeping rules.

2. Use equipment and protective gear properly

Employees should use machinery, tools, equipment, and PPE in the correct way. Misusing equipment, removing guards, ignoring instructions, or refusing to wear required protective gear can place both the employee and others at risk.

3. Report hazards, defects, and incidents

Employees are often the first people to notice problems in the workplace. If a worker sees a damaged cable, broken ladder, leaking chemical container, blocked fire exit, or unsafe practice, it should be reported.

Reporting is important because management cannot fix a problem it does not know about. Of course, management should also inspect proactively, but employee reporting is still a key part of a functioning safety system.

4. Avoid reckless or unsafe behaviour

Horseplay, shortcuts, carelessness, and ignoring procedures can create major safety problems. Employees have a duty not to endanger themselves or others through unsafe conduct.

5. Cooperate with the employer on health and safety matters

If the employer is trying to implement a safety system, investigate an incident, conduct training, or improve workplace conditions, employees should cooperate. Safety is not something that works well if one side takes it seriously and the other does not.

How the OHS Act Applies in Different Business Environments

One reason some small business owners feel confused by the OHS Act is that it applies across a wide range of workplaces. The law is broad enough to cover many different types of businesses, but the risks and controls will differ depending on the work environment.

This is why the Act should not be read as a one-size-fits-all checklist. The general legal duty stays the same, but the way a business applies it depends on the nature of its work.

Low-risk office environments

An office may not have heavy machinery or hot oil, but it can still have important safety responsibilities. Office risks may include:

electrical hazards from overloaded plugs or damaged equipment
blocked exits and poor fire preparedness
trip hazards from cables or poor housekeeping
unsafe storage of heavy items
lack of emergency procedures
inadequate first aid arrangements

An office-based business still needs to think about risk, even if the risk level is lower than in a workshop or construction environment.

Retail shops and customer-facing businesses

Retail businesses need to think about both employees and customers. Risks may include:

slips and trips from spills or clutter
stock stacked unsafely
electrical hazards
fire exits blocked by stock or displays
cash handling stress and security-related risks in some cases
loading and unloading injuries

Because customers enter the premises, the business should think beyond staff-only risks.

Workshops, repair businesses, and technical services

Workshops and technical businesses often face higher physical risks. These may include:

machinery and moving parts
cutting, grinding, or welding hazards
electrical tools and extension leads
noise and eye injuries
chemical exposure
lifting and manual handling
customer-site work and travel risks

In these businesses, the OHS Act may require more formal controls, better PPE management, stronger training, and closer supervision.

Food businesses and catering operations

Food businesses may face a mix of worker safety and hygiene-related risks, such as:

burns from ovens, stoves, and hot oil
cuts from knives and food preparation tools
slips on wet or greasy floors
gas and electrical hazards
cleaning chemicals
fire risks
hygiene and contamination concerns

This is a good example of why small business owners must think about the actual activities in the workplace rather than assuming one generic safety system will cover everything.

Construction and field-service work

Construction, installation, maintenance, plumbing, electrical work, CCTV installation, and other field-service work can involve some of the highest risks. Common issues include:

working at heights
ladders and scaffolding
power tools
electrical exposure
working on client premises
vehicle and driving risks
manual handling
falling objects and site hazards

Businesses in these sectors usually need a more detailed and disciplined safety approach because the hazards are often more serious.

Common Misunderstandings About the OHS Act

Small business owners often fall into the same traps when trying to understand the Occupational Health and Safety Act. Clearing up these misunderstandings can make compliance much easier.

“The Act only applies to big businesses”

This is false. The OHS Act applies to many types of employers and workplaces, not only large companies. A small business may have fewer risks and simpler systems, but it still has duties.

“If no one has been injured yet, we must be compliant”

Not necessarily. A workplace can be unsafe even if no one has been injured yet. Sometimes businesses are simply lucky until the day something goes wrong. Compliance is about taking reasonable steps before an incident happens, not only after.

“We are too small to need policies, training, or records”

Being small may affect how formal your systems need to be, but it does not remove the duty to manage health and safety. A small business may not need a thick file full of complex documents, but it still needs clear rules, training, and basic records.

“Safety is the employee’s responsibility”

Employees do have duties, but the employer carries the main responsibility for providing and maintaining a safe working environment. An employer cannot shift that responsibility onto staff and walk away.

“Common sense is enough”

Common sense is useful, but it is not a safety system. Staff still need training. Hazards still need to be identified. Equipment still needs maintenance. Emergencies still need planning. Common sense alone does not prove compliance.

“We can just copy a policy from the internet”

A copied policy may look professional, but if it does not match the actual business, it may be almost useless. Safety systems should reflect the real risks of the workplace.

“The OHS Act is only about paperwork”

Paperwork can support compliance, but the real purpose of the Act is not to create files. It is to reduce risk, prevent harm, and make workplaces safer. Documents matter because they help organise the system and provide proof, but the workplace itself still has to be safe in practice.

Turning the OHS Act Into Practical Action

For a small business owner, the best way to understand the OHS Act is not to think of it as a heavy legal document sitting on a shelf. Instead, think of it as a set of practical responsibilities that should shape the way the business operates.

A good starting point is to ask simple questions such as:

What could harm people in this business?
Are our tools, equipment, and work areas safe?
Do staff know how to do their jobs safely?
Are there clear emergency procedures?
Do we have first aid arrangements in place?
Are incidents and hazards being reported?
Do we provide PPE where it is needed?
Are we ignoring any obvious risks because we are busy or because “nothing has happened yet”?

These questions do not replace legal advice or formal compliance where it is needed, but they do help turn the law into something practical and manageable.

Final Thoughts

The Occupational Health and Safety Act is one of the most important workplace laws that a South African small business owner should understand. It exists to protect people from harm and to make sure employers take reasonable steps to create and maintain a safe working environment. While the legal wording may seem intimidating at first, the basic message of the Act is practical: know the risks in your business, take reasonable steps to control them, train your staff, maintain your workplace, and do not ignore hazards simply because the business is small.

The Act does not expect every business to look the same, but it does expect every employer to think seriously about safety. A small office, a retail store, a workshop, a salon, a plumbing company, and a food business all face different risks, but each one still has a duty to manage those risks properly.

Understanding the OHS Act is the first step toward building a safer workplace and a more compliant business. Once a business owner understands the purpose of the law and the responsibilities it creates, it becomes much easier to make practical decisions about training, equipment, procedures, inspections, and emergency planning.

In the next article, we will move from the legal framework into one of the most practical health and safety tasks in any business: how to do a health and safety risk assessment in a small business. This will help you identify the hazards in your own workplace, understand which risks need attention, and decide what control measures to put in place.