For most South African businesses, the law does not require a full-time safety officer. The Occupational Health and Safety Act 85 of 1993 makes the employer responsible for a safe workplace and the CEO accountable for it (section 16), and leaves it to you how that work gets done: by your own safety officer, by outsourced health and safety on a monthly retainer, or by both. Outside construction, the choice is a business decision, not a legal one.
It still matters which you choose. The risk assessment, the safety file, the appointments and the training records have to exist and stay current, whoever does the work. This article sets out what the law asks for, what each option looks like in practice and how to decide. If you already know you want the work handled for you, see how OHS Navigator, DDi's monthly health and safety retainer, works.
Key takeaways
- Outside construction, the OHS Act does not require a full-time safety officer. It requires the employer to provide a safe workplace (section 8) and holds the CEO accountable (section 16).
- Construction is the exception: Construction Regulation 8(5) requires a full-time or part-time construction health and safety officer where the project's size and risks call for one, registered with the SACPCMP.
- SHE Reps are required once a workplace has more than 20 employees: one for every 100 employees in a shop or office, one for every 50 elsewhere (section 17).
- Outsourcing the work does not outsource the responsibility. The CEO stays accountable, and the 16.2 appointee is normally someone inside the business.
- Many businesses do best with both: their own SHE Reps and appointees inside, and an outside consultant who keeps the system current.
What the law actually requires
Section 8 of the OHS Act is the starting point: every employer must provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of employees. That includes finding out what the hazards are and putting controls in place, which is what a risk assessment does.
Section 16 then puts a name to it. The CEO must ensure the employer's duties are properly carried out (section 16(1)). The CEO may assign duties to another person under their control, but that does not take away the CEO's own responsibility or liability (section 16(2)).
The rest depends on your headcount and the kind of work you do:
| Requirement | When it applies | Source |
|---|---|---|
| A safe workplace and a risk assessment | Every employer | OHS Act, section 8 |
| CEO accountable, may assign duties (the "16.2 appointment") | Every employer | OHS Act, section 16 |
| SHE Reps | More than 20 employees at a workplace: at least 1 per 100 in shops and offices, 1 per 50 elsewhere | OHS Act, section 17 |
| Health and safety committee | Two or more SHE Reps | OHS Act, section 19 |
| Trained first aiders | More than 10 employees: 1 for every group of up to 50, or up to 100 in a shop or office | General Safety Regulations, regulation 3(4) |
| Construction health and safety officer | Construction work, where the size of the project and its hazards call for one, registered with a body approved by the Chief Inspector | Construction Regulations 2014, regulation 8(5) and 8(6) |
Notice what is missing from the table: a general rule that says "employ a safety officer". On a construction site, Construction Regulation 8(5) requires the contractor to appoint a full-time or part-time construction health and safety officer after considering the size of the project and the hazards, and if there is doubt, the inspector decides. Regulation 8(6) adds that the officer must be registered with a statutory body approved by the Chief Inspector, which is the SACPCMP. Everywhere else, you choose how the work gets done.
What an in-house safety officer does
An in-house safety officer is an employee whose job is health and safety. They run risk assessments, keep the safety file, check that equipment and training are in date, investigate incidents and support the SHE Reps and the committee. For more on the role and its qualifications, read what a safety officer does and how the role differs from a SHE Rep.
- Where it works well: large sites, high-risk work and operations where something changes every day, such as manufacturing, warehousing with heavy plant, or several shifts. Someone is always there.
- What to plan for: a full salary and benefits, cover when they are on leave, and the fact that one person rarely has deep experience in every area, from fire and first aid to hazardous chemicals and contractor control.
What outsourced health and safety looks like
Outsourced health and safety means an outside OHS consultant does that same work on a set schedule, usually on a monthly retainer. A good retainer starts with a gap analysis: where your business stands against the OHS Act today. The plan that follows covers what needs to be put in place first and what needs to be kept up after that.
A typical retainer covers:
- The risk assessment, done once and then kept current
- Your health and safety file, compiled and updated
- Legal appointment letters for the people the Act requires you to appoint
- Training for your first aiders, fire fighters and SHE Reps
- Regular site visits, with a report on what needs attention
- Support when a Department of Employment and Labour inspector arrives. Here is what an inspector asks for first.
- Where it works well: small and medium businesses, offices, shops, warehouses and workshops, and companies with several sites but no one person for safety. You get a team with broad experience for the hours you actually need.
- What to plan for: the consultant is not onsite every day, so someone inside the business still needs to own health and safety day to day. That is usually your 16.2 appointee, with your SHE Reps.
How to decide which your business needs
Work through these questions honestly:
- Is any of your work construction work? If so, check Construction Regulation 8(5) first. A construction health and safety officer may be required, and the inspector has the final word.
- How many people work at each site? Above 10 you need trained first aiders, above 20 you need SHE Reps. More people means more appointments, training and records to keep current.
- How high is the risk? An office carries different risks to a factory with forklifts and chemicals. The higher the risk, the more often someone needs to be on the floor.
- How much changes week to week? New staff, new machines, new contractors and new sites all mean updates to the risk assessment and the file.
- Who inside the business has the time and know-how? If the honest answer is "nobody", health and safety slips, whatever the law says.
| Your situation | Usually the best fit |
|---|---|
| Office, shop or small workshop, one site, fewer than 50 people | Outsourced health and safety on a retainer |
| Several sites, no one person responsible for safety | Outsourced, with a 16.2 appointee at each site |
| A large or high-risk site with daily safety work | An in-house safety officer, often with outside audits and specialist support |
| Construction projects | A registered construction health and safety officer where regulation 8(5) requires one, plus outside support as needed |
Many businesses use both
The two options are not opposites. A common setup is a manager inside the business as the 16.2 appointee, trained SHE Reps on each floor, and an outside consultant who keeps the risk assessment, file and training current and audits the lot. The people inside know the business. The consultant brings the system and a second pair of eyes.
If you outsource, get these points in writing
Section 37(2) of the OHS Act makes an employer answerable for what a mandatary (a contractor or agent working for them) does, unless the two have agreed in writing on the arrangements to make sure the mandatary complies with the Act. So put the arrangement in writing:
- The scope: exactly what the consultant does, how often they visit and what you receive after each visit
- Who your 16.2 appointee is: a person in your business, supported by the consultant
- What happens when an inspector arrives: who you call and how quickly they respond
- Who keeps the records: a copy of the file and every report should stay with you
Prefer a once-off check before you decide? An OHS compliance audit shows where you stand and what to fix first.
How OHS Navigator works
OHS Navigator is DDi's outsourced health and safety service, built around your business rather than sold as a package. It starts with a gap analysis against the OHS Act. From what that finds, we build a plan sized to your headcount, sites and risk profile, then carry it out on a monthly retainer with the scope agreed up front. That covers your safety file, risk assessments, legal appointments, training for your team, a site visit every 3 months and support when the Department of Employment and Labour inspects.
Not sure which way to go? Start with a gap analysis, and we will tell you honestly whether your business needs a full-time safety officer, outsourced support or both.
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Stephan writes and reviews the DDi OHS blog. About DDi OHS
