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Who Needs a Safety File in South Africa?

Learn more about who needs a safety file in South Africa and stay protected

Safety First - Why Every Business Needs a Safety File

A well-prepared Safety File can prevent accidents, reduce downtime, and even lower insurance costs. It’s an investment in the well-being of employees and the success of the business.

In this article, we attempt to simply the answers  to the typical questions we receive such as “Who prepares a safety file?”, “What is a safety file?” and “Who needs a safety file?”.

Many businesses believe that Occupational Health & Safety compliance is only applicable to technical or high-risk industries. Meaning it’s only a requirement to have a safety file for construction.

Nothing can be further from the truth, even a typical office setup requires a proper assessment to determine if proper ergonomic measures have been taken. 

So, what is a Safety File? In very simple terms it’s a roadmap to maintaining a safe working environment.

A Safety File is a comprehensive document that outlines all health and safety measures within a workplace. It includes risk assessments, safety plans, training records, and maintenance logs.

Our Health and Safety Specialist, who has over eight (8) years of experience in OHS, holds a National Diploma in Safety Management and is a certified Fall Protection Plan Developer.

Their expertise ensures that your Safety File not only meets legal standards but also incorporates best practices to protect your workforce.

Who needs a safety file in South Africa?

One of the most common questions business owners ask is, “Who needs a safety file in South Africa?”.

Granted the Occupational Health and Safety (OHS) Act is very thorough in its requirements, we will try to simplify where we can.

The answer can be found in the OHS Act, specifically Section 8 which states:

Every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of his employees.

Notwithstanding, some industries will always require a Safety File or Safety Plan due to the risk involved in their operations.

Who prepares a safety file in South Africa you might ask, Company Partners!

Examples of Industries in South Africa who needs a Safety File

Sector 

Requirements 

Construction 

All construction projects, regardless of size, must have a Safety File. This includes documentation of site-specific risks, safety procedures, and worker training. 

Mining 

Given the inherent dangers in mining, a detailed Safety File is crucial for protecting workers from potential hazards. 

Manufacturing 

Facilities involved in the production of goods must maintain a Safety File to manage risks related to machinery, chemical use, and other industrial processes. 

Petroleum 

Companies dealing with the extraction, refining, and distribution of petroleum products must ensure safety protocols are well-documented. 

Hazardous Waste Management 

Depending on the type of waste, certain hazardous waste management activities require a Safety File to control exposure to dangerous substances. 

Keeping updated with the latest regulations from the Department of Employment and Labour can help ensure compliance and comprehensive safety management.

Do you need a Safety File for your Business?

Our Health and Safety Specialist will setup your Health and Safety File within the quickest possible timeframe.
Learn about what is a safety file in South Africa, in our article

Understanding When a Safety File Applies

While construction is a prime example of an industry that requires a Safety File, it’s important to recognise that not all businesses are the same.

Small and medium enterprises (SMEs) might also need a Safety File depending on their specific operations and associated risks.

Even outside listed sectors, a Safety File can be key for maintaining workplace safety. Here are a few examples:

  • Mechanics: These establishments deal with hazardous materials and potential risks like working with car batteries and heavy machinery. A Safety File helps manage these risks by documenting safety procedures and training records.
  • Bakeries: Even a bakery can benefit from a Safety File to address safety procedures related to oven use, fire prevention, and handling hot equipment.

SMEs can determine whether a Safety File is necessary by consulting resources from the Department of Employment and Labour.

Even in businesses that are not legally required to have one, it can significantly enhance workplace safety, protect employees, and ensure an efficient workplace.

Who Prepares a Safety File in South Africa?

A common question among business owners is, “Who prepares a safety file?”.

The good news is that preparing a Safety File doesn’t have to be complex or expensive. Small and medium enterprises (SMEs) can often develop a Safety File in-house, especially for simpler or smaller operations without the need to pay a professional.

Where to get started with your Safety File?

  1. Make use of Free Resources Available Online:
    • Templates and Checklists:
      The Department of Employment and Labour offers a variety of free resources that can help you create a comprehensive Safety File. These resources are designed to guide you through the process, ensuring you include all necessary information.
    • Private Companies:
      There are many private companies which offer free resources relating to Health and Safety. It is just important to ensure it applies to South Africa.

     

  2. Seek Professional Assistance:
    • For more complex operations or industries with high-risk activities, it might be beneficial to seek help from a qualified Occupational Health and Safety consultant.
    • These professionals can provide expert guidance and ensure your Safety File meets all regulatory requirements and industry best practices.


Remember, a well-prepared Safety File is an investment in the safety and success of your business.

Legal Aspects of Occupational Health and Safety in South Africa

Understanding the legal requirements surrounding occupational health and safety is critical for businesses in South Africa.

The OHS Act outlines comprehensive measures to ensure the safety and health of workers. This ranges from how to manage machinery, to noise pollution and more.

Compliance with this Act is not optional but a legal mandate that every business must adhere to. Below we will cover some of the key legal aspects to take into account.

Summary of the Key Legal Requirements

Employer Responsibilities: 
Safe Working Environment  Employers must ensure that the workplace is safe and without risk to the health of employees. This includes maintaining systems of work, plant, and machinery that are safe and without health risks. 
Hazard Identification and Mitigation  Employers are required to identify potential hazards and take necessary steps to eliminate or mitigate these risks. This involves providing appropriate personal protective equipment (PPE) and ensuring that all safety measures are in place before allowing work to proceed. 
Information and Training  Employers must provide the necessary information, instructions, training, and supervision to ensure employees’ health and safety at work. This helps workers understand the risks associated with their tasks and how to perform them safely. 


Employee Responsibilities: 
Cooperation  Employees must take reasonable care of their health and safety and that of others who may be affected by their actions. They should comply with safety measures implemented by the employer and report any unsafe conditions. 
Right to Information  Workers have the right to be informed about the hazards they are exposed to and the measures in place to protect them. They can request information on health and safety standards and the employer’s compliance with the OHS Act. 


Safety Representatives and Committees: 
Designation of Safety Representatives  In workplaces with more than 20 employees, employers must designate health and safety representatives. These representatives are responsible for monitoring workplace safety and reporting any issues to the health and safety committee or the employer. 
Health and Safety Committees  When there are two or more safety representatives, a health and safety committee must be established. These committees play a critical role in promoting and maintaining workplace safety, reviewing safety measures, and making recommendations to the employer. 


Inspections and Compliance: 
OHS Inspectors  Inspectors from the Department of Employment and Labour are empowered to conduct workplace inspections to ensure compliance with the OHS Act. They can issue notices to employers to rectify unsafe conditions and enforce compliance with safety regulations. 
Prohibition and Contravention Notices  Inspectors can issue prohibition notices to halt dangerous activities or the use of hazardous equipment immediately. Contravention notices can also be issued for violations, giving employers a specified time frame to correct the issues. 

Invest in Safety, Invest in Your Business

Safety Files are crucial for many businesses, promoting both employee safety and legal compliance. A safe work environment fosters a positive work culture, reduces accidents and downtime, and can potentially lower insurance costs. It’s a practical investment that pays off in multiple ways.

Determine if your business needs a Safety File by consulting the resources available on the Department of Employment and Labour website.

If preparing a Safety File or Plan still has you confused, arrange a free consultation with the experts at Company Partners to get assistance.

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