Occupational Health and Safety Rights in South Africa
South African employers must provide a safe working environment. If your employer ignores safety risks, you can refuse dangerous work and report to the Department of Employment and Labour.
FreeSouth African Law2 related guides
Direct Answer
The Occupational Health and Safety Act (OHSA) requires every South African employer to provide a safe working environment, identify and manage risks, and provide protective equipment. If your employer exposes you to serious danger, you have the right to refuse to work and to report the employer to the Department of Employment and Labour without retaliation.
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Occupational Health and Safety Act 85 of 1993 (OHSA)
Section 8
“Every employer shall provide and maintain, as far as reasonably practicable, a working environment that is safe and without risk to the health of workers.”
Occupational Health and Safety Act 85 of 1993 (OHSA)
Section 23
“An employee may refuse to work in a situation where there is reasonable justification to believe that carrying out the work poses imminent and serious danger to their health or safety.”
What to Do
Step-by-Step Guide
1Identify the hazard — document the specific danger (chemical exposure, faulty equipment, lack of protective gear, no safety protocols).
2Report to the employer's Health and Safety Representative in writing. If no representative exists, report to the employer directly.
3Refuse dangerous work under section 23 of OHSA — inform your employer in writing of the specific danger and your refusal to perform the task until it is made safe.
4Report to a OHSA Inspector at the Department of Employment and Labour if the employer does not address the hazard. Inspectors can issue improvement and prohibition notices.
5Document any illness or injury resulting from unsafe conditions — these are reportable to the Compensation Fund under COIDA.
What to Say
Exact Words to Use
“"I am refusing to perform [specific task] under section 23 of the Occupational Health and Safety Act because [specific danger]. I request that the danger be rectified before I resume this task."”
Tone: assertive
Now practise saying it. The Advocate has a scenario that walks you through exactly this situation — phrase by phrase, with audio playback and a practice drill. Free to try.
Can I be dismissed for refusing dangerous work in South Africa?
No. Dismissal for exercising a right under OHSA is an automatically unfair dismissal under section 187(1)(h) of the LRA. Refer the dispute to the CCMA within 30 days of dismissal.
Who is the Health and Safety Representative at my workplace?
OHSA requires employers with 20 or more employees to designate a Health and Safety Representative. The rep must be elected by employees and trained. Employers with fewer than 20 employees may appoint one voluntarily.
Can I report my employer to OHSA anonymously?
You can request confidentiality when reporting to a Labour Inspector, but inspectors cannot guarantee complete anonymity. If you fear retaliation, contact Legal Aid or a union representative first.
Knowing the law is step one. The Advocate trains you to use it — with 149 real South African scenarios, exact rebuttals, law references, and Scripture. Free to start.