Three different laws can govern a South African workplace, and which one applies decides what certificates your people are required to hold. These pages set out what each law asks of an employer, and name the section it comes from, so you can check it against your own site.
Start with the kind of site you run, because the two main statutes do not overlap. The Occupational Health and Safety Act 85 of 1993 covers workplaces generally. Mines are expressly excluded from it by section 1(3)(a) and fall under the Mine Health and Safety Act 29 of 1996 instead. Construction work carries the Construction Regulations 2014 in addition to the Act, not in place of it. A company running a mine and a surface workshop can be sitting under both statutes at once.
| Law | Applies to | What it requires | Where to go next |
|---|---|---|---|
| Occupational Health and Safety Act 85 of 1993 | Every workplace except mines — factories, warehouses, workshops, shops and offices | Safe systems of work, trained employees, safety representatives once you pass 20 staff, first aid and fire provision, and reporting of serious incidents | The OHS Act explained |
| Mine Health and Safety Act 29 of 1996 | Mines, mining areas and works | Governs the mine in place of the OHS Act. Operator and safety certificates are still the practical requirement on site | The Mine Health and Safety Act |
| General Safety Regulations, regulation 3 made under the OHS Act | Every workplace under the Act | A first aid box where more than five people work, and a valid first aid certificate holder per 50 employees once more than ten work there | First aid courses |
| Environmental Regulations for Workplaces 1987, regulation 9 made under the OHS Act | Every workplace under the Act | Suitable fire-fighting equipment at strategic points, kept in working order — and, under sections 8 and 13, people who can use it | Fire fighting courses |
| Construction Regulations 2014 made under the OHS Act | Construction work, in addition to the Act | Duties specific to construction sites, on top of everything the Act already requires | The Construction Regulations 2014 |
Two pieces of paper come up on almost every site access check, and neither is a course. Both have their own page here because the rules behind them are specific.
| Document | Who wants it | Read more |
|---|---|---|
| Letter of good standing | Clients and principal contractors, before you start. On construction work the client has a duty to ask under regulation 5(1)(j) | Letter of good standing |
| Health and safety file | Inspectors and clients, on site during the work and consolidated to the client at the end | Health and safety file |
The pattern is the same across all of them. You have to show that the work is organised safely, that the people doing it were trained to do it safely, and that the appointments the law names have been made and are current. An attendance register is not proof of competence. A valid certificate from an accredited provider, held by someone actually on shift, is.
One date is worth checking against your records. Since 1 April 2021 a first aid certificate only counts if the training was run against QCTO or SETA-accredited standards. Certificates issued after that date under the older approval system carry no standing.
Send us the roles on your site and we will tell you which certificates the law expects against each one, and what it costs to close the gaps.
Training for employersWhich certificates a new site team needs first is answered in full on training for employers.
Both, in different places. The Mine Health and Safety Act 29 of 1996 governs the mine, the mining area and works. A workshop, depot or office outside that definition falls under the OHS Act, because section 1(3)(a) excludes only the mine itself. Treat them as two positions, not one.
No. They are made under the Act and apply on top of it. Everything the Act asks of an employer still applies on a construction site, and the Construction Regulations add duties specific to construction work. You are meeting both at once.
