Legal Compliance Assessment – to what extent do you comply with the requirements of the Occupational Health and Safety Act

What is a Legal Compliance Assessment? (LCA)

LCA is an assessment of the degree to which a business does or does not comply with various applicable laws. In terms of the LCA that Alute SA offers, we will assess your business or any part thereof in terms of compliance with the Occupational Health and Safety Act (OHAS Act) and it’s Regulations, and assist you in achieving compliance.


  • Step 1: We establish which sections of the Act and the Regulations we need to cover in terms of the assessment which is relevant and applicable to your specific operation.

  • Step 2: The assessment is carried out with you, and we us a number of various methods of assessment, including Job Observation, Accident Statistics, Interviews, Documentation and Systems, Appointments and Training.

  • Step 3: The assessment results are compared with the legal requirements and any shortfalls are noted in terms of non-compliance.

  • Step 4: Remedial action is recommended by Alute SA to improve levels of compliance to ensure minimum compliance against the Act and applicable Regulations.

  • Step 5: Reassessment of remedied areas of non-compliance to measure the success of such action, and take additional steps where necessary.


Why is conducting a Legal Compliance Assessment Important?

If your business does not comply with the legal requirements of the Occupational Health and Safety Act and something goes wrong, you could be fined or imprisoned, or both – depending on the incident and result thereof. Non-compliance can also cause the Department of Labour to fine you or even shut down your entire operation until such time as you do comply.


Without having conducted an assessment and compiling a compliance register/report, you cannot know what is non-compliant and you therefore cannot address such issues, and thus you may fall foul of the law and not even know it.


Once non-compliance aspects have been identified and listed, they can be addressed in order of priority. This priority list will show the business’ intention to comply with legal requirements and will go a long way to proving that you, or the company CEO takes legal compliance seriously and are carrying out your duties as prescribed.


Note: in terms of the Act, the CEO is always responsible and accountable for compliance. Alute SA can assist in structuring assistants to the CEO by way of section 16.2 and 8.2i of the Act, but this will never relieve the CEO of his obligations.


What must a business comply with in terms of the Act?

The compliance requirements of the OHAS Act are vast. The entire Act and all the attached Regulations will cover every aspect of your business. Although the Act is not entirely prescriptive and allows each business to achieve compliance according to their own risks, methodology and business principals, there are many compulsory aspects which usually have a generic compliance system/method, which we can implement with you in a time and cost effective manner so you don’t have to “re-invent the wheel”.


Some compulsory requirements in terms of legal compliance with the OHAS Act and attached regulations that we specialise in, include:


  1. Hazard Identification and Risk Assessment (HIRA) – an assessment whereby we identify hazards and risks that your operation exposes people to which can lead to injury or illness, and assist you in mitigating or eliminating these as required by the Act.

  2. Emergency and Evacuation Planning (E Plan) – includes a plan of action documenting planned responses to a variety of emergencies, as well as evacuation out of the area to safe assembly points, together with floor plans and mock drills.

  3. Safety Files – most commonly for contractors working on a client’s premises where the client requires that contractor to ensure they are legally compliant in terms of the OHAS Act. This is generally highly enforced in the construction industry (but does apply to all industries).

  4. Fire Equipment – SABS Approved installation, maintenance, repair and recharge of firefighting equipment (extinguishers, hose reels and hydrants), fire alarm systems, sprinkler systems.

  5. Training – Legislated training in the disciplines of - 1st Aid, firefighting, health and safety, as well as business requirements in terms of security, management and supervisory, as well as customised course development in many areas, including Soft Skills (people related) and Hard Skills (Job Related Competencies).


What is the cost for Alute SA to carry out a Legal Compliance Assessment?

The cost of the assessment will depend on your operation itself and how many aspects of the Act and regulations need to be assessed. For example, your business may not require assessment in terms of some of these regulations and thus there is no cost involved for these items:



Health related regulations



Asbestos Regulations, 2001



Hazardous Biological Agent Regulations, 2001



Hazardous Chemical Substances Regulations,   1995



Lead Regulations, 2001



Noise Induced Hearing Loss Regulation, 2003



General regulations



Environmental Regulations for Workplaces,   1987



Facilities Regulations, 1990



General Administrative Regulations, 2003



General Health and Safety Regulations, 1986



Electrical regulations



Electrical Installation Regulations, 2009



Electrical Machinery Regulations, 1988



Machinery regulations



Driven Machinery Regulations, , 1988



General Machinery Regulations, 1988



Lift, Escalator and Passenger Conveyor   Regulations, 1994



Pressure Equipment Regulations, 2009



Specific regulations



Regulations concerning the Certificate of   Competency, 1990



Construction Regulations, 2014



Diving Regulations, 2001



Explosives Regulations, 2003



Major Hazard Installation Regulations, 1993



Regulations on  Hazardous Work by   Children in SA, 2010