OHSA Section 8 Compliance: Could You Be Held Criminally Liable for a Workplace Fatality?

In the boardroom, "Safety" is often discussed in terms of spreadsheets and B-BBEE points. But in the eyes of the South African High Court, it’s a matter of criminal intent. With the 2026 Proclamation of the COIDA Amendment Act, the Department of Employment and Labour has doubled its inspectorate. While COIDA handles the money, OHSA Section 8 Compliance handles the handcuffs.

If a fatal accident happens on your watch today, the first question a prosecutor will ask is: "Did the employer provide a safe environment as far as is reasonably practicable?" If the answer is no, you aren't just looking at a fine; you are looking at a prison cell.

The 2026 Enforcement Surge: Why Section 8 is Your Only Shield

Section 8 of the Occupational Health and Safety Act (Act 85 of 1993) is the "Primary Duty" clause. It mandates that every employer must provide and maintain a working environment that is safe and without risk to the health of employees.

Under the new 2026 enforcement regime, the "Reasonably Practicable" defense is being scrutinized more than ever. To maintain OHSA Section 8 Compliance, you must prove you managed:

1. The Severity of Risk: Did you ignore a known high-voltage or heights hazard?

2. State of Knowledge: Should you have known about the risk in 2026?

3. Availability of Means: Were there training or equipment solutions available that you chose not to fund?

The 3 Deadly Gaps in OHSA Section 8 Compliance

1. The "Paperwork-Only" Policy

Many firms have a safety file, but no safety culture. If your employees are not trained—specifically through accredited courses like First Aid Level 1 or Basic Fire Fighting—your safety file is legally worthless.

2. Failure to Supervise

Section 8(2)(i) explicitly requires that work be performed under the general supervision of a person trained to understand the hazards. If your supervisor isn't certified, the employer is "Strictly Liable" for their mistakes.

3. The Lack of Accredited Training

You cannot prove OHSA Section 8 Compliance if your training was done by an unaccredited provider. In 2026, inspectors are checking the SAQA 12483 alignment of your First Aid responders. If it’s not valid, the "Reasonably Practicable" defense collapses.

Protecting the Boardroom: The Swift Skills Solution

At Swift Skills Academy, we don't just "train." We provide the Portfolio of Evidence (PoE) that serves as your legal defense. When you partner with us for your OHSA Section 8 Compliance needs, you are ensuring that if the Department of Labour knocks, you have a mathematically and legally sound response ready. Learn More about our: SAQA 12483: Basic First Aid Training Cape Town | DoL CompliantSAQA 12483: Basic First Aid Training Cape Town | DoL Compliant