Workplace Incident Reporting South Africa: Section 24, W.Cl.2 + Employer Checklist
Updated: 1 day ago
A workplace incident happens.
Someone is injured. A machine fails. A pressurised line releases unexpectedly. A chemical spills. An employee needs medical treatment.
Management's first question is often:.
“Do we have to report this?”
But that is actually several different questions.
Does the incident have to be reported to the Department of Employment and Labour?
Does it have to be recorded and investigated internally?
Does an employee injury also have to be reported to the Compensation Fund?
And does the incident scene need to be preserved?
South African employers should not treat those as the same process.
Workplace Incident Reporting South Africa: Quick Answer
Under section 24 of the Occupational Health and Safety Act 85 of 1993, certain serious workplace incidents must be reported to an inspector. These include specified serious injuries or illness, major incidents and certain dangerous events involving substances or machinery. (South Africa Government)
The General Administrative Regulations add important reporting, recording and investigation requirements. Reportable section 24(1)(a) incidents must be notified to the provincial director within seven days in the prescribed form, while specified serious events require immediate reporting by telephone, facsimile or similar means. (South Africa Government)
Separately, Regulation 9 requires employers to keep an Annexure 1 record for at least three years for section 24 incidents and for other incidents where the person received medical treatment beyond first aid. Those incidents must also be investigated within seven days. (South Africa Government)
Where an employee suffers a work-related accident requiring medical treatment or resulting in death, Compensation Fund reporting using the W.Cl.2 Employer's Report of an Accident may also apply. (Department of Labour)
Incident Reporting at a Glance
Situation | Employer action |
Death | Section 24 reporting; immediate notification; scene-preservation considerations |
Unconsciousness | Section 24 reporting; immediate notification |
Loss of limb or part of limb | Section 24 reporting; immediate notification; scene-preservation considerations |
Likely permanent physical defect | Section 24 reporting; immediate notification |
Likely unable to work / perform usual activity for at least 14 days | Section 24 reporting |
Major incident | Report immediately |
Dangerous substance spill endangering health/safety | Report immediately |
Uncontrolled release of substance under pressure | Report immediately |
Machinery fracture/failure causing flying, falling or uncontrolled objects | Report immediately |
Machinery runs out of control | Report immediately |
Medical treatment beyond first aid, but not necessarily section 24 | Record and investigate under Regulation 9 |
Employee accident requiring medical treatment | Consider separate Compensation Fund / W.Cl.2 process |
Minor first-aid-only event | May still warrant internal recording under company procedures, but does not automatically meet Regulation 9's medical-treatment threshold |
The key lesson:
Not every incident is Section 24 reportable — but an incident can still require recording, investigation or Compensation Fund action.
What Is a Reportable Workplace Incident in South Africa?
Section 24 does not say that every cut, bruise, near miss or first-aid case must automatically be reported to an inspector.
It identifies particular incidents.
Section 24(1)(a) covers incidents where a person:
dies;
becomes unconscious;
loses a limb or part of a limb;
is injured or becomes ill to such a degree that death is likely;
is likely to suffer a permanent physical defect; or
is likely to be unable for at least 14 days either to work or continue the activity for which the person is normally employed. (South Africa Government)
Section 24 also covers a major incident. (South Africa Government)
But one of the most important parts for employers is section 24(1)(c).
Some Incidents Can Be Reportable Even Without an Injury
Section 24 also applies where a person's health or safety was endangered and:
a dangerous substance was spilled;
a substance under pressure was released uncontrollably;
machinery or part of machinery fractured or failed and produced flying, falling or uncontrolled moving objects; or
machinery ran out of control. (South Africa Government)
That means employers should not use:
“Nobody was injured.”
as an automatic test for whether an event is reportable.
A serious machinery failure or dangerous release may trigger reporting because of the event itself.
Reportable vs Recordable Workplace Incidents
This distinction is critical.
Reportable
A Section 24 incident that falls within the categories specified by the OHS Act and reporting regulations.
Recordable
Regulation 9 goes wider.
Employers or users must keep an Annexure 1 record of:
incidents that must be reported under section 24; and
other incidents where the affected person had to receive medical treatment other than first aid. (South Africa Government)
So an event can be:
not Section 24 reportable to an inspector
but still:
recordable and investigable internally under Regulation 9.
That is one of the most important distinctions in South African workplace incident management.
Which Incidents Must Be Reported Immediately?
The General Administrative Regulations require more urgent reporting for specified serious incidents.
Where a person dies, becomes unconscious, loses a limb or part of a limb, or suffers injury or illness likely to result in death or permanent physical defect, the incident must also be reported forthwith to the provincial director by telephone, facsimile or similar communication. Major incidents and the dangerous events covered by section 24(1)(c) are also included in this immediate-reporting requirement. (South Africa Government)
In practical terms:
Do not wait for the internal investigation to finish before making an urgent report that is already required.
Investigation and notification are separate processes.
What Is the 7-Day Workplace Incident Reporting Rule?
There are multiple seven-day obligations that employers can easily confuse.
1. Section 24(1)(a) reporting
The General Administrative Regulations state that notice of an incident covered by section 24(1)(a) must be given to the provincial director within seven days in the prescribed form. (South Africa Government)
2. Incident investigation
Regulation 9 requires every incident that must be recorded under that regulation to be investigated within seven days from the date of the incident and finalised as soon as reasonably practicable. (South Africa Government)
3. Compensation Fund reporting
The Department's W.Cl.2 Employer's Report of an Accident instructs employers to report applicable occupational accidents to the Compensation Commissioner within seven days. Department guidance also emphasises that employers should not wait for all medical documentation before initiating the accident report. (Department of Labour)
These are related, but they are not one single form or one single process.
W.Cl.2 vs Annexure 1: What Is the Difference?
Employers frequently encounter both documents after a workplace injury.
They should not be treated as interchangeable.
Document | Primary function |
W.Cl.2 | Employer's report of an occupational accident for Compensation Fund purposes |
Annexure 1 | OHS Act / General Administrative Regulations record and investigation of incidents |
W.Cl.2 — Employer's Report of an Accident
The Department's W.Cl.2 instructions require the form where an employee suffers a workplace accident resulting in personal injury requiring medical treatment or death, and where an employee reports a personal injury alleged to have arisen out of and in the course of employment.
The Department's accident-reporting guidance says employers should complete Part A, provide the relevant portion for the treating medical practitioner or hospital and submit the accident report to the Compensation Fund without waiting for all later medical documentation. (Department of Labour)
Annexure 1 — Recording and Investigation of Incidents
Annexure 1 is the workplace incident record prescribed under Regulation 9.
The official form records information including:
employer;
affected person;
identity number;
incident date and time;
body part affected;
effect on the person;
expected period of disablement;
machine/process/work/exposure;
whether reporting occurred;
investigator;
incident description;
suspected cause;
recommended prevention measures;
employer action; and
health and safety committee remarks. (South Africa Government)
A serious employee accident can therefore result in both processes being relevant.
Who Must Investigate a Workplace Incident?
Regulation 9 allows the investigation to be undertaken by:
the employer;
a person appointed by the employer;
a health and safety representative; or
a member of the health and safety committee. (South Africa Government)
The required investigation should begin within seven days of the incident and be finalised as soon as reasonably practicable. (South Africa Government)
The investigation findings must then be entered into Annexure 1 immediately after completion. (South Africa Government)
That means a workplace investigation should not end with:
“Employee was careless.”
The investigation needs to identify what happened, likely causes and measures that can reasonably help prevent recurrence.
What Should a Workplace Incident Investigation Establish?
A practical investigation should answer:
What happened?
Describe the event factually.
Where did it happen?
Identify the actual work area, machine, site or location.
When did it happen?
Record the date and time.
Who was involved?
Identify the affected person and relevant witnesses.
What work was being performed?
Record the activity, process, machine, substance or exposure involved.
What were the immediate circumstances?
For example:
machine state; guarding; work method; housekeeping; environmental conditions; tools; PPE; supervision; procedure; permit; communication.
What may have contributed to the incident?
Avoid stopping at the first visible error.
Look for underlying contributors such as:
unsafe work systems;
equipment condition;
maintenance;
inadequate guarding;
poor layout;
insufficient information or instruction;
unclear procedures;
ineffective supervision;
unsuitable PPE;
workload or task design;
contractor interfaces;
housekeeping;
failure to implement previous corrective actions.
What should change?
Corrective action should address the actual cause or risk.
Not every incident requires training.
Some incidents require:
engineering changes, maintenance, guarding, procedure revision, isolation, housekeeping, supervision, procurement changes or another physical/process control.
Training is one possible corrective action — not the automatic answer to every incident.
The Workplace Incident Reporting Decision Tree
Use this sequence after the immediate emergency has been controlled:
STEP 1 — CARE FOR PEOPLE
Provide emergency assistance, first aid and medical care where required.
STEP 2 — CONTROL THE DANGER
Prevent another person from being injured.
STEP 3 — ASK WHETHER SECTION 24 APPLIES
Was there:
death; unconsciousness; loss of limb; likely permanent defect; likely 14-day incapacity; a major incident; dangerous substance spill; uncontrolled pressure release; relevant machinery fracture/failure; or machinery running out of control?
If yes, escalate immediately according to the applicable reporting requirements.
STEP 4 — CONSIDER SCENE PRESERVATION
For certain fatal or very serious incidents, section 24(2) restricts disturbance of the incident site without an inspector's consent.
Exceptions allow necessary action to prevent another incident, rescue persons from danger, or remove an injured or deceased person. (South Africa Government)
STEP 5 — DETERMINE WHETHER ANNEXURE 1 IS REQUIRED
Was it Section 24 reportable?
Or did the person require medical treatment beyond first aid?
If yes, Regulation 9 recording and investigation requirements apply. (South Africa Government)
STEP 6 — CONSIDER COMPENSATION FUND REPORTING
If an employee suffered an occupational accident requiring medical treatment, begin the applicable W.Cl.2 process rather than assuming the OHS incident record replaces it. (Department of Labour)
STEP 7 — INVESTIGATE
Start the required investigation within seven days. (South Africa Government)
STEP 8 — IMPLEMENT CORRECTIVE ACTION
The purpose is prevention, not merely completing paperwork.
STEP 9 — REVIEW THROUGH THE HEALTH & SAFETY COMMITTEE
Where a health and safety committee exists, Regulation 9 requires the incident record to be examined at its next meeting and reasonably practicable actions implemented and followed up. (South Africa Government)
STEP 10 — RETAIN THE RECORD
Annexure 1 records covered by Regulation 9 must be kept for at least three years and made available for inspection. (South Africa Government)
What Happens to the Incident Scene After a Serious Accident?
Section 24 contains a rule employers should know before a serious incident happens.
Where a person dies, is injured so seriously that death is likely, or suffers loss of a limb or part of a limb, the incident site generally must not be disturbed or involved articles or substances removed without the consent of an inspector. (South Africa Government)
However, the Act allows necessary action to:
prevent a further incident;
remove an injured or deceased person; or
rescue persons from danger. (South Africa Government)
This is why a serious-incident procedure should include scene preservation, not only first aid and paperwork.
What About Near Misses?
“Near miss” is a useful safety-management term, but employers should not assume every near miss falls into the same statutory reporting category.
A near miss involving ordinary low-level circumstances may not trigger section 24.
But an event in which health or safety was endangered by one of the specific section 24(1)(c) occurrences — such as a dangerous substance spill, uncontrolled pressure release or specified machinery failure — can be reportable even though nobody was injured. (South Africa Government)
Internally recording meaningful near misses can also help employers identify hazards before somebody is injured.
That is risk management rather than merely injury counting.
Should First-Aid Cases Be Recorded?
Regulation 9 specifically requires the Annexure 1 record for:
section 24 reportable incidents; and
other incidents resulting in medical treatment other than first aid. (South Africa Government)
That wording does not prevent an employer from maintaining internal records of first-aid cases.
In fact, first-aid and minor-event trends can be useful indicators.
But employers should distinguish:
internal safety recording
from:
statutory reportability.
A minor internal record does not automatically mean the event must be reported to the provincial director.
What If a Contractor Is Injured?
Do not assume that “contractor” means “not our problem.”
Responsibility can depend on who the employer or user is, the circumstances of the work, contractual arrangements, section 37 relationships and the applicable regulatory framework.
The incident should therefore be escalated through the relevant contractor and employer systems immediately rather than allowing uncertainty over responsibility to delay emergency response or required notifications.
For contractors, Regulation 9 also states that investigations must be finalised within the contracted period where contracted workers are involved. (South Africa Government)
What Records Should Employers Keep After an Incident?
A well-controlled incident file might contain, where applicable:
Record | Purpose |
Initial incident notification | Establishes first known facts |
Annexure 1 | Statutory record/investigation where applicable |
W.Cl.2 | Compensation Fund accident reporting where applicable |
Medical documentation | Supports injury / treatment process |
Witness details/statements | Preserves observations |
Photographs/site information | Documents conditions |
Relevant risk assessment | Shows existing hazard/control framework |
Procedure / work instruction | Tests expected method against events |
Training/instruction evidence | Shows relevant prior information/training |
Equipment inspection/maintenance | Helps establish equipment condition |
Corrective-action register | Tracks prevention measures |
Committee review | Records oversight where applicable |
Proof of external notification | Shows required reports were made |
The aim is not to create the thickest possible file.
It is to create a traceable evidence chain.
Annexure 1 Employer Checklist
Before closing an incident investigation, check:
affected person correctly identified;
date and time recorded;
location recorded;
machine/process/work identified;
injury/effect accurately described;
Section 24 status considered;
external reporting completed where applicable;
Compensation Fund process considered separately;
witnesses identified;
investigation completed;
suspected causes documented;
corrective measures defined;
person responsible for each action identified;
deadlines assigned;
employer action recorded;
health and safety committee review completed where required;
follow-up verified;
record retained for required period.
A form should not be closed simply because someone signed the bottom.
The real closure question is:
Has the risk that produced the incident actually been addressed?
Ten Workplace Incident Reporting Mistakes Employers Should Avoid
1. Assuming every workplace injury is automatically a Section 24 incident
It is not.
Apply the actual criteria.
2. Assuming no injury means no reporting
Section 24(1)(c) proves why that can be wrong.
3. Waiting for the investigation before making an urgent notification
Some incidents must be reported immediately.
4. Treating W.Cl.2 and Annexure 1 as the same form
They serve different processes.
5. Waiting for all medical paperwork before beginning Compensation Fund reporting
Department guidance expressly warns employers not to wait for full documentation before reporting the accident. (Department of Labour)
6. Failing to investigate within seven days
Regulation 9 specifies the investigation timeframe. (South Africa Government)
7. Writing “employee negligence” as the entire cause
That can hide system failures.
8. Making training the automatic corrective action
Sometimes equipment, engineering, maintenance or process changes are required.
9. Failing to follow up corrective actions
A recommendation that is never implemented does not prevent recurrence.
10. Losing the incident records
Regulation 9 Annexure 1 records must be retained for at least three years. (South Africa Government)
Workplace Incident Reporting South Africa: Employer Action Checklist
When an incident occurs:
CARE → CONTROL → CLASSIFY → REPORT → RECORD → INVESTIGATE → CORRECT → VERIFY
CARE
Attend to injured or exposed persons.
CONTROL
Prevent another incident.
CLASSIFY
Determine whether section 24 or other reporting requirements apply.
REPORT
Make immediate and prescribed notifications where required.
RECORD
Complete the appropriate internal/statutory documentation.
INVESTIGATE
Establish what happened and why.
CORRECT
Implement reasonably practicable preventive actions.
VERIFY
Check whether those measures were actually implemented and effective.
That is the workflow I would turn into the downloadable Swift Skills Academy Workplace Incident Reporting Employer Checklist.
Frequently Asked Questions
What workplace incidents must be reported in South Africa?
Section 24 of the Occupational Health and Safety Act covers specified serious injuries and illnesses, deaths, major incidents and particular dangerous occurrences involving substances or machinery. The exact facts of the event should be compared against the statutory criteria rather than assuming that every incident has the same reporting requirement. (South Africa Government)
How soon must a Section 24 incident be reported?
The General Administrative Regulations require notice within seven days for section 24(1)(a) incidents, while certain serious incidents, major incidents and section 24(1)(c) events must also be reported forthwith by telephone, facsimile or similar means. (South Africa Government)
What is Annexure 1 under the OHS Act?
Annexure 1 is the prescribed Regulation 9 record used for recording and investigating applicable workplace incidents. It includes incident details, investigation findings, suspected causes, prevention recommendations, employer action and health and safety committee remarks. (South Africa Government)
How long must Annexure 1 incident records be kept?
Regulation 9 requires applicable Annexure 1 records to be kept for at least three years and made available for inspection. (South Africa Government)
How soon must a workplace incident be investigated?
An incident that must be recorded under Regulation 9 must be investigated within seven days from the date of the incident and finalised as soon as reasonably practicable. (South Africa Government)
Is W.Cl.2 the same as an Annexure 1 incident report?
No. W.Cl.2 is the Employer's Report of an Accident used in the Compensation Fund process. Annexure 1 is the Regulation 9 OHS incident recording and investigation document. Depending on the incident, both may be relevant. (Department of Labour)
Must a near miss be reported?
Not every near miss is automatically Section 24 reportable. However, section 24 includes specified dangerous events where health or safety was endangered even if an injury did not occur, including certain dangerous substance spills, uncontrolled pressure releases and machinery failures. (South Africa Government)
Must an incident requiring medical treatment be investigated?
Regulation 9 requires the Annexure 1 record and investigation not only for section 24 incidents but also for other incidents where the person had to receive medical treatment other than first aid. (South Africa Government)
Can an employer move equipment after a fatal accident?
For certain fatal and very serious incidents, section 24(2) restricts disturbance of the incident site without inspector consent. Necessary action can still be taken to prevent another incident, rescue people or remove an injured or deceased person. (South Africa Government)
Does reporting an accident to the Compensation Fund replace reporting under the OHS Act?
No. The Compensation Fund process and OHS Act incident-reporting process have different purposes. An employer should assess each applicable requirement instead of assuming one submission satisfies every obligation. (Department of Labour)
Authoritative Sources
South African Government — Occupational Health and Safety Act 85 of 1993
Section 24 identifies incidents that must be reported and includes the serious-incident scene-preservation provisions. (South Africa Government)
South African Government — General Administrative Regulations, 2003
Regulations 8 and 9 prescribe incident reporting, recordkeeping, investigation, Annexure 1 and health and safety committee review requirements. (South Africa Government)
Department of Employment and Labour — W.Cl.2 Employer's Report of an Accident
Official Compensation Fund accident-report form and employer instructions. (Department of Labour)
Read More
OHS Legal Liability South Africa: Employer & Management Guide https://www.swiftskillsacademy.com/post/ohs-legal-liability-south-africa
OHS Legal Appointments South Africa: Employer Guide https://www.swiftskillsacademy.com/post/ohs-legal-appointments-south-africa
Section 37(2) Agreement South Africa: Contractor Safety, Legal Duties & Employer Guide https://www.swiftskillsacademy.com/post/section-37-2-agreement-south-africa
Final Word
Workplace incident reporting in South Africa is not one form and one deadline.
An incident may require:
urgent notification, Section 24 reporting, Annexure 1 recording, investigation, Compensation Fund reporting, corrective action, committee review and record retention.
The employer's first responsibility after an incident is to protect people and control further danger.
The next is to classify the event correctly.
And the most important long-term question is not:
“Did we complete the form?”
It is:
