2025 OHS ACT 85 Compliance: New Risk Assessment Rules in SA

2025 OHS ACT 85 Legal Imperatives for South African Businesses

The Department of Employment and Labour has embedded risk assessments into every aspect of compliance. Key requirements include:

• Mandatory explicit risk assessments for machinery, hazardous substances, and physical agents (noise, vibration, heat, radiation, illumination).
• Baseline, task‑based, and continuous assessments, enforceable by the Department of Employment and Labour inspectorate
• Annual reviews and refresher training for all employees, including vulnerable groups.
• 40‑year recordkeeping for training, assessments, and medical surveillance.

Why Risk Assessments Matter More Than Ever

These changes elevate risk assessments from “good practice” to non‑negotiable compliance. The stakes are high:

• Legal liability: Non‑compliance can trigger penalties or prosecution.
• Operational continuity: Updated risk registers protect against downtime and accidents.
• Reputation: Demonstrating compliance builds trust with employees, clients, and regulators.

Inspectorate Enforcement in Action

Since March 2025, OHS ACT 85 inspectors have intensified enforcement. Their focus areas include:

• Hazardous substances management
• PPE allocation and monitoring
• Ergonomics oversight

Failure to produce up‑to‑date, context‑specific risk assessments is now grounds for penalties. High‑risk sectors such as construction, logistics, and manufacturing are under particular scrutiny.

Practical Steps for Businesses in 2025

To stay compliant and inspection‑ready, businesses should:

1. Audit existing risk assessments against the 2025 requirements.
2. Update documentation to include baseline, task‑based, and continuous assessments.
3. Schedule annual reviews and refresher training for all staff.
4. Implement digital risk registers for easier monitoring and reporting.
5. Maintain long‑term records in secure, accessible formats.

Old vs. New Risk Assessment Requirements (Table for SEO & Clarity)

Conclusion: Compliance as a Strategic Advantage

Risk assessments are no longer paperwork to file away; they are living processes that protect people, productivity, and reputation. For South African businesses, 2025 is the year to embed compliance into daily operations and future‑proof against regulatory, operational, and reputational risks.