How must a construction incident be reported in South Africa?
Under the OHS Act and the General Administrative Regulations 2003, an incident that kills, injures or makes a person ill goes to the provincial director within 7 days, and a death or a lost limb is also reported forthwith, its site left undisturbed until an inspector consents. Every recordable incident is investigated within 7 days.
After an incident, in order
- Report forthwith, by telephone or similar means, an incident in which a person died, became unconscious, lost a limb or was likely to die or suffer a permanent physical defect, and any major incident or dangerous occurrence (r 8(1)(b)).
- Do not disturb the site of an incident in which a person died, is likely to die or lost a limb or part of a limb, or remove anything involved, without an inspector's consent (s 24(2)).
- Give the provincial director notice of an incident in which a person was killed, injured or made ill within 7 days, on form WCL 1 or WCL 2 (r 8(1)(a)).
- Have every recordable incident investigated within 7 days from the incident, and enter the findings in the Annexure 1 record as soon as the investigation is complete (r 9(2), (3)).
- Keep at the workplace, for at least 3 years, a record in the form of Annexure 1 of every incident reportable under section 24 of the Act and every other incident needing medical treatment beyond first aid (r 9(1)).
The written notice is due within 7 days, the investigation within 7 days, and the record is kept for 36 months.
| Duty | Window and section | If missed |
|---|---|---|
| Give the provincial director notice of an incident in which a person was killed, injured or made ill within 7 days, on form WCL 1 or WCL 2 | 7 daysr 8(1)(a) | an offenceLapsed compliance |
| Report forthwith, by telephone or similar means, an incident in which a person died, became unconscious, lost a limb or was likely to die or suffer a permanent physical defect, and any major incident or dangerous occurrence | none setr 8(1)(b)"Forthwith", with no number, so no window is recorded. | an offenceLapsed compliance |
| Do not disturb the site of an incident in which a person died, is likely to die or lost a limb or part of a limb, or remove anything involved, without an inspector's consent | none sets 24(2)It lasts until an inspector consents, with no day count, so no window is recorded. | an offenceLapsed compliance |
| Keep at the workplace, for at least 3 years, a record in the form of Annexure 1 of every incident reportable under section 24 of the Act and every other incident needing medical treatment beyond first aid | 36 monthsr 9(1) | an offenceLapsed compliance |
| Have every recordable incident investigated within 7 days from the incident, and enter the findings in the Annexure 1 record as soon as the investigation is complete | 7 daysr 9(2), (3) | an offenceLapsed compliance |
| Where a fatality or permanent disabling injury occurs on site, make sure the contractor reports it to the provincial director under section 24 of the Act, including the measures it intends to take to keep the site safe | none setr 5(3)The regulation states no day count of its own: it requires the report in accordance with regulations 8 and 9 of the General Administrative Regulations, which set 7 days for an injury or death, so no window is recorded here. | an offenceLapsed compliance |
What the library notes on each duty
Quoted a whole sentence at a time from the library's note on each row.
Give the provincial director notice of an incident in which a person was killed, injured or made ill within 7 days, on form WCL 1 or WCL 2
r 8(1)(a) · 7 days · an offence
- It covers the incidents in s 24(1)(a): a person dies, becomes unconscious, loses a limb or part of one, or is injured or ill enough to be likely to die, suffer a permanent physical defect or be unable to work for at least 14 days.
- A major incident or dangerous occurrence under s 24(1)(b) or (c) is reported forthwith under r 8(1)(b) instead.
- Regulation 12 makes a breach an offence: a fine or up to 12 months' imprisonment, and for a continuing offence a further ZAR 200 or one day for each day it continues, the extra imprisonment capped at 90 days; s 38(1)(a) of the Act separately makes a breach of s 24(1) an offence.
Report forthwith, by telephone or similar means, an incident in which a person died, became unconscious, lost a limb or was likely to die or suffer a permanent physical defect, and any major incident or dangerous occurrence
r 8(1)(b) · none set · an offence
- "Forthwith", with no number, so no window is recorded.
- This is in addition to the 7-day written notice under r 8(1)(a) for the injury cases, and the only report the regulation names for a major incident or dangerous occurrence under s 24(1)(b) and (c) of the Act.
Do not disturb the site of an incident in which a person died, is likely to die or lost a limb or part of a limb, or remove anything involved, without an inspector's consent
s 24(2) · none set · an offence
- Binds any person.
- The site may still be disturbed as far as needed to prevent a further incident, remove the injured or dead, or rescue people from danger.
- Section 38(1)(a) makes a breach of s 24(1) or (2) an offence: a fine of up to ZAR 50,000 or up to one year's imprisonment, or both, as the copy read states it (later changes to fine amounts were not checked).
Keep at the workplace, for at least 3 years, a record in the form of Annexure 1 of every incident reportable under section 24 of the Act and every other incident needing medical treatment beyond first aid
r 9(1) · 36 months · an offence
- The record is open for inspection by an inspector, and the health and safety committee examines each one at its next meeting (r 9(4)).
Have every recordable incident investigated within 7 days from the incident, and enter the findings in the Annexure 1 record as soon as the investigation is complete
r 9(2), (3) · 7 days · an offence
- The investigation is by the employer, a person it appoints, a health and safety representative or a committee member.
- The text requires the investigation within 7 days from the date of the incident and its finalisation as soon as reasonably practicable, or within the contracted period for contracted workers; it does not say how far the investigation must have gone by day 7.
Where a fatality or permanent disabling injury occurs on site, make sure the contractor reports it to the provincial director under section 24 of the Act, including the measures it intends to take to keep the site safe
r 5(3) · none set · an offence
- The client's duty.
- The regulation states no day count of its own: it requires the report in accordance with regulations 8 and 9 of the General Administrative Regulations, which set 7 days for an injury or death, so no window is recorded here.
- The gazette names those regulations "2013"; no 2013 General Administrative Regulations were found, and regulations 8 and 9 of the 2003 regulations (Government Notice R. 929) match what r 5(3) describes.
After the report
An incident is also a reason to review the risk assessment; that duty is on the health and safety plan and file.
What this page is, and is not
It is the section text this library holds for South Africa's Construction Industry Development Board Act, 2000 (Act 38 of 2000), Construction Industry Development Regulations, 2004, Construction Regulations, 2014, General Administrative Regulations, 2003 and Occupational Health and Safety Act, 1993 (Act 85 of 1993), with the window and the consequence. It is not legal advice, and it is not a substitute for reading the Acts, the Regulations and the contract you signed.
Demiton does not yet track South African projects. These pages set out the duties; the product does not run these checks on a South African job today.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.