If you’re a director or business owner of an SME in South Africa right now, listen very carefully:
Under Section 16(2) of the Occupational Health and Safety Act, you are personally liable – and criminally – liable for safety violations in your workplace.
That means the Department of Employment and Labour inspector doesn’t just fine the company. They can fine YOU up to R1 million and send YOU to prison for up to 2 years.
And in 2025/2026, they are doing exactly that more than ever before.
We’ve seen directors crying in our offices after receiving personal prohibition notices and criminal dockets because they thought “someone else” was handling safety compliance.
Don’t let that be you.
The 7 OHS Act Violations That Trigger Massive Fines in 2026
These are the ones inspectors are nailing SMEs on right now:
- No Section 16(2) Appointment in writing – The CEO/MD must be formally appointed as the person responsible for health and safety. 9 out of 10 SMEs we audit don’t have this.
- No competent SHE Rep appointed (Section 17) – And no proof they’ve been trained.
- No risk assessments conducted or updated annually – Generic ones copied from the internet don’t count.
- Inadequate or no incident investigation (General Safety Regulations 9) – If someone gets hurt and you can’t produce a proper Annexure 1 within 7 days, you’re in serious trouble.
- No proof of toolbox talks or safety training – WhatsApp voice notes don’t count as records.
- No valid Letter of Good Standing (COIDA) – This alone disqualifies you from every tender instantly.
- Fall protection plan missing or not signed by a competent person – The #1 killer on sites right now.
Any one of these can trigger an immediate R100 000+ fine per contravention. Multiple contraventions? You’re looking at R500k–R1 million and possible jail time.
How OHS Act Non-Compliance Kills Your Tender Pre-Qualification
Even if you never have an incident, non-compliance will still cost you millions – in lost contracts.
Every single tender in South Africa now requires:
- Valid Letter of Good Standing
- Proof of SHE Rep appointment and training
- Current risk assessments
- Section 16(2) appointment letter
If you can’t produce these within minutes, you’re disqualified before your price is even opened.
We had a client last month who lost a R28 million tender because their COIDA had expired 3 weeks earlier. Three weeks. R28 million gone.
The Simple Fix: Get Your Legal Register + Appointments Done in 48 Hours
Here’s what PrimeSHEQ does for every new client (and what you should do today):
- We create your full Legal Register specific to your industry and operations (OHS Act, Construction Regs, Environmental Regs, etc.)
- We draft and supply all legal appointments (16(2), 16(1), SHE Rep, First Aider, Fire Marshal, etc.)
- We give you the exact checklist inspectors use in 2026
- Everything in editable Word format – you own it forever
Total time: 24–48 hours. Cost: Less than one month’s salary of a junior safety officer.
And when you order a safety file from us, we throw in the full legal appointments package 100% free.
Quick Checklist: Are You Criminally Exposed Right Now?
Answer honestly:
- Do you have a signed Section 16(2) appointment letter naming YOU personally? [ ] Yes [ ] No
- Is your SHE Rep trained and appointed in writing? [ ] Yes [ ] No
- Have you done a proper risk assessment in the last 12 months? [ ] Yes [ ] No
- Is your COIDA Letter of Good Standing valid right now? [ ] Yes [ ] No
- Can you produce incident investigation records for the last incident? [ ] Yes [ ] No
If you ticked NO to even one of these, you are personally at risk of prosecution.
Real Client Story – From Criminal Docket to Compliant in 72 Hours Later
Two months ago, a manufacturing client in Durban received a visit from the Department of Employment and Labour.
Outcome: Prohibition notice, R250 000 fine threatened, and criminal docket opened against the director.
They called us on a Friday afternoon in pure panic.
By Monday morning we had delivered:
- Full legal register
- All legal appointments
- Updated risk assessments
- Proof of training for SHE Reps
Inspector came back the following week – prohibition lifted, fine dropped to R25 000 (administrative), criminal docket withdrawn.
The director said: “You didn’t just save my company. You saved my freedom.”