EMPLOYER DUTIES UNDER THE OCCUPATIONAL HEALTH & SAFETY ACT

Written by Limya Kamaldien

Consider a busy Saturday in a hairdressing and beauty establishment. Employees are working to full capacity, electrical equipment is running continuously, and chemicals are being mixed for treatments. A bottle is knocked over, a chemical spills onto the floor, and a client slips. Within minutes, what started as an ordinary busy day has become a workplace health and safety incident.

In that moment, health and safety stops being a “file in the cupboard” and becomes an everyday employer responsibility. The good news is that the law already sets out the fundamental duties employers must meet to protect Employees and others who may be affected by the activities of the establishment. Doing this properly is not only about compliance. It is about creating a safer, more professional and more sustainable working environment.

This article explains employer duties under the Occupational Health and Safety Act 85 of 1993 (OHSA), together with relevant regulations, in plain language and with examples applicable to the hairdressing, cosmetology, skincare and beauty industry. It also considers how putting these duties into practice can support employee wellbeing and strengthen the way an establishment operates.

The core legal duty: “safe and without risk”

Section 8(1) of OHSA sets out the foundation: every employer must provide and maintain, as far as reasonably practicable, a working environment that is safe and without risk to the health of Employees. Section 8(2) then sets out specific matters that form part of this general duty, including safe systems of work, plant and machinery, the identification and control of hazards, information, instruction, training and supervision.

“Reasonably practicable” does not mean that an employer can simply accept an avoidable hazard. It requires the employer to take reasonably practicable steps to eliminate or mitigate hazards and to provide the necessary means to apply appropriate precautionary measures.

For establishments, this core duty covers everyday risks such as chemical exposure, inadequate ventilation, electrical equipment, hot surfaces, slips and trips, fire risks, manual handling and the safe use and maintenance of equipment.

Key employer duties under section 8 – in establishment language

1. Safe systems of work and equipment

Section 8 of OHSA requires employers to provide and maintain systems of work, plant and machinery that are, as far as reasonably practicable, safe and without risks to health. The Act also requires work involving plant or machinery to be carried out under appropriate supervision by a person who understands the hazards and has the authority to ensure that the necessary precautionary measures are implemented.

While the term “plant and machinery” may be more commonly associated with industrial workplaces, the principle is relevant to the hairdressing, cosmetology, skincare and beauty industry. Establishments use a range of electrical, mechanical, heat-producing and light-based equipment that can create risks if it is unsuitable, poorly maintained, damaged or used incorrectly.

For employers, the practical focus should therefore be on the equipment and work processes used in the establishment. This may include hairdryers, clippers, steamers, wax heaters, sterilising or disinfection equipment, nail drills and light-based devices, depending on the services offered.

Employers should ensure that equipment is suitable for its intended use, properly maintained and used in accordance with appropriate safety precautions and manufacturer instructions. Employees should also receive the necessary information, instruction, training and supervision to use equipment safely.

In practical terms, frayed electrical cords, damaged plugs, cracked equipment, overheating devices or malfunctioning equipment should not simply remain in use because the establishment is busy. Where equipment presents a safety risk, it should be taken out of service until the risk has been appropriately addressed.

The important point for employers is that the wording of OHSA may refer to “plant and machinery”, but the duty applies to the actual equipment, systems of work and hazards present in the establishment.

2. Eliminate or mitigate hazards before relying on PPE

OHSA requires employers to take reasonably practicable steps to eliminate or mitigate hazards before resorting to personal protective equipment (PPE).

For establishments, this could mean:

• Choosing less hazardous products where appropriate and where they are suitable for the service being performed.

• Improving ventilation or using local extraction where necessary to control exposure.

• Implementing safe storage and handling procedures for chemicals and other hazardous substances.

• Changing work methods where doing so can reduce exposure or risk.

PPE such as gloves, masks, eye protection and aprons can provide an important additional layer of protection where residual risks remain. PPE should not, however, be treated as a substitute for identifying and controlling the hazard itself.

3. Safe handling, storage and use of substances

OHSA requires employers to make arrangements for safety in connection with the production, processing, use, handling, storage and transport of articles and substances. Employers must also establish what hazards are associated with work, substances, plant and machinery and determine appropriate precautionary measures.

In establishments, this means:

• Maintaining appropriate, up-to-date safety data sheets (SDS) for hazardous chemical agents used at the establishment and making the required information accessible to Employees.

• Labelling containers clearly, including secondary containers where applicable.

• Storing chemicals safely and according to their properties and manufacturer instructions.

• Having appropriate procedures for spills, exposure and emergencies.

• Providing Employees with the information and training necessary to handle hazardous chemical agents safely.

The Hazardous Chemical Agents Regulations, 2021 provide additional requirements concerning information, training, exposure control, PPE, safety data sheets, labelling, storage and related safety measures. These requirements should be considered alongside the general duties in section 8.

4. Information, instruction, training and supervision

Employers must provide the information, instruction, training and supervision necessary to ensure, as far as is reasonably practicable, the health and safety at work of Employees.

For the industry, this can include:

• Induction training on establishment hazards, emergency procedures and health and safety responsibilities.

• Task-specific training on the safe handling of chemicals and equipment.

• Training on appropriate hygiene, cleaning, disinfection and waste-disposal procedures.

• Short safety discussions to reinforce important controls and lessons from incidents or near-misses.

• Appropriate supervision of juniors, learners and Employees who are still developing competence in particular tasks.

Training should not be treated as a once-off exercise. Employers need to consider whether Employees understand the hazards associated with their work and whether the controls provided are actually being followed.

5. No work without the required precautionary measures

OHSA requires employers, as far as reasonably practicable, not to permit Employees to perform work, handle substances or operate plant or machinery unless the necessary precautionary measures have been taken.

In practice, this means:

• Damaged electrical or heat-producing equipment should not remain in service.

• Employees should not be expected to work with hazardous substances without the required precautions.

• Appropriate hygiene, cleaning, disinfection and protective measures should be implemented for treatments where they are necessary to control risks.

• Employees should have access to the information, training and equipment necessary to perform their work safely.

The precise requirements will depend on the service, product, equipment and hazard involved. Employers should therefore avoid treating one safety measure as appropriate for every situation.

6. Ensuring compliance by everyone on the premises

Employers must take all necessary measures to ensure that OHSA requirements are complied with by persons in their employment or on premises under their control where plant or machinery is used, and must enforce measures necessary in the interest of health and safety.

This means health and safety cannot rest entirely with one person. Employers should establish clear rules for Employees, learners, contractors and others working on the premises, and ensure that those rules are understood and followed.

Duties to clients, contractors and visitors under section 9

The employer's responsibility does not stop with Employees. Section 9 requires employers to conduct their undertaking in such a manner as to ensure, as far as is reasonably practicable, that people other than Employees who may be directly affected by the employer's activities are not exposed to hazards to their health or safety.

For establishments, this means considering risks to:

• Clients, including exposure to hazards created by chemicals, equipment, treatment areas or unsafe conditions.

• Visitors, including children, delivery persons and other members of the public who may enter the establishment.

• Contractors, such as electricians, cleaners or equipment technicians, who may be exposed to hazards while working on the premises.

The employer therefore needs to consider not only whether Employees are protected, but whether the way the establishment operates creates avoidable risks.

What has changed: Regulations employers need to know about

On 6 March 2025, the Minister of Employment and Labour published the Physical Agents Regulations, 2024, the Noise Exposure Regulations, 2024 and the General Safety Regulations, 2025 in Government Gazette No. 52226. The new regulations commenced on 6 March 2025.

The Physical Agents Regulations and Noise Exposure Regulations provide for the repeal of the Environmental Regulations for Workplaces, 1987 and the Noise-Induced Hearing Loss Regulations, 2003, respectively, after the 18-month period provided for in the new regulations. The scheduled repeal date is 6 September 2026.

Employers should therefore use the period before the repeal of the older regulations to understand which requirements apply to their establishments and to prepare accordingly.

The significance of the new framework goes beyond record-keeping. It places greater emphasis on identifying exposure, assessing risks, applying controls, providing information and training, and keeping the records required by the applicable regulations.

Physical Agents Regulations, 2024

The Physical Agents Regulations address physical agents such as heat stress, cold stress, vibration, non-ionising radiation and illumination, as well as requirements relating to indoor air quality. This is relevant to establishments where Employees may be exposed to heat-producing equipment, vibration, particular forms of light-based equipment, inadequate lighting or ventilation concerns.

The regulations introduce more specific requirements concerning matters such as:

• Documented exposure risk assessments by a competent person at prescribed intervals and when circumstances require reassessment.

• Exposure monitoring where the risk assessment and applicable exposure limits or action levels indicate that monitoring is necessary.

• Medical screening and surveillance where required by the risk assessment and applicable regulatory requirements.

• Requirements relating to illumination, indoor air quality, heat and cold stress, vibration and non-ionising radiation.

• Information, instruction and training for Employees exposed to relevant physical agents.

• Record-keeping and consultation with health and safety representatives or committees where applicable.

The Physical Agents Regulations were subsequently amended by Government Notice 7149, published on 20 February 2026. The amendments include changes relating to information, instruction and training, electromagnetic-field exposure limits and illumination requirements.

For establishments, the practical message is simple: lighting, ventilation, heat, vibration and relevant light-based equipment should not be overlooked when identifying workplace risks.

Noise Exposure Regulations, 2024

Noise may not be the first hazard that comes to mind in a hairdressing or beauty establishment. However, a busy working environment may involve several dryers, extractors, nail drills and other equipment operating at the same time.

The Noise Exposure Regulations, 2024 introduce a more specific framework for assessing and controlling occupational noise exposure. Where Employees may be exposed at relevant levels, employers need to consider risk assessment, exposure monitoring, appropriate controls, information and training, and medical surveillance requirements such as audiometry where applicable. The regulations also provide for a Code of Practice for Audiometry.

The important point for employers is not to assume that ordinary establishment noise automatically triggers every requirement. The first step is to identify whether Employees are exposed to noise at levels covered by the regulations and then apply the requirements that follow from that assessment.

General Safety Regulations, 2025

The General Safety Regulations, 2025 reinforce important workplace safety requirements, including risk evaluation, housekeeping and safe access and egress. They are particularly relevant to establishments where wet floors, electrical cords, equipment, clutter and busy workstations can create everyday hazards. The General Safety Regulations were published in Government Gazette No. 52226 on 6 March 2025 and have subsequently been amended.

Employers should pay attention to:

• Clear and unobstructed work areas.

• Clean, orderly and safe floors and walkways.

• Appropriate housekeeping and the removal of hazards.

• Safe means of access and egress.

• Appropriate fire precautions and firefighting equipment.

• Personal safety equipment and facilities where required.

These are not merely administrative matters. A clear walkway, a properly maintained electrical cord, and a safe treatment area can prevent an incident before it happens.

Why these duties matter beyond compliance

For employers, meeting OHSA duties is not simply about preparing for an inspection. The controls introduced to manage workplace hazards can also contribute to a more organised and professional establishment.

When Employees know how hazards should be managed, equipment is appropriately maintained, risks are identified, and safety concerns are addressed, the establishment is better positioned to protect its Employees while maintaining consistent service.

This can also reduce avoidable disruption, support employee confidence and contribute to the trust clients place in the establishment.

In this sense, health and safety is not separate from the way an establishment is managed. It forms part of responsible day-to-day management.

Leadership habits that make safety real in establishments

Compliance becomes culture when owners and managers lead by example. Practical habits include:

• Being present where risk lives:

  Spending time on the establishment floor, watching how chemicals are handled, how equipment is used, and how clients and Employees move through the space.

  
  

• Backing Employees who raise legitimate safety concerns:

  Supporting Employees who identify damaged equipment, missing precautions or other hazards, and ensuring those concerns are dealt with appropriately.

  
  

• Regular safety conversations:

  Short, focused discussions in team meetings about incidents, near-misses and what was learned.

  
  

• Measuring control health, not just incidents:

  Checking whether ventilation is working, whether SDS are current and accessible where required, whether equipment is maintained and whether training records are up to date, rather than only counting injuries.

These habits shift safety from a “file” to a daily operating system.

Practical checklist for hairdressing, cosmetology, skincare and beauty employers

To translate the law into daily practice, employers and managers can use the following checklist:

• Health and safety policy and required OHSA notices or summaries are displayed or made available as prescribed.

• Appropriate, up-to-date SDS for hazardous chemical agents used at the establishment are accessible to Employees as required.

• Documented risk assessments are conducted for hazards relevant to the establishment, with physical-agent assessments undertaken and reviewed at the intervals required by the applicable regulations.

• Safe procedures are in place for the mixing, application, handling, storage and disposal of hazardous substances.

• Chemicals and other hazardous substances are clearly labelled and safely stored.

• Electrical, heat-producing and other relevant equipment is inspected, maintained and removed from service when unsafe.

• Ventilation is adequate for the work being performed and additional controls, including local extraction, are used where necessary.

• Appropriate PPE is available and correctly used where required, after reasonably practicable measures to eliminate or mitigate hazards have been considered.

• Employees receive induction and ongoing health and safety information, instruction, training and supervision appropriate to their work and the hazards present.

• Incident reporting, emergency and first-aid procedures are in place, with the required first-aid facilities and trained personnel.

• Health and safety representatives and committees are appointed where required, with appropriate consultation.

• Required risk assessments, monitoring, training, medical surveillance and other health and safety records are kept for the periods prescribed by the applicable regulations.

Looking ahead

There is also an Occupational Health and Safety Amendment Bill that employers should continue to monitor. However, proposed legislation is not the same as current law and should not be treated as enforceable until enacted and brought into operation.

For hairdressing, cosmetology, beauty, and skincare establishments, the message is clear: health and safety is a core part of running a compliant, professional and sustainable establishment. Understanding and implementing employer duties under OHSA, together with the regulations applicable to the hazards present in the workplace, is central to protecting Employees and others who may be affected by the establishment's activities.

Done well, health and safety becomes more than a compliance exercise. It becomes part of responsible leadership, supports employee wellbeing and helps create an establishment where Employees can work safely, clients can feel confident, and employers can operate with greater consistency and professionalism.