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    Legal Register Template South Africa (OHS Act and MHSA)

    A legal register lists every health and safety obligation that applies to a site, who is responsible for it, the evidence that it is met, and when it was last reviewed. ISO 45001 auditors and the Department of Employment and Labour ask for it by name.

    Built once per site, reviewed at least yearly and whenever a regulation, a process or an appointment changes.

    Legal basis checked 26 October 2026

    Two people with laptops reviewing a printed chart

    What is in the template

    Register of obligations

    Columns: Act, regulation and section · Requirement in plain words · Applies to (area or process) · Evidence of compliance · Responsible person · Status (C / NC / N/A) · Next review

    • OHS Act s8(2)(a) and (d) · Provide and maintain safe plant, machinery and systems of work; establish the hazards of the work and the precautions needed
    • OHS Act s13(a) · Make every employee conversant with the hazards of their work and the precautions to take
    • OHS Act s16(2) · Chief executive officer assigns duties in writing to other persons
    • OHS Act s17 · Designate health and safety representatives in writing where there are more than 20 employees
    • OHS Act s19 · Establish a health and safety committee where two or more representatives are designated
    • Construction Regulations, 2014, reg 9 · Risk assessment by a competent person before construction work starts
    • Driven Machinery Regulations, 2015, reg 18(5) to (7) · Lifting machines, forklifts included, tested by a lifting machinery inspector at least every 12 months; ropes, chains, hooks and brakes examined every 6 months; register kept on site
    • Electrical Machinery Regulations, 2011, reg 6 · Switchgear and transformer rooms: clear working space, ventilation, lighting, outward-opening doors, fire extinguishers, entry by authorised persons only
    • Pressure Equipment Regulations, 2009, regs 11 and 14 · Pressure vessels inspected by an approved inspection authority at intervals of no more than 36 months; piping to its in-service standard; a record of every inspection kept
    • MHSA s10 · Train every employee on the hazards and risks of their work and the controls; keep a record of formal training
    • MHSA s11(1) to (4) · Identify hazards, assess and record the significant risks, control them in the prescribed order and review them periodically
    • MHSA s11(5) · Investigate every reportable accident, serious illness and health-threatening occurrence, starting within 10 days
    • MHSA regulations, reg 8.10.24 · Trackless mobile machine operators complete a pre-use check at the start of each shift

    One row per obligation. The first rows are common starting points for a South African plant, construction site or mine: delete those that do not apply and add your own. Status is C (complies), NC (does not comply: raise a corrective action) or N/A (does not apply, say why in the evidence column).

    Appointments the register depends on

    Columns: Appointment · Name · Act or regulation · Date appointed · Expiry or review · 8 rows per page

    Legal appointments under the OHS Act and its regulations (for example section 16(2) assignees and health and safety representatives under section 17) or under the MHSA (managers under section 3 and the appointments its regulations require).

    Review record

    • Date of this review
    • Reviewed by
    • Changes since the last review
    • Next review due
    • Signature

    How to fill it in

    1. 1List the Acts and regulations that apply to the site: the OHS Act and its regulations for a plant, the MHSA and its regulations for a mine, plus the environmental and municipal requirements your SHE policy covers.
    2. 2Write each requirement in plain words, one row per obligation, and name the area or process it applies to.
    3. 3Record the evidence: the appointment letter, the inspection record, the certificate, the procedure. If there is none, the status is NC.
    4. 4Assign one responsible person per row. A row with no name is a gap.
    5. 5Raise a corrective action for every NC and record the review date.

    A general template, not legal advice. Check it against the Act, the regulations and the codes of practice that apply to your site, and against your own safety management system. Under the OHS Act, section 8 places the general duties on the employer and section 16(2) lets the chief executive officer assign them in writing. Under the MHSA, section 2 places them on the employer of the mine, and section 3 requires the employer to appoint managers for its day-to-day management and operation. ISO 45001 clause 6.1.3 requires legal and other requirements to be determined, kept up to date and communicated. The starter rows summarise each provision in plain words; read the provision itself before you rely on a row.

    Legal basis checked on against: Occupational Health and Safety Act, 85 of 1993, sections 8(2), 13, 16, 17 and 19; Construction Regulations, 2014 (GN R84 of 7 February 2014), regulation 9(1); Driven Machinery Regulations, 2015 (GN R540 of 2015), regulation 18; Electrical Machinery Regulations, 2011 (GN R250 of 25 March 2011), regulation 6; Pressure Equipment Regulations, 2009 (GN R734 of 15 July 2009), regulations 11 and 14; Mine Health and Safety Act, 29 of 1996, sections 2, 3, 10 and 11; Mine Health and Safety Act regulations, regulation 8.10.24.

    Convert this template into a digital form

    Run it on an Android phone with no signal, attach photos as evidence, and every failed item raises an issue with an owner and a due date.

    Questions

    What goes in a legal register?

    Every Act, regulation and code of practice that applies to the site, each requirement in plain words, the evidence that it is met, the person responsible, whether the site complies, and when the row was last reviewed. Appointments and permits that the obligations depend on are listed with it.

    Is a legal register required by law in South Africa?

    No section of the OHS Act or the MHSA names a "legal register". The duty is to know and meet the obligations that apply, and ISO 45001 clause 6.1.3 requires them to be determined and kept current. The register is how a site proves both.

    How often should the legal register be reviewed?

    At least once a year, and whenever a regulation changes, a new process or substance is introduced, or an appointee leaves. Record each review on the register itself so an auditor can see the history.