New worker protections: SA amends OHSA amid rising construction fatalities

Following the prevalence of structural collapses resulting in deaths and injuries at construction sites recently, the Department of Employment and Labour says the Occupational Health and Safety Act (OHSA) is being amended and the draft construction regulations are being updated to strengthen consequences for non-compliance.

Teboho Thejane, spokesperson for the Department of Employment and Labour, said: “The OHSA is in the stage of being amended to strengthen, inter alia, consequences for non-compliance. This process is at an advanced stage. The draft construction regulations are being updated. These were published for public comment in March 2025.”

The Occupational Health and Safety Act Amendment Bill strengthens worker protection, enhances the role of health and safety representatives, provides clear reporting mechanisms for health and safety concerns, provides protections against retaliation for employees who exercise their rights under the OHS Act, and expands protections to include psychological health. 

Under the proposed Amendment Bill, employees have the right to refuse or stop work that they reasonably believe poses an imminent danger to their health or safety and report to the supervisor or Health and Safety Representative (HSR) without fear of retaliation — this is to prevent accidents and injuries. 

Recently, there have been multiple incidents, where structures collapsed during construction resulting in injuries and loss of lives. 

On March 29, 2025, two people died in Phoenix, Durban, after the retaining wall collapsed. 

On February 27, a 39-year-old construction worker lost his life after being buried under soil in Ekangala Block F, near the R568 Road in Tshwane. This was after a trench, approximately five metres deep, collapsed during excavation work, trapping four workers underneath.

On January 25, seven workers were injured at a construction site near King Shaka International Airport. It was reported that a scaffolding gave way while construction workers were working on a scaffolding inside a factory. 

On January 7, a three-storey residential building under construction in Lenasia, Johannesburg, collapsed, which resulted in one person being hospitalised. 

On May 6, 2024, a five-storey apartment building under construction in George, Western Cape, resulted in the deaths of 34 people.

This week, a report by the Department of Human Settlements found that the company behind the project cut corners. 

Human Settlements Minister Thembi Simelane said: “In summary, the investigation concluded that the collapse of a building was a result of systematic failures across multiple levels of oversight, non-compliance with regulatory standards, and mismanagement by both NHBRC and the project’s personnel. These failures included irregular status upliftment, late enrolment, inspection lapses, material quality issues, and safety violations. The report points largely to the failures of inspectors and internal controls as far as NHBRC is concerned.”

The National Home Builders Registration Council (NHBRC) has since suspended the officials who have been mentioned in the report.

On May 18, 2024, four construction workers died and one was injured after an embankment collapsed at a construction site in Ballito, Durban. This is just to name a few.

Thejane said regular inspections are conducted to test compliance with the OHSA, and when non-compliance is detected, various notices are issued.

He added that should the non-compliance persist after notices have expired, such employers are referred for prosecution through the National Prosecuting Authority. 

The Department of Employment and Labour led by Minister Nomakhosazana Meth said it was investigating a fatal incident that occurred on March 29, 2025, at a construction site in Phoenix, Durban, where two Mozambican nationals died after a retaining wall collapsed during backfill work.

 “Preliminary findings point to serious safety breaches by the employer. A Prohibition Notice was issued, halting all related work until compliance with the notices issued. The investigation is ongoing in collaboration with the SAPS. More evidence is being gathered to determine further action,” Thejane said.

To monitor and enforce labour laws at construction sites to ensure workers’ safety, the department said it conducts advocacy sessions in the form of seminars, information sessions, workshops, conferences, etc. 

“These sessions are carried out throughout the country to raise awareness with regard to occupational health and safety in workplaces. The department held a workshop on construction from the 14 to the 16th of October 2024. Furthermore, the department also conducted awareness sessions in George and Cape Town with a special focus on the construction sector. These took place in November 2024,” he said.

Thejane added that according to the law, contractors are required to obtain a construction permit from the department and also to notify the department of the construction work before the commencement of thereof. This enables the department to undertake inspections to monitor compliance. 

Furthermore, the department on a monthly basis monitors an area assessment to identify new construction that may not have been reported to it and enforcement done, he said.

“The department continuously works with the Department of Home Affairs when conducting high-impact and joint inspections. These types of inspections take place on a continuous basis. As recently as March 2025, there were joint inspections that were conducted in Limpopo and Mpumalanga, whereby about 17 undocumented workers were arrested. 

“In April 2025, the department will be conducting joint inspections with the Department of Home Affairs in the Eastern Cape through a specialised team called the National Roving Team,” Thejane said.

The department has developed a National Labour Migration Policy which is in the process of being approved by Parliament. This policy is meant to, inter alia, regulate the absorption of foreign nationals in a manner that would not compromise the employment of SA nationals who possess the requisite qualifications, skills, and experience, he said.

Dr Msizi Myeza, chief executive of the Council for the Built Environment (CBE), said structural collapses typically result from a combination of poor practices occurring simultaneously, rather than isolated incidents of poor practice. Preliminary pointers focus the spotlight on competencies and non-compliance with the regulatory framework.

“What is apparent in the sifting of information is that the building regulations do not differentiate between high-risk and low-risk buildings which require different competencies to mitigate risks. To determine the cause of building collapses, the CBE has since embarked on an investigation of the George building collapse with an intent to consider the findings and apply the lessons learned to prevent future incidents,” Myeza said.

The CBE is an overarching body that coordinates six built environment Professional Councils (Architecture, Engineering, Landscape Architecture, Project and Construction Management, Property Valuation, and Quantity Surveying) to instil good conduct within the professions, transforming the professions and advising the South African government on built environment-related issues, in line with CBE Act 43 of 2000.

The NHBRC did not respond to a request for comment sent last week, despite making multiple promises to do so.

The Department of Public Works referred questions to the Department of Employment and Labour.

gcwalisile.khanyile@inl.co.za