1. The Foundational Role of the General Administrative Regulations (GAR)
While the main body of the Occupational Health and Safety Act (Act 85 of 1993) sets out primary legal duties, the General Administrative Regulations (GAR 2003 - GN R.929) provide the day-to-day procedural rules that govern how health and safety is administered inside every South African business.
GAR bridges high-level statutory principles and practical workplace reality: dictating exactly how worker safety representatives are elected; how safety committee meetings must be structured; the exact forms required for incident investigations; and how disputes with Department of Labour inspectors must be processed.
Failing to maintain compliant GAR registers is the single most common reason employers receive Department of Labour Section 31 Contravention Notices during routine audits.
GAR Statutory Governance Benchmarks
2. SHE Representative Election, Rights & Training (GAR 6 & 7)
Under Section 17 of the Act and GAR Regulation 6, an employer cannot simply hand-pick management favorites as Health and Safety Representatives.
Safety representatives must be nominated and elected by their fellow employees through a formal consultation process. Furthermore, under GAR Regulation 7, appointed SHE Reps hold powerful statutory rights: the right to inspect their designated workplace at reasonable intervals; the right to accompany Department of Labour inspectors during audits; the right to participate in formal internal incident investigations; and the right to attend accredited training during ordinary working hours without loss of pay.
Core Clauses of the General Administrative Regulations (2003)
| GAR Clause & Title | Statutory Subject Matter | Mandatory Employer Obligation | Key Compliance Output |
|---|---|---|---|
| GAR 4: Copy of the Act | Workplace copy of OHS Act | Must provide a physical/digital copy of OHS Act and Regulations if employing >5 staff. | Display copy of Act accessible to all employees. |
| GAR 5: Health & Safety Committees | Committee meeting rules | Hold committee meetings at least once every 3 months; keep formal written minutes. | Signed quarterly SHE Committee Minutes. |
| GAR 6 & 7: SHE Representatives | Negotiations & Designation | Facilitate worker elections; issue formal written appointment letters; provide training. | Valid Section 17 Appointment Letters + Certificates. |
| GAR 8: Incident Reporting (Sec 24) | DoEL Incident Notifications | Report Section 24 incidents (fatalities, lost limbs, unconsciousness) immediately. | Official WCL 1 / WCL 2 submission to DEL. |
| GAR 9: Recording of Incidents | Internal Incident Register | Investigate all incidents causing >14 days lost time; record on Annexure 1 form. | Completed Annexure 1 Register archived for 3 years. |
3. Health & Safety Committee Governance & Minute Protocols (GAR 5)
Under Section 19 and GAR Regulation 5, where two or more SHE Representatives are appointed, the employer must establish at least one Health and Safety Committee.
The committee must meet at least once every three months (quarterly). The employer must ensure that the number of employer-appointed persons on the committee does not exceed the number of elected employee SHE Representatives.
The committee must review all workplace incident reports, audit corrective action plans (CAPAs), discuss worker safety complaints, and maintain formal written minutes signed by both the Chairperson and the Secretary.
4. Incident Reporting & Annexure 1 Investigation Registers (GAR 8 & 9)
Under GAR Regulation 8 and Section 24 of the OHS Act, if a workplace incident results in: a fatality; permanent disability or loss of limb; unconsciousness; or acute chemical poisoning, the employer must immediately notify the Provincial Director of the Department of Labour by telephone or email, followed by a formal written report within 7 days.
Under GAR Regulation 9, the employer must investigate every incident that resulted in an employee being unable to perform their normal duties for 14 days or longer, recording the complete root-cause findings in the official Annexure 1 Incident Investigation Register within 30 days.
5. 5-Stage GAR Administrative Governance & Register Maintenance Roadmap
Ensure an updated, complete copy of the OHS Act and regulations is accessible in the main canteen/reception.
Facilitate employee nominations and voting, issuing formal Section 17 appointment letters with designated zones.
Hold formal meetings every 3 months, review incident logs, and archive signed minutes in the master safety file.
Notify the Provincial Director within 24 hours of any major incident and submit written reports within 7 days.
Complete Annexure 1 investigation sheets for all lost-time incidents and retain records for the statutory 3-year period.
6. Employer GAR Administrative Compliance Checklist
- A copy of the OHS Act and relevant secondary regulations is available and accessible on site (GAR 4).
- SHE Representatives are elected by employees and hold valid, signed Section 17 appointment letters (GAR 6/7).
- Health & Safety Committee meets at least quarterly with signed, archived meeting minutes (GAR 5).
- Section 24 reportable incidents are submitted to the Department of Labour Provincial Director (GAR 8).
- Formal Annexure 1 incident investigation registers are completed within 30 days of incidents (GAR 9).
- Investigation records and committee minutes are archived for the statutory minimum of 3 years.
- SHE Representatives have completed accredited SHE Rep Training.