OHS Act Section 15: Duty Not to Interfere with, Damage or Misuse Safety Equipment
"It's only a guard... I'll put it back later."
"The fire extinguisher keeps getting in the way."
"I removed the warning sign because it looked untidy."
Every serious workplace accident starts somewhere, and surprisingly, many begin with someone interfering with equipment that was specifically installed to keep people safe.
Machine guards are removed to make work quicker. Fire extinguishers are used as doorstops. Lock-out devices are bypassed to save time. Emergency exits are blocked with stock. Safety signs disappear because they are considered unnecessary.
These actions might seem harmless at the time, but they remove the very controls designed to prevent injuries, illnesses and fatalities.
That is exactly why Section 15 of the Occupational Health and Safety Act (Act 85 of 1993) exists. It places a legal duty on every person—not just employers—not to intentionally or recklessly interfere with, damage or misuse anything provided in the interest of health and safety.
Unlike many sections of the Act that focus primarily on employers, Section 15 applies to everyone in the workplace.
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The Legal Requirement Section 15 states: "No person shall intentionally or recklessly interfere with, damage or misuse anything which is provided in the interest of health or safety." This means that every employee, contractor, supervisor, visitor and manager has a legal obligation to leave safety equipment exactly as intended unless authorised to use it correctly. Why Section 15 Exists Workplaces contain hundreds of safety controls. Most people rarely notice them because they are simply part of the workplace. Examples include:
Every one of these controls exists because someone has already identified a hazard. Removing or damaging one of these controls often means exposing everyone else to that hazard. Section 15 exists to protect these safeguards. What Does "Interfere With" Mean? Interfering means altering, removing, bypassing or preventing a safety measure from performing its intended function. Examples include:
Even temporary interference can place lives at risk. What Does "Damage" Mean? Damage includes any action that reduces the effectiveness of safety equipment. Examples include:
If equipment cannot perform its intended safety function when needed, it has been compromised. What Does "Misuse" Mean? Misuse occurs when safety equipment is used for purposes other than those for which it was designed. Common workplace examples include:
Although these actions may appear harmless, they often leave the equipment damaged or unavailable during an emergency. Common Examples Across Different Industries Construction Construction sites rely heavily on physical safety controls. Examples include:
One missing guardrail can lead to a fatal fall. Construction Regulations also require contractors to maintain fall prevention systems, scaffolding, barricading and other protective measures throughout the project. Manufacturing Manufacturing environments often contain dangerous moving machinery. Examples include:
The General Machinery Regulations require dangerous machinery to be properly safeguarded and prohibit the unauthorised removal of safety equipment. Electrical Work Electrical installations rely on protective systems to prevent electrocution. Examples include:
Electrical Installation Regulations and Electrical Machinery Regulations require electrical protection systems to remain effective and prohibit unsafe interference with electrical equipment. Offices Even office environments contain important safety controls. Examples include:
Simple housekeeping failures can prevent safe evacuation during an emergency. Is It Only Employees Who Must Comply? No. Section 15 says "No person." This includes:
Every individual has a legal duty not to compromise workplace safety. Practical Ways to Comply with Section 15 Good organisations create a culture where safety equipment is respected. Practical measures include:
The goal is simple: If safety equipment is installed, it must remain available, functional and ready for use. Consequences of Ignoring Section 15 Ignoring this section can have serious consequences. These include:
Often, investigators discover that the accident could have been prevented had the original safety equipment not been removed or misused. Related Legislation Section 15 works alongside many other legal duties, including:
Key Takeaway Safety equipment is installed because someone identified a risk. Removing a guard, blocking an exit, disabling an alarm or misusing emergency equipment may save a few seconds today—but it could cost someone their life tomorrow. Section 15 reminds us that workplace safety is everyone's responsibility. Protect the controls that protect people. How Zenith Safety Consultants Can Help At Zenith Safety Consultants, we help organisations create workplaces where safety controls are respected, maintained and effectively managed. Our services include:
Whether you operate in construction, manufacturing, engineering, facilities management or commercial property, we can help ensure your workplace complies with the Occupational Health and Safety Act and promotes a strong safety culture. Protect your people by protecting the systems designed to keep them safe. For more information on how Zenith Safety Consultants can help your business, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. or call 021 010 0209. |
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