OHS Act Section 10: Why Safe Equipment, Machinery and Chemicals Start Before They Reach Your Workplace
When an employee is injured by a faulty ladder, defective power tool, malfunctioning machine, or hazardous chemical, many people immediately assume the employer is solely responsible. While employers do carry significant responsibilities under the Occupational Health and Safety Act, the law also recognises that workplace safety begins long before equipment or substances arrive on site.
Section 10 of the Occupational Health and Safety Act, 1993 (Act 85 of 1993) places legal duties on the people and organisations that design, manufacture, import, sell, supply, erect, or install articles and substances intended for use at work.
In simple terms, if you place equipment, machinery, chemicals, or other work-related products into the workplace, you have a legal responsibility to ensure they are safe when used correctly.
This section is one of the most overlooked provisions of the OHS Act, yet it forms a critical link in preventing workplace injuries and occupational illnesses.
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What Does Section 10 of the OHS Act Say? Section 10 recognises that workplace safety is a shared responsibility. Rather than placing every obligation on the employer, the Act extends responsibility to manufacturers, suppliers, importers, designers, installers, and distributors who introduce articles and substances into the workplace. The section requires these parties to ensure, as far as is reasonably practicable, that their products are safe, comply with prescribed legal requirements, and do not present a risk to health when used properly. It also requires that sufficient information is provided to users regarding the safe use of those products. This means safety begins at the design table—not only on the construction site or factory floor. What Is an "Article" Under Section 10? The word article is broader than many people realise. It includes almost anything supplied for use at work, including:
Whether it is a simple extension lead or a complex crane, the principle remains the same: if it is intended for use at work, it should be safe when properly used. Safety Starts With Good Design Section 10(1) places the first responsibility on the person who designs or manufactures an article. Good design should eliminate hazards wherever reasonably practicable before the product reaches the workplace. For example, a machine should incorporate suitable guarding to prevent access to moving parts. A ladder should be designed to provide stability under normal operating conditions. Electrical equipment should include appropriate insulation and protection against electric shock. Safety should never rely solely on the end user making adjustments after purchase. Designing safety into a product is always more effective than trying to manage hazards later through procedures or personal protective equipment. Installation Is Just As Important Even perfectly designed equipment can become dangerous if it is installed incorrectly. Section 10(2) requires any person who erects or installs an article to ensure that the manner in which it is installed does not create additional health or safety risks. Consider a few practical examples. A scaffold may fully comply with manufacturing standards, but if it is erected incorrectly or inadequately tied to a structure, it becomes unstable. An electrical distribution board may be manufactured correctly, but incorrect installation could expose workers to live conductors or increase the risk of fire. Similarly, lifting equipment installed without proper anchoring or load verification may fail under normal operating conditions. The law recognises that safe products can become unsafe through poor workmanship. What About Chemicals and Hazardous Substances? Section 10(3) deals specifically with substances supplied for use at work. This includes products such as:
Suppliers and manufacturers must ensure that these substances are safe when properly used and, just as importantly, that users receive sufficient information to use them safely. This information should include:
Today, this information is typically provided through a Safety Data Sheet (SDS), which has become an essential component of hazardous chemical management in the workplace. An SDS is far more than a technical document—it is a critical safety tool that enables employers to conduct risk assessments, train employees, implement appropriate controls, and respond effectively during emergencies. Why Information Is Just as Important as the Product Imagine receiving a drum containing a hazardous solvent with no label and no instructions. How would employees know:
Without adequate information, even a properly manufactured product can become a significant workplace hazard. Section 10 therefore recognises that providing safety information is just as important as providing a safe product. Knowledge protects people. Does Section 10 Remove the Employer's Responsibilities? No. One of the biggest misconceptions is that because suppliers must provide safe products, employers are relieved of their own duties. This is not the case. The employer still has obligations under Section 8 of the Occupational Health and Safety Act to:
Section 10 complements these duties by ensuring that suppliers also contribute to workplace safety. Health and safety is built on shared responsibility. Can Responsibility Be Transferred? Section 10(4) allows certain responsibilities to be transferred where the recipient provides a written undertaking confirming that they will implement specific measures to ensure compliance and safe use. However, this is not a blanket exemption. The transfer of responsibility must be reasonable, properly documented, and appropriate to the circumstances. Organisations should never assume that simply supplying equipment automatically removes all legal responsibility. Common Compliance Failures During workplace inspections and audits, several recurring issues relating to Section 10 are frequently identified. These include:
Each of these failures increases the likelihood of incidents and may expose both employers and suppliers to regulatory action. Why Section 10 Matters More Than Ever Modern workplaces rely on increasingly sophisticated machinery, specialised equipment, and complex chemical products. As technology advances, the need for safe design, proper installation, and accurate safety information becomes even more important. Section 10 reminds us that workplace safety begins long before an employee switches on a machine or opens a chemical container. It begins with responsible design. Responsible manufacturing. Responsible supply. And responsible installation. When every party fulfils its obligations, workplaces become significantly safer. How Zenith Safety Consultants Can Help At Zenith Safety Consultants (ZSC), we assist organisations with ensuring that equipment, machinery, and hazardous substances are managed in accordance with South African health and safety legislation. Our services include:
We help businesses ensure that the equipment and substances entering their workplace support—not compromise—workplace safety. Final Thoughts Section 10 of the Occupational Health and Safety Act reinforces an important principle: safety is everyone's responsibility. Employers cannot create safe workplaces without safe equipment, properly installed machinery, and accurate information about hazardous substances. Likewise, manufacturers, suppliers, importers, designers, and installers all play a vital role in preventing workplace injuries before work even begins. When every duty holder fulfils their responsibilities, the result is not only legal compliance—but safer workplaces, healthier employees, and stronger businesses. Contact Zenith Safety Consultants to ensure your site documentation and safety practices are practical, compliant and suitable for the work being performed. 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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