Working at Heights Regulations in South Africa
Date: August 17, 2026
Category: Health and Safety, Legal
TLDR
Working at heights in South Africa is governed by the Occupational Health and Safety Act 85 of 1993 and the Construction Regulations 2014. Employers must compile a Fall Protection Plan, appoint a competent person to supervise elevated work, and ensure all workers hold valid working at heights qualifications. Non-compliance carries criminal penalties, site shutdowns, and personal liability. Pro Rise Scaffolding, based in Johannesburg, ensures all site personnel hold valid working at heights qualifications as required by the OHS Act.
Table of Contents
- What "Working at Heights" Means Under South African Law
- The Primary Legislation: OHS Act and Construction Regulations 2014
- What a Working at Heights (Fall Protection) Plan Must Include
- Training and Certification Requirements
- How Scaffolding Intersects With Working at Heights Legislation
- The Consequences of Non-Compliance
- How Pro Rise Scaffolding Maintains Compliance
- FAQ: Working at Heights Regulations South Africa
What "Working at Heights" Means Under South African Law
Working at heights refers to any work activity where a person is exposed to the risk of falling from an elevated position and where that fall could cause personal injury. In South Africa, this definition applies regardless of the height involved, a person working on a raised platform just one metre off the ground is subject to the same legal protections as one working at 20 metres on a refinery structure.
Under the Occupational Health and Safety Act 85 of 1993 (OHS Act) and its supporting regulations, "work in an elevated position" is specifically addressed in General Safety Regulation 6, which states that no employer shall require or permit any person to work in an elevated position unless that work is performed safely from a ladder, scaffolding, or a position where the person has been made as safe as if they were on the ground. The Construction Regulations 2014, promulgated under the OHS Act, expand on this with specific obligations around fall prevention and fall protection planning on construction and maintenance sites.
Falls from height remain one of the leading causes of fatal workplace accidents in South Africa. According to the Federated Employers' Mutual Assurance Company (FEM), falls from different levels account for 10.2% of all workplace accidents recorded in 2024. In industrial environments, where workers access elevated plant equipment, reactor vessels, storage tanks, and conveyor structures, the risk profile is even higher.
The Primary Legislation: OHS Act and Construction Regulations 2014
Occupational Health and Safety Act 85 of 1993
The OHS Act is the cornerstone of workplace safety law in South Africa. Section 8 places a duty on every employer to provide and maintain a working environment that is safe and without risk to the health of employees. This duty extends to the design, erection, and use of elevated work platforms and scaffolding.
Section 9 extends the employer's duty of care to persons other than employees who may be affected by activities on site, including subcontractors, members of the public, and visitors. On multi-contractor industrial sites, this provision has significant implications: the principal employer bears legal responsibility for the conduct of every contractor working under them.
General Safety Regulation 6 is the specific provision that addresses elevated work. It requires:
- That no person works in an elevated position unless the means of access and the working platform comply with prescribed safety requirements.
- That all equipment used for working at height is inspected before use and maintained in safe working condition.
- That personal protective equipment, including harnesses and lanyards, is provided and worn where fall arrest is the primary control measure.
Construction Regulations 2014
The Construction Regulations 2014, published under the OHS Act, apply to all construction work in South Africa, a category that includes the erection, dismantling, and modification of scaffolding at industrial facilities.
Regulation 10 (Fall Protection) is the key provision for working at heights. It requires every contractor whose employees may be exposed to a fall hazard to:
- Conduct a risk assessment of all potential fall hazards on site.
- Compile a written Fall Protection Plan before work at height commences.
- Appoint a competent person to implement, monitor, and review the Fall Protection Plan.
- Ensure that fall protection measures are implemented and maintained at all times.
The regulations also govern the design, erection, and use of scaffolding. Regulation 17 specifically addresses scaffolding and requires that scaffolding be erected, altered, and dismantled only under the direct supervision of a competent person, and that all completed scaffolding structures be inspected and signed off before use.
What a Working at Heights (Fall Protection) Plan Must Include
A Fall Protection Plan is a legally mandated document under Regulation 10 of the Construction Regulations 2014. It is not a generic template, it must be site-specific and task-specific, compiled by a competent person with appropriate knowledge of the hazards present.
A compliant Fall Protection Plan must contain:
1. Identification of fall hazards
A systematic identification of all locations and tasks where a fall risk exists, including open edges, elevated platforms, floor openings, scaffolding access points, and temporary works.
2. Risk assessment
A quantified assessment of each fall hazard, taking into account the height, the frequency of exposure, the number of workers affected, and the potential severity of injury.
3. Control measures (hierarchy of controls)
The hierarchy of controls applies directly to fall prevention. The preference is:
- Elimination (can the task be performed without working at height?).
- Prevention (barriers, guardrails, edge protection, enclosed scaffolding platforms).
- Fall arrest (full-body harnesses, lanyards, anchor points, lifelines), only where prevention is not reasonably practicable.
4. Rescue plan
A detailed procedure for rescuing a worker who is suspended in a harness or trapped at height. Suspension trauma can become life-threatening within minutes, a viable rescue procedure is a non-negotiable element of the plan.
5. Training records
Evidence that all workers who perform elevated tasks hold valid and current working at heights qualifications. This includes certificates, unit standards achieved, and the dates training was completed.
6. Equipment inspection records
Pre-use and periodic inspection records for all fall protection equipment and scaffolding structures.
7. Review provisions
The plan must state how and when it will be reviewed, typically after any incident, change in scope, or at intervals defined by the risk level.
The plan must be kept on site at all times and made available to inspectors from the Department of Employment and Labour upon request.
Training and Certification Requirements
South African law does not specify a single mandatory certificate for all workers who perform tasks at height, but it does require that anyone who works at height, or supervises others doing so, is a "competent person" as defined under the OHS Act. A competent person is someone who holds the required knowledge, training, experience, and qualifications for the specific work or task.
In practice, the South African training and certification landscape for working at heights is structured around SAQA-accredited unit standards:
Workers:
SAQA Unit Standard 229998 (NQF Level 1), Perform Fall Arrest Techniques, is the most widely recognised entry-level working at heights certificate for workers. It covers harness fitting, anchor point selection, fall clearance calculations, and emergency rescue response. Training providers accredited by TETA (Transport Education and Training Authority) or QCTO (Quality Council for Trades and Occupations) deliver this qualification, typically as a one-day practical course.
Scaffold erectors and supervisors:
The Institute for Work at Height (IWH) Professional Body licenses practitioners across five scaffolding competency levels:
- Scaffold Hand
- Scaffold Fixer
- Scaffold Erector (Height Safety Level 1)
- Scaffold Inspector
- Scaffold Supervisor
Each level carries specific unit standards. For supervisors, relevant unit standards include 120344, 120330, 120335, 120337, 259601, and 119080, covering legal liability, hazard identification and risk assessment (HIRA), incident investigation, and the supervision of construction teams.
Competent persons:
Anyone appointed to compile a Fall Protection Plan or supervise scaffold erection must demonstrate formal qualifications, verifiable experience in working at heights, and an understanding of the applicable legislation. Verbal familiarity with safety procedures does not meet the legal threshold.
All working at heights certificates carry expiry dates and must be renewed at the intervals prescribed by the accrediting body. Expired certificates do not constitute compliance.
How Scaffolding Intersects With Working at Heights Legislation
Scaffolding is the primary access and work platform solution for working at heights in industrial environments. This means scaffolding contractors operate at the intersection of two distinct but overlapping regulatory frameworks: the Construction Regulations 2014 (which govern scaffolding erection and inspection) and the general working at heights provisions of the OHS Act.
Under Regulation 17 of the Construction Regulations 2014, no scaffolding structure may be erected, altered, added to, or dismantled except under the direct supervision of a competent person. Before any worker uses a completed scaffold, the structure must be inspected and a compliance certificate issued by the appointed competent person. The SANS 10085 standard (The Erection and Use of Tube-and-Coupler Scaffolding and Prefabricated Scaffolding) provides the technical specification to which all scaffolding in South Africa must conform.
The practical implication for site and plant managers is this: every scaffolding contractor you appoint must be able to demonstrate that their supervisors and erectors hold valid, current qualifications under the relevant unit standards. A scaffolding structure erected by unqualified personnel is not only dangerous, it creates direct legal liability for both the contractor and the principal employer who appointed them.
For industrial facilities conducting planned shutdown maintenance, this compliance burden is compounded by the number of scaffolding structures erected simultaneously across a site. Pro Rise Scaffolding's health and safety management approach is built around ensuring that every structure meets the requirements of both SANS 10085 and the Construction Regulations before any worker accesses the platform.
The Consequences of Non-Compliance
Non-compliance with working at heights regulations in South Africa carries serious legal, financial, and operational consequences.
Criminal penalties under the OHS Act
Section 38 of the OHS Act sets out the penalties for non-compliance. Any person who contravenes or fails to comply with Section 8 (general duty of the employer) or Section 9 (duty to persons other than employees) is guilty of an offence and liable on conviction to a fine or imprisonment not exceeding twelve months, or both. For more serious or repeat offences, penalties can extend to two years imprisonment.
It is important to note that under Section 37 of the OHS Act, an employer can be held liable for the acts and omissions of contractors and employees acting within the scope of their work. Directors and senior managers can face personal criminal liability where it can be shown they had knowledge of a non-compliance and failed to act.
Site shutdown
Department of Employment and Labour inspectors have the authority to issue a prohibition notice and close a construction or industrial site immediately if working at heights activities are being conducted without a valid Fall Protection Plan, without competent supervision, or with inadequate fall protection measures in place. A site shutdown on an industrial maintenance or refinery shutdown project can cost a facility hundreds of thousands, or millions, of rands per day in lost production.
Civil liability and insurance consequences
If a worker sustains injury or death as a result of a fall, the employer and contractor face civil claims under the Compensation for Occupational Injuries and Diseases Act (COIDA), as well as common-law negligence claims where gross negligence is established. Many industrial insurers will decline or limit cover where OHS non-compliance is a contributing factor in a claim.
Reputational and procurement consequences
In South Africa's major industrial procurement environments, refineries, chemical plants, coal handling facilities, the safety file review is a standard part of contractor pre-qualification. Contractors who cannot demonstrate compliance with working at heights regulations are disqualified before they reach the pricing stage.
How Pro Rise Scaffolding Maintains Compliance
Pro Rise Scaffolding, based in Johannesburg, South Africa, ensures all site personnel hold valid working at heights qualifications as required by the OHS Act. This is not a minimum compliance posture, it is a core operational requirement that applies to every erector, fixer, and supervisor deployed on every project.
Every Pro Rise team member working on an elevated structure holds current SAQA-accredited working at heights certification and relevant IWH unit standards for their role. Scaffold supervisors carry formal competency recognition for plan compilation and structure sign-off. Before any scaffold structure is handed over for use, a qualified competent person inspects the structure and issues a compliance certificate in terms of Regulation 17 of the Construction Regulations 2014.
Pro Rise maintains a comprehensive safety file for every project, including the site-specific Fall Protection Plan, worker training registers, equipment inspection records, and method statements for erection and dismantling. This documentation is available for principal employer review, client audit, and DoEL inspection at any time.
For plant managers and procurement officers at industrial facilities, appointing a scaffolding contractor with this compliance infrastructure removes a significant liability exposure, and provides the documented evidence chain required in the event of any incident investigation.
Learn more about Pro Rise's approach to scaffolding safety compliance on the scaffolding safety page and health and safety page.
FAQ: Working at Heights Regulations South Africa
What is the legal definition of "working at heights" in South Africa?
South African law does not prescribe a specific minimum height threshold. Working at heights applies to any work where there is a risk of falling and where that fall could cause personal injury. General Safety Regulation 6 under the OHS Act addresses work in elevated positions, and the Construction Regulations 2014 extend these requirements to construction and maintenance sites.
Is a Fall Protection Plan legally required in South Africa?
Yes. Regulation 10 of the Construction Regulations 2014 requires every contractor whose employees may be exposed to a fall hazard to compile a Fall Protection Plan before work at height commences. The plan must be site-specific, compiled by a competent person, and kept on site at all times.
What qualifications do scaffolding supervisors need in South Africa?
Scaffolding supervisors must be "competent persons" under the OHS Act, holding the relevant knowledge, training, and experience for the work. The IWH Professional Body provides formal licensing for scaffold supervisors (and other levels: scaffold hand, fixer, erector, inspector). Relevant unit standards include 120344, 120330, 120335, 120337, 259601, and 119080. SAQA Unit Standard 229998 (NQF Level 1) is the minimum requirement for workers performing fall arrest techniques.
What happens if an employer does not comply with working at heights regulations?
Under Section 38 of the OHS Act, non-compliance is a criminal offence. Penalties include fines and imprisonment of up to twelve months (or up to two years for more serious offences). Department of Employment and Labour inspectors can also issue prohibition notices and shut down a site immediately. Employers also face civil liability for injuries or fatalities arising from non-compliance.
Does the OHS Act apply to scaffolding contractors working on industrial sites?
Yes. The OHS Act applies to all employers and all workplaces in South Africa, including industrial facilities, refineries, and chemical plants. Regulation 17 of the Construction Regulations 2014 specifically governs the erection, alteration, and dismantling of scaffolding. The principal employer (the facility owner or client) also bears legal responsibility for ensuring that contractors they appoint comply with the OHS Act.
What is SANS 10085 and does it apply to industrial scaffolding?
SANS 10085 is the South African National Standard for the erection and use of tube-and-coupler scaffolding and prefabricated scaffolding. It provides the technical specification to which all scaffolding structures in South Africa must conform. It applies to industrial scaffolding on plant maintenance and shutdown projects. You can read a detailed guide on the SANS 10085 scaffolding regulations page.
How often do working at heights certificates need to be renewed?
Renewal intervals vary by unit standard and accrediting body. In practice, most working at heights certificates (including SAQA 229998) are valid for two to three years before a refresher assessment is required. Employers are responsible for maintaining current training registers and ensuring no worker operates with an expired certificate.
Get Working at Heights Compliance Right From the Start
For plant managers, HSE managers, and procurement officers, choosing a scaffolding contractor is a compliance decision, not just a price decision. The scaffolding contractor you appoint becomes part of your OHS Act liability chain, and their training records, safety files, and competent person appointments reflect directly on your facility's compliance standing.
Contact Pro Rise Scaffolding for a quote and receive a scaffolding service backed by full OHS Act compliance, SAQA-accredited working at heights qualifications for all site personnel, and site-specific Fall Protection Plans as standard.
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