This installment of our newsletter focuses on the display of compulsory wall charts (legal posters) in the workplace.

We increasingly receive inquiries from employers that were approached by persons attempting to sell legal posters (wall charts) to them. Some of these persons pretend to be representatives from the Department of Employment and Labour to sell their products.

There are various legislative wall charts available in South Africa. These include wall charts of the Basic Conditions of Employment Act, Employment Equity Act, Occupational Health and Safety Act, Labour Relations Act, Skills Development Act, Tobacco Products Control Act, Compensation for Occupational Injuries and Diseases Act, the POPI Act, etc.

A wall chart is a summary of legislation and should be displayed where it can be seen and read by all employees to raise awareness of the legislation. By law, employers are obligated to display certain wall charts at the workplace. Although it is good practice to display all of the abovementioned posters, it might become a costly exercise.

According to law, businesses are obligated to display two wall charts. The two compulsory wall charts that must be displayed are the Basic Conditions of Employment Act (Act 75 of 1997), as amended, and the Employment Equity Act (Act 55 of 1998), as amended.

It is important to have a closer look at the prescriptions relating to the two compulsory wall charts, other prescribed health and safety notices as well as a copy of the Occupational Health and Safety Act.

Compulsory wall charts:

a) Summary of the Basic Conditions of Employment Act (BCEA): 

Section 30 of the BCEA, as amended, requires all employers to display the employee’s rights at the workplace. It must be in the prescribed form and displayed in the official language(s) spoken by employees at the workplace.

b) Summary of the Employment Equity Act (EEA): 

Section 25(1) of the EEA, as amended, requires employers to display a summary of the Act. “An employer must display at the workplace, where it can be read by employees, a notice in the prescribed form, informing them about the provisions of this Act.”

Prescribed health and safety notices:

According to the prescriptions of the General Machinery Regulations (GMR) of the Occupational Health and Safety Act (Act 85 of 1993) (OHSA), as amended, employers with boilers as well as employers with machinery other than boilers on their premises must display certain notices.

a) Employers with boilers on their premises: Regulation 9(2) of the GMR requires employers with boilers on the premises to display a copy of Schedule C. This Schedule must be in a legible form in a conspicuous place on the premises.

b) Employers with machinery other than boilers on their premises: Schedule D of the GMR requires employers with machinery other than a boiler to display a copy of Schedule D. This Schedule must be in a legible form and displayed in a conspicuous place.

Free download - Website link to the General Machinery Regulations (Schedule C and D): https://www.labourguide.co.za/healthsafety/788-general-machinery-regulations-1988

A copy of the Occupational Health and Safety Act (OHSA): 

According to the General Administrative Regulation 5 of the OHSA, as amended, employers with five or more persons in their employment must have a copy of the OHSA readily available at the workplace. Even where the total number of employees is less than five, the employer must, on request of an employee, make a copy of the Act available to that employee. This particular prescription does not refer to a wall chart (a summary), but a complete version of the Occupational Health and Safety Act (including the 22 OHS Regulations)

Free download - Website link to the updated OHSA and 22 Regulations: https://www.labourguide.co.za/health-and-safety/848-health-and-safety-downloads

The abovementioned wall charts and notices do not need to be replaced every year. They only need to be replaced when the government makes significant changes to these specific acts.

The two compulsory wall charts (BCEA and EEA) can be purchased from Pretoria Government Printing Works at marginal rates.

Contact details for the Government Printing Works (GPW) in Pretoria: 

Publications Enquiries: Maureen Toka

Telephone number: 082 859 4910

E-mail: MaureenToka@gpw.gov.za

Employers that do not comply with the abovementioned prescriptions may receive notices or penalties from the Department of Employment and Labour.

For training or consultations, contact Tinus Boshoff at tinus@labourguide.co.za.