The 7-Day Incident Reporting Rule Most Employers Learn Too Late
There is a legal clock that starts the moment something goes seriously wrong at work — and most employers have never heard of it until they have already missed it. The 7-day incident reporting rule in section 24 of the OHS Act is short, strict, and separate from everything else you file. Here it is, complete.
- ✔Serious incidents must be reported to the Department within 7 days.
- ✔Death, unconsciousness, lost limbs, likely-permanent injuries, 14+ days incapacity.
- ✔Preserve the scene of fatal/serious incidents — cleaning up early is an offence.
- ✔The OHS report and the COIDA claim are two separate 7-day duties.
Which incidents trigger the 7-day incident reporting rule
Section 24 lists them: death of any person; unconsciousness; loss of a limb or part of a limb; an injury or illness likely to be fatal or permanently disabling; and incapacity — the person cannot do their normal work for 14 days or more. Major dangerous occurrences (collapses, explosions, uncontrolled releases) are reportable even when nobody was hurt. When in doubt, report: over-reporting is forgiven, under-reporting after a serious outcome is not.
The duty covers incidents to any person at your workplace, not only your employees — a client, a contractor, a delivery driver. Your section 9 duty to non-employees runs alongside (OHS Act duties).
The report, the scene, and the 7 days
Report to the Department of Employment & Labour’s provincial inspector, on the prescribed incident report, within 7 days. Before that, two things happen in hour one: casualties treated and the scene made safe — and for fatal or serious incidents, the scene preserved: no disturbing machinery, scaffolding or the area without an inspector’s permission, except to prevent further harm or remove the injured (the full reporting guide). Photograph everything immediately — photos preserve evidence without touching it.
Keep proof of the report: date, method, reference, the official’s name. In the months that follow a serious incident, that proof is the difference between an employer who complied and one who cannot show that they did.
The parallel duty: OHS report and COIDA claim
The same incident usually demands two reports to two offices, both within 7 days: the OHS section 24 report to the inspector (about the incident and safety), and the COIDA claim to the Compensation Fund (about compensating the injured employee — the claims guide). Employers who file one and assume the other is done meet the failure at the worst moment.
Build both into a single one-page incident protocol: treat, secure, preserve, report to the inspector, report to the Fund, record, investigate, fix — and keep the protocol where the first-aid kit is. The full safety framework is in the OHS pillar guide.
Always confirm current requirements with the official source — rules and deadlines change.
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Frequently asked questions
Which workplace incidents must be reported within 7 days?
Death, unconsciousness, loss of a limb or part of a limb, injuries or illness likely to be fatal or permanently disabling, incapacity of 14 days or more, and major dangerous occurrences — reported to the Department of Employment & Labour inspector.
Can I clean up after a serious incident?
Not the scene. Where someone dies or is seriously injured, the scene may not be disturbed without an inspector's permission — except to prevent further harm or remove casualties. Photograph everything and wait.
Is the OHS incident report the same as the COIDA claim?
No — the OHS report goes to the Department's inspector about the incident; the COIDA claim goes to the Compensation Fund about compensation. One serious incident usually requires both, each within 7 days.
Last reviewed: July 2026 · How we research our guides
EmployerGuide.online provides general information about South African employer obligations — not legal, tax or professional advice for your specific situation. Laws, rates and deadlines change; confirm current requirements with the official sources linked above, or ask Admin Boss. See our disclaimer.