Reporting Workplace Incidents: Section 24, the 7-Day Rule and Scene Preservation
When a serious incident happens at work, two clocks start at once: the COIDA claim clock and the OHS reporting clock. This guide is about the second one — the duty to report workplace incidents to the Department of Employment & Labour under section 24 of the OHS Act. Which incidents qualify, the 7-day deadline, the scene-preservation rule that catches so many employers out, and how the whole process runs.
- ✔Section 24 covers death, unconsciousness, lost limbs, likely-fatal or disabling injuries, and 14+ days incapacity.
- ✔Report to the Department’s inspector within 7 days on the prescribed form.
- ✔Fatal or serious scenes must be preserved — cleaning up early is itself an offence.
- ✔The OHS report and the COIDA claim are two separate duties with parallel deadlines.
- ✔Record every incident internally too — the register feeds your risk assessment reviews.
Which incidents you must report under section 24
Section 24 lists the incidents that must be reported to the inspector — the serious end of the spectrum. If any of these happens at your workplace, to any person (not only your own employees), the duty is triggered:
- Death of any person.
- Unconsciousness — from any cause connected to the workplace.
- Loss of a limb or part of a limb.
- Injury or illness likely to cause death or permanent disability — the doctor’s prognosis drives this category.
- Incapacity of 14 days or more — the injured person cannot perform their normal duties for two weeks or longer.
- Major dangerous occurrences — collapses, explosions, uncontrolled releases and similar events, even where nobody was hurt.
The categories are broader than they look — ‘likely to cause permanent disability’ catches many injuries that initially seem moderate. Over-reporting is forgiven; under-reporting after a serious outcome is not.
How to report workplace incidents: the 7-day process
Keep proof of every report: date, method, reference, the name of the official. In the months after a serious incident, that paper trail is the difference between an employer who complied and one who merely remembers complying.
Scene preservation: the rule that catches employers out
Where an incident causes death or serious injury, the scene may not be disturbed without an inspector’s permission. The exceptions are narrow and humane: you may act to prevent a further incident, to remove the injured or the dead, and to make the area safe. Beyond that — machinery stays where it stopped, scaffolding stays as it fell, the scene waits for the inspector.
Employers who tidy the scene before the inspector arrives — to reassure staff, to resume work, to remove the grim reminder — commit a separate offence under the Act, however innocent the motive. Cordon the area, brief the staff, and wait.
Practical tips that keep you lawful and functional: photograph everything immediately (photos preserve evidence without disturbing it), isolate the equipment involved rather than the whole workplace where possible, and ask the inspector for early clearance of unaffected areas.
OHS report versus COIDA claim: the two clocks
The same incident usually demands both a section 24 report and a COIDA claim — and confusing them is the classic failure. The OHS report goes to the Department’s inspectorate and is about the incident itself and workplace safety; the COIDA claim goes to the Compensation Fund and is about compensating the injured employee (the claims guide). Different offices, different forms, both within 7 days for injuries.
| OHS section 24 report | COIDA claim | |
|---|---|---|
| Goes to | Dept. of Employment & Labour inspector | Compensation Fund |
| Purpose | Incident investigation and prevention | Compensation for the injured employee |
| Deadline | Within 7 days | Within 7 days (injury report) |
| Form | Prescribed incident report | WCL2 + first medical report |
| Applies when | Serious incidents as listed | Any injury on duty |
Build both into one incident protocol so neither is ever forgotten: treat, secure, report to the inspector, report to the Fund, record, investigate, fix. The wider safety system 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 to the Department?
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 like collapses or explosions — whether or not anyone was hurt.
What is the deadline for reporting a workplace incident?
Within 7 days of the incident, reported to the Department of Employment & Labour's provincial inspector on the prescribed form. The parallel COIDA injury report to the Compensation Fund also runs within 7 days.
Can I clean up after a serious incident?
Not the scene itself. 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, cordon the area, and wait for clearance.
Is the section 24 report the same as the COIDA claim?
No. The section 24 report goes to the Department's inspectorate about the incident and safety; the COIDA claim (WCL2 and medical reports) goes to the Compensation Fund about compensation. One serious incident usually requires both.
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.