Employment Bulletin – Q1 2023

Zoom in on new mental health provisions in the Occupational Safety and Health Act

The Occupational Safety and Health (Amendment) Act 2022 (the "Amending Act") provides for amendments to the Occupational Safety and Health Act 2005 (the "OSHA"). The Amending Act was gazetted on 03 December 2022 but is not yet in force. It will come into operation on a date to be fixed by proclamation.

Insofar as mental health is concerned, some of the important changes being brought to OSHA include:

• The introduction of a definition of the term "health". In relation to work, the term would mean the absence of any disease or infirmity and include the physical and mental elements affecting health which are directly related to safety and hygiene at work. This new definition confirms that the duty of employers under OSHA extends to ensuring, as far as is reasonably practicable, the mental health of employees at work. (This definition of "health" corresponds with the one provided