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Misconduct · Charge Sheet Template

Breach of Occupational Health & Safety Rules / Failure to Wear PPE Charge Sheet & Hearing Pack

Charge sheet for breaching occupational health and safety rules or refusing to wear PPE, under OHSA 85 of 1993 and the Sept 2025 Code.

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Step 1 · Offence & Statutory Guardrail Intake

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2025 Code Offence Guide & Sanction Rule — Breach of Occupational Health & Safety Rules / Failure to Wear PPE

What must be proven: Prove PPE was issued and the employee was trained; Identify the specific safety rule breached.

First-offence guideline: Safety breaches are treated seriously because of the risk of harm. A written or final written warning is common for a first PPE offence; deliberate or repeated breaches endangering others may justify dismissal. Show that PPE was supplied and training given.

Recommended action mode: Direct Warning Pack — corrective discipline is usually appropriate for a first offence; escalate to a hearing for repeat or serious cases.

Example wording: It is alleged that on or about 15 January 2026, at the workplace, you breached the Company's occupational health and safety rules in that you as will be set out in evidence at the hearing, thereby endangering yourself and/or others, contrary to the Occupational Health and Safety Act 85 of 1993 and Company policy.

Or pick the closest symptom — we configure the charge, alternative and action mode:

No automatic alternative for this offence. Do not add an unsupported allegation.

Prior warnings on file

None recorded.

Understanding this offence: Breach of Occupational Health & Safety Rules / Failure to Wear PPE

Occupational Health and Safety Act 85 of 1993 (ss 13–15 employee duties); LRA 66 of 1995; Code of Good Practice: Dismissal (Sept 2025).

Standard charge formulation

First-offence sanction guideline: Safety breaches are treated seriously because of the risk of harm. A written or final written warning is common for a first PPE offence; deliberate or repeated breaches endangering others may justify dismissal. Show that PPE was supplied and training given.

CCMA procedural fairness checklist

  • Prove PPE was issued and the employee was trained
  • Identify the specific safety rule breached
  • Document the risk created (photos, witness statements)
  • Check whether supervisors enforced the rule consistently
  • Record any prior safety warnings

Guidance only — establish the facts, consider the employee's response, consistency and mitigation. No automatic sanction or guaranteed CCMA outcome.

Standard charge formulation

Statutory guidance

Statutory referenceOccupational Health and Safety Act 85 of 1993 (ss 13–15 employee duties); LRA 66 of 1995; Code of Good Practice: Dismissal (Sept 2025).
First-offence sanction guidelineSafety breaches are treated seriously because of the risk of harm. A written or final written warning is common for a first PPE offence; deliberate or repeated breaches endangering others may justify dismissal. Show that PPE was supplied and training given.
CategoryMisconduct

CCMA procedural fairness checklist

  • Prove PPE was issued and the employee was trained
  • Identify the specific safety rule breached
  • Document the risk created (photos, witness statements)
  • Check whether supervisors enforced the rule consistently
  • Record any prior safety warnings

Frequently asked questions

Must I supply PPE before disciplining for not wearing it?
Yes. You must show the PPE was provided, the employee was trained, and the rule was enforced before a sanction will stand.
Is refusing PPE dismissible?
Deliberate, repeated refusal that endangers others can justify dismissal, usually after a final written warning.