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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
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.
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
It is alleged that on or about [DATE], at [LOCATION], you breached the Company's occupational health and safety rules in that you [CONDUCT], thereby endangering yourself and/or others, contrary to the Occupational Health and Safety Act 85 of 1993 and Company policy.
Statutory guidance
Statutory reference
Occupational 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 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.
Category
Misconduct
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.