Abstract

Rising temperatures caused by climate change increase the risk of heat stress for employees. In South Africa, heat exposure is expected to be the most common climate impact on occupational health and safety (OHS), and it requires an urgent and targeted legislative response. While the Climate Change Act 22 of 2024 promotes a coordinated and cooperative legal response to climate adaptation, its interaction with labour legislation in advancing adaptation objectives remains to be seen, as the Act is yet to be fully implemented. This article highlights that existing labour legislation offers insufficient protection against climate-related heat stress risks in the workplace, and that the fragmented legislative framework hampers climate adaptation. This is illustrated through a discussion of the legislative regulation of heat stress risks by the Occupational Health and Safety Act 85 of 1993 and the Physical Agents Regulations, which were introduced in 2025. OHS measures interact with minimum employment conditions under the Basic Conditions of Employment Act 75 of 1997, and regulatory examples from Spain offer guidance for reform in the context of extreme heat. The article also suggests that collective bargaining under the Labour Relations Act 66 of 1995 offers a valuable supplementary response to protect the heat health of employees. Drawing on OHS guidance by the International Labour Organization and the experience of Australia, the article argues that climate-responsive regulations under OHS legislation are required to respond to climate impacts. Such regulations would better integrate the above labour legislation with climate adaptation measures that protect employees against increasing heat stress risks.