Health and Safety Inspectors
The Occupational Health and Safety Act is administered by the Chief Directorate of Occupational Health and Safety of the Department of Labour.
In order to ensure the Health and Safety of workers, provincial offices have been established in all the provinces. To this end, Occupational Health and Safety inspectors from these provincial offices carry out inspections and investigations at workplaces.
INSPECTIONS
Inspections are usually planned on the basis of accident statistics, the presence of hazardous substances, such as the use of benzene in laundries, or the use of dangerous machinery in the workplace. Unplanned inspections, on the other hand, usually arise from requests or complaints by workers, employers, or members of the public. These complaints or requests are treated confidentially.
POWERS OF INSPECTORS
If an inspector finds dangerous or adverse conditions at the workplace, he or she may set requirements to the employer in the following ways:
PROHIBITION NOTICES
In the case of threatening danger, an inspector may prohibit a particular action, process, or the use of a machine or equipment, by means of a prohibition notice. No person may disregard the contents of such a notice and compliance must take place with immediate effect.
CONTRAVENTION NOTICE
If a provision of a regulation is contravened, the inspector may serve a contravention notice on the workers or the employer. A contravention of the Act can result in immediate prosecution, but in the case of a contravention of a regulation, the employer may be given the opportunity to correct the contravention within a time limit specified in the notice which is usually 60 days.
IMPROVEMENT NOTICE
Where the Health and Safety measures which the employer has instituted, do not satisfactorily protect the Health and Safety of the workers, the inspector may require the employer to bring about more effective measures. An improvement notice which prescribes the corrective measures is then served on the employer.
OTHER POWERS
To enable the inspector to carry out his or her duties, he or she may enter any workplace or premises where machinery or hazardous substances are being used and question or serve a summons on persons to appear before him or her.
The inspector may request that any documents be submitted to him or her, investigate and make copies of the documents, and demand an explanation about any entries in such documents. The inspector may also inspect any condition or article and take samples of it, and seize any article that may serve as evidence.
PLEASE NOTE
The above mentioned powers of inspectors are not absolute. Any person who disagrees with any decision taken by an inspector, may appeal against that decision by writing to the Chief Inspector, Occupational Health and Safety, Department of Labour, Private Bag X117, Pretoria, 0001.
NEXT
Next we will take a look at the duties and rights of workers with regards to Occupational Health and Safety, as envisioned in the Act.
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