Klass Looch Associates

Employer OHS Champion since 1986 

 

OHS Act Section 29. Functions of inspectors

(1) An inspector may -

(a) without previous notice, at all reasonable times, enter any workplace or premises which are occupied or used by an employee or on or in which an employee performs any work or any plant or machinery is used, or which he believes to be such workplace or premises;

(b) question any person who is or was on or in such premises, either alone or in the presence of any other person on any matter to which this Act relates;

(c) require from any person who has control over or custody of a book, record or other document on or in those premises, to produce to him forthwith, or at such time and place as may be determined by him, such book, record or other document;

(d) examine any such a book, record or other document or make a copy thereof or an extract therefrom;

(e) require from such a person an explanation of any entry in such a book, record or other document;

(f) inspect any article, substance, plant or machinery which is or was on or in those premises, or any work in or on those premises or any condition prevalent on or in those premises, or remove for examination or analysis any article or substance or a part or sample thereof;

(g) seize any such book, record or other document or any article or substance or a part or sample thereof which in his opinion may serve as evidence at the trial of any person charged with an offence under this Act or the common law: Provided that the employer or user of the article, substance, plant or machinery concerned, as the case may be, may make copies of such book, record or document before such seizure;

(h) direct any employer, employee or user of plant or machinery (including any former employer, employee or user of plant or machinery) to appear before him at such time and place as may be determined by him and question such employer, employee or user either alone or in the presence of any other person on any matter to which this Act relates;

(i) perform any such other functions as may be prescribed.

(2)

(a) An interpreter, a member of the South African Police or any other assistant may, when required by an inspector, accompany him when he performs his functions under this Act.

(b) For the purposes of this Act an inspector's assistant shall, while he acts under the instructions of an inspector, be deemed to be an inspector.

(3) When an inspector enters any premises under subsection (1) the employer occupying or using those premises and each employee performing any work thereon or therein and any user using plant or machinery thereon or therein, shall at all times provide such facilities as are reasonably required by the inspector to enable him and his assistant (if any) to perform effectively and safely his or their functions under this Act.

(4) When an inspector removes or seizes any article, substance, book, record or other document as contemplated in subsection (1)(f) or (1)(g), he shall issue a receipt to the owner or person in control thereof.

OHS Act. Section 30. Special powers of inspectors

(1)

(a) Whenever an employer performs an act or requires or permits an act to be performed, or proposes to perform an act or to require or permit an act to be performed, which in the opinion of an inspector threatens or is likely to threaten the safety or health of any person, the inspector may by notice in writing prohibit that employer from continuing or commencing with the performance of that act or from requiring or permitting that act to be continued or commenced with, as the case may be.

(b) Whenever a user of plant or machinery uses or proposes to use any plant or machinery, or uses or proposes to use any plant or machinery in a manner or in circumstances, which in the opinion of an inspector threatens or is likely to threaten the safety or health of any person who works with such machinery or plant or who is or may come within the vicinity thereof, the inspector may by notice in writing prohibit that user from continuing or commencing with the use of such plant or machinery or in that manner or those circumstances, as the case may be.

(c) An inspector may in writing prohibit an employer to requiring or permitting an employee or any employee belonging to a category of employees specified in the notice to be exposed in the course of his employment for a longer period than a period specified in the prohibition, to any article, substance, organism or condition which in the opinion of an inspector threatens or is likely to threaten the safety or health of that employee or the employee belonging to that category of employees, as the case may be.

(d)A prohibition imposed under paragraph (a), (b) or (c) may at any time be revoked by an inspector in writing if arrangements to the satisfaction of the inspector have been made to dispose of the threat which gave rise to the imposition of the prohibition.

(2) In order to enforce a prohibition imposed under subsection (1)(a) or (b), an inspector may block, bar, barricade or fence off that part of the workplace, plant or machinery to which the prohibition applies, and no person shall interfere with or remove such blocking, barricade or fence.

(3) Whenever an inspector is of opinion that the safety or health of any person at a workplace or in the course of his employment or in connection with the use of plant or machinery is threatened on account of the refusal or failure of an employer or a user, as the case may be, to take reasonable steps in the interest of such person's safety or health, the inspector may by notice in writing direct that employer or user to take such steps as are specified in the direction within a specified period.

(4) Whenever an inspector is of the opinion that an employer or user has failed to comply with a provision of a regulation applicable to him, the inspector may by written notice direct that employer or user to take within a period specified in the notice such steps as in the inspector's opinion are necessary to comply with the said provision and as are specified in the direction.

(5) A period contemplated in subsection (3) or (4) may at any time be extended by an inspector by notice in writing to the person concerned.

(6) An employer shall forthwith bring the contents of a prohibition, direction or notice under this section to the attention of the health and safety representatives and employees concerned.

MHS Act section 50. Inspectors' powers

(1) An inspector may for the purposes of monitoring or enforcing compliance with this Act -

(a) enter any mine at any time without warrant or notice;

(b) enter any other place after obtaining the necessary warrant in terms of subsection (7); and

(c) bring into and use at any mine, or at any place referred to in paragraph (b), vehicles, equipment and material as necessary to perform any function in terms of this Act.

(2) While the inspector is at any mine or place referred to in subsection (1), the inspector may, for the purposes of monitoring or enforcing compliance with this Act -

(a) question any person on any matter to which this Act relates;

(b) require any person who has control over, or custody of, any document, including but not limited to, a plan, book or record to produce that document to the inspector immediately or at any other time and place that the inspector requires;

(c) require from any person referred to in paragraph (b) an explanation of any entry or non-entry in any document over which that person has custody or control;

(d) examine any document produced in terms of paragraph (b), and make a copy of it or take an extract from it;

(e) inspect -

(i) any article, substance or machinery;

(ii) any work performed; or

(iii) any condition;

(f) inspect arrangements made by the employer for medical surveillance of employees;

(g) seize any document, article, substance or machinery or any part or sample of it; and

(h) perform any other prescribed function.

(3) An inspector may instruct any employer, manager, employee or any other person who performs an activity regulated by this Act or any former employer, manager or employee or person who formerly performed an activity regulated by this Act, to appear before the inspector to be questioned on any matter to which this Act relates.

(4) Before an inspector may seize any document under subsection (2)(g), the employer or manager of the mine may copy it.

(5) An inspector may remove any article, substance or machinery or any part or sample of it from any mine or place referred to in subsection (1) for examination or analysis.

(6) When an inspector seizes or removes any item under this section, the inspector must issue a receipt for that item to the employer or manager of the mine or place involved.

(7) A magistrate may issue a warrant contemplated in subsection (1)(b) only on written application by an inspector setting out under oath or affirmation the need to enter a place other than a mine to monitor or enforce compliance with this Act.

(8) For the purpose of this section, 'mine' does not include any home, or residential quarters, situated at the mine.