Klass Looch Associates

Employer OHS Champion since 1986 

Draft OHS Amendment Bill 2015

Section 31.

(1) An inspector shall investigate the circumstances of any incident which has occurred at or originated from a workplace or in connection with the use of plant or machinery which has resulted, or in the opinion of the inspector could have resulted, in the injury, illness or death of a person.

(1A) For the purposes of an investigation referred to in subsection (1), an inspector may subpoena any person to appear before the inspector concerned on a day and at a place specified in the subpoena; and give evidence or to produce any book, document or item which in the opinion of the inspector has a bearing on the subject of the investigation.

(2) After completing the investigation in terms of subsection (1), the presiding inspector shall submit a written report thereon, together with all relevant sworn statements, documents and information gathered during the investigation to the provincial control inspector within whose area of jurisdiction such incident occurred, who will, after consultation with the chief inspector, submit the report to the National Prosecution Authority.

(3) Upon receipt of a report referred to in subsection (2), the National Prosecuting Authority shall deal therewith in accordance with the provisions of the Inquests Act, 1959 (Act No. 58 of 1959) and the Criminal Procedure Act, 1977 (Act No. 51 of 1977)

(5) An inspector conducting an investigation shall not incur any civil liability by virtue of anything contained in the report referred to in subsection (2).