Lesson 1, Topic 1
In Progress

1.6 Other Legal Requirements

ryanrori June 15, 2020

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Inspectors

Designation of Inspectors By Minister

In terms of Section 28 of the Act:

  • The Minister may designate any person as an inspector to perform the functions assigned to an inspector by this Act.
  • Each designated inspector must have a certificate signed by or on behalf of the Minister, stating that he has been designated as an inspector.
  • Inspectors may be required to produce such a certificate on demand during performance of their functions under this Act.

 

Functions of Inspectors

In terms of Section 29 of the Act:

An inspector may, for the purposes of this Act –

  • Without previous notice, at all reasonable times enter any workplace.
  • Question any person in the workplace on any matter to which this Act relates.
  • Require from any person in possession or control of a book, record or other document on or in the workplace, to produce to him such book, record or other document.
  • Examine any such book, record or other document or make a copy thereof or an extract therefrom.
  • Require from such a person an explanation of any entry in such book, record or other document.
  • Inspect any article, substance, plant or machinery which is used in the workplace, or any work performed, or any condition prevalent in the workplace. He may also remove for examination or analysis any article, substance, plant or machinery or a part or sample thereof.
  • Seize any such book, record or other document or any such article, substance, plant or machinery 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.
  • The employer may make copies of documents before such seizure.
  • Direct any employer, employee or user, including any former employer, employee or user, to appear before him on any matter to which this Act relates.
  • Perform any other function as may be prescribed.

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.  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.

When an inspector enters any workplace the employer and employees performing any work must at all times provide the inspector with facilities to enable him and his assistant (if any) to perform effectively and safely his or their functions under this Act.

When an inspector removes or seizes any article, substance, plant, machinery, book, record or other document he must issue a receipt to the owner or person in control thereof.

 

Special Powers Of Inspectors

In terms of Section 30 of the Act:

Inspectors may serve the following documents on employers, should he feel that the measures implemented by the employer do not conform to prescribed standards:

  • Prohibition notice – This forbids anyone to operate certain machinery, work in a certain area or perform a task in a certain manner. The inspector may also isolate a workplace or machine(s).
  • Improvement notice – Notice is given in writing to the employer as to what steps are to be taken to remedy the problem.
  • Non-compliance notice – This directs an employer to appear at an enquiry to investigate alleged non-compliance with the requirements of the Act.

Should an employer not be happy with the actions of the inspector, he may appeal to the Chief Inspector in writing within 60 days.