How to prepare for a Department of Employment and Labour inspection
Short answer: assume an inspector can arrive today and ask for any record. Under the Occupational Health and Safety Act, an inspector may enter without previous notice, question people, demand documents, take samples and issue prohibitions or written directions. Preparing means keeping your legally required records current, complete and in one place.
Inspectors are designated by the Minister under section 28 of the Occupational Health and Safety Act 85 of 1993, and must produce their certificate of designation on demand (section 28(3)). Their powers are in sections 29 and 30, and the right of appeal in section 35. The regulations made under the Act set out the records you must keep.
What an inspector may do
Under section 29(1), an inspector may:
enter premises occupied or used by an employer, without previous notice, at all reasonable times;
question any person who is or was on the premises about any matter the Act relates to;
require any book, record or other document to be produced immediately, or at a time and place the inspector decides, and examine or copy it;
inspect any article, substance, plant, machinery, work or condition on the premises, and remove samples for analysis;
seize documents, articles or samples that may serve as evidence. You may copy documents first, and the inspector must issue a receipt (section 29(4)).
The employer and employees must provide the facilities the inspector reasonably needs to work effectively and safely (section 29(3)). Health and safety representatives may accompany inspectors on inspections (section 18(1)(h)). Hindering or obstructing an inspector, failing to comply with an inspector's requirement, and wilfully giving false or misleading information are offences (section 38(1)(e), (f) and (h)).
Prohibitions and directions
Section 30 gives inspectors these written powers:
Prohibition (section 30(1)(a) and (b)): stops an act, or a use of plant or machinery, that threatens or is likely to threaten anyone's health or safety. The inspector may block, bar, barricade or fence off the area or machine to enforce it (section 30(2)).
Prohibition on exposure (section 30(1)(c)): limits how long employees may be exposed to an article, substance, organism or condition that threatens or is likely to threaten their health or safety.
Direction (section 30(3)): where someone's health or safety is threatened because the employer failed to take reasonable steps, the inspector directs specified steps within a specified period.
Direction (section 30(4)): where the employer has failed to comply with a regulation, the inspector directs the steps needed to comply within a specified period.
An inspector may revoke a prohibition in writing once the threat has been dealt with to the inspector's satisfaction (section 30(1)(d)), and extend a direction's period by written notice (section 30(5)). You must bring any prohibition, direction or notice to the attention of the health and safety representatives and employees concerned immediately (section 30(6)). You may appeal in writing to the chief inspector within 60 days of the decision being made known, setting out your grounds (section 35(1) and (2)), and from there to the Labour Court (section 35(3)). An appeal does not suspend a prohibition on an act or on the use of plant or machinery (section 35(5)).
The records to have ready
Keep these together and up to date:
The Act and regulations: an employer with five or more employees must have a copy of the Act and the relevant regulations readily available at the workplace (General Administrative Regulations, 2003, regulation 4).
Appointments: written designations of health and safety representatives where more than 20 employees work at a workplace (section 17(1)), and duties the chief executive officer has assigned to others (section 16(2)). Keep health and safety committee records for at least three years (General Administrative Regulations, regulation 5(b)).
Risk assessments: a dated assessment for each hazard that applies, within its review interval. Our article on occupational health risk assessments lists each one.
Monitoring reports: noise, chemical, lead and asbestos monitoring by an approved inspection authority where the regulations require it. Our article on approved inspection authorities and competent persons explains who may do what.
Control tests: an approved inspection authority's reports on engineering controls such as extraction ventilation, examined and tested at least every 24 months (Regulations for Hazardous Chemical Agents, 2021, regulation 12(b)).
Training and medical records: for noise, records of training, risk assessments, monitoring, medical surveillance and control maintenance must be kept for 40 years, and most must be available to an inspector (Noise Exposure Regulations, 2024, regulation 14(1)).
Incident records: a record in the form of Annexure 1 of every reportable incident, and of any incident that needed medical treatment other than first aid, kept for at least three years and open to an inspector (General Administrative Regulations, regulation 9(1)).
A quick self-check
Decide who will receive an inspector, and make sure they know where every record is.
Check each risk assessment and monitoring report against its due date.
Confirm that your health and safety representatives' written designations are current.
Check that the incident register records every reportable incident and medical treatment case.
Act on the recommendations in your last survey reports, or record why not.
How Qualitas can help
Qualitas Occupational Consulting is a Department of Employment and Labour Approved Inspection Authority and a SANAS-accredited (ISO/IEC 17020) inspection body for asbestos, lead, noise and hazardous chemical agents. Our reports are written for management, SHEQ teams and auditors.
We also offer health risk assessments and surveys for heat and cold stress, illumination, indoor air quality, vibration, ergonomics, biological agents and facilities. If your noise survey is close to two years old, see how often a noise survey must be done.
Not sure what your site needs? Start with our free Compliance Gap Analysis, request a quote, or call or WhatsApp 082 649 6599.
This article summarises the Occupational Health and Safety Act 85 of 1993 and the General Administrative Regulations, 2003 (Government Notice R. 929, Government Gazette 25129, 25 June 2003) for general guidance. It is not legal advice; refer to the Act and the regulations for the full requirements.
Christo de Wet is a SAIOH-registered occupational hygienist with 15 years' experience and the founder of Qualitas Occupational Consulting.
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