Basic Guide to Rights of Health and Safety Inspectors

Health and safety inspectors play an essential role in ensuring compliance with South Africa’s Occupational Health and Safety Act (OHS Act) of 1993. Appointed by the Department of Employment and Labour, they are empowered to monitor and enforce workplace safety standards, ensuring that employers and employees meet their legal obligations to maintain a safe and healthy working environment.  

Who Are Health and Safety Inspectors?   

Health and safety inspectors are officials tasked with upholding occupational health and safety laws. Their primary responsibility is to inspect workplaces, enforce compliance with the OHS Act, and promote measures that safeguard workers’ well-being.  

Rights and Powers: Health and Safety Inspectors 

Health and safety inspectors have extensive powers to perform their duties effectively, as outlined by the OHS Act. These include:  

1. Access to the Workplace:
   Inspectors have the right to enter any workplace at a reasonable time without prior notice to conduct inspections. This helps businesses maintain continuous compliance.

2. Request for Documentation:  
   Inspectors can demand access to health and safety-related documents such as risk assessments, incident reports, and training records. Employers must ensure that all documentation is accurate, updated, and readily available.  

3. Conduct Interviews:
   Inspectors are authorised to interview both employees and employers to collect information on workplace practices and address any health and safety concerns.

4. Inspect Equipment and Machinery:
   They can examine tools, machinery, and safety equipment to ensure they are in good working condition and meet the necessary safety standards.  

5. Investigate Accidents and Complaints:
   Inspectors have the authority to investigate workplace incidents, accidents, and complaints related to health and safety violations.  

6. Issue Compliance Orders:
   If an inspector identifies non-compliance or hazardous conditions, they can issue instructions for immediate corrective action. This may include stopping unsafe work practices or requiring safety improvements.  

7. Seize Unsafe Items:
   Inspectors can confiscate tools, substances, or equipment deemed unsafe or non-compliant with legal standards.  

8. Prohibit Certain Activities:
   They have the right to stop work or activities that pose a risk to workers’ safety until the necessary corrective measures are implemented.  

Employer Obligations to Health and Safety Inspectors 

Employers must cooperate fully with health and safety inspectors and meet the following obligations:   

• Grant unrestricted access to the workplace and relevant documents.  

• Provide accurate information when requested.  

• Comply promptly with any instructions or notices issued by an inspector.  

• Ensure that all workers and supervisors are informed of and comply with workplace safety policies.  

Employee Cooperation   

Employees must also support inspectors by providing honest information during interviews and reporting unsafe conditions or practices. Collaboration is key to ensuring workplace safety for everyone.

Legal Protections for Inspectors 

Inspectors are protected under the OHS Act to carry out their duties without obstruction. Any attempt to hinder or interfere with an inspector’s work may result in severe penalties for the employer or individual responsible.  

Significance of Health and Safety Inspections  

Regular inspections by health and safety inspectors help to:  

• Identify and rectify workplace hazards.  

• Prevent accidents and injuries.  

• Ensure compliance with the law.  

• Cultivate a workplace culture prioritising safety.

Penalties for Non-Compliance   

Failing to comply with health and safety laws or obstructing an inspector in their duties can result in fines, penalties, or legal action. Employers are encouraged to maintain proactive compliance to avoid these consequences.  

By working together with health and safety inspectors, employers and employees can create a safer, healthier, and more productive work environment. Let’s prioritise workplace safety—because everyone deserves to go home safe.