Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)RegulationsRegulations on Chapter XA relating to Inspections, Compliance and Enforcement under the Compensation for Occupational Injuries and Diseases Act, 19933. Investigation of non-compliance in terms of Section 93F(2)(b) |
| (1) | An inspector may, after issuing the compliance order, investigate with the employer to determine the extent of non-compliance in terms of sections 39(6) and 39(8) with regards to failure to notify the Commissioner of an accident and failure to report the accident in the prescribed manner. |
| (2) | When conducting investigation in terms of section 93F(2)(b) the inspector shall: |
| (a) | furnish the Commissioner with the particulars of the accident in terms of section 40(2) |
| (b) | investigate the employer’s failure to pay Temporary Total or partial Disablement to the employee in terms of section 47(3)(a); |
| (c) | confirm with the employer the earnings for the purposes of calculating compensation benefits payable or calculating earning for assessment; |
| (d) | investigate the incidents of negligence of the employer that contributes to accidents or diseases in terms of section 56; |
| (e) | investigate unauthorised deductions of employee earnings in terms of section 64(1); |
| (f) | investigate the failure to notify the Commissioner of an occupational disease in terms of section 68(2); |
| (g) | investigate the failure of the employer to pay an assessment or failure to register and provide particulars in support of accident in terms of section 87; or |
| (h) | conduct verification of the contractor’s employee or that of the subcontractor |
| (3) | When conducting inspection to confirm or ensure compliance, the inspector shall: |
| (a) | notify the employer of the purpose of the compliance inspection; |
| (b) | notify the employer of the employers’ obligation to comply with the inspection notice; |
| (c) | notify the employer of planned site visits in order to conduct inspections, detailing the date, time and where relevant the information or records required; |
| (d) | notify the employer of the employer’s right to attend or assign an official to attend such site visits by the inspector; or |
| (e) | notify the employer of the employer’s right to communication of the inspector’s outcome of any enquiry, investigation, site inspection or audit. |