Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)29. Functions of Inspectors |
| (1) | An inspector may, for the purposes of this Act— |
| (a) | without previous notice, at all reasonable times, enter any premises which are occupied or used by an employer or on or in which an employee performs any work or any plant or machinery is used, or which he suspects to be such premises; |
| (b) | question any person who is or was on or in such premises, either alone or in the presence of any other person, on any matter to which this Act relates; |
| (c) | require from any person who has control over or custody of a book, record or other document on or in those premises, to produce to him forthwith, or at such time and place as may be determined by him, such book, record or other document; |
| (d) | examine any such book, record or other document or make a copy thereof or an extract therefrom; |
| (e) | require from such a person an explanation of any entry in such book, record or other document; |
| (f) | inspect any article, substance, plant or machinery which is or was on or in those premises, or any work performed on or in those premises or any condition prevalent on or in those premises or remove for examination or analysis any article, substance, plant or machinery or a part or sample thereof; |
| (g) | 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: Provided that the employer or user of the article, substance, plant or machinery concerned, as the case may be, may make copies of such book, record or document before such seizure; |
| (h) | direct any employer, employee or user, including any former employer, employee or user, to appear before him at such time and place as may be determined by him and question such employer, employee or user either alone or in the presence of any other person on any matter to which this Act relates; |
| (i) | perform any other function as may be prescribed. |
| (2) |
| (a) | 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. |
| (b) | 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. |
| (3) | When an inspector enters any premises under subsection (1) the employer occupying or using those premises and each employee performing any work thereon or therein and any user of plant or machinery thereon or therein, shall at all times provide such facilities as are reasonably required by the inspector to enable him and his assistant (if any) to perform effectively and safely his or their functions under this Act. |
| (4) | When an inspector removes or seizes any article, substance , plant, machinery, book, record or other document as contemplated in subsection (1)(f) or (g) , he shall issue a receipt to the owner or person in control thereof. |