Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

38. Offences, penalties and special orders of court
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(1)Any person who—
(a)contravenes or fails to comply with a provision of section 7, 8, 9, 10(1), (2) or (3), 12, 13, 14, 15, 16(1) or (2), 17(1), (2) or (5), 18(3), 19(1), 20(2) or (4), 22, 23, 24(1) or (2), 25, 26, 29(3), 30(2) or (6), 34 or 36;
(b)contravenes or fails to comply with a direction or notice under section 17(6), 19(4) or (7), 21(1) or 30(1)(a), (b) or (c) or (3), (4) or (6);
(c)contravenes or fails to comply with a condition of an exemption under section 40(1);
(d)in any record, application, statement or other document referred to in this Act wilfully furnishes information or makes a statement which is false in any material respect;
(e)hinders or obstructs an inspector in the performance of his functions;
(f)refuses or fails to comply to the best of his ability with any requirement or request made by an inspector in the performance of his functions;
(g)refuses or fails to answer to the best of his ability any question which an inspector in the performance of his functions has put to him;
(h)wilfully furnishes to an inspector information which is false or misleading;
(i)gives himself out as an inspector;
(j)having been subpoenaed under section 32 to appear before an inspector, without sufficient cause (the onus of proof whereof shall rest upon him) fails to attend on the day and at the place specified in the subpoena, or fails to remain in attendance until the inspector has excused him from further attendance;
(k)having been called under section 32, without sufficient cause (the onus of proof whereof shall rest upon him)—
(i)refuses to appear before the inspector;
(ii)refuses to be sworn or to make affirmation as a witness after he has been directed to do so;
(iii)refuses to answer, or fails to answer to the best of his knowledge and belief, any question put to him; or
(iv)refuses to comply with a requirement to produce a book, document or thing specified in the subpoena or which he has with him;
(l)tampers with or discourages, threatens, deceives or in any way unduly influences any person with regard to evidence to be given or with regard to a book, document or thing to be produced by such a person before an inspector under section 32;
(m)prejudices, influences or anticipates the proceedings or findings of an inquiry under section 32 or section 33;
(n)tampers with or misuses any safety equipment installed or provided to any person by an employer or user;
(o)fails to use any safety equipment at a workplace or in the course of his employment or in connection with the use of plant or machinery, which was provided to him by an employer or such a user;
(p)wilfully or recklessly does anything at a workplace or in connection with the use of plant or machinery which threatens the health or safety of any person, shall be guilty of an offence and on conviction be liable to a fine not exceeding R50 000 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

 

(2)Any employer who does or omits to do an act, thereby causing any person to be injured at a workplace, or, in the case of a person employed by him, to be injured at any place in the course of his employment, or any user who does or omits to do an act in connection with the use of plant or machinery, thereby causing any person to be injured, shall be guilty of an offence if that employer or user, as the case may be, would in respect of that act or omission have been guilty of the offence of culpable homicide had that act or omission caused the death of the said person, irrespective of whether or not the injury could have led to the death of such person, and on conviction be liable to a fine not exceeding R100 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

 

(3)Whenever a person is convicted of an offence consisting of a failure to comply with a provision of this Act or of any direction or notice issued thereunder, the court convicting him may, in addition to any punishment imposed on him in respect of that offence, issue an order requiring him to comply with the said provision within a period determined by the court.

 

(4)Whenever an employer is convicted of an offence consisting of a contravention of a provision of section 23, the court convicting him shall inquire into and determine the amount which contrary to the said provision was deducted from the remuneration of the employee concerned or recovered from him and shall then act with respect to the said amount mutatis mutandis in accordance with sections 28 and 29 of the Basic Conditions of Employment Act, 1983 (Act No. 3 of 1983), as if such amount is an amount underpaid within the meaning of those sections.