HomeHome SearchSearch MenuMenu Our productsOur products

Are you allowed to refuse a DoL inspector entry onto your site?

by , 28 November 2013
One of the most common questions regarding inspections is whether or not employers are allowed to refuse a DoL inspector entry onto their construction sites. Read on to find out what the law says about this...

Labour.gov says that 'Health and Safety Inspectors may enter any workplace, accompanied by anyone who is able to assist them, to get any type of evidence. They may also block off unsafe workplace areas.'

The big question is:

Can you refuse an inspector entry onto your site?

NO!

You can't refuse a DoL inspector entry onto your construction site!

If you deny an inspector access onto your site, he can have you arrested for the obstruction of his duties.

'It's never a good idea to work against the DoL's inspectorate and by denying them access you're only suggesting you have something to hide by creating suspicion,' warns the Health & Safety Advisor.

Inspectors are here to help you ensure your compliance.

The DoL is trying to foster and increase good relations with the construction industry to raise the profile and standards of health and safety.

While this may be the case, DoL is also fully prepared to prosecute if you fail to comply with their rules.

It's recommended you welcome inspectors onto your site and see their presence as assistance to compliance rather than trying to hide issues of non-compliance from them and get away with breaking the law.

DoL inspectors have the following rights…

Inspectors may do the following:
 

  • Enter any workplace;
  • Question anyone in your workplace;
  • Examine and copy documents;
  • Inspect and remove any item that is or was on the premises;
  • Invite interpreters, members of the SAPS, or others to accompany them; and
  • Block off unsafe workplace areas.


The bottom line: DoL inspectors are always allowed to enter your construction site. It's illegal to refuse them entry.

Remember to keep these documents in your in your health and safety file, ready to produce for any DoL inspector who calls on your construction site.

 



Related articles




Related articles



Related Products



Comments
0 comments


Recommended for You 

  Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance



Here are all the most interesting, thought-provoking and common tax questions
asked by our subscribers over the last tax year – everything from A to Z!

To download Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance click here now >>>
  Employees always sick? How to stop it today



Make sure you develop a leave policy to regulate sick leave in your company.

BONUS! You'll find an example of the leave policy and procedure in this report.

To download Employees always sick? How to stop it today click here now >>>
  Absenteeism: Little known ways to reduce absenteeism



This FREE e-report will tell you how you can reduce absenteeism in your workplace while avoiding the CCMA and without infringing your employees' labour rights.

To download Absenteeism: Little known ways to reduce absenteeism click here now >>>
  7 Health & safety strategies to save you thousands



Don't let a health and safety incident cost you one more cent. Implement these seven
strategies in your company today.

To download 7 Health & safety strategies to save you thousands click here now >>>