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You can appeal the health and safety inspector's decisions! Here's how

by , 26 August 2015
Health and Safety inspectors from the Department of Labour can come onto the premises of your workplace, without prior notice, to inspect all that is going on.

The Health and Safety inspector is there to ensure that you comply with all the requirements of the Occupational Health and Safety Act.

If the inspector believes that it threatens the health and safety of any person, he can prohibit you from performing any act through prohibition orders.

But you have a right to appeal! Here's how:


Attention! Health and Safety specialists face fines imposed by the DoL!
Recently, the Department of Labour (DoL) conducted over 190,000 impromptu health and safety inspections. It even shut down a company for failing to comply with the Occupational Health and Safety Act (OHSA).
Employers have been warned that there will be many more inspections. 

If you wish to appeal the inspector's decision, you must do so in writing to the chief inspector by setting out the grounds of the appeal within 60 days of the inspector's decision.

The chief inspector will then look into the reasons for the inspector's decisions as well as your grounds for the appeal. After having done this, he may set aside, vary, replace or confirm the decision. 

If you are unhappy with the chief inspector's decision, you can appeal against it in the Labour Court. 

It is important to remember that appeals DON'T suspend the effectiveness of prohibition orders! 


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The Health and Safety Advisor Loose Leaf Service is a genuine practical guide that offers:
  • Prompt information of any law changes
  •  Correct interpretation of the law - solutions from specialists
  •  Recommendations for the correct application of the law
  •  Warnings about the repercussions of not complying with the law
  •  Warnings of possible hazards, certain pitfalls in the law
  •  Tips to prepare for your DoL inspections
  •  Samples of documents you need to prepare ...

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