What Happens During a Department of Employment and Labour Health & Safety Inspection?

Would Your Company Be Ready if an Inspector Arrived Today?

For many businesses, the thought of a Department of Employment and Labour Occupational Health and Safety inspection creates immediate concern.

Where is the safety file?

Are the risk assessments current?

Are the appointments signed?

Have the fire extinguishers been inspected?

Are employee training certificates valid?

Is the company registered with the Compensation Fund?

The problem is that these questions should not only be asked when an inspector arrives.

The Occupational Health and Safety Act 85 of 1993 requires employers to provide and maintain, as far as reasonably practicable, a working environment that is safe and without risk to employees’ health.

An inspection is therefore not simply about whether you have a file.

It is about whether your health and safety system actually works.

Why Does the Department Conduct OHS Inspections?

Occupational Health and Safety Inspectors monitor compliance with the OHS Act, its regulations and applicable incorporated standards.

Departmental descriptions of OHS inspector responsibilities include conducting inspections, investigating reported incidents and complaints, monitoring compliance and taking enforcement action where necessary.

Inspections may therefore focus on much more than paperwork.

An inspector may want to understand:

  • What activities your company performs
  • What hazards employees are exposed to
  • How risks are controlled
  • Whether employees have been trained
  • Whether machinery and equipment are safe
  • Whether employees receive appropriate PPE
  • Whether incidents are reported
  • Whether statutory appointments have been made
  • Whether required inspections are completed
  • Whether your documentation supports what is happening in the workplace

What Could Trigger an Inspection?

Businesses should operate as though an inspection could occur rather than relying on advance warning.

Inspection activity can arise in various circumstances, including proactive compliance inspections, workplace complaints and incident investigations.

A serious workplace incident can also bring an organisation’s safety systems under far greater scrutiny.

The best preparation is therefore continuous compliance.

What Can an Inspector Look At?

The scope will depend on your industry and workplace risks, but there are several areas businesses should be prepared to demonstrate.

1. Your Risk Assessments

One of the most important questions is:

Have you identified the hazards created by your operations?

An inspector may consider whether your business understands risks relating to:

  • Machinery
  • Working at heights
  • Chemicals
  • Vehicles
  • Electricity
  • Manual handling
  • Fire
  • Noise
  • Equipment
  • Contractors
  • Employee activities

The OHS Act places duties on employers to address hazards and make employees aware of workplace risks and the necessary precautions.

If your risk assessment does not reflect what employees are actually doing, that can indicate a significant weakness in your system.

2. Health and Safety Appointments

Depending on the size and activities of your organisation, inspectors may check whether the appropriate persons have been designated or appointed.

Examples may include:

  • Health and Safety Representatives
  • First Aiders
  • Supervisors or responsible persons
  • Persons responsible for equipment inspections
  • Industry-specific competent persons

Appointments should not simply be signed documents.

The people appointed need to understand what they are responsible for.

3. Employee Training

Training records are another important area.

An inspector may want to determine whether employees have been provided with sufficient information and instruction to work safely.

Depending on your business, records could include:

  • Employee induction
  • First Aid training
  • Health and Safety Representative training
  • Fire-related training
  • Working at Heights
  • Equipment operator training
  • Toolbox talks
  • Hazard-specific instruction

Section 13 of the OHS Act requires employers, as far as reasonably practicable, to ensure employees are made aware of hazards associated with their work and precautions they should take.

4. First Aid Arrangements

An inspector may look at:

  • First aid boxes
  • Accessibility
  • Contents
  • Trained first aid personnel
  • Validity of certificates
  • Signage identifying first aid facilities

The General Safety Regulations include specific requirements where more than 10 employees are employed at a workplace, including arrangements for persons holding valid first aid competency certificates.

5. Emergency Preparedness

Your emergency plan should work in practice.

Questions businesses should ask include:

  • Do employees know where to go during an evacuation?
  • Are emergency exits clearly marked and accessible?
  • Does everyone know the assembly point?
  • Are emergency contact numbers displayed?
  • Is suitable firefighting equipment available?
  • Do responsible employees understand their emergency duties?

Conducting emergency drills and recording the results can also help organisations identify weaknesses before an actual emergency occurs.

6. Machinery and Equipment

For businesses operating machinery, tools or specialised equipment, inspectors may examine whether equipment is being operated safely and appropriately maintained.

Depending on the equipment and applicable regulations, this can involve:

  • Guarding
  • Maintenance
  • Operator competency
  • Inspection records
  • Emergency stops
  • Electrical safety
  • Lockout controls
  • Equipment registers

The physical workplace must support what the documentation claims.

A perfectly organised file will not compensate for visibly unsafe machinery.

7. Personal Protective Equipment

PPE should be based on the hazards employees face.

Inspectors may consider whether suitable PPE is:

  • Provided
  • Appropriate for the hazard
  • In usable condition
  • Correctly worn
  • Maintained where necessary
  • Understood by employees

Employers should also remember that PPE is normally one component of risk control rather than the entire safety solution.

8. Incident Records

Incident reporting is an area businesses cannot afford to neglect.

Inspectors may examine:

  • Incident reports
  • Investigation records
  • Corrective actions
  • Evidence of close-out
  • Statutory reporting where applicable

Employers also have responsibilities regarding the reporting of workplace accidents and occupational diseases to the Compensation Fund under COIDA.

Good incident investigations should focus on preventing recurrence rather than merely identifying who made a mistake.

9. Your Workplace — Not Just Your Files

This is one of the most important points.

Compliance is not a file.

An organisation could have excellent documents while the actual workplace remains unsafe.

An inspection could reveal issues such as:

  • Blocked emergency exits
  • Employees not wearing PPE
  • Missing machine guards
  • Unsafe electrical connections
  • Poor housekeeping
  • Damaged ladders
  • Unsafe working-at-height practices
  • Chemicals stored incorrectly
  • Missing signage
  • Fire equipment that cannot be accessed

Your documentation and actual workplace practices need to support each other.

10. COIDA and Compensation Fund Compliance

The Department’s published OHS inspector duties also reference confirming employer registration under applicable labour legislation, including COIDA.

The Compensation Fund states that employers have registration obligations where they employ workers covered by the legislation.

Companies should therefore ensure that their Compensation Fund affairs are kept up to date rather than addressing them only when a Letter of Good Standing is urgently required.

What Happens if Problems Are Found?

The response will depend on the specific facts, applicable legislation and seriousness of the issue.

Occupational health and safety inspectors have statutory functions and enforcement powers under the OHS framework.

This is why businesses should avoid treating health and safety as a last-minute paperwork exercise.

The objective should be to identify and correct problems before an inspector identifies them for you.

How to Prepare for an OHS Inspection

Start by conducting an internal compliance review.

Ask yourself:

  • Are our risk assessments current?
  • Do they cover all significant activities?
  • Are our safety appointments correct?
  • Are training certificates valid?
  • Are inspections being completed?
  • Are findings being closed out?
  • Are employees following procedures?
  • Is PPE being used?
  • Are emergency arrangements effective?
  • Are our incident records complete?
  • Is our Compensation Fund information up to date?
  • Does the physical workplace match what our safety documentation says?

If you cannot confidently answer these questions, a professional compliance audit can help identify the gaps.

Don’t Prepare for an Inspection — Prepare Your Business

There is an important difference.

Preparing for an inspection usually means rushing to fix paperwork because an inspector may arrive.

Preparing your business means establishing systems that operate every day.

That includes:

  • Identifying hazards.
  • Managing risks.
  • Training employees.
  • Inspecting the workplace.
  • Correcting unsafe conditions.
  • Investigating incidents.
  • Maintaining documentation.
  • Continuously improving.

When these activities form part of normal operations, an inspection becomes far less intimidating.

How SHEQ Culture Can Help

SHEQ Culture Consulting and Training assists organisations in identifying compliance gaps before they become serious problems.

We can assist with:

  • OHS legal compliance audits
  • Department of Employment and Labour inspection readiness
  • Workplace inspections
  • Safety file development and management
  • Risk assessments
  • Safe Work Procedures
  • Health and safety appointments
  • Training
  • Incident investigations and management
  • COID compliance support
  • Contractor management
  • ISO management system support
  • Ongoing monthly SHEQ consulting

Instead of waiting for a problem, we help businesses build practical systems designed to maintain compliance throughout the year.

Would Your Business Pass an OHS Compliance Assessment Today?

If you’re unsure, that is exactly why an assessment is valuable.

Contact SHEQ Culture Consulting and Training today to arrange a workplace compliance audit or consultation.

We’ll help you identify the gaps, prioritise corrective actions and strengthen your workplace health and safety system.

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SHEQ Culture Consulting and Training
Helping businesses move from reactive compliance to a proactive safety culture.

This article provides general occupational health and safety information. Specific requirements depend on the workplace, activities, applicable regulations and circumstances, and should be assessed individually.

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