A labour inspector may by law enter any premises without appointment to perform duties – Department of Employment and Labour

Labour inspectors are empowered by law to conduct workplace inspections without prior appointments, so said Department of Employment and Labour Limpopo Province Chief Director: Provincial Operations (CD:PO), Phaswane Tladi.

Tladi said there was a perception that inspectors must set an appointment before they inspect a workplace. He said there was no law that prevents inspectors from doing their duty. Tladi said extending the courtesy to inform employers, “is just an administrative exercise/process”.

“I am making you employers aware because there are instances where, when in the course of doing our work, we are told that we do not have an appointment or have not made a notice – and this is further from truth,” he said.

Tladi said the challenge that the inspectors experience in instances where they do not have a notice and appointment is that: “we run the risk that we would not get all requested documentation in place”.

The Chief Director was addressing a Department of Employment and Labour Employer breakfast briefing session as part of advocacy at Tzaneen Country Lodge in Limpopo today (Friday).

In terms of the Occupational Health and Safety (OHS) Act, some of the functions of an inspector include that – 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) perform any other function as may be prescribed.

Department’s Public Employment Services (PES) branch Chief Director: Work-Seeker Services and Technical Support, Sagren Govender said some employers are scared of the department because of employment laws. Govender called on employers to partner with the Department.

“Our labour laws are not punitive, but progressive. We are intent on building partnerships,” he said. Govender said employers often run away from complying with a number of their obligation, however the Department does not want them to do so.

“What we are saying is – do not be scared of labour laws. These laws are in compliance with international standards. It is lack of knowledge that make people fear us,” he said.

The employer briefing session was held alongside the Jobs/Career Fair held at Tivumbeni College, Nkowankowa in a partnership with the Department of Higher Education & Training, and Department of Small Business Development.

The Jobs/Career Fair was intended to bring work seekers and potential employers under one roof and also provide a basket of other services such as career counselling, unemployment insurance fund and compensation for occupational injuries and diseases claim processes.

For more information, contact:

Mapula Tloubatla

Provincial Communication Officer: Limpopo Province