Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)

Chapter XA : Inspection, Compliance and Enforcement

93D. Powers to question and inspect

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(1) In order to monitor or enforce compliance with this Act, an inspector may—
(a) require a person to disclose any information, either orally or in writing, and either alone or in the presence of witnesses, and require that the disclosure be made under oath or affirmation;
(b) inspect and question any person about any record or document;
(c)copy any record or document referred to in paragraph (b), or remove them to make copies or extracts;
(d) require a person to produce or deliver to a place specified by an inspector any record or document referred to in paragraph (b) for inspection;
(e) inspect, question a person about, and if necessary remove any article, substance or machinery present at a workplace;
(f) inspect or question a person about any work performed; and
(g) perform any other function necessary for monitoring or enforcing compliance.

 

(2) An inspector may be accompanied by an interpreter, a member of the South African Police Services and any other person reasonably required to assist in conducting the inspection.

 

(3) An inspector shall—
(a) produce on request the certificate referred to in section 93A(3);
(b) provide a receipt for any record, document, article, item, substance or machinery removed in terms of subsection (1)(c) or (e); and
(c) return anything removed within a month.

 

[Section 93D inserted by section 59 of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 23 January 2026 per (a) of Proclamation Notice 306, GG53990 dated 23 January 2026]