How to Prepare for a Department of Labour Inspection in South Africa: The Complete Checklist

What is a Department of Labour Inspection?

The Department of Employment and Labour (DEL) is responsible for enforcing the Occupational Health and Safety Act (OHSA) in South African workplaces. Inspectors have the power to enter any workplace without prior notice to check compliance with health and safety legislation.

An inspection can be triggered by:

• Routine inspections — scheduled compliance campaigns
• Complaint-driven — an employee or member of the public has reported concerns
• Incident follow-up — after a reported workplace accident
• Targeted campaigns — sector-specific or hazard-specific inspection drives

Understanding what inspectors look for — and preparing accordingly — can mean the difference between a clean bill of health and a prohibition notice that shuts down your operations.

Inspector Powers Under the OHSA

Under Section 29 of the OHSA, inspectors may:

• Enter any workplace at any reasonable time without prior notice
• Inspect and examine the workplace and any activity
• Take samples, measurements, and photographs
• Question any person about health and safety matters
• Examine and copy documents and records
• Issue improvement notices (Section 30) — requiring corrective action within a specified period
• Issue prohibition notices (Section 31) — immediately stopping dangerous activities
• Recommend prosecution for serious offences

What Happens if You Refuse Entry?

Obstruction of an inspector is an offence under Section 36 of the OHSA, carrying penalties of up to R100,000 and/or 2 years imprisonment.

The Complete Inspection Checklist

1. Legal Appointments (Section 16 & 17)

Inspectors will typically check these first:

• Section 16(1) — CEO acknowledgment of responsibility
• Section 16(2) — Written assignment of health and safety duties to managers
• All appointment letters signed and dated by both parties
• Health and Safety Representatives appointed (1 per 50 employees for workplaces with 20+)
• Health and Safety Committee established (if 2+ representatives)
• Committee meeting minutes for the last 12 months
• First aiders appointed with valid certificates (renewed every 3 years)
• Fire marshals appointed and trained

Common findings:

• No Section 16(2) assignment letters
• Expired first aid certificates
• Insufficient SHE Representatives for the workforce size
• No committee meeting records

2. Health and Safety Policy (Section 7)

• Written health and safety policy (required for 20+ employees)
• Policy signed by the CEO
• Policy displayed in the workplace
• Policy is current and relevant to actual workplace activities
• Evidence that workers are aware of the policy

3. Risk Assessments (GAR 9, Section 8)

• Baseline risk assessment for the workplace
• Issue-based risk assessments for specific activities
• Risk assessments are site-specific (not generic templates)
• Evidence of worker consultation in the assessment process
• Control measures identified and implemented
• Review dates — assessments updated after incidents or changes
• Risk assessments communicated to workers

4. Incident Records and Reporting (Section 24)

• Incident register maintained and up to date
• All notifiable incidents reported to the DEL (fatal, 14+ days lost time)
• Investigation reports for all incidents
• Corrective actions implemented and tracked
• Evidence that lessons learned are shared with workers

5. Training Records (Section 8)

• Induction training records for all employees
• Task-specific training records
• SHE Representative training certificates
• First aid training certificates with expiry dates
• Records of toolbox talks and safety meetings
• Training records for contractors and temporary workers
• Evidence that workers are trained on risk assessment findings

6. Equipment and Machinery Safety (Section 10, GMR)

• Maintenance records for all equipment
• Guarding on moving parts (compliant with Driven Machinery Regulations)
• Lock-out/tag-out procedures in place
• Pre-use inspection records (daily/shift-start checklists)
• Certificates of fitness for lifting equipment, pressure vessels, etc.
• Electrical installation certificate of compliance

7. Personal Protective Equipment (Section 8(2)(e))

• PPE provided free of charge to employees
• PPE is appropriate for the hazards identified in risk assessments
• Workers trained on correct PPE use
• PPE inspection and replacement records
• PPE storage arrangements are adequate

8. Emergency Preparedness (GSR 9)

• Emergency plan documented and displayed
• Evacuation routes clearly marked and unobstructed
• Assembly points identified
• Emergency drills conducted (at least annually — records maintained)
• Fire extinguishers serviced (annually) with valid service tags
• Emergency lighting and signage functional
• Emergency contact numbers displayed

9. Housekeeping and General Safety

• Workplace is clean and orderly
• Walkways clear and unobstructed
• Stacking and storage safe and stable
• Spillage procedures in place
• Ablution facilities adequate and clean
• Ventilation, lighting, and temperature within regulatory limits
• Hazardous chemical substances properly stored and labelled

10. Construction-Specific (If Applicable)

• Health and Safety Plan approved by the client
• Fall protection plan for work above 2m
• Excavation permits and inspections
• Scaffolding inspection certificates
• Construction supervisor and CHSO appointments
• Notification of construction work to the DEL (Regulation 4)

What Happens After an Inspection?

Clean Inspection

• Inspector may provide verbal feedback
• No formal notices issued
• Continue maintaining your standards

Improvement Notice (Section 30)

• Written notice specifying the contravention
• Time frame given to rectify (typically 30–60 days)
• Must comply within the specified period
• Follow-up inspection will verify compliance
• Appeal within 60 days to the Health and Safety Commissioner if you disagree

Prohibition Notice (Section 31)

• Issued when there is immediate danger
• Stops the activity immediately until the danger is removed
• Extremely serious — can halt production and operations
• Must be complied with immediately
• Can be appealed, but the prohibition remains in force during appeal

Prosecution

For serious or repeat offences, the inspector may recommend prosecution:

• Section 38 offences: up to R100,000 fine or 2 years imprisonment
• Section 39 offences: up to R200,000 fine or 2 years imprisonment

How to Be Inspection-Ready at All Times

1. Conduct Internal Audits

Run your own inspections using this checklist quarterly. Fix issues before the DEL finds them.

2. Maintain Your Documentation

Keep all appointment letters, risk assessments, training records, and inspection reports in a central, accessible file — physical or digital.

3. Train Your Team

Ensure your SHE Representatives, managers, and supervisors understand their roles and can confidently answer inspector questions.

4. Fix Issues Immediately

When you identify a hazard or non-compliance, address it promptly and document the corrective action.

5. Invest in Competent People

Inspectors assess competence of appointed persons. Having team members with recognised qualifications like NEBOSH IGC demonstrates compliance with Section 8 requirements for training and competency.

How OHS Compliance Group Prepares You

We equip your team with the qualifications that demonstrate competence during inspections:

• NEBOSH IGC — provides the broad competency inspectors expect from safety officers and managers
• SHE Representative Training — for your Section 17 appointees
• HIRA Training — conduct the risk assessments inspectors will review
• Incident Investigation Training — produce the investigation reports inspectors will examine
• OHS Legislation Training — understand every requirement the inspector will check

Don't wait for an inspection to discover your gaps. Get qualified and be ready.