In a groundbreaking decision, the Labour Court has set a precedent that reinforces the importance of lawful procedures in Occupational Health and Safety Act (OHSA) inspections. The case involving Truworths Limited has highlighted critical aspects of compliance and the boundaries of authority exercised by inspectors.
Background of the case
Truworths Limited, a prominent retail company, faced contravention notices issued by inspectors under the OHSA. These notices alleged non-compliance with workplace seating regulations, prompting the company to challenge the validity of the inspections and the subsequent notices.
Key findings of the Labour Court
Lack of proper certification
The inspectors failed to produce the legally required certificates of designation as mandated by Section 28(2) of the OHSA. Instead, they presented identity cards referencing the Basic Conditions of Employment Act (BCEA), not the OHSA. This discrepancy led the court to conclude that the inspectors lacked the proper authority to conduct the inspections.
Legal consequences of non-compliance
The court ruled that the inspectors’ non-compliance with certification requirements rendered the inspections and the resulting contravention notices invalid. Without proper certification, the inspectors had no legal authority to conduct inspections or issue directives under the OHSA.
Misapplication of workplace seating regulations
The inspectors imposed their preferences regarding workplace seating without assessing “reasonable practicality,” as required by law. The court found that this approach was flawed and did not align with the legal standards set forth in the OHSA.
Flawed appeal dismissal
The Chief Inspector dismissed Truworths’ appeal by relying on irrelevant considerations and incorrectly placing the burden of proof on the employer. The court determined that this dismissal was improper and lacked a sound legal basis.
Implications for employers
This ruling carries significant implications for employers across South Africa:
Verification of inspector credentials
Employers now have a reinforced right to verify the credentials of inspectors conducting OHSA inspections. Inspectors must possess and present the appropriate certification specific to the OHSA to lawfully carry out inspections.
Ensuring fair application of regulations
The judgment emphasises that inspectors must assess the reasonable practicality of compliance measures rather than imposing personal preferences. This ensures that regulations are applied fairly and in consideration of the specific circumstances of each workplace.
Awareness of legal recourse
Employers should be aware that they have the right to challenge contravention notices that result from unlawful inspections. This case sets a precedent that such notices can be invalidated if proper procedures are not followed.
Conclusion
The Labour Court’s decision in favour of Truworths Limited underscores the necessity for inspectors to adhere strictly to legal protocols when conducting OHSA inspections. For employers, this ruling serves as a reminder to remain vigilant about the legality of inspections and to assert their rights when procedures are not properly followed.
Note: This article is based on the Labour Court’s ruling as detailed in the available case information.