Labour Inspectors of the Department of Labour visit workplaces from time to time to check the level of compliance with labour legislation.
Should you have employees, even if it is only one person, you are required by law to adhere to the requirements of the relevant legislation. To complicate matters, in South Africa labour matters are regulated by various laws.
The Department of Labour has the authority to enforce labour law and to conduct regular inspections of the workplace to ensure compliance.
Inspectors from the Department of Labour are appointed in terms of section 63 (1) of the Basic Conditions of Employment Act, 75 of 1997, as amended to monitor and enforce the following legislation:
- Basic Conditions of employment Act, 75 of 1997
- Compensation for Occupational Injury and Diseases Act, 130 of 1993
- Occupational Health and Safety Act 85 of 1993
- Employment Equity Act, 55 of 1998
- Unemployment Insurance Act, 30 of 1996
Non-compliance can have a severe financial impact on a business, exposing the business to unnecessary risk.
Employers who fail to comply with legislation constitute a criminal offence. Employers would like to comply with all provisions set out in the labour legislation but are not always sure on which areas to focus.
In order to assist the employers they have compiled a form with the aspects the Inspectors will be checking namely:
- Are you registered with the Compensation Fund?
- Are you registered with the Unemployment Insurance Fund?
- Do you have a copy of the Occupational Health and Safety Act and the relevant Regulations on the premises and is the Act and the Regulations available to the workers if they want to read it?
- Do you display the Summary of the Basic Conditions of Employment Act?
- Do you display the Summary of the Employment Equity Act?
- Have you appointed Health and Safety Representatives?
- Have you established Health and Safety Committees in your workplace?
- Are you and your workers trained to recognise health and safety problems?
- Are moving parts like drive belts and chains guarded?
- Are chemicals used safely and stored in a safe place?
- Are emergency exits clearly marked and easily accessible?
- Are fire extinguishers accessible and serviced regularly?
- Are flammable materials stored and used correctly, for instance not near fires?
- Do you have fully equipped first aid boxes on the premises?
- Are all electrical wires insulated and proper plugs used in your workplace?
- Do you report injuries at work to the Department of Labour?
- Do you have clean and hygienic toilets and washing facilities provided for males and females?
- Do you have an attendance register at your workplace?
- Information about remuneration. This is the employee’s salary advice, which will be inspected to see if the employee is being paid the minimum wage and if the employee is paid in accordance with the hours and overtime worked as per the attendance register.
Visit our website DOWNLOADABLE DOCUMENTATION section to download a full checklist to ensure you are ready when a Labour Inspector arrives at your door: https://www.cofesa.co.za/documentation-downloads/
BUSINESS OWNERS NATIONWIDE CAN CONTACT COFESA FOR ASSISTANCE
011 679 4373 | 082 656 4957 | email@example.com
Source: Department of Labour www.labour.gov.za | Basic Conditions of employment Act, 75 of 1997