Sections
Home   About Us | Contacts | Services | Media Desk | Tenders | Vacancies
Site Map
Personal tools
You are here: Home Legislation Acts Occupational Health and Safety Read online Amended Occupational Health and Safety Act
Document Actions

Amended Occupational Health and Safety Act

by Lloyd Ramutloa last modified 2010-08-31 02:53

35. Appeal against decision of inspector

Occupational Health and Safety Act (No. 85 of 1993 )

35. Appeal against decision of inspector

(1)           Any person aggrieved by any decision taken by an inspector under a provision of this Act may appeal against such decision to the chief inspector, and the chief inspector shall, after he has considered the grounds of the appeal and the inspector's reasons for the decision, confirm, set aside or vary the decision or substitute for such decision any other decision which the inspector in the chief inspector's opinion ought to have taken.

(2)           Any person who wishes to appeal in terms of subsection (1), shall within 60 days after the inspector's decision was made known, lodge such an appeal with the chief inspector in writing, setting out the grounds on which it is made.

(3)           Any person aggrieved by a decision taken by the chief inspector under subsection (1) or in the exercise of any power under this Act, may appeal against such decision to the industrial court, and the industrial court shall inquire into and consider the matter forming the subject of the appeal and confirm, set aside or vary the decision or substitute for such decision any other decision which the chief inspector in the opinion of the industrial court ought to have taken.

(4)           Any person who wishes to appeal in terms of subsection (3), shall within 60 days after the chief inspector's decision was given, lodge such appeal with the registrar of the industrial court in accordance with the rules of the industrial court.

(5)           An appeal under subsection (1) or (3) in connection with a prohibition imposed under section 30 (1) (a) or (b) shall not suspend the operation of such prohibition.


<<Table of Contents



Copyright ©2012 The South African Department of Labour:
Home | Disclaimer | PAIA | Privacy PolicyWebmaster