Amended Occupational Health and Safety Act
35. Appeal against decision of inspector
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.
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