NOH&S Bill, 2005. Section 29 Employer to investigate accidents and other occurrences

Every employer must –

conduct an investigation into every –

accident that must be reported in terms of this Act;

serious illness;  and

health-threatening occurrence;

on completion of each investigation, prepare a report that –

whenever possible, identifies the causes and the underlying causes of the accident, serious illness or health-threatening occurrence;

identifies any unsafe conditions, acts, or procedures that contributed in any manner to the accident, serious illness or health-threatening occurrence; and

makes recommendations to prevent a similar accident, serious illness or health-threatening occurrence;

consult the health and safety committee on investigations in terms of this section;

conduct the investigation in co-operation with the health and safety representative responsible for the working place in which the investigation takes place;  and

deliver a copy of the report referred to in paragraph (b) to the Authority and to the health and safety committee.  If there is no health and safety committee, the employer must deliver a copy of the report to the health and safety representative responsible for the workplace concerned.

If there is no health and safety committee at a workplace, the consultations required in terms of this section must be held with –

the health and safety representatives;  or

if there is no health and safety representative at the workplace, with the employees.

An investigation in terms of sub-section (1) must be commenced as soon as practicable after the accident or occurrence being investigated and must be completed within 30 days or such longer period as the Authority, on good cause, may permit.

A report prepared by an employer in terms of this section may not, without the employer’s consent, be used as evidence in any civil or criminal proceedings concerning that accident, illness or occurrence.