The National Occupational Health & Safety Draft Bill, 2005

Section 97. Initiating investigations

(1) At any time an inspector may investigate –

(a) any accident or occurrence at a workplace that results in the death, injury or illness of any person;

(b) any occurrence, practice or condition concerning health or safety of persons at one or more workplaces;

© any actual or suspected contravention of, or failure to comply with, any provisions of this Act.

(2) The Chief Executive may instruct an inspector to investigate any matter contemplated by sub-section (1).

Section 98. Chief Executive may designate assistant in investigation

At any time before or during an investigation, the Chief Executive may designate one or more persons to assist the inspector holding the investigation.

Section 99. Duty to answer questions during investigation

Persons questioned during an investigation must answer every question to the best of their ability, but no person is required to answer any question if the answer may be self-incriminating.

Section 100. Reports on investigations

(1) After completing an investigation, an inspector must prepare a written report of the findings, recommendations and any remedial steps undertaken or proposed.

(2) The inspector –

(a) must submit a copy of the report referred to in sub-section (1) to the Chief Executive;

(b) must supply a copy of the report to the employer and to the health and safety representative, health and safety committee, registered trade union or employee that requested the investigation;  and

© may instruct the employer, or other responsible person concerned to prominently and conspicuously display a copy of the report or portion of it for employees to read;

(d) may submit, and if instructed by the Chief Executive, must submit the report together with relevant statements, documents and other information to the relevant prosecuting authority.