1.1 Briefly discuss the steps or procedures that must be undertaken by an inspector when an
incident has resulted in serious injury or death of an employee.
When an incident results in serious injury or death, an inspector is required to follow a specific
procedure. This process is aimed at establishing the facts, determining if there was a contravention of
the law, and facilitating potential legal action.
The key steps for the inspector are as follows:
Discretionary Investigation: In terms of section 31 of the OHSA, an inspector has the discretion
to conduct an investigation into an incident that has resulted, or could have resulted, in injury,
illness, or death (OHS2601, Study Guide, p. 34).
Compilation of a Report: After completing the investigation, the inspector is legally obligated
to compile a detailed written report. This report must be accompanied by all relevant
statements, documents, and information gathered during the investigation (OHS2601, Study
Guide, p. 34).
Submission of the Dossier: The inspector must submit the report and the supporting documents
to the Director of Public Prosecutions (DPP) within whose area of jurisdiction the incident
occurred. A copy of this report, statements, and documents must also be submitted to the Chief
Inspector (OHS2601, Study Guide, p. 34).
Content of the Report: The report (or dossier) must contain specific information.
According to the study guide, this includes:
The name and identity number of the injured/deceased person.
The name and address of the company or liable person(s).
The date and place of the incident.
A clear, brief description of the incident.
A description of the contraventions of the Act and its regulations to substantiate possible
prosecutions.
Any previous convictions.
What precautionary measures, if any, have been taken since the incident (OHS2601, Study
Guide, p. 35).
Role of the DPP: Upon receipt of the inspector's report, the Director of Public Prosecutions
must handle it in accordance with the Inquests Act (if death occurred) or the Criminal
Procedure Act, which will determine whether a prosecution should follow (OHS2601, Study
Guide, p. 35).