Protection of Businesses Act, 1978
R 385
National Health Act, 2003 (Act No. 61 of 2003)RegulationsProcedural Regulations Pertaining to the Functioning of the Office of Health Standards Compliance and Handling of Complaints by the OmbudChapter 3 : Inspectors and Inspections14. Inspection process |
| (1) | Upon arrival at the premises of the health establishment, the inspector must clearly identify himself or herself to the person in charge by presenting— |
| (a) | a notice of inspection, referred to in regulation 13(1), if applicable; |
| (b) | a certificate of appointment as an inspector, issued in terms of section 80(3) of the Act; and |
| (c) | an entry and search warrant issued in terms of section 84(5) of the Act, if applicable. |
| (2) | During an inspection, the health establishment must make available the necessary staff, resources and space to allow inspectors to complete the inspection in a timely and expeditious manner. |
| (3) | An inspector may question any user, occupant, health care personnel or any person on the premises of a health establishment about any information that is relevant to the inspection, or require the person in charge to produce any document, record or material for inspection. |
| (4) | The person in charge may provide the inspector with any relevant information, documents, records, objects or materials for the inspector’s consideration during the inspection visit. |
| (5) | Within 20 working days of the completion of the inspection, the inspector must provide his or her preliminary findings to the person in charge in writing. |
| (6) | The preliminary findings must— |
| (a) | identify the main areas of non-compliance with norms and standards; |
| (b) | set out the consequences of non-compliance, contemplated in section 82A(2) and (4) of the Act; and |
| (c) | set out the steps that must be undertaken to achieve compliance and timeframes for corrective action. |
| (7) | The inspector must provide the person in charge not more than 20 working days to respond to the preliminary findings in writing. |
| (8) | Within 20 working days of receipt of the response contemplated in sub-regulation 7, the inspector must consider such response and issue a final report to the person in charge. |
| (9) | After issuing a final report contemplated in sub-regulation 8, the inspector— |
| (a) | may recommend to the Office the issuing of a compliance certificate to the health establishment, in terms of regulation 18(2); or |
| (b) | must issue a compliance notice to the health establishment, in terms of section 82A(1) of the Act, if any norms and standards have not been complied with. |
