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Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)


General Administrative Regulations, 2003

10. Witness at inquiry


(1) When an inspector is directed to hold a formal inquiry into an incident in terms of section 32(1) of the Act, he or she shall notify the employer or user concerned of the date, time and place of such inquiry.


(2) The employer or user shall forthwith advise in writing those persons who witnessed an incident, the union recognised by him or her and any other person specified by the inspector, of such date, time and place, and that their presence shall be required at the inquiry.


(3) The employer or user concerned shall ascertain which of the persons he or she has advised in terms of subregulation (2) are likely to refuse to attend the inquiry, and shall forthwith advise the inspector of the names and addresses of such persons in for the inspector to subpoena such persons.


(4) A subpoena issued in terms of section 32(2) of the Act shall be in the form of Annexure 2: Provided that, when a subpoena is served personally on a person, the service of such subpoena may be effected by any person authorised thereto by the inspector who has signed it.