Truworths Limited v The Chief Inspector: Occupational Health and Safety, Department of Employment and Labour and Another

Inspectors from the Department of Employment and Labour conducted inspections at two Truworths retail stores in Kwa Guqa Shopping Mall, Emalahleni, during September and October 2021. They issued Direction Notices: Contravention alleging non-compliance with regulation 8(b) of the Facilities Regulations under the Occupational Health and Safety Act (OHSA), on the basis that seating was not provided at cash desks for employees who worked standing. Truworths appealed these notices to the Chief Inspector under section 35(1) of OHSA, contending that providing seating at cash desks was not reasonably practicable and that seating was available elsewhere. The Chief Inspector dismissed the appeals, relying on Truworths’ alleged failure to show reasonable practicability and deficiencies in its risk assessment. Truworths then appealed to the Labour Court under section 35(3) of OHSA. During the appeal, it emerged that the inspectors could not produce certificates of designation as required by section 28(2) of OHSA.

The appeal was upheld. The decisions of the Chief Inspector were set aside, and the contravention notices issued against Truworths were declared invalid and set aside. No order as to costs was made.

This judgment clarifies that appeals to the Labour Court under section 35(3) of OHSA are wide appeals, allowing full reconsideration of the merits. It affirms the peremptory nature of the requirement that OHSA inspectors be properly certificated, reinforcing legality and accountability in enforcement actions. The case also provides important guidance on the interpretation of 'reasonably practicable' in the Facilities Regulations and limits inspectors’ discretion in issuing contravention notices.