From: "Raynard Looch Subject: KLASS LOOCH ASSOCIATES : OHS CHAT & SKINNER Date: 11 August 2001 02:08 PM Dear Colleagues Time for a little OHS chat and skinner! Since we last chatted, I have written and spoken to Faiza Salie, Chief Director, Occupational Health & Safety Inspectorate (OHS) or Inspection and Enforcement Service as they are now known, once again highlighting the negative impact that the current malaise they find themselves in has upon everyone. I decided that being a vociferous critic all the time must become pretty tedious for them and so I faxed her a 15 point suggestion which I think could be their salvation vis-a-vis the huge backlogs of uninvestigated fatal workplace incidents. (853 fatals and 4856 non fatals by June 2001). More about that another time but it involves the co-operation of the Department of Justice. So I despatched the same suggestion to the Chief Director of Court Management at the Department of Justice. My bubble was burst, however, when an impeccable source within the Inspectorate informed me that Government Departments seldom co-operate with each other! Well at least I'm trying to be constructive. I can hear you all groan at the mention of the word "backlogs", but as I'm typing I am involved in a matter which has festered since June 1998 and we are finally going into a section 31 investigation at the end of August 2001. Since the incident, people have retired, moved on, died, etc. but, in this instance, we may have to go to considerable expense to fly in a retired person to testify. Had this investigation taken place earlier, we would not only have avoided this unnecessary expense plus we would also not have to strain our memories! Of course there are instances where we can exploit the situation and let the matter ride until we all have departed to that great big (work?)place in the sky. Not too much happened otherwise. July/August being another silly season of strikes and wage negotiations. I wish COSATU and its affiliates would put all that toyi-toyi energy into applying pressure of the Government to get its OHS act together. (Excuse the pun)! But, alas, when you are in bed with the Government what can one expect? More about beds later....... The Ellis Park Inquiry seems to implicate nearly everybody! Recriminations abound. A few tributes. To those wonderful woman in the health and safety arena, I hope you enjoyed your special day on 9 August. As that fabulous woman, the Iron Lady once said, "In politics if you want anything said, ask a man. If you want anything done, ask a woman." Another tribute to all those OHS organisations, institutes and practitioners who carry the flag while the State fiddles. Keep up the good work. I'm hoping that ultimately that we can use my client base and the influence it affords me, to join forces to create a powerful lobby group which cannot be ignored or humoured. What really tickles me is the media frenzy surrounding the changing of the names of two streets in Cape Town while the OHS Inspectorate of the Department of Labour steadily and unaccountably stagnates. This, while purporting to represent the (OHS) interests of the worker and its Director-general pulling a fast one on everyone by denying that a backlog even exists. Only to be contradicted by his Minister in Parliament. And he is still around! Perhaps he should explain to all those affected by these backlogs why, for years on end, their departed loved ones' estates aren't wound up and why insurance payouts are held up. I detest hypocrisy! There are some basic human rights violations here in my opinion. Why no Commission of Inquiry? Mr Heath please.........stop messing around with street names while there are some real issues out there. On a lighter note. An interesting development on the occupational hygiene front is that I believe a brothel has opened up for business right across from my home. Now I need to know whether you want me to go check whether they comply with the OHS Act? Perhaps General Safety Regulation 5 applies (Entitled "Work in Confined Spaces" but in reality regulates entry into confined spaces)? I assume I will get quite a response to this mail as many of you (men) will surely want the address? Perhaps at a fee? That's not pimping is it? Call me stupid but I couldn't figure why there were so many cars parked outside my home. Lots of Mercs. A few Yengenis too. (Sorry Daimler-Chrysler guys, you are used to publicity by now)! Of course I don't approve, being the moral upright citizen that I am. If they get caught I'm sure they'll get stiff sentences as brothels are still illegal. The high court ruling on sex workers merely highlights the discriminatory nature of the fact that the payee is the criminal while the payer is not. And now for a brain teaser. If employers are legally compelled in terms of the OHS Act to ensure that they have a safe and healthy working environment and the State has a constitutional obligation in terms of section 24 of the Bill of Rights to provide everyone with an environment that is not harmful to their health or well-being and the State fails to enforce the OHS Act via the OHS inspectorate, is the State flouting the Constitution? Statistics show that a mere 13 cases out of 5909 reported incidents were referred to the Director of Public Prosecutions over a six month period! Another one. Would you say that the dependants of the 11 workers who burnt to death at the ESSCHEM factory in Lenasia (after they were allegedly locked inside) have a case against the State, considering that the Inspectorate failed to respond to an earlier complaint about safety conditions in the factory? Folks, I would really appreciate it if you hit that forward button and let this mail reach all corners of the country. Persons who want to be on my database can send a blank e-mail to klooch@icon.co.za entitled "OHS Chat & Skinner". Those who wish to unsubscribe, I won't be offended. Just send me a blank e-mail entitled "Unsubscribe". (I know that some e-mail addresses belong to persons who authorised other persons to attend my seminars and they may have no real involvement in OHS matters). Speaking of seminars, I'm hitting the road again. Spread the news. Contact Juliette at klooch@cybertrade.co.za and she will provide the necessary information. As you also know, we are cyber-resurrecting our Guideline to the OHS Act, with updates, newsletters and case studies and Juliette is busy updating that database. If you are interested in this product, please send a blank e-mail to klooch@cybertrade.co.za entitled "Guideline". Since many of you justifiably complained to me about the unresponsive nature of the Department of Labour, the Compensation Commissioner in particular, my next OHS Chat & Skinner will address this problem as we explore the Promotion of Access to Information Act and its ramifications. This e-mail represents the personal views of Raynard Looch and hopefully offends those who deserve it! Regards The Devils Advocate.