From: "Raynard Looch"  
Subject: KLASS LOOCH ASSOCIATES : OHS CHAT & SKINNER
Date: 26 September 2001 08:51 PM

Hi Colleagues

Time for a little OHS Chat & Skinner! I thought I'd give you all a break after those horrible events in New York city and Washington which, in an obscene way, is almost OHS related. In fact it was mass occupational murder! They could easily have targeted  residential areas but went for the workplaces. It's got the aviation industry talking about appropriate precautionary measures to prevent a recurrence. I thought it would be a good idea to pump sleeping gas through the plane's air conditioner after the pilot, locked safely in his cabin, is alerted to a hijack! At least I saw those towers in real life a few times in that great city.

Back to our business. Remember the brainteaser? Whether the dependants of the 11 deceased workers in the Lenasia factory fire have a potential civil case against the Department of Labour, the Minister of Labour, his Director-general and Chief Inspector after the OHS Inspectorate failed to respond to a prior complaints about conditions at the factory?  Well I think, after the Carmichele ruling in the Constitutional Court, that they have a solid case. You will recall that Ms. Carmichele was attacked and raped by a man with a record of sexual offences after he was let out on his own recognisance because the State (allegedly negligently) failed to check his record. The Constitutional Court ruled that she could sue the Minister of Safety and Security, even the public prosecutor. Hier kom n ding! The Lenasia case has , once again, been postponed to 8 January 2002 hopefully, this time, for trial.

I have also been informed that October is COSATU's OHS Awareness Month. I don't know what it entails but a little toyi-toying outside the Department of Labour's office wouldn't be such a bad thing. Perhaps they can all join in. Aren't they all in bed together anyway? They'll also have a genuine excuse this time for not answering their telephones! This tri-partite Alliance still baffles me.

A serious note. People the OHS Act is law. If you have a problem with the law get a lawyer. Ideally a specialised lawyer. Ideally me! It has recently come to my attention that a case has been referred to the Directorate of Public Prosecutions, with a recommendation for prosecution for a section 8 of the OHS Act contravention (which has a maximum fine R50 000 or 1 year imprisonment or both) and the inspector failed to inform all who made statements of their constitutional right to remain silent, not to incriminate themselves, that anything they say may be used in evidence against them and that they have the right to legal representation. That entire investigation will undoubtedly be inadmissible in court and I am busy with it at the moment. (Guys involved, I hope you don't mind me mentioning this matter but it's vital to share such information with our fellow employers).

To all those who are about to attend my final round of seminars for this year. Thanks. Forward this mail letter to your colleagues and tell them to come along. Juliette can give you all the details. She can be contacted at klooch@cybertrade.co.za

The house-of-ill-repute is still functioning across the way from my home for those who are interested. Business seems to have slumped. Less cars outside. Almost forgot to tell you all. We are moving to new premises in December and will have to change telephone and fax numbers but will keep you informed. Getting an ISDN line finally. Our wonderful Webmaster, Craig, says our website is well under construction and he never disappoints.

Then finally. I found a great new OHS site. Try this one out. It's called Business Risk On-line and you can find it at http://www2.businessday.co.za/risk-online/

Stay safe and healthy and, believe me, I have loads more OHS Chat & Skinner for next time. 

Did you guys see my letter in the Star Newspaper of 25 September? I didn't mince my words as usual.

The Devils Advocate