From: "Raynard Looch"  
Subject: KLASS LOOCH ASSOCIATES: CHAT UPDATE.
Date: 21 June 2001 05:33 PM

Dear Colleagues

A note to thank all those who attended the seminars in Johannesburg, Durban, Cape Town and Port Elizabeth. Captonians, I take it all back about "Kaapstad" being "Slaapstad'! You can gave me a rough time. Guess you guys wanted your pound of flesh? Not that the delegates in the other centres took a back seat. 

I really hope you guys leant something. The OHS Act has been pretty static of late and it's tough to "entertain" delegates, especially such diverse groups. The in-house seminar is invariably more effective although there is alot to be said about cross-pollination at open seminars.

Since we chatted, the Minister of Labour has been forced to concede in question time in Parliament (thanks Nick) that the inspectorate or Inspection and Enforcement Service, as they are now known, has huge backlogs and other problems. I won't bore you with the stats but they are scary. (You will recall that the Director-general of Labour dismissed the backlog crisis as a statistical aberration)! Heads should roll.......! The question no-one seems to want to answer is how they are going to address this crisis.  Another scary revelation was that most OHS inspectors are totally unqualified for their jobs in conflict with their own Public Service Codes. 

Other news is that I am meeting with the Chief Inspector - on her invitation - on 3 July 2001. If any of you want me to raise issues please mail me. (Jo take note)! Should I drink the tea? You know I am a thorn in their side.

A more serious note. The accused in the Lenasia case are back in court on 10 July. Charged with 11 counts of culpable homicide. Invariably they will be charged in the alternative with contravention section 8 (Failing to provide employees with a safe and healthy work environment) and General Safety Regulation 4 (Use and Storage of Flammable Liquids) of the OHS Act. I don't want to prejudge the case but I think the accused should pack for P and that stands for Prison not Perth.

It has also come to my attention that it's "unofficial" policy for the inspectorate to fast-track investigations into incidents that "enjoy" media glare. This is a totally unacceptable practice and must be exposed as it is discriminatory. I have also encountered recently intimidatory tactics by the inspectorate in an attempt to bully employers into investigations to satisfy the media. Remember you have entrenched constitutional rights which provide, amongst other things, for you to have legal representation at any inquiry or investigation held by the inspectorate and the date for them cannot unilaterally be determined by the inspectorate!

Another issue which I feel strongly about is access to the inspector's report to the Director of Public Prosecutions after an investigation or inquiry into an incident. I feel that in terms of the Promotion of Access to Information Act we are entitled to those reports from the inspectors themselves the moment they are ready.There appears to be no uniformity in this regard, with some inspectors furnishing them and others refusing. I will raise this with the Chief Inspector next month.

Then finally. We are constructing own inter-active website! A dotcom nogal I'm told! For those of you who have purchased our Guideline to the OHS Act, we intend to cyber-transform it. ( I have never been happy with its expensive format). We hope to offer on-line subscription to updates and various other on-line products and services. We will send out notifications in due course.

Stay safe and healthy.

Your Devils Advocate