From: "Raynard Looch" Subject: KLASS LOOCH ASSOCIATES : OHS CHAT & SKINNER : "THE END IS N***!" Date: 29 July 2002 09:31 AM Well folks, I'm at it again. You only have to live with me for another 17 years as that's when they predict an asteroid will smash into the earth. So the end is nigh...or as Pieter Dirk-Uys says n***! Funny what a furore that word has caused and, if I remember my Afrikaans correctly, it means to sew (clothing). It's a Sunday night and I have just scoured all the newspapers to find things of OHS interest to share with you. I came across a very interesting article by Terry Bell entitled "Compensation law favours employer over injured staff" which I will scan into my computer for Subscribers only. Sorry. You have to pay for my (scanning) time! I think we were all relieved that those 9 miners in Pennsylvania were rescued safely and horrified at that terrible air crash at the air show in the Ukraine which killed 83 spectators, injuring many others. (Lot's of tragedies in the Ukraine of late)! Of real OHS interest to all is the publication on the Department of Labour's Website of the Injaka bridge inquiry WITH the inspectors' recommendations for prosecutions! Which, I assume, is a positive response to my letter to the Department requesting that these reports to made available to us! Okay, it' not fun to have your or your company's name linked to a recommendation for prosecution in terms of the OHS Act and splashed all over the Internet the world to see, but remember, they are merely recommendations. Prosecutions may follow, depending on the decision of the Directorate of Public Prosecutions. In many countries convictions in terms of their OHS legislation is published on the Internet for the world to see! My request was for a more confidential approach and I cannot see it now being denied. See www.klasslooch.com and click on the button "OHS matters of concern" to your left. The Ijaka Bridge (collapse) inquiry can be accessed off my Website or www.labour.gov.za A niggling problem that just won't go away is the so-called appointments in terms of section 16(2), Folks, I maintain that I am correct in advocating the devolution approach as nowhere in that subsection is the word "delegate" used! It's not even a written appointment. Time to stop flogging that dead horse. Do what works for you and don't tolerate inspectorate interference. It's an in-house arrangement and has nothing to do with the inspectorate! Those of you who are stuck in the "Delegatus non delegare potest" mud, buy yourselves and four wheel drive. Ask for 50% discount. Our friend Yengeni had the gutspah to do it, why can't you? But then again look where it got him. This is a quickie, essentially to bring to your attention the Injaka bridge inquiries publication the Internet, which I believe is ground-breaking and I feel the urge to congratulate the Department of Labour, in particular Mr Larry Kloppenborg, who is one of the few public servants who listens to the public and understand the meaning of transparency. As always. The Devil's Advocate -------------------------------------------------------------------------------------------------------------------------------------------------- This electronic communication may contain privileged and confidential information and is destined solely for the addressee(s). If it inadvertently reaches you, kindly forward to the addressee(s) or delete the mail. The author accepts no responsibility or liability for such an occurrence. raynard@klasslooch.com KLASS LOOCH ASSOCIATES PO Box 40 Melville 2109 Visit www.klasslooch.com & subscribe! Tel 0117267839 Fax 0117266463 Cell 0825749882