OHS Chat

I guess by now you have all perfected your vuvuzela talents, nursed your hangovers and am finally doing some work. Or is it nursing your vuvuzelas and perfecting your hangovers? If you don’t know what a vuvuzela is then you had better go and look it up un the dictionary as the 2010 is just around the corner. And speaking of our successful bid for the soccer World Cup, you guys in the construction industry must be salivating at the prospect of getting involved in the upgrading and building of new infrastructure. The hospitality industry is definitely over the moon and I’m sure it will have positive spin-offs all round. That Feel Good Factor also translates into money I’m told. As long as we don’t screw up particularly as regards crowd control. Despite the Ellis Park disaster we are still experiencing some serious scares. The crush at the Union Buildings on 27 April and then again at Brenda Fassie’s funeral both which resulted in persons being hospitalised, are very recent examples. But then again entrance was free of charge!

On the skinner side, Advocate Rams Ramashia, the (former) Director-General at DoL has resigned and taken a job at BP. He reportedly clashed with the Minister of DoL with rumours bubbling for a long time about his imminent departure. Another shining example of sound labour relations within DoL itself. Dr Vanguard Mkosana has taken up his post. He, in turn, hails from COSATU. I’ve met him, he’s a nice guy and perhaps now is the time to take him up on his offer when he stated "Our inspectors are also willing to assist factory owners in achieving compliance with OHS regulations. Should any owner or manager have concerns that they are not compliant, please contact the Department of Labour's offices in your region and we will assist you". While I don’t doubt his sincerity and have always felt that inspectors should not only be seen to be part of the prosecutorial side of things, I think it’s highly improbable that any assistance will be forthcoming. The three factors that dictate against it are backlogs, backlogs and backlogs. Throw some lethargy and inexperience into the mix……….

I should imagine that his term as DG will see some OHS challenges since, if he lasts long enough i.e. gets on with the Minister, it should coincide with the amalgamation of the various labour law enforcement agencies. (Inspection & Enforcement Service of DoL, Mine Health & Safety Inspectorate, Department of Health) Also new OHS legislation as per the Benjamin Greef Report. When the new OHS Bill is published for comment, we should really utilise that window of opportunity to try and influence the legislation. I personally would like to see time frames attached to investigations and inquiries by the (new merged) labour law enforcement body, clarity on the procedure at investigations, the explicit and immediate right to inspectors reports along the lines of the MHS Act and I can go on and on. Those of you with clout particularly within NEDLAC or the Advisory Council must not let this opportunity slip by. I personally lament the fact that I cannot advise clients as to what, if anything, will happen post an incident. If employers, in terms of General Administrative Regulation 9 which came into effect on 25 June 2003, can be compelled to commence their internal investigations into certain incidents within 7 days, why can’t the labour law enforcement body also be legally compelled to commence their investigation within a certain time frame so that we know where we stand?

And speaking of delays, I hear that the Compensation Commissioner is going to be slapped with a class action civil suit by the Legal Resources Centre acting on behalf of persons who have been waiting forever for compensation. Apparently the incentive scheme used by that office encourages officials to stay clear of more complicated compensations claims. (The more (easy) claims you process the more (easy) money you make.) Click here for an article by Terry Bell in this regard.

I hope Subscribers enjoyed their Special Subscriber Newsletter on Corporate Privilege. I’m proud of that article but don’t want to blow my own vuvuzela too much. It was tough going as it’s all virgin legal territory. Essentially I explore the privilege that juristic persons (corporate body employers) may enjoy at OHS inquisitorial procedures (section 31 Investigations and section 32 Formal Inquiries) in terms of the Bill of Rights to the Constitution. Non Subscribers can read an extract by clicking here. Oh, did I mention that you also have the constitutional right to have a matter concluded without unreasonable delay? (I believe that right is not limited to persons awaiting trial). The wise persons who drew up the Constitution naturally knew that justice delayed is justice denied and placed a duty on the State to guard against it. Like our right to access information held by the State, I think the right to speedy resolution of judicial matters has yet to hit home.

Now who said I couldn’t be serious?

I’ll be hitting the road on 21 June for my first leg of my OHS legislation road show in Durban until I conclude in East London on 29 June. I’m very happy with the turnout – even in Cape Town where the remaining tahrs still roam free despite Kortbroek – but can still accommodate a bum or two. Some folks have even successfully negotiated a Late Bird Discount so try your luck at http://www.klasslooch.com/2004_june_sem_booking.htm On-Line Registration always carries a 10% per delegate discount. 20% for August in Sandton.

Those who are attending in Sandton can click here for a map.

Welcome to Chemserve for coming aboard as a Subscriber.

Remember folks a Bronze Subscription means that we are dating, Silver means we are going steady and Gold means we are engaged. A retainer is marriage! I await your propositions but I ain’t easy.

I encourage you to forward this newsletter to any interested party. If you want to be on my Distribution List click here.

As ever

Your diehard Devil’s Advocate

PS. One for the ladies this time.

Q. What do you call a handcuffed man?
A. Trustworthy

and

Q. How does a man keep his youth?
A: By giving her money, furs and diamonds.

Visit www.klasslooch.com

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