OHS CHAT

Once again without any publicity or fanfare a set of regulations quietly slipped into force. Not a particularly complex set of regulations and, in fact, almost identical to the regulations that they replaced. The Facility Regulations 2004 are now law. Those of you who were in compliance with the former set of regulations will undoubtedly automatically be in compliance with the new regulations. Providing employees with toilet paper or one of those ‘blowing things’ is a start. Although sometimes I feel that those ‘blowing things’ are noise zones in themselves. ACSA take note! Also note that the temptation to descend into toilet humour has been strongly resisted.

Essentially all the Facility Regulation 2004 needed was some tweaking to bring them in line with the OHS Act where there has been a move away from the term High Risk Substances to Hazardous Chemical Substances and Hazardous Biological Agents. Both are indirectly defined by cross reference to their definitions in their respective regulations. Employers have a duty to protect persons in change rooms and dining rooms against exposure to these substances and other material which could cause harm. The word ‘factory’ has been replaced by the word ‘workplace’ and another gender included in all references to employees.

Initially I was going to be spiteful and only allow Subscribers access to the new Facility Regulations but I have relented and am attaching them hereto in Adobe Acrobat Reader format for all to see. (I hope you intranets won’t bomb it out)! This generosity comes at a price. I want each and all of you to persuade your colleagues to attend my swan song round of workshops which kick off in Durban on 23 November and conclude in Sandton on 26 November 2004. In fact I have attached some documents for this purpose.

You can also book On-Line by clicking on http://www.klasslooch.com/nov_open_sem_booking_2004.htm

If you book and pay before the end of September 2004 you can earn 15% discount per delegate and if you do it On-Line and earn and further 10% discount per delegate. That’s a whopping 25% per delegate and excludes Subscriber discount. A Gold Subscriber will earn as much as 50% discount per delegate.

On the OHS news front it has been quite an eventful coupled of days. Another tragic disaster in Secunda and yet another shopping mall collapsing in Pretoria. I’m surprised all the bridges are still intact! It is interesting to note that the unions have raised their OHS profile lately and are bemoaning their lack of involvement in internal investigations, something that is not specifically provided for in General Administrative Regulation 9 of the OHS Act or even section 11 of the MHS Act. (There is provision for Health & Safety Representative / Committee involvement). But things will change when the new OHS Bill is promulgated for comment next year. In terms of both Acts, the unions must be invited to participate at formal inquiries as Interested Parties.

Speaking of the OHS Bill, which has not been published for comment yet, I believe that there will be some far-reaching changes. I think we can safely (he he) accept that Safety Officers will become compulsory appointments and that the number appointed would depend on the size of the workforce. I hear that the Bill proposes that all fatal incidents will be investigated within 3 months by DoL or the new OHS Law Enforcement Body that will also come into being. I would be lying if I said I knew much more. I have a good inkling though.

Another interesting phenomenon. DoL has awarded the tender for section 31 investigations and section 32 Formal Inquiries to two independent companies. The provinces covered by these two companies are Gauteng, North West, Limpopo, Mpumalanga and the Eastern Cape. I had my first experience with one and was pleasantly surprised by their performance. I think there are tasked to first tackle the backlogs. I notice that they are asking for an Employer Summary upfront and those of you who have attended my workshops will know that I am a disciple of the Employer Summary Approach.

You will recall that I asked you to vote whether the Director-general of the Department of Justice should go to jail if convicted for either obstructing the course of justice or failing to heed a prohibition notice which was served on the Pretoria Magistrates courts. Well. You are not a compassionate bunch! Everyone voted for jail. I still have the article on my home page at www.klasslooch.com . Apparently he has asked for a postponment to challenge the case. I’ll keep you briefed of developments via newsletter or I’ll post something on my website when it becomes available. Click here for that newsletter.

Remember to wash your hands regularly.

As always.

Your Devil’s Advocate

Some definitions.

ARCHITECT: Someone who was neither macho enough to become an
engineer nor gay enough to become a designer.

TEAMWORK: The possibility of putting the blame on others.

DANCING: The vertical frustration of a horizontal desire.

STATISTICIAN: Someone who is good with numbers but lacks the
personality to be an engineer.

PESSIMIST: Optimist with experience.

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