Dear natural and juristic persons

Depending on whether or not you are a Subscriber, it’s your Guardian Angel or Devil’s Advocate reporting on line. And not too much to report. I guess no OHS news is better than bad OHS news? With the exception of perhaps my recent OHS Legislation road show which I thought went off rather well and trust that the delegates thought likewise? I took some photos at the workshops, once again forgetting to haul the camera out in Cape Town, PE and East London. Durbanites can click here and Gautengers can click here for the photos. The Tokyo Room in Sandton was indeed a great auditorium and will have been even more improved before my 20 August Workshop at Barloworld.

Perhaps this OHS deafening silence may be ascribed to the recent departure to the SABC of Dr. Snuki Zikhalala, DoL’s previous Media Liaison Officer or is this OHS lethargy merely because of the cold weather or school holidays? There certainly have been no interesting court cases with an OHS slant recently in the Law Reports. I think things will change soon when NEDLAC is presented with new OHS legislation and certain high profile OHS prosecutions may be instituted. (I did contact NEDLAC via their website and I’m optimistic that they will keep informed of developments).

The Hon. Minister of DoL delivered his budget speech last month which was predictably very short on OHS matters (a few lines and I quote……….’Madam speaker, you will remember that in the not-too-distant past when our inspection services were under severe pressure, I declared that we are willing and we have the capacity to enforce the laws we administer. I am happy to report that the work and visibility of my inspectors have raised awareness among workers and employers to unprecedented levels. The number of inspections conducted by 805 inspectors in 2003 is 187,187 compared to 87, 815 inspections for 2002. These inspections are aimed at both Education and Enforcement such that eventually we reach a stage of self-regulation with the employer and employee both fully aware of their rights and obligations'. That’s the sum total. The problems surrounding the SETA’s seemed to his pre-occupation. Nothing about proposed new OHS legislation or the merging of the various ‘Labour’ Law Enforcement Agencies. For full text click here.

We have had our fair share of (media coveraged) incidents though since we last chatted, some unfortunately fatal and others having more nuisance value. You can access the coverage on my news page by clicking here. More bridges have collapsed, prompting DoL’s Enforcement & Inspection Service to serve more prohibition notices. We now have three bridges under scrutiny. Injaka, Coega and very recently, the Cleveland interchange in Johannesburg. I was perplexed to hear the new DoL Media Liaison Officer quote the Basic Conditions of Employment Act on Radio Highveld as the primary legislation to be scrutinised after the accident occurred and then almost casually make reference to the OHS Act. I guess it confirms what I have always said about DoL’s fixation with ‘other’ labour law to the detriment of OHS matters. DoL is, after all, run by former COSATU members. Or is the entire economy? Unions have, in my view at least, traditionally been slow regarding OHS matters preferring to pour their resources and energy into other more socially popular ‘labour’ law issues. This is reflected within DoL itself.

And while on the subject of bridges, you all know that the full transcript of the Injaka Bridge Formal Inquiry with Inspector’s Report does appear on DoL’s website. For academic case study purposes however, I have a summarised version of the Inspector’s Report on my website which you access by clicking here. Despite their names already being in the public domain, I have deleted all references to natural persons. I just feel more comfortable that way as these individuals (and companies for that matter) have not been charged and if so, are presumed innocent until proven guilty in court.

My fascination with the Injaka case lies in the nature of the recommended charges under the OHS Act particularly as they are largely construction related yet preceded the Construction Regulations of 2003 by many years. At my workshops I use the example set in the Inspector’s Report to highlight the fact that we have always had OHS construction law, albeit as a skeleton in the form of section 8, section 9, and particularly section 37 and section 10 (as well as the now many repealed) General Safety Regulations to name just a few provisions. The Construction Regulations, which I’m told may be revisited and diluted, merely gave flesh to that skeleton. (I will keep you all informed of developments regarding the possible changes to the Construction Regulations and also dissect the changes at my forthcoming workshops). The inspector has recommended charges of contravening section 38(2) also be instituted for the negligent injury to persons during the collapse of the bridge. Now that subsection is quite fascinating in that, together with section 86 of the MHS Act, it constitutes an entirely new crime and was the charge used in State v. Lambert in 1996 to imprison someone for 2 years as a first offender. It is an offence that it seldom used and not actually understood by many. Section 86 of the MHS Act requires the injury to be a serious (negligent) injury while the OHS Act does not stipulate the nature / severity of the injury. Let’s see what the new Act will say. (This crime is unique to OHS legislation. Negligent driving, a crime in terms of the National Road Traffic Act punishes the driving which need not result in injury).

To provide clients, in particular my Subscribers, with an improved faster service, I have gone totally ‘Draadloos en Mobiel’. No, I have not decided to become a eunuch! It merely means for you guys in KZN who cannot speak die taal that I am now ‘Wireless & Mobile’. I can be reached via e-mail where ever there are hotspots or cellphone coverage and naturally via the traditional ways too. I’m telling you this because I do encourage persons to e-mail me as opposed to phoning or faxing me at the office. Phoning on my cellphone or using e-mail merely ensures that you will get hold of me sooner.

I also encourage persons to register for workshops on line not only because it generates an instant 10% discount per delegate but also because I can access it while on the move.

Click on http://www.klasslooch.com/2004_june_sem_booking.htm to register for my 20 August workshop in Sandton. 10% discount per delegate). Also Group discounts. (We may know about the proposed new OHS legislation and the new ‘Labour’ Law Enforcement Body by this time). Additional Subscriber discount 20% to 25% per delegate depending on the status of your Subscription).

Click on http://www.klasslooch.com/nov_open_sem_booking_2004.htm to register for my swansong November workshops. (10% discount for On-Line Registration and a whopping additional 15% discount per delegate if you book and pay before end August 2004). Also Group Discounts. (We should know about new proposed OHS legislation and the new ‘Labour Law Enforcement Body’ by then). Additional Subscriber discount. (GOLD can earn 50% per delegate on this basis).

More information at http://www.klasslooch.com/june_sem_info_2004.htm

My thanks to RAND REFINERY and BABCOCK AFRICA SERVICES for coming aboard as Subscribers and welcome to all newcomers. I did say that these newsletters get quite risqué but thought I’d break you in gently with a tame one! Also to those who utilised the 25% discount to upgrade to Gold.

Click on http://www.klasslooch.com/ohs_chat_&_skinner_June%202004.htm for previous newsletters or go the relevant menu on my Homepage.

Folks we finally reached over 300 000 hits to our website at www.klasslooch.com . I would like to encourage you to visit it regularly as we use the website to paste various notifications relating to my activities such as travel, leave etc. as well as general OHS news gathered from various websites, OHS orientated court cases and, naturally the Password Blocked Folders for the exclusive use by Subscribers.

If you receive this newsletter twice please inform me by clicking here. I am busy refining my Newsletter Distribution List and it ain’t an easy job. You may forward this newsletter freely within your organisation or even to friends within other organisations. Hit that ‘Forward Button’, that’s why you have it. If you would like to receive it click here and we will place you on our Distribution List. (I also have many incorrect or redundant e-mail addresses which bomb out immediately).

Click here for List of Subscribers.

Your Devil’s Advocate

PS. Did you hear about the dyslexic Satanist?

He sold his soul to Santa.

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