Dear Colleagues

A big healthy welcome to all newcomers to this newsletter. Hopefully all you OHS Chat & Skinner virgins would by now have accessed the folder on my Website and gauged what it is all about. You would also have noticed that some of the newsletters are quite controversial – I’m told. Essentially the content is dictated by my mood which in turn is influenced by external factors such as the silly mutterings of politicians and the like! I also have a few pet targets and intent having a go at them in this newsletter (again). So old-timers bear with me.

But firstly, I would like to thank all those who attended our June workshops. I was particularly pleased by the turnout as I am competing with a whole (w)hor(d)e of other people and organisations who offer workshops on the OHS Act. I like to think that I employ a different or unique angle and naturally my workshops are geared to help employers cushion their potential liability in terms of the (OHS & MHS) Acts in the face of a barrage of propaganda emanating from DoL. I don’t have a gripe with DME incidentally. Yet. My Johannesburg show could have gone better to say the least. I think I tried to cram too many people into the venue and those in the back rows felt left out then became restless and even rebellious! It was also my debut with new material. The trick is obviously not to be greedy and to limit the numbers for Johannesburg as we intend doing for 8 August and 28 November. After Jo’burg it was a breeze and I resorted to my usual slick and sleazy performance which was enhanced by my (vibrating) cell phone…….as those in attendance all witnessed!

But back to targets. DoL is working on my nerves again. This whole ‘kragdadigheid” approach is lost on me. I resent all the threats emanating from that quarter and know that it is a mere smokescreen to hide that department’s huge OHS shortcomings. While much of DoL’s performance is to be lauded, it’s laudable accomplishments pertain to other socially popular pieces of legislation and always at the expense of OHS which barely survives in the dark deep shadow of the Labour Relations Act, Employment Equity Act and the like. Oh to have an OHS Court along the lines of the Labour Court! I also find it very unbefitting a politician to routinely pronounce judgement on every workplace single isolated incident which has been reported in the media – and always upon employers. What happened the concept of sub judice? See ‘Tank death employers warned’. My website is full of other examples of this unnecessary pontificating to a political constituency. Remember when workers were exhorted to refuse to do hazardous work after an incident in KZN? Where would we be if everyone refused to do hazardous work? Also visit my dedicated DoL page for more. Or is there a new unwritten presumption that all employers are presumed guilty of a crime every time a workplace incident occurs? And then the contradictions. Firstly we are told that workplace carnage must end, only to be complimented at a later stage on our OHS compliance levels. All these pronouncements are to be found on the DoL page. Are employers in this country OHS sinners or saints? Farmers, as in Zimbabwe, remain targets. Not only for DoL but also criminals. At least here the criminals aren’t ZANU PF…………But isn’t silence equal to (ac)complicity. Remember Pope Pius and the holocaust. See MNET’s Carteblanche “A Bloody Harvest” of 29 June 2003. Something sinister is going on.

Those of you who have accessed the website recently would have seen the fascinating case of Van Zyl NO v Kiln Non-Marine Syndicate No 510 of Lloyds of London on the homepage. Although the concept of ‘wilful exposure to danger’ is not new, it has been regurgitated in the Supreme Court of Appeals. The case deals with an insurance policy but can be used in certain circumstances very successfully by employers in OHS civil suits against them and also has compensation implications. I intend expanding fully on this case in the exclusive (Gold) Subscriber Newsletter. (The full text of the case can be accessed by all Subscribers off the website). Potentially it impacts upon any workplace incident where alcohol is involved. If you are over the statutory acceptable blood/alcohol level and you are involved in an accident, your conduct becomes wilful. (The court ruled that wilful does not necessarily mean intentional / deliberate (opsetlik) but rather a perverse acceptance that harm may come your way if driving (operating machinery or merely working) while intoxicated or over the legal blood/alcohol limit).

And speaking of Subscribers. Welcome aboard ESKOM and CAPE GATE (PTY) LTD. And hopefully soon that employer in PE who indicated at my workshop that they would go for Gold. I’ve forgotten who you are. Please contact me.

I hope shortly to share another interesting case with you but, unlike my politician colleagues, I will adhere to the sub judice principal. It involves a prosecution for culpable homicide and other charges in terms of the OHS Act where the prosecution has decided to prosecute despite a negative recommendation from the inspector of DoL who investigated the fatal workplace incident.

Johannesburg August workshop is almost full. Still 10% discount for on-line bookings. Book and pay before end July and get 20% discount for November workshops. Subscribers, you can enjoy up to 45% off.

We have been renovating our website and apologise for all those severed hyperlinks. They are all restored.

I’m off to go stock up on no-name-brand sardines at the Pick n Pay in the West Rand.

As usual.

Your Devil’s Advocate!