Dear Folks

Many of you may have seen the recent Media Statement from the Honourable Minister of Labour, the full text of which my be accessed from my website. Since many of you cannot access the Internet and regrettably our website, I have copied the essential parts for your benefit. (You must nag for access)! I personally am not overly impressed by the “Zero-tolerance” campaign and “Blitz Inspections” conducted by DoL and have issued a rebuttal of sorts on my own website. The reason for my cynicism being that OHS matters appear not to be the underlying reason for all this blitzing but rather other considerations such as checking on UIF Registers, Equity Registers and the like! And one must accept that all the resources that these “Register Blitzes” utilise are at the expense of genuine OHS matters including the massive backlog in uninvestigated matters! I also question the motive behind all the media coverage that normally accompanies these “Register Blitzes” and assume it is to create a diversion from the lamentable OHS situation at DoL. I will expand on the rebuttal at my forthcoming workshops and Subscribers, you already have an inkling via the Subscriber Newsletter.

The inexperience and ineptitude of DoL at section 31 investigations in particular is starting to negatively impact upon employer criminal liability and I cannot over-emphasise the importance of having legal representation or legal guidance at EVERY investigation of inquiry which is held by DoL or DME for that matter. (I regard the vagueness of section 31 to be the culprit and, although I have written to DoL about its format, I have not as yet received a response). The DoL Reports which have been sent through to the Directorate of Public Prosecutions are now more than ever reflecting the inexperience of these inspectors and there has been a flurry of unnecessary (and invariably withdrawn) employer prosecutions.

On a happier note. The response to our forthcoming round of workshops on employer liability in terms of the OHS and MHS Acts has been overwhelming. So much so that we are fully booked for PE and about to close bookings for Durban. But there’s still November............and August if you are in Gauteng.

Those of you who are new to this newsletter may be interested in our Subscription Products.

Here is the extract from the Honourable Minister of Labour’s statement. Notice the word “carnage”!

As always

Your Devil’s Advocate

"According to ILO estimates each year –

Two million workers worldwide die from work-related accidents and diseases. More than 160 million workers worldwide fall ill due to workplace hazards. The poorest and the least protected – often women, children and migrants – are among the most affected. If this in not a cause for concern, then indeed we are on the verge of total doom.

The situation in our country is not different, whether estimates tell us that –About 1 334 South African workers die from work-related accidents and diseases each year. This means that more than 100 workers die every month of the year; and The majority of these accidents and diseases happen to workers in the Fisheries, Transport, Building/Construction and Mining sectors. Among the reasons identified for these accidents and diseases are:

Unsafe workplaces.
Employers and workers not committed to health and safety.
Lack of knowledge of the risks and hazards in the workplace.
Exposing untrained workers to unfamiliar substances and equipment.
Lack of co-regulations or sharing of responsibility for health and safety in the workplace.

What is the Department of Labour doing to diminish this carnage?

ZERO TOLERANCE FOR NON-COMPLIANCE

Ladies and gentlemen, the year 2002 in the field of OHS saw unprecedented levels of inspector visibility and rising OHS awareness. During this year inspections increased by 69% which put inspections at the total of 88 000. These inspections included blitz inspections where our social partners were sometimes involved. Indeed our tripartite co-operation is beginning to bear fruit. Our vision is to aggressively purse a high visibility while we adopt zero tolerance for those who are hell bent on undermining the world embraced concept of decent work and thus flout the law with impunity. It remains the duty of us all as social partners to ensure that we uphold safety and health as crucial a part of human rights."

next