The Hon. Minister of DoL.

KZN farms law compliance levels impress Labour inspectors. DoL. 31 July  2008. 'Labour inspectors currently conducting raids on KwaZulu-Natal farms for workplace law compliance have expressed pleasure at the levels of conformity that they have recorded since Monday (July 27). So far, 101 (77 percent) of the 132 farms visited as part of this five-day crusade have been applauded for fully complying with the legislation, whilst only 31 (23 percent) were found to be not complying. The agricultural sector has been placed under the spotlight as part of the department’s national drive to enhance the visibility of it’s inspectorate in the most remote and rural communities of the country. This national inspection campaign is also aimed at improving compliance in industries with high incident rates as well as the sectoral determination that regulates the basic conditions of employment for the sector. Inspectors are among other things checking for compliance with health and safety measures, availability of risk assessment plans where required, training of workers on health and safety issues and the provision of protective wear for workers. Some of the main contraventions by farmers at this stage, point to no health and safety reps or committees being appointed, no first aider on duty, no electrical installation certificate being available, no protective wear being provided for workers, no toilet facilities or toilet paper available, no incident registers kept and no fire extinguishers available or if available, not properly serviced. A total of 34 contravention notices were served to the defaulting farmers who were given 60 days to rectify the situation. Other violations includes incorrect payment of over-time wages for which a written undertaking was secured. In the Newcastle area a written undertaking was also secured from an employer who violated different sections of the Employment Equity Act. These included no consultation with workers being carried out, no EE plan in place and  no proof of annual reports submitted to the department. The inspections wrap up on Friday (Aug, 1).

Extract from DoL's Annual Report. 2007. Inspection and Enforcement Services Strategy. The Department’s Inspection and Enforcement Strategy has been successfully reviewed with the aim of incorporating the latest developments in international and local best practices. Out of 180 767 workplaces inspected, 136 845 (76%) were compliant

129 836 labour-related complaints were received by the service delivery points (labour centres) and 125 981 (97%) were investigated and finalised

5 692 workplaces in high risk industries were inspected in the Agriculture, Iron and Steel, Food and Beverages, and Construction industries and 2 756 fatal incidents were reported as at March 2006.

From April 2006 to March 2007, 2 134 fatal incidents were reported which represent a 23% reduction.

1 230 prohibition notices were issued to workplaces with eminent health and safety risks for the protection of workers.

10 949 notices were issued to workplaces where there were contraventions of health and safety requirements as stipulated in the Occupational Health and Safety Act and Regulations.

Manganese poisoning inquiry postponement riles Labour Department. DoL. 10 December 2007. 'The Labour Department this week granted a further postponement of the formal enquiry into the exposure of workers to poisonous fumes at the Assmang plant in Cato Ridge, Durban from 3 to 7 December 2007 to February, 2008.The inquiry forms part of an investigation by the Department which started in November 2006 when five workers were reported to be suffering from possible manganese poisoning. The postponement comes after Assmang Ltd, the National Union of Mineworkers-South Africa (NUMSA), Solidarity Union and Richard Spoor on behalf of the workers filed individual requests for yet another postponement of the hearing citing reasons that more time was required to reach agreement during negotiations between the employer and employees. Disappointed at the requests, the department has vowed that it would not grant any further adjournment as sufficient time was already given to both parties with guidance in order to proceed with the Section 32 inquiry of the Occupational Health and Safety Act. Reports received thus far do not seem to address the main purpose of the inquiry which has been set up to establish the possible causes of manganism at the Assmang Cato Ridge Works in Durban and the necessary remedial action to be taken by the company to address these issues. The first sitting took place on the 12 April 2007 and was then adjourned to 9 to 11 July 2007. Following the two postponements of 8 to 12 October 2007 and 3 to 7 December 2007, the department has intimated to both parties that the inquiry will go on in February 2008, whether a report is received or not so that the matter reaches finality without any further delays.

Gloomy outlook for labour law contravening companies. DoL. 10 December 2007. 'Companies who continue flouting labour laws may face a bleak festive season if they do not put their house in order, Zolisa Sigabi, Spokesperson for Department of Labour, warned following random inspections on 10 Johannesburg firms this week. Out of 10 that were inspected, five were found to be very poor in terms of compliance with most of the laws especially those relating to Occupational Health and Safety. Buffalo Candles in Amalgam was found to be largely recruiting workers from labour brokers, and this caused the employer to take no responsibility for workers. The following major contraventions were identified: no protective clothing, first aid boxes were empty, poor housekeeping, dirty toilets with no soap or toilet paper. Based on these findings one prohibition and a contravention notice were issued. Another company, Better Bread also in Amalgam was slapped with a prohibition notice instructing it to shut down all operations after it was found to be unhygienic, with no protective clothing and that 80 percent of workers are foreigners, some without proper papers, machinery and equipment was in very poor condition and filthy, change room and toilets were also filthy with no lighting or running water. There were no emergency exits. Six contravention notices were issued against Rainbow Blankets in Fordsburg for poor housekeeping, huge fire risk, no emergency exits, dirty toilets without toilet paper or soap, poor electrical installations and no first aid box. Four prohibitions and two contravention notices were served against Home Made Delights also in Fordsburg for poor ventilation, poor hygiene and dirty working conditions, no protective clothing for workers working in cold rooms, non compliance with electrical regulations, no first aid boxes or first aid representatives, poor housekeeping, unhygienic toilets and change room facilities. A prohibition notice was also issued against the owner of Mooimark House in Mooi Street Johannesburg after it was found to be used for various reasons including sewing business and a crèche. Sigabi said, "Inspectors found children sleeping on the floor while some people were working on the machines in adjoining rooms, the noise levels posed a threat to the children's health".

North West law flouting steel employers cautioned. DoL. 31 October 2007. 'Ten North West companies were today slapped with contravention notices for flouting occupational health and safety laws. The Bob Tyres, Rainbow Windows and Mafikeng Auto Wheels are among employers in the Brits and Mafikeng areas that have fallen foul of the law as labour inspectors continue with nationwide workplace blitz inspections of the iron and steel industry since the beginning of the week. Among various contraventions, the inspectors found employees working without the required protective clothing, while most workplaces were without the health and safety committees as required by the law. The Labour Department warned today that the campaign would be intensified, and urged workers to be pro-active in ensuring their workplace safety at all times. The inspections were launched on Monday by Department of Labour Minister Membathisi Mdladlana in the Western Cape and will continue throughout the week. Labour inspectors order closure of Germiston factory

Iron and steel blitz inspection kicks off in the Western Cape. DoL '29 October 2007. 'Labour Minister Membathisi Mdladlana launched the blitz inspections into the iron and steel industry today (Monday) in the Western Cape by reiterating the importance of health and safety in the workplace. The Minister was speaking during a visit to Cisco, a steel producing company, which is an affiliate of Murray and Roberts. His visit was a follow-up to an inspection by a team of department of labour's inspectors almost three weeks ago after which they identified 12 contraventions. The company was given 60 days to address all the contraventions. "We should remember that one accident is one too many. We have to be proactive in preventing accidents because one accident traumatises workers who see it, dependents of the victim and costs the economy a lot of money in compensation," Minister Mdladlana said. He said the steel and industry had a 22 percent accident rate and all stakeholders should work to reduce this. Turning to Cisco, he said he was "generally happy with the improvements that have happened since the last visit." Minister Mdladlana said: "In our view, they have complied with 65 percent of areas identified. There is no situation that poses an imminent danger to the lives of workers. It means the company is prepared to address problems identified." The blitz comes hot on the heels of similar moves done in the construction industry. Rob Noonan, Murray and Roberts' chief executive, said: "We promise you Minister that we will address all the problems identified within 60 days. Also, we welcome the visit as another opportunity by outsiders to see how we do our work and where we make mistakes."

Workers and Labour inspectors to take on steel law contraveners. DoL. 25 October 2007. 'In a rare show of worker-power in action, trade unionists will on Monday join forces with Labour inspectors in combing some of the Western Cape's iron and steel factories for occupational health and safety compliance. The scrutiny of the Bellville Industrial Area will be led by Labour Minister, Membathisi Mdladlana, as part of launching nationwide inspections that will be conducted throughout the week. Worker representatives who will be participating include those from the National Union of Metalworkers (NUM) of South Africa, National Council of Trade Unions and the Federation of Unions of South Africa (FUSA). The iron and steel sector has always been on the radar screen of labour law enforcement officials since it was identified as being among health and safety high risk industries in 2005. At the time, high risk sectors were found to be contributing 22 percent of accidents and, though reductions have been recorded at some of them, experts believe a fatality drop in the iron and steel sector would have a considerable impact on others as well. According to Labour Spokesperson, Zolisa Sigabi, workplace accidents and fatalities cost the state millions of rands in compensation through claims lodged with the Compensation Fund. "During the last financial year alone, the Labour Department has paid out R319 million on claims for work-related incidents, and this is just for compensation of employees and medical costs. This can be reduced if we all work together to prevent accidents," she said. Apart from general law compliance, inspectors will during the raids be particularly interested in law awareness among workers and employers. The media is invited.

Labour inspectors order closure of Germiston factory. DoL. 29 October 2007. 'Department of Labour Inspectors have shut down the affected section at Tiger Brands Enterprise in Germiston following yesterday's gas explosion, the Ministry of Labour has announced. Spokesperson Zolisa Sigabi says, "preliminary investigations into the incident have revealed that an evaporator coil on a pipe transporting Ammonia Nitrate (NH3) was damaged leading to the gas leak." Sigabi said 82 people were affected by the gas and had to be hospitalised. "Fortunately, there were no fatalities," she added. "The company was served with a Prohibition Notice which will only be revoked as soon as an approved inspection authority has declared the area safe. Currently the company is trying to clear out 'pockets' of the gas from the area" said Sigabi. The Department of Labour has advised Tiger brands Enterprise to install a device that would detect any leakages of the said gas early and warn employees as this gas can be fatal.

Taverns, restaurants and a burial service company under scrutiny. DoL. 9 October 2007.'A swoop by the Department of Labour inspectors in the North West province has resulted with taverns, restaurants and funeral service company owners being slapped with undertaking notices for not adhering to safety regulations at their workplaces. The undertaking notice allows company owners a grace period of at least 20 days to rectify working conditions. Following the clamp down, five companies in Morokweng Village, about 150 kilometres from Vryburg, were served with notices for contravening the law. This includes Pusetso Liquor Store and Tosca Funeral Service. Further investigations by inspectors revealed that workers are not provided with transport when working night shifts as stipulated in the Basic Conditions of Employment Act (BCEA). They also do not get pay slips and are working abnormal hours. Zolisa Sigabi spokesperson for the department said: "Employers need to know that any contravention of the labour laws is treated as an offence and can be punishable in a court of law."

Cape factory closed after 38 treated for inhaling fumes. DoL. 5 October 2007.'Operations at a Cape Town factory remain at a standstill after Labour inspectors ordered a shut down on Thursday following a gas leakage which resulted in 38 employees being hospitalised. The Bonwit Factory Shop employees in Athlone were treated for nauseas and dizziness after inhaling hazardous gas caused by the leakage in the factory on Wednesday. Preliminary investigations in terms of the Occupational Health and Safety Act are underway and the factory will remain closed until inspectors have concluded the probe into the cause of the leakage. Labour spokesperson Zolisa Sigabi said today the closure was necessitated by the fact that health and safety of workers cannot be compromised.

Worker's death: shameful and regrettable. DoL. 9 October 2007. 'Barely a fortnight after Labour Minister Membathisi Mdladlana had sharply criticised the lack of adequate safety measures in the construction sector, another worker has died tragically under similar circumstances in Waterkloof, Pretoria yesterday. Coleman Ngcezu (33) was allegedly stacking bricks on a scaffolding platform, four stories up when he plunged to his death, head first to the ground. Preliminary investigations revealed that the platform that Ngcezu was working on had no barricades and that the scaffolding structure was 'shaky'. Ngcezu was reportedly not wearing any safety harness, only a hard hat and a pair of safety boots. Two weeks ago, a Mozambican national, Americo Diaz, died at a construction site in Pretoria, after slipping and falling two floors to his death. The accident was also attributed to inadequate safety measures in place. Zolisa Sigabi, the Department of Labour spokesperson said, "Both workers' deaths were regrettable and shameful, and could have been avoided. Employers and workers alike must work together to ensure a safe work environment. It is also incumbent upon workers to take responsibility of their health and safety. They should refuse to work under dangerous conditions." She said workers need to ensure that they have workplace safety representatives in place to be the eyes and ears of the department.

Labour dept shuts down cop-shop. News24 of 1 October 2007. 'South African Police Service (SAPS) offices in Cullinan, near Pretoria, have been shut down after they were found to constitute a health threat, the department of labour said on Monday. Department spokesperson Zolisa Sigabi said the Crime Investigation Department (CID) building was shut down on Friday for contravening the Occupational Health and Safety Act. "The inspectors also revealed the building as 'threatening or likely to threaten the health and safety of those who use it'," she said.According to the prohibition notice issued, the use of CID building as offices was prohibited because the ceilings were in a poor state due to water leaks. The water leaks had also reached the electrical wiring. "The walls of the building were also found to have huge cracks that posed danger to workers and clients," she said. In terms of the order, the SAPS is also required to obtain a certificate of compliance for electricity installation. Sigabi said the condition of the CID building left her department with no choice but to stop its continued use. "We had to do it in the interest of the personnel in that office as well as clients that use the building. The building just did not meet the required standards at all," she said. The closure of SAPS offices comes barely three months after a similar prohibition order was served on the South African National Defence Force (SANDF) after complaints of fuel leakages at the Wallmansthal military base north of Pretoria were received, said Sigabi.

'No worker should die on duty'. News24 of 28 September 2007. 'The Minister of Labour, Membathisi Mdladlana, is concerned over the number of deaths in the workplace, a statement from his department said on Friday. Spokesperson Zolisa Sigabi said that by March 2007, 350 workers had died in the workplace. A Mozambican national, Americo Diaz, recently died at a construction site in Brooklyn, Pretoria after slipping and falling two floors to his death. "Preliminary findings by the department of inspectors revealed that the area where he was working did not have guard rails to protect workers from falling off," Sigabi said. Diaz was working as a foreman for Ohlhorst Africa Pty Ltd, a construction company. "There is no worker who should die on duty especially not due to non-compliance with labour laws," Mdladlana said. Sigabi said labour inspectors were continuing with investigations into the incident'.

Labour inspectors toughen up on prohibition cases. DoL. 'In Mpumalanga, two workers were injured at a construction company and Labour Department Inspectors have stopped all operations until the necessary safety measures have been taken. Action is also being considered against the owner of the Witbank construction company, whose employees carried on working despite the prohibition order. Zolisa Sigabi, a representative of the department said: ‘Our inspectors willstop at nothing in ensuring employers comply with the law. We have actually decided to have inspectors follow up all prohibition cases, even over weekends. KwaZulu has recorded 76 accidents in the construction industry between April 2006 and July 2007. Out of these, 16 employees lost their lives as a result of falls from extreme hights, collapse of structures or excavations. As part of the department’s efforts to enforce safety , 126 inspectors are set to visit 236 construction sites. The department has already visited sites in the Eastern Cape, Northern Cape, Limpopo and Gauteng. Shockingly, of the 116 construction sites that were inspected, only 55 contractors were compliant with labour laws. Those who were not compliant had been served with contravention notices. A notice that gives an employer 21 days or more to rectify the mistake pointed out by the inspector. Says spokesperson for the department, Zolisa Zigabi: ‘This is a concern as it is far behind the departmental target of achieving at least 70 percent compliance levels for the sector.’

Construction work at Moses Mabhida Stadium gets the green light. DoL. 3 September 2007. 'Improved safety conditions at Durban's Moses Mabhida Stadium construction site have persuaded labour inspectors to revoke all prohibition notices they had served the contractor during an unannounced inspection on Monday afternoon. On visiting the site at the invitation of the employer on Tuesday, inspectors found all areas of non-compliance appropriately rectified in line with the requirements of the Occupational Health and Safety Act. The prohibition notices which halted operations in certain sections on the site had been prompted by conditions that were of high risk and life-threatening to the health and safety of workers. These had included erected scaffolding of two zones that were not rendered safe for use, an unsafe welding machine, excavator and tower crane as well as the provision of proper ladders, shoring and barricading of excavation work. The employer subsequently indicated to the department that the issues raised in the prohibition notice had since been rectified and inspectors were requested to revisit the site to reassess the remedial action they had put in place in order to have the prohibition notice revoked or not. The inspection formed part of the national blitz inspection campaign which has been rolled out to various construction sites in different provinces throughout the country. In KwaZulu-Natal, the blitz inspections on construction sites started last week, from the 20 August 2007 and is currently taking place throughout the province with inspectors from all 16 labour centres inspecting construction sites. The blitz inspections which are set to continue until the end of this week are aimed to reduce the incident rate in the construction sector that has been identified as one of the high risk sectors countrywide when it comes to injuries and workers being killed at the workplace'.

Hospitality workplace inspections, a successful indicator to test and enforce compliance. DoL. 16 August 2007. 'Inspectors have swooped a whopping 391 workplaces throughout KwaZulu-Natal employing 6 886 employees during its hospitality blitz inspections. The final inspection report today reveals that the majority of employers inspected (78%) were found to be complying with the minimum wage provisions except for a total of 87 (22%) employers who were underpaying their workers. Inspectors will therefore continue with their routine and unannounced inspections at workplaces as an ongoing activity that will form part of their weekly inspection plans. Other provisions of the Sectoral Determination for the Hospitality Sector that were contravened include the failure to provide written contracts of employment, non-payment of night shift allowance, payment of the premium rate for Sunday and public holidays worked, deductions for uniforms; commission and tips regarded as payment of wages. Employers located in the Umhlanga and Westville areas were found to be paying the highest wages for certain categories of employees. In smaller towns such as Vryheid, Paulpietersburg and Kokstad a huge number of employers did not comply. Hotels were generally found to be more compliant as compared to bed and breakfast establishments, guest farms, restaurants and food outlets which appeared to be struggling to comply. Eleven employers were found to be not registered with the Compensation Fund. Follow up inspections will be conducted to check whether written undertakings secured during the inspections are adhered to. If employers are still found not to be complying, they will be issued with compliance orders ordering them to comply within 21 days. Should they fail to, their cases will then be referred to the Labour Court for a judgment'.

Scores caught in Eastern Cape labour blitz. DoL. 25 July 2007. 'Two days into the ongoing Eastern Cape random workplace assessments, Labour inspectors have discovered a high rate of labour law non-compliance, with 215 employers of the 516 workplaces visited in contravention in one way or the other. The five-day blitz in the province's Queenstown and Cradock areas is targeting the farming, domestic and wholesale and retail sectors in the enforcement of occupational health and safety laws until Thursday.  Inspectors have so far issued 68 contravention notices, 148 written undertakings, two prohibition notices and one compliance order. As part of rounding up their campaign, the Labour officials in conjunction with the Commission for Conciliation, Mediation and Arbitration (CCMA) today (Wednesday) conducted a two-day workshop for both employers and employees in these sectors about the Labour legislation'.

Labour inspections to target Municipalities. DoL. 13 July 2007. 'Municipalities in Limpopo will come under sharp scrutiny next week, with Labour inspectors embarking on an intensive workplace blitz inspections to determine the level of compliance with safety laws. The week-long blitz inspection campaign, scheduled for between Monday and Friday (16 to 20 July), forms part of the department's ongoing drive to ensure safe and healthy workplaces. Inspectors will be particularly focusing on compliance right across the province, with special emphasis to parks and recreation facilities, water and sewage plant systems, electrical distribution system, risk assessment and driven machinery regulations. During the inspections, emphasis will be especially put on compliance with provisions of the Occupational Health and Safety Act and regulations. The exercise will be open to media'.

Construction work halted at the Department of Labour offices. DoL. 12 July 2007. 'Labour inspectors have halted building renovation work at its Durban Labour Centre premises due to the exposure of extremely high noise levels and dust particles to staff and members of the public who were trying to access services of the Department. Multinet Construction Company was served with a prohibition notice to immediately stop all work after inspectors discovered that a high frequency noise output was coming from an angle grinder being used for a whole eight-hour shift. Also, small air-borne dust particles were being deposited into the offices which could have resulted in serious health problems if inhaled and reached the lower respiratory tract. According to the Occupational Health and Safety Act, "Every employer shall conduct his undertaking in such a manner as to ensure as reasonably as practicable that persons other than those in his employment who may be directly affected by the activities are not thereby exposed to hazards to their health or safety." The company has been advised to look at implementing controls to eliminate the noise at the source or use an enclosure where it does not reach the present high levels that affect the health and safety of workers and the public. This should include the closure of dust entrance points. Administrative control measures are also to be explored where the renovation activities are to be performed after hours or over weekends when the offices of the labour centre are closed to the public. Labour inspectors will be regularly monitoring the contractor and only when satisfactory compliance is reached, the prohibition notice will be revoked'.

Limpopo gathering to ensure labour law compliance. DoL. 5 July 2007.

Labour Law compliance will be high on the agenda when Labour Director-General, Dr Vanguard Mkosana conducts a labour market stakeholder briefing in Phalaborwa, Limpopo province next Monday. Dr Vanguard Mkosana will be unveiling the Department's strategic plan for the current financial year, specifically aimed at enforcing compliance. Representatives of organised labour, employer organisations, corporations and skills training providers will be among delegates attending the stakeholder briefing and consultation meeting. The media is invited.

Pretoria construction companies slapped with prohibition notices. DoL. 18 June 2007 . 'The Department of Labour has served prohibition notices against two Pretoria based construction companies due to failure to abide by proper health and safety standards. The move followed an early morning inspection led by the Director-General Dr Vanguard Mkosana today, Wednesday. He told journalists that the construction industry has been targeted by the department to reduce the high level of accidents and fatalities associated with the booming sector. "We have identified the construction industry as one of the high-risk areas that need our immediate attention. Others are food and beverage, iron and steel as well as agriculture. I also want to correct the impression that we are conducting these inspections to police companies. In fact, we do these to help companies comply with the occupational health and safety regulations in the interests of the whole country," he said. Mkosana said prohibition notices "are normally issued when there is an immediate danger to the lives of workers and anyone on the premises. It forces employers to stop operations in the specific area and fix the problem." During his earlier visit to Lona Building projects the Director-General expressed grave concern at the high level of non-compliance with health and safety standards. The company was ordered to ensure that the scaffolding was properly fixed so as not to expose workers to danger, immediately insulate electricity wires and ensure that there was uniformity in terms of lighting. Mkosana said considering that the company had failed to comply with instruction by the department to fix the same problems during the first visit, he had no option but to recommend prosecution. However, the director-general said: "While I have issued a prohibition notice against WBHO and Rainbow Construction, I must say it is worlds apart from the one we visited earlier this morning." He advised the latter to ensure that scaffolding is improved as is the need to ensure that no live electricity wires got into contact with water, thereby posing a danger to workers. "On the whole, I am impressed with the level of health and safety at WBHO and Rainbow Construction. Occupational Health and Safety (OHS) is taken seriously at top management policy level and you see it at the factory floor level. This is good," he said. Mkosana urged companies to make use of the construction sector education and training authority in order to access the expertise that was available. He said inspections will become a regular feature as the department intensifies the drive for health and safety in the workplace.

Two Johannesburg companies shut down. DoL. 21 May 2007. 'Operations from two Johannesburg based companies were halted until further notice after the Department of Labour inspectors had issued prohibition notices instructing employers to comply with Occupational Health and Safety regulations. Megaphade Motors and Mr Sweets were both instructed to halt their activities. The issuing of the prohibition notices happened during a weeklong blitz inspection within the food and beverages industry. Out of 184 companies that were visited, 91 were found not to be adhering to the general labour laws. As a result, 91 contravention notices were issued and 88 of the companies were given written undertakings to comply. In addition, six compliance orders were served along with 42 improvement notices.

Extract of the Minister of Labour's Workers Day Speech...'I, however, continue to be concerned about the increase in the frequency of workplace accidents. It should be very clear that our position as government is that 'one life lost in the workplace is one too many'. Workers and employers alike should clearly understand that we have the right to life, human dignity, equality, freedom of expression, association and also freedom to an environment that is not harmful to our health and well being. Click here for full speech.

Labour inspectors crack the whip. DoL. 8 May 2007. 'The Department of Labour's crackdown on non-compliance with health and safety laws moved into top gear in Polokwane netting a leading tombstone-manufacturing outlet, Capricorn Tombstones today. Labour inspectors in Limpopo issued a stern warning against the employer to comply with the provisions of Occupational Health and Safety Act, 85 of 1993 or face prosecution and or a complete shutdown. During the inspection, inspectors found the employer to be in contravention of almost all Hazardous Chemical Substances regulations and in particular Regulation 17(1) that provides that "exposure of employees to substances hazardous to health should be prevented or, where this is not practicable, adequately controlled". The employer was issued with several contravention notices and a prohibition notice halting the use of compressed air to blow dust off employees' work clothes. The excessive dust on the work suits expose employees to the danger of contracting silicosis as it contains silica dust. The prohibition notice was issued in terms of section 13(a) of the Hazardous Chemical Substances Regulations (HCSR) that states "no person shall as far as reasonably practicable use compressed air or permit the use of compressed air to remove particles of an HCS from any surface or person." The employer was given seven days to comply or face prosecution     

Minister of Labour's speech on World Day for Safety and Health at Work. DoL. 4 May 2007.'We salute those workers who have had to pay with their lives and we remember those families who today, will not have the pleasure of a mother or father at home as a result of unsafe and unhealthy workplaces. The International Labour Organisation (ILO) theme for 2007 World Health and Safety Day is "Safe and Healthy workplaces - making decent work a reality". Click here for full speech.

Compliance with Occupational Health and Safety (OHS) improves albeit at a snail's pace. DoL. 3 May 2007. 'Results of countrywide blitz inspections conducted by the Department of Labour have shown that the greater Johannesburg region leads the pack in non-compliance with occupational health and safety. The campaign was a forerunner to the all important international occupational health and safety day due to be addressed by Labour Minister Membathisi Mdladlana in Rustenburg tomorrow (Friday). Among provinces visited were KwaZulu- Natal, Free State, Western Cape and Gauteng North. Out of the 412 companies visited in greater Johannesburg, 293 were found to be non-compliant with health and safety standards, Zolisa Sigabi, departmental spokesperson said. Of the 103 companies inspected in the Free State, 38 failed to meet the expected standards. "The campaign is part of the department's effort to make this year a period of inspection and enforcement. Those that were served with non-compliance orders will be expected to address the mistakes that were identified failing which our inspectors will have no option but to recommend prosecution," Sigabi said. In KwaZulu-Natal, inspectors served 33 non-compliance notices out of 76 sites visited. A total of 28 notices were served out of 51 companies checked in the greater Pretoria region. Western Cape got away with the least number of contravention notices with only five companies out of 198 surveyed. Common areas of concern to inspectors were the lack of health and safety plans, unavailability of risk assessment on sites, failure by management to train workers in health and safety issues and workers not being provided with protective clothing. Sigabi said blitz inspections will become a permanent feature of the department's drive to protect vulnerable workers'.

Labour scrutiny to focus on Limpopo constructors. DoL. 20 April 2007.The Labour inspectors will on Monday embark on a four-day blitz inspection of the construction sector in several parts of the Limpopo province. The inspections will concentrate on law compliance with, among others, the Occupational Health and Safety Act, Basic Conditions of Employment Act and the general construction regulations. Areas to be visited include Polokwane, Tzaneen, Phalaborwa and Thohoyandou.

Police raid safety flouting KwaZulu-Natal nightspots. DoL. 2 April 2007. In a joint operation with police and fire department personnel, Labour inspectors switched their focus to the entertainment industry at the weekend, swooping on two famous Durban night clubs and discovered several workplace health and safety law contraventions. The Saturday night blitz inspections at the two Chatsworth nightclubs south of the city, formed part of the inspectorate's resolve to intensify its drive for worker welfare in the sector, particularly ahead of the Easter weekend. The inspectors issued employers at the Blue Dolphin and Smyths Disco Tech respectively with non-compliance notices for infringements ranging from improper electrical and fire escape installations to unacceptable sound level exposure. At Smyths Disco Tech, the probability of a fire was found to be high, not only due to restricted escape passage and poor ventilation but lack of a compliance certificate as well. The employer was ordered to provide workers for baseline audio metric testing and fined R2 500 by the fire department. Similar contraventions were found at the Blue Dolphin and both companies were given orders to comply within 30 days or face prosecution.

Bogus labour inspectors on the loose. DoL. 20 March 2007. The Department of Labour in the Johannesburg region has warned employers to be on a look-out for people masquerading as Inspectors of the Department on the East Rand. This follows complaints by various business owners in Benoni that three men have targeted businesses claiming to be Inspectors from the Department. One such victim said while one man ostensibly interviewed him, checking on compliance with labour laws, the other two were busy stealing various merchandise in his shop. Labour department spokesperson Zolisa Sigabi said genuine officials would have their identification cards with their photos and the departmental logo. She said when in doubt employers are advised to contact the Department of Labour.

Labour Minister's early morning blitz surprises cape contractor. DoL. 6 March 2007.

Employers in the construction industry have been warned to step up their management of sub-contractors to protect their image. Labour Minister Membathisi Mdladlana sounded the warning during a blitz inspection at the Berg Water Project in Franschhoek in the Western Cape today (Tuesday). Minister Mdladlana noted that contraventions of occupational health and safety regulations in the sector were largely caused by sub-contractors, who were giving the companies and the country at large a bad image. The Minister cited incidents at car manufacturer VW in the Eastern Cape, and Sasol plants as examples of poor management of sub-contractors. This year alone, more than 300 workplace injuries, including fatalities have been recorded in the construction industry. "As chairman of the International Labour Organisation, I was accused of doing nothing while people were dying or getting injured due to work-related accidents. This is damaging our name as the country," the Minister said. The Berg Water Project is a joint venture with Grinaker-LTA, Group Five, Wilson Bayly Holmes-Ovcon ltd (WBHO) and WCEC. The project cost more than R640 million and employs 1 100 people on site. During the inspection the Minister and his team found inadequate hand rail and protective barriers, while there were no diagonal bracing on the scaffolds. They ordered a risk assessment performance for the hanging scaffold, electrical crossing power lines, radius of tower cranes and their intersections. Improper use of safety harnesses and the unsafe behaviour of workers were also cautioned. Employers were served with a 30-day contravention notice to correct the contraventions or face action.

Labour Minister Membathisi Mdladlana will on Tuesday, 6 March 2007 lead a series of blitz inspections in the construction industry in the Western Cape. DoL. 27 February 2007.

The five-day raid will concentrate mainly on compliance with Occupational Health and Safety in the construction industry following a spate of fatalities and injuries that have dogged the sector in recent months. Minister Mdladlana will also use the opportunity to caution employers in the industry against the contravention of Occupational Health and Safety regulations as well as raise awareness to workers. At the moment South Africa is currently experiencing a high volume of construction activities around infrastructure development in preparation for the 2010 World Cup, which includes building of stadiums, roads, accommodation facilities and the Gautrain. Among the sites to be visited is the Berg River Dam project near Franschoek. The project consists of a dam embankment, intake tower, concrete spill way and outlet works. More than 1 100 workers are employed in the project, which is valued at R650 000 000.

Compensation Fund payments. DoL. 7 February 2007. 'Outstanding Compensation Funds' (CF) claims will be paid out during the Service Imbizo to be held in Kimberly and De Aar between February 12 and 16 this year. Medical providers and the injured employees with claims outstanding for more than 90 days will smile all the way to the bank. The pay-outs will include those of the deceased dependants. Labour Minister Membathisi Mdladlana said this was an endeavour by his Department to reach out to stakeholders and deliver services as promised by government. Enquiries relating to CF and Compensation for Occupational Injuries and Diseases Act (COIDA) will also be tackled on the spot'.

Exploitation of the unemployed in Richards Bay. DoL. 6 February 2007. 'The Department of Labour condemns by all possible means the exploitation of unemployed workers in the Richards Bay and surrounding areas. The exploitation is being exacerbated by the issue of what is popularly known as "KBC certificates" that are currently being used by certain labour brokers and contractors after receiving lucrative contracts with major national and international companies. Recent investigations by the department revealed that a private company, Kruger Bernade Consulting (Pty) Ltd, had been awarded a tender by Bayside and Hillside Aluminium, Bell Equipment, Mondi Kraft, Richardsbay Coal Terminal, Richards bay Minerals and Ticor SA, to provide induction training on occupational health and safety to workers of these contracting firms. This tender further specifies that these workers of the already contracted firms be certified medically fit to perform their duties by Kruger Bernade Consulting (Pty) Ltd. The cost of both the induction training and medical certificate is therefore carried by the respective contracting firms as the employer, and not the worker. This initiative which is driven by a Steering Committee in Richards Bay composed of representation from Bayside and Hillside Alluminium, Bell Equipment, Mondi Kraft, Richards bay Coal Terminal, Richards Bay Minerals and Ticor SA, is aimed at ensuring a healthy and safe working environment. Labour inspectors have however discovered that private individuals/job- seekers were then allowed to join this programme at their own cost and when successfully completed were issued with the so-called "KBC Certificate." Unfortunately, labour brokers and contracting firms now utilise this opportunity to their advantage by making the KBC Certificate a prerequisite for employment. This more or less has become a "passport" to find a job in the area if these big companies are targeted by the unemployed as a source of employment. If the person is not in possession of a "KBC certificate," he or she stands no chance of securing employment in the area! To make matters worse, the unemployed work-seeker, if successfully placed is never reimbursed as he should be - as the cost of this KBC Certificate is for the employer. Also, the KBC Certificate has an expiry period attached to it which means that if a person is still unemployed with a lapsed KBC Certificate, it will not be considered as "valid" by these labour brokers or contracting firms. In terms of the Occupational Health and Safety Act, 1993, all employers are expected to provide safety training to their workers. The Department of Labour in collaboration with private companies in Richards Bay area wishes to condemn those unscrupulous contractors/labour brokers who continuously abuse this unintended consequence by getting the unemployed to pay for their induction training and medical certificate which is in effect meant for newly employed workers where such costs are fully paid for by the respective employer. Therefore, in a joint effort to stamp out this abuse and unethical practice, the department together with the Steering Committee members has decided that any contractor or labour broker found guilty of doing this will be accordingly reported for black-listing in respect of future tenders to these companies. This initiative by the Department of Labour promotes joint social responsibility to alleviate the exploitation of unemployed job-seekers and has resulted in the successful signing of a Memorandum of Understanding (MoU) by the department and the respective businesses in Richards Bay. The Labour Centre in Richards Bay will be conducting a surprise blitz inspection to check compliance with the MoU soon. Should you know about a contractor or labour broker that engages in this practice or have been a victim to this abuse, please contact the Inspectors at the Labour Centre Richards Bay on:

Tel: (035) 789 3760
Fax: (035) 789 3781
Physical Address: 11 Lira Link Road, Richards Bay.

Police look at arson as labour office burns. SABC of 6 December 2006. 'Police are investigating a case of arson after a fire broke out at Durban offices of the department of labour early today. Gugu Sabela, a police spokesperson, said she could not provide any details except to say that "arson is being investigated". In a statement released earlier in the day, the department said the seventh and eighth floors of its Salmon Chambers building were damaged in a "mysterious fire". No one was injured in the blaze that was brought under control by the Durban fire brigade. Unemployment Insurance Fund (UIF) and Compensation Fund (CF) claims were processed on the two floors, and minimal disruption of the processing is predicted. A Durban fire brigade official said most of the damage was caused by smoke'.

Bogus inspectors watch out. DoL. 22 November 2006. Fraudsters masquerading as the Department of Labour officials risk facing the wrath of the law, Departmental spokesperson Mokgadi Pela warned today. Pela said this following a complaint by Air Road Express company owner in Bloemfontein, Free State, after the man claiming to be an official demanded to inspect the workplace without following the necessary procedures or possession of valid proof. "Employers are urged to request positive identification before they could allow any inspection. Labour inspectors are properly identified with cards bearing their names, photographs and official logos and the personal or employee numbers. Any suspicious looking inspectors should be immediately reported to the nearest labour centre of the police station," he said.

Department of Labour top brass at the coalface. DoL. 14 November 2006.

The Department of Labour's top brass will embark on countrywide roadshows aimed at gathering firsthand experience from the labour centres for the purposes of rendering better services. The roadshows will mainly target employees of the department and people seeking assistance or advice from the centres. Following a series of consultative meetings with staff, the senior management had set aside tomorrow, Wednesday, 15 November, to spend at the coalface. Among the senior management scheduled to participate in the roadshows are Director-General, Vanguard Mkosana, Deputy Director-General (DDG), Corporate Services Masodi Xaba, Acting DDG Service Delivery, Shadrack Mkhonto, Acting DDG Employment Skills Development Strategy and Human Resources Development, Sam Morotoba, and DDG Labour Policy and Labour Market Programmes, Les Kettledas. The provinces and regions to be visited are Johannesburg and districts, Pretoria and districts, Western Cape, Eastern Cape, Mpumalanga, Limpopo, KwaZulu-Natal, Free State, North West and Northern Cape. The pertinent issues to be discussed during the process include, the labour market review, the National Skills Fund (NSF) strategic projects, Adult Basic Education and Training (ABET), Unemployment Insurance Fund (UIF), Integrated Business Strategy (IBS), Internal Audit and Financial Management, Private Public Partnership (PPP) issues and Performance Management.

Financial and management gurus to clean up Department of Labour audit queries. 16 November 2006. A project team dedicated to cleaning up audit queries has been established by the Department of Labour (DoL) as a corrective measure to rectify the recent audit qualifications imposed by the Auditor-General. Speaking during the culmination of road shows aimed at addressing staff members on policy matters in Johannesburg today, (Thursday, 16 November 2006) the Department's Director-General (DG) Vanguard Mkosana said the newly established project team will help to manage the Department's assets and report on issues timeously. The Department, the Compensation Fund and the National Skills Fund received a qualified report while the Sheltered Employment Factories got a disclaimer. "Under expenditure, payroll certificate reports not forwarded, poor debt management, poor asset management, BAS-Persal reconciliation problems on travel and subsistence, employee termination not reported are some of the issues highlighted which put our resource management in a bad light." "The DoL received negative media coverage on performance management with allegations of bonuses paid to people without the signing of performance agreements. This proved to be misinformation and has been corrected," he said. Apart from the financial stuff, DG Mkosana also announced new strategic projects dedicated to bolster scarce skills and the Accelerated and Shared Growth Initiative for South Africa (AsgiSA). He said one of such projects will be launched in Idutywa in the Eastern Cape on 2 December by Labour Minister Membathisi Mdladlana at a cost of R1 billion (with R100 million allocated for skills training in each of the nine provinces). Mkosana also reminded staff that the Department was in the process of discussing the impact of labour laws on job creation and small business development.

Workplace Safety A Collective Responsibility. Labour Minister Membathisi Mdladlana. 31 October 2006. 'Labour Minister Membathisi Mdladlana has urged organised business, labour and civil society to work with government in reducing the high number of workplace accidents. Minister Mdladlana was addressing delegates at the Conference on Occupational Health and Safety in Boksburg today (Tuesday). "It is important that our strategies to lower workplace accidents converge. We must improve efforts to save human lives," he said. The two-day conference, which ends tomorrow, is being held under the theme Working Together towards Improving Occupational Health and Safety in High-risk Areas of Economy. Construction, mining, transport, chemical and agriculture sectors were identified as being amongst the most lethal in the economy. Speaking at the same conference, outgoing Compensation Fund acting commissioner Phineas Mothiba said that over 1,2 million claims were lodged with the Fund between 2000 and 2005. Of these, 164 614 were compensation awards in respect of temporary total disablement, 27 210 in respect of permanent disablement, while 3 665 pension awards were related to permanent disablement and fatal claims. "The claims expenditure for the financial years 2004-5 and 2005-6 amounted to R3,8 billion," he said. The conference has brought together delegates from organised labour, business and the civil society.

Portfolio Committee happy with progress of the Department. 2 November 2006.The Parliamentary Portfolio Committee on Labour has expressed its satisfaction at the good progress made by the Department of Labour in addressing the issues raised by the Auditor-General in the annual reports of the Department. This was expressed by members of the committee during the Department's presentations to the committee in parliament today. The Portfolio Committee was interrogating the annual reports of the Unemployment Insurance Fund (UIF) and the Compensation Fund. The Director-General of the Department, Vanguard Mkosana and his top management team indicated a number of corrective actions that have been taken by the Department to correct issues that brought audit qualifications for the Compensation Fund. "The upgrade and enhancement of the financial systems has been identified as the most pressing issue and this is in the process of being effected. The revenue generation and collection will be automated and this means the update and verification of the employer database and submission of assessments," Mkosana said. Good corporate management was also identified as critical to the successful implementation of the turnaround strategy that has been developed for the Compensation Fund.

Occupational Health and Safety to become a burning issue. DoL. 25 October 2006. Labour Minister Membathisi Mdladlana will deliver the keynote address at the national conference on Occupational Health and Safety (OHS) next week on Tuesday, 31 October 2006. The event is part of an ongoing drive by the department to make workplaces safer amidst several cases of high-profile workplace accidents. These include accidents on the mines, construction industry, workers contracting diseases related to working in unsafe places like quarries and the use of pesticides in the agricultural sector. The conference, to be held at the Birchwood Conference Centre, Boksburg, will also feature other speakers from business, trade unions and the department’s Compensation Fund. Well-known occupational industry campaigner Richard Spoor will speak about the challenges and the obstacles to overcome in order to achieve a safe and healthy working environment. It will take place under the theme working together towards improving Occupational Health and Safety in high-risk sectors of the economy. Organisers will also use the conference to release statistics about workplace fatalities, status of compensation of injured employees and problems encountered by claimants. The conference will also review the accord signed by industry stakeholders and the department in 2001 about making workplace safer. This will be done through commissions and recommendations.

Occupational Health and Safety goes to schools and tertiary institutions. 23 October 2006. As part of a concerted effort by the Department of Labour aimed at inculcating the culture of health and safety in workplaces and in communities at large, officials of the department will be pulling all stops teaching people how to stay safe. The campaigns which started today, Monday, 23 October and end on Saturday, 28 October 2006 will be followed by the Ministerial conference to be held at the Birchwood Conference Centre on Tuesday, 31 October until Thursday, 1 November 2006 with an intention of highlighting the same issues. Departmental spokesperson, Mokgadi Pela, said apart from the normal workplaces, all categories of society, for example pupils at schools and students in further and higher educational institutions were being targeted, because they would be future employees and employers of this country. "We believe that by sensitising this category of society, the culture of health and safety will be improved. Once we achieve this, then the incidents and fatalities at workplaces will be decreased," he said. Employers are once more reminded to adhere to the culture of compliance, as the Department will be visiting them this week.

Department halts blasting after flying rock kills patient. DoL. 8 September 2006.

 The Department of Labour in the Eastern Cape has ordered an immediate halt to operations of a blasting company in East London following the fatal injury of an elderly patient who was hit by a stone resulting from a rock blast nearby. The fatality occurred on Wednesday when a stone broke through the roof of the Nkqubela Tuberculosis Hospital ward in Mdantsane and hit the patient on the head, who later died at the Cecilia Makiwane Hospital. A preliminary report by the department's Occupational Health and Safety inspectors shows that the workers of Blast East Cape, a company contracted to The Billion Group, were blasting a rock at a shopping mall construction site not very far from the hospital in the afternoon when the stone flew from the debris and landed on the hospital's roof. Early the following day on Thursday the inspectors, on receiving the report, immediately visited the area where they issued a notice prohibiting any further blasting to ensure safety of both the workers and members of the public while investigations continued. The company has been ordered to supply the department with a plan demonstrating how it plans to carry out the blasting without endangering lives, and to produce written permission issued by or under the authority of the chief inspector explosives, to use explosives in that site. In terms of the explosives regulations promulgated under the Occupational Health and Safety Act (Act 85 of 1993, as amended), the employer is supposed to inform the Provincial Director of the department, not less than 24 hours before commencing with the use of explosives. Further investigations into the incident are underway, and a report of these investigations will be forwarded to the Director of Public Prosecutions in Grahamstown, who will decide on whether to commence with prosecution or conduct an inquiry.

Construction employers in for law, safety compliance searches. DoL. 5 September 2006.

The construction sector in Limpopo is to come under a sharp scrutiny of the Department of Labour officials as they will be conducting a series of aggressive workplace blitz inspections to check on law compliance and safety levels. The blitzkrieg – scheduled for between Monday, 11 and Friday, 15 September, forms part of the Department's ongoing drive to protect the most vulnerable workers in the country's workplaces. Inspectors will be particularly focusing on compliance right across the sector, including established and small construction companies, with even those that are participating in the Expanded Public Works Programme (EPWP) not out of the radar screen. According to the Department's spokesman, Mokgadi Pela, all employers in the construction sector will be inspected regardless of the size and nature of their business. “Small construction companies are particularly guilty of not reporting construction work they are engaged in as provided for by regulation,” Pela warned. During the inspections, emphasis will be especially put on compliance with provisions of the Basic Conditions of Employment Act, particularly working time and record keeping of wages as well as on-site construction supervision which is critical at preventing accidents. The exercise will be open to the media.

Data on workplace accidents is crucial. DoL. 29 August 2006. The lack of reliable data about workplace accidents is a major concern facing the Department of Labour, a meeting of the Advisory Council for Occupational Health and Safety (OHS) heard in Pretoria today (Tuesday). Addressing the meeting, Labour Minister Membathisi Mdladlana said having proper statistics was crucial in reducing the number of accidents occurring in the workplace. The meeting was attended by stakeholders from organised labour, business as well as other government departments. “This absence of data about workplace injuries is a problem for OHS. Clearly, our Information Technology (IT) section is not coping with the load,” he said. The Minister said the workplace accidents and diseases cost the country millions of rands annually. Minister Mdladlana said the remaining challenge for Departments of Labour, Health as well as Minerals and Energy were to “integrate the inspection services as per Cabinet decision.” He said the process of integration cannot become policy until it has been approved by Cabinet and taken to the National Economic and Development Labour Council (Nedlac). Faizel Randera, health advisor with the Chamber of Mines, said one mineworker dying was “one too many”. He said workplace injuries were at some point estimated to cost the country about R18 billion per year. “In 1996 when the Leon Commission reported that 780 miners had died in that year, we realised we had to do something. Today, the situation has changed drastically and hence the importance of OHS advising the Minister on how best we can bring safety to various workplaces,” Randera said. Meanwhile, the advisory council resolved to hold a workshop before the end of October to deal with the challenges facing OHS in the country.

Click here for the Minister of Labour's speech on World Day for safety and health at work.

Click here for the National Occupational Health and Safety Integration Bill 2003.

The Integration Bill will be passed by Parliament soon and the new Occupational Health & Safety Draft Bill presented to Parliament and NEDLAC within 3 to 4 months according to the Chief Inspector at ISM Workshop. 16 March 2006.

In March 2003, South Africa ratified the International Labour Organisation's Occupational Health and Safety Convention 155 of 1981. This requires ratifying countries, after consulting organised business and labour, to develop and implement a national OHS policy. Click here for more.

  MERGER OF THE OHS & MHS ACTS.

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NOTICE OF EXEMPTION IN TERMS OF SECTION 40(1) OF THE OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 DRIVEN MACHINERY REGULATIONS 18(5).

Under section 40 (3) (b) of the Occupational Health and Safety Act, 1993(Act No. 85 of 1993), I Jacob Pannye Malatse appointed as chief inspector in terms of section 27(l) of the said Act, and by virtue of the power delegated to me by the Minister of Labour in terms of section 42 ( I ) of the Act, hereby grant exemption in terms of section 40 (1) from amended regulation 18(5) of the Driven Machinery Regulations published in government notice R.158 n 18 February 2005, until 29 September 2006 to all approved lifting machinery entities to perform load test on lifting machines without a lifting machine inspector who is registered by Engineering Council of South Africa.

Safety first: Employers and employees warned. DoL. 17 July 2006. The Department of Labour is at pains to explain why employers should always put the safety of workers before profits, following one of many fatal accidents within the construction sector. Reacting to the fatal accident in which one worker died and another was seriously injured when the roof of a building collapsed in Marabastad, Pretoria yesterday. Departmental spokesperson Mokgadi Pela also challenged unions and workers to strengthen their safety representatives in their work places. “I may sound like a scratched record, but for me safety comes first. It is therefore incumbent upon all stakeholders within the industry to ensure their work environment is safe,” he said. Preliminary investigations by the Department of Labour inspectors have found that the builders had been laying concrete slabs on the roof using a crane when the supporting structure collapsed. Investigations are still continuing.

Compensation fund in chaos, says LRC. IOL of 3 July 2006. 'Managerial chaos in the office of the Workmen's Compensation Fund Commissioner is resulting in the neglect of workers' rights. This is the opinion of Paula Howell of the Legal Resources Centre (LRC). Howell represents workers who have been injured while on duty and await compensation from the Compensation Commissioner, a position established in terms of the Compensation for Occupational Injuries and Diseases Act. Contributions to the compensation fund are made by employers through levies. "The commissioner's office and the Department of Labour have no commitment to a well-operated compensation scheme," said Howell, who handles around 200 claims at any given time. Some 300 000 claims are lodged annually but failure by employers to file an accident report and inefficiency mean that many gather dust in the commissioner's office'. Full text.

Minister of Labour's annual Budget Vote Speech.

'Labour inspection has noticeably improved its work in the past three years after we put in place Inspection and Enforcement Strategy (IES). However there are weaknesses and challenges to be addressed. We have in the past deliberately focused on visibility of inspectors to raise awareness. Equally we focused on quantity in terms of how many inspections we conduct per annum. This year we will begin to focus on the quality of inspections with prioritisation of the high risk areas. The slant towards quality will entail training of inspectors and exploring ways to put labour inspection on a professionalised footing. Furthermore, we resolved to enhance the productivity of our inspectors by providing them with tools of trade and by creating a special corporate identity. Recently, we sent a group of inspectors to Cuba to exchange experiences with their counterparts'.

Click here for full text.

The Compensation Fund is geared for better service delivery. 10 May 2006

The Acting Compensation Commissioner Phineas Mothiba has called upon employers and workers injured while on duty to co-operate with his office in order to speed up the processing of claims flooding the Compensation Fund. Responding to an on-going criticism of the Fund, Mothiba said that where there was co-operation between employers, the fund and those injured either on duty or having acquired diseases emanating from hazardous conditions at work, we are able to process and pay claims on time. He cited the cases of Sasol, Lenasia and ZZ2 accidents, where payments were done on record time due to the co-operation of stakeholders. In all cases whereby claims are settled quickly, the Compensation Fund is provided with all the required documentation almost immediately. In both the Sasol fire and the ZZ2 truck incidents that claimed the lives of 10 and nine workers respectively, compensation to dependants was paid out within six weeks of the incidents. This was possible because employers co-operated fully with the Compensation Fund and submitted completed claims through Labour centres of the Department. “If we can stick to this relationship, we can overcome a number of challenges. We have actually reached a point where we process claims within 90 days. With this, we plan to improve the turnaround time of processing claims to 60 days.” Mothiba said as part of bringing services closer to the people, his office called on the public to use the 124 Labour Centres of the Department that are found countrywide. The Compensation Fund is in a phase of renewal and we will continue ensuring that the interests of the most vulnerable workers, who suffer disabling injuries or contract disabling diseases in the course of their employment, are always prioritised. This is the only reason for our existence as the Compensation Fund. He said among the challenges still faced the fund included the information technology (IT) systems that needed to be integrated for operational efficiency. He has also identified customer satisfaction and advocacy, as the other two critical issues to be addressed at the Fund. “In an attempt to bring our services closer to clients we have decentralised certain functions of the Fund to the Labour Centres and clients are encouraged to use Labour Centres as points of contact with the Compensation Fund.” All these initiatives will start showing results by the end of this financial year.

Minister Mdladlana advises the Democratic Alliance (DA) to watch the space. 12 April 2006.

In a bold move aimed at putting the Compensation Fund (CF) back on track, Labour Minister Membathisi Mdladlana has once again announced a major restructuring of the fund, which will include among other things an appointment of the new Commissioner.  In his last week’s response from the DA’s request that an investigation into the Fund’s inefficiencies should be conducted, the Minister pointed out that DA’s request was outdated in the sense that department had already instituted its own probe more than a year ago. The process resulted in the firing of Commissioner Bongiwe Magojo, and that her matter was still in the hands of the Scorpions for further investigation. “The Compensation Fund acknowledges that it is experiencing operational challenges due to disparate operational systems which should be improved. The fund has so far embarked on numerous strategies to deal with the backlog it currently experiences and this is beginning to bear results,” he said. The fund received almost 1 084 668 claims since 2000. During the financial years 2004/2005 and 2005/2006, the number of finalised compensation claims has gone up tremendously. Of the claims reported between 2000 and 2003 a total of 485 722 claims were finalised as compared to 218 575 of the claims reported between 2004 and 2005. Minister said these were achieved as a result of short-term interventions like: the staff complement has been increased by appointing contract workers and train them to process claims. Dedicated teams dealing with backlog claims, medical professionals were appointed to assist in giving medical advice; these include appointment of doctors, nurses, physiotherapist, occupational therapist and an orthotist. The capacity at the provincial offices was strengthened by the appointment of additional staff. The provinces are assisting the clients at the point of entry, train them and collect outstanding information so that only complete claims which are ready for payment are sent to head office. A new enquiry system was introduced and rolled out to all the provincial offices and labour centres. The procedures for the submission of medical bills by service providers were streamlined. Big service providers who regularly see Compensation for Occupational Injuries and Diseases Act (COIDA) patients (like big employers, hospitals, groups of radiology practices, and others) have been approached by the Fund to form strategic partnerships in terms of submitting valid claims and eliminating duplicates. “The management reforms and restructuring of the CF will result in improved operational efficiency and service delivery. The reforms will be aimed at: Re-focusing the Compensation Fund and improve its service delivery capacity. “Streamlining our Business Processes and Improved Claims Management systems to improve operational efficiency is part of the process,” he said. Improved access to the Compensation Fund services which will include decentralisation of services to labour centres and provincial offices, and electronic document submission is another key intervention. In essence, the Compensation Fund acknowledges its problems and is working hard to overcome them. Improved service delivery and client satisfaction are of utmost importance and everything will be done to ensure that we are in line with the Batho Pele Principles, he said. “While the DA may be thinking that they have discovered a secret, we realised this long time ago and put in place mechanisms to correct the situation. For now I can only advise the DA to hold its horses and watch the space,” he said.

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