MLALDLANA CONDEMNS LICHTENBURG EXPLOSION ACCIDENT. 2 February 2004. 'An explosion that ripped through the Agrico Machinery Factory in Lichtenburg in the North West on Wednesday has left one worker dead and two others in a critical condition. Six other employees were released from hospital after receiving treatment. The explosion occurred during the galvanization of an anchor box, when workers were removing ashes before the galvanized piece was lifted out of the 450 degrees Celsius zinc bath. The Minister of Labour, Membathisi Mdladlana, said the high number of injuries and fatalities in South African workplaces remain of deep concern. He added that in this particular case inspectors have previously taken action against the employer after workers complained of unsafe working conditions. "If it is found that the employer transgressed labour legislation, we will recommend that strongest possible action is taken against them. We cannot allow employers to continue to disregard worker safety", the Minister said. Minister Mdladlana conveyed his condolences to the bereaved family. Department of Labour Inspectors issued a prohibition notice after the accident. A full-scale investigation is underway.

Surprise visits for 2 companies. News24 of 26 January 2004 'The Labour Department inspectors continued their surprise visits to companies over the weekend in an effort to make sure that the country's companies adhere to labour law legislation. Labour inspectors slapped two East London companies with nine contravention notices and two prohibitions after they were found to have contravened sections of the Basic Conditions of Employment Act (BCEA) and Occupational Health and Safety Act on Sunday. The inspectors, who were led by Service Delivery DG, Vanguard Mkosana, were initially barred from entering Paramount Mills in the city-centre, but successfully conducted inspections after informing an employer that the Department of Labour inspectors have the right to obtain a court order allowing them to proceed with inspections. Inspectors served four contraventions on Paramount Mills for not providing protective clothing, and for not maintaining fire extinguishers. The companies were also found guilty of not adhering to Occupational Health and Safety regulations and not stocking goods properly. Another employer in the West Bank area - WaWina Bakeries, was issued with two prohibition notices and five contraventions. Inspectors halted operations at the bakery because the employer locked in workers within the bakery premises with no safety exits in case of emergencies. Inspectors also served prohibition notices because one of the machines in the bakery had an exposed wiring system. The company was further served with five more contraventions notices.

Remember ESSCHEM factory fire in which 11 workers died after being locked in? Click here for more.

Another construction company violates labour laws. SABC of 24 January 2004. 'A construction company was issued with nine contravention notices in East London, the Department of Labour said today. Snuki Zikalala, the departmental spokesperson, said Group Five Construction Company and three of its subcontractors had contravened urban machinery regulations. He said the subcontractors also failed to adhere to regulations including minimum wages, records, overtime payment and attendance register. "It is our duty as the government to ensure that all workers are protected from unscrupulous employers with a total disregard of our labour laws," said Vanguard Mkosana, the Service Delivery Director-General, who led the inspections. Zikalala said operations were also stopped at Wa Wina Bakeries after it was discovered workers were locked in at night with no access to emergency exits'.

Department of Labour halts Volksblad construction work. DoL 21 January 2004.'The Department of Labour stopped the construction process at the site of the Volksblad’s sheltered parking area in Bloemfontein earlier today as a result of serious contraventions of Occupational Health and Safety (OHS) Act. Department inspectors slapped contractors Wetbou Trust with prohibition notices halting all work because of serious problems with the scaffolding and a failure on their part to issue workers with Personal Protective Equipment. Labour Department Service Delivery Deputy Director-General, Dr Van Mkosana – who is currently leading the inspection team – warned that businesses and individuals who make use of contractors can not wash their hands of responsibility for the safety of the workers.“ There is a chain of responsibility in terms of OHS regulations, and the client, contractor and any sub-contractors all share liability for the safety of the workforce,” Dr Mkosana said. Dr Mkosana added that the Construction Industry would remain an area of focus for inspectors for the year. Dr Mkosana also expressed concern at the implementation of the Employment Equity Act at Volksblad, saying that the non-representivity of staff composition indicated that this is also an area that requires attention. “The current situation – where 70% of staff are white – does not reflect the demographics of the country and needs to be addressed,” he said.

Labour to inspect companies in East London.

LABOUR INSPECTORS TO INSPECT COMPANIES IN EAST LONDON, 21 January 2004

Department of Labour inspectors will be conducting blitz inspections tomorrow night (22 Jan 2004) in East London, following complaints about night-shift working conditions at specific employers.

These inspections, which are to be led by Service Delivery Deputy Director-General Dr Van Mkosana, will be followed by visits to construction companies operating in the Ngcobo area on 23 January 2004.

Blitz visits often catch bosses with pants down. Busrep of 22 January 2004. 'It was common for blitz inspections on companies to catch employers with their pants down, Alvin Phillips and Tibor Szana, the department of labour's Gauteng managers, said yesterday. They were speaking in the light of recent inspections conducted by the department as well as follow-up visits due to take place in eight days. "When we just rock up at the workplace and ask for documentation about the Employment Equity Act, you find that there is no plan, there hasn't been consultation with employees and that the manager responsible for driving the process could be absent for one reason or another," Phillips said. Among the firms given contravention notices in Gauteng were branches of Momentum Life, CNA, MTN and Peoples Bank. It was different when companies were given prior warning. "In such cases we give them 21 days' notice that we will inspect the place. We inform them that we want the employment equity manager to be there, the equity plan to be there and union representatives to be available," Szana said. Phillips and Szana said one of the problems was "lack of consultation with employees". Section 16 of the act says an employer must take reasonable steps to consult and attempt to reach agreement with a representative trade union and employees. Despite these problems, Phillips and Szana were confident that there would be a turnaround. "A lot of employers have shown interest in our advocacy sessions where we share information about the importance of employment equity."

LABOUR INSPECTION BLITZ AT VOLKSBLAD AND CHECKERS HYPER IN BLOEMFONTEIN. DoL of 22 January 2004.

Department of Labour Inspectors stopped work at two sites in Bloemfontein earlier today during a blitz inspection. Inspectors also issued contravention notices, compliance orders and written undertakings to companies in the media and retail sector. The team of inspectors was led by Deputy Director-General: Service Delivery, Dr Vanguard Mkosana. The Department of Labour halted the construction process at the site of the Volksblad's sheltered parking area in Bloemfontein earlier as a result of serious contraventions of Occupational Health and Safety (OHS) Act. Department inspectors slapped contractors Witbooi Trust with prohibition notices halting all work because of serious problems with the scaffolding and a failure on their part to issue workers with Personal Protective Equipment. During the subsequent inspection of Volksblad's offices, a compliance order and written undertaking were also issued for non-compliance in terms of working hours and there was no letter of acknowledgement for submitting an Employment Equity Plan available on site. Dr Mkosana also said that the current situation - where 70 percent of staff is white - does not reflect the demographics of the country and needs to be addressed .At Checkers Hyper inspectors stopped operations when they served a prohibition notice for unsafe stacking of stock. The employer will be allowed to resume operations as soon as that the situation is rectified. Two contravention notices were also served for non-compliance to other regulations in the Occupational Health and Safety Act. They are:

* The walking area not clear - boxes stacked in the way.
* No fire extinguisher near to chemicals
* No designated emergency exit
* Emergency exits are not accessible
* The DB board is not locked and passage to DB board blocked
* No Personal Protective Equipment such as gloves is allocated to staff working in food division.

Inspectors of the Department of Labour will do follow up inspections to ensure that the working environment is safe for workers. Dr Mkosana assured employees that inspectors are at all times visible and that the Department of Labour has adopted the no tolerance attitude against any employer who violates the labour laws of South Africa. He also said that the Department values people's lives and will ensure that employers comply with laws that protects workers at workplaces.

MORE THAN 1600 WHOLESALE AND RETAIL SECTOR CONTRAVENTIONS UNACCEPTABLE - MINISTER SAYS
25 February 2004. Click here for more.

Click here for DoL contravention breakdowns.

MINISTER LEADS INSPECTIONS OF KZN FARMS. 17 February 2004. During the last part of his KwaZulu-Natal farm blitz inspection programme Labour Minister, Membathisi Mdladlana, expressed disappointment at the levels of non-compliance to labour legislation. The Minister, who was leading the team of Labour inspectors, was accompanied by the KwaZulu-Natal MEC for Agriculture, Dumisani Makhaye, and Cosatu General Secretary, Zwelinzima Vavi, to farms in Dundee today. The Minister's team inspected two farms, where a total of 22 contravention notices were issued. At Crafcor Farm a contravention notice was issued because separate toilets were provided for black and white employees. Management undertook to address the issue immediately. The employer, Mr M Sadie, also received 13 other contravention notices for a range of violations including the unsafe storage of flammable liquids, lifting machines that had no safe working load-marks, no service records for the lifting machines and compressors, unsafe welding equipment, unguarded machinery, and unhygienic toilet facilities. Another Dundee farmer, Tony Dube, did not comply with a number of Occupational Health and Safety Regulations - and was served with eight contravention notices. Since inspections started on Monday, more than 24 farms have been visited and inspectors have issued at total of 77 contraventions and three prohibition notices to employers. Contravention notices were served for - among others - non-adherence to the farm workers sectoral determination, the Unemployment insurance Act, the Compensation for Occupational Injuries and Diseases Act, and a variety of Occupational Health and Safety regulations. Minister Mdladlana said it was imperative that employers treat workers in a humane manner, pay them the prescribed minimum wage and ensure adherence to Occupational Health and Safety Regulations. "It is quite shocking to see the levels of mistrust that exist between employer and employees in farms in this part of KwaZulu-Natal," the Minister said. "I am pleased, however, that there were eight farmers who complied to all aspects of labour legislation and several who seem to be making genuine effort to comply. I call on all farmers in the area to follow the example of these eight farmers," the Minister said. The Minister has also instructed inspectors return to Avalon Farm in Dundee, after the farmer had locked all entrances to the property, preventing the team from gaining access. "My inspectors will return and will ensure that the owners of this farm adhere to every relevant piece of labour legislation," the Minister said.

Minister of DoL issues stern warning to construction industry.  Click here for more....

INSPECTORS CONDUCT WEEKLONG NATIONWIDE BLITZ INSPECTIONS ON WHOLESALE AND RETAIL SECTOR. 16 February 2004. The Department of Labour's weeklong nationwide blitz inspections focusing on the Wholesale and Retail Sector kicked off this morning. Inspections were conducted in all of the provinces, and initial reports indicate that 109 inspections have been conducted in the Free State and KwaZulu-Natal. Reports from the other provinces are in the process of being collated. Inspectors have been instructed to pay particular attention to compliance with the sectoral determination, which sets minimum wages and basic conditions of employment. In the Free State it was found that only 41 percent of employers are compliant with the sectoral determination. Thirty-one written undertakings, 42 improvement notices, 16 Contravention notices and 4 compliance orders were issued. Some of the areas for concern in KwaZulu-Natal included:

* Not issuing pay slips
* No leave records
* Records of employment
* No written particulars of employment
* Underpayment of wages
* Contravention of Occupational Health and Safety Regulations.

"Workers from the former TBVC states should be getting 20% increase as from the 1st of February, while those in metropolitan areas are entitled to 8.8 percent wage increase," the Minister said.

MINISTER MEMBATHISI MDLADLANA LEADS BLITZ INSPECTIONS ON KWAZULU-NATAL FARMS. 16 February 2004. Department of Labour inspectors led by Minister Membathisi Mdladlana, KwaZulu-Natal MEC for Agriculture, Dumisani Makhaye, and Cosatu General Secretary, Zwelinzima Vavi, have swooped on farms in Northern Natal, after complaints that farmers were failing to adhere to labour legislation. Farm workers have alleged that specific farmers in the Dundee and Newcastle areas have failed to implement the sectoral determination, setting minimum wages and employment conditions and Occupational Health and Safety (OHS) regulations. In total inspectors have made one recommendation to prosecute, and have issued three prohibition orders and 26 contraventions on three farms. Inspectors will recommend that head of local Farmer's Association, Mr Theo van Rooyen, be prosecuted for several contraventions. Mr van Rooyen of Waaihoek, Utrecht, was not complying with the farm workers sectoral determination, which stipulates that minimum wages should be R650. Instead his workers are being paid R120 to R170 - plus a bag of mielie-meal per month. Inspectors found that the farmer had failed to contribute to the Unemployment Insurance Fund for at least six months, and that there were no Compensation Fund records or written particulars of workers in his employment. Inspectors also found there was no copy of the OHS Act on the premises, no incident report book, no first aid box, no first aider and workers were not supplied with overalls nor necessary personal protective equipment (PPE). Inspectors also found that the building equipment was unsafe. Earlier this morning, inspectors served seven contraventions and two prohibition notices at Vaalbank farm near Utrecht, which belongs to Theodore Reinecke Landman. The prohibition notices were issued for dangerous and illegal electrical connections and the failure on the part of the employer to provide workers with sanitary facilities. However, inspectors discovered that Landman was paying the minimum wage and also contributed to the unemployment Insurance Funds (UIF) and Compensation Fund.

Inspectors also issued him with contravention notices for:

* Not having a first aid box
* No incident record book
* No records of service for the compressor
* Grinding machine not correctly adjusted
* Machinery was not guarded
* No material safety datasheet for hazardous chemicals.

The Minister and his inspectors also visited Buffelsrivier-Boerdery in
Waaikraal near Utrecht. Prohibition notices for dangerous electrical connections were issued - along with contravention notices in relation to a range of issues including non-payment for night-shift work and failure to keep an over-time register. Contravention notices were also issued for failure to have a copy of the OHS Act on the premises, no incident book, no first aid box, no health and safety representatives, inadequate sanitary facilities for workers, no PPE, and unsafe welding equipment. Minister Mdladlana said he was shocked by the level of non-compliance with the labour laws. The Minister added that in May 2001, organised agriculture, labour and government committed themselves to a vision for agriculture, whereby all parties agreed to ensure that human rights, including worker rights would be respected on farms. "Employers are bound by this document - as well as the sectoral determination and other pieces of legislation, to ensure that workers are treated humanely. Sadly today's experience indicates that neither the spirit nor the letter of the Vision are being adhered to," Minister Mdladlana said. "There will be no place to hide for employers who are failing to abide by the country's labour laws. Vulnerable workers must be rest assured that their rights will be protected," he said. The Minister said that it is his job to ensure that peace and stability in the labour market prevails, but he will not tolerate employers who treat worker inhumanely and exploit them. "The ANC government will always ensure that workers rights are being adhered to and complied with," the Minister added. More inspections are to be conducted in Dundee tomorrow.

MEDIA ALERT: INSPECTION BLITZ IN DUNDEE AND NEWCASTLE. 15 February 2004. The Minister of Labour, Membathisi Mdladlana, is inviting media to join him and the Departmental inspectors on a blitz inspection in the Dundee and Newcastle areas starting Monday. The inspection will focus on compliance to sectoral determination for farm workers and Occupational Health and Safety Act regulations. The inspectors follow complaints about non-adherence to minimum wage, overtime pay, unlawful deductions, working hours, overtime and health and safety issues at specific farms in those area. This campaign is a follow up to a successful series of blitz inspections that took place in the Newcastle and Dundee areas last year and also forms part of the Department's ongoing campaign to protect the most vulnerable workers. The details for the Newcastle blitz inspections are:
Date: 16 February 2004
Time: 07:00 for 07:30
Venue: Newcastle Labour Centre, 9 Industria Road.

LABOUR INSPECTORS TARGET WHOLESALE AND RETAIL EMPLOYERS IN THE WEEK OF THE 16-TH-20TH FEBRUARY
13 February 2004. Department of Labour inspectors will be conducting nationwide blitz inspections as from the beginning of next week focusing on the wholesale and retail sector. Inspectors will pay particular attention to compliance with the sector's sectoral determination, which sets minimum wages and basic conditions of employment. Workers in the sector on a minimum wage in former homelands should have received wage increases of 20 percent as from the beginning of February, while their counterparts in other areas should have received 8.8 percent. "The Sectoral Determination is part of my programme to protect the most vulnerable of workers and not only does it set working conditions and wages, but it also made provision for annual increases to those wages," the Minister said. The Minister added that determination addresses the needs of both employers and workers and offers protection, while providing flexibility. An example of this flexibility is where workers can choose to exchange percentage of benefits for more money. While employers may have more flexibility to reshuffle around 40 to 45 working hours a week as stipulated by the determination.

No media invite this time?

MEDIA STATEMENT: REGRET AT THE TRAGIC DEATH OF LUNGILE MATHEBULA 10 February 2004.

The Minister of Labour, Membathisi Mdladlana, has expressed regret at the tragic death of Lungile Mathebula (18) who died in the Addington Hospital - after a lift she was using with three other youths plunged from the 15th floor at the John Ross House, Victoria Embankment in Durban last Friday afternoon. Minister Mdladlana also ordered that an investigation surrounding this incident be speeded up in order to determine whether property owners had in any way violated Occupational Health and Safety Regulations. Preliminary investigations by the Department of Labour inspectors revealed that a lift cable had snapped, before Zinhle Mathebula (18), Lungile Mathebula (18), Mondli Mthethwa (18) and Thembi Chule plunged to the ground. Minister Mdladlana conveyed his sincere condolences to the bereaved Mathebula family for the tragic loss of their daughter. "Strong action will be taken against those responsible if there is evidence of gross negligence or violation of Occupational Health and Safety Act," he said.

Minister of Labour's State of the Nation Address.

'With regards to the people's contract on the violation of workers rights, I was angered and saddened to learn of the tragic death of Nelson Shisane in Limpopo. This worker's employer is alleged to have thrown him to a pack of lions because he was troublesome. These actions have no place in any society and this employer has no place in our society. Together with the South African Police Services, my inspectors are investigating this incident and justice will take its course. May his soul rest in peace'. Full text.