to promote the use of standard precautions for the prevention of the transmission of the human immunodeficiency virus, hepatitis B and any other blood-borne pathogens in the workplace; and

(b) to ensure that all his or her employees receive adequate training in the use of standard precautions for the prevention of the transmission of the human immune-deficiency virus, hepatitis B and any other blood-borne pathogens in the workplace.

(2) For the purpose of subregulation (l)(a) standard precautions shall include-

(a) treating all blood and other body fluids as potentially infectious;

taking all reasonable steps to ensure such blood and other bodily fluids are suitably cleaned up in a manner to prevent biological agent disease transmission.

taking all reasonable steps to ensure that the disposal of such blood and other bodily fluids contaminated materials are suitably disposed of in accordance with the requirements of regulation 17 of the Regulations for Hazardous Biological Agents; and furthermore, taking all reasonable steps as may be necessary to prevent the transmission of the human immune-deficiency virus, hepatitis B and other blood-borne pathogens.

Can HIV / AIDS be an occupational disease? Yes...in certain circumstances.

Click here for more.

Minister Mdladlana responds to Democratic Alliance (DA) accusations on Compensation Fund inefficiencies.

The Minister of Labour Membathisi Mdladlana has responded to the request from the DA for an investigation into the Compensation Fund’s inefficiency by saying he ordered such a probe more than a year ago. The process claimed its first casualty with the dismissal of former Compensation Fund commissioner Bongiwe Magojo. The matter has been referred to the Scorpions for further investigation. Minister Mdladlana was reacting to claims by the DA’s health spokesperson Dianne Kohler Barnard that the healthcare system for employees injured at work was in a state of crisis because of the Compensation Fund for occupational injuries and diseases was ‘failing disastrously’ to do its job. The Minister 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. That is why we are in the process of appointing a new commissioner in order to put the fund on sound footing. For now I can only advise the DA to hold its horses and watch the space.”

Blitz inspections: target small businesses. 22 March 2006. As part of an ongoing campaign by government to further protect the most vulnerable of workers, the Department of Labour inspectors are currently conducting countrywide blitz inspections aimed at checking adherence to various labour laws. Apart from the traditional inspections, these inspections are specifically targeted at small and medium sized businesses, which will also include spaza shops. “It is my view that all employers regardless of the size of their businesses, should adhere to our labour laws. Workers employed in such businesses are also entitled to workers’ rights,” he said. The blitz inspections were started on Monday and will be wrapped up on Friday. Minister DoL.

Extract from DoL's Annual Report 2004/2005. Occupational Health and Safety.

The Occupational Health and Safety (OHS) programme’s focus for 2004/2005 was on enhancing OHS awareness, promoting stakeholders’ participation, implementing a preventative strategy and updating OHS Regulations for better service delivery. The occupational health and safety legislative framework consists of the Occupational Health and Safety Act, 1993 and 20 sets of Regulations. Ensuring compliance with legislation is the responsibility of the Department’s inspectorate in the 10 provincial offices. This is accomplished by conducting inspections and investigations, providing advocacy and statutory services.

Responsibility for occupational health and safety, and workers’ compensation in South Africa currently resides in three government departments. They are the Department of Labour is responsible for workers’ compensation in terms of the Compensation for Occupational Injuries and Diseases Act and for occupational health and safety (in workplaces other than a mine, mining area and works as defined in the Minerals Act or a ship, boat or crane in terms of the Merchant Shipping Act) in terms of the Occupational Health and Safety Act. The Department of Minerals and Energy is responsible for occupational health and safety in mines, mining areas and works (as defined in the Minerals Act) in terms of the Mine Health and Safety Act. The Department of Health is responsible for the compensation of mine workers in terms of the Occupational Diseases in Mines and Works Act.

These three Departments have, with the assistance of a legal consultant who did the original research regarding the integration of occupational health and safety agencies and legislation, developed and finalised the Draft National Occupational Health and Safety Policy (DNOHS Policy) and the National Occupational Health and Safety Bill (NOHS Bill).

Click here for full Preliminary Annual Report 2004/2005. (121 pages).

Labour Department moves to rein in errant security employers. 27 February 2006. 'The Department of Labour will hold a Security Indaba at the Gauteng South region intended to address the escalating problem of non-compliance with the legislation, specifically on the sectoral determination by the security companies in the province. The provincial office is currently handling about 1080 cases from various security companies in the province who fail to adhere to legislative pronouncements in the sectoral determination thus requiring a resolute intervention from the Department. The purpose of this indaba is to educate security sector employers on the importance of complying with laws governing employment in their industry. Possible punitive measures for failing to comply with legislation include the issuing of a compliance order by the Department to the companies to force them to adhere. In addition the Director General may recommend to the labour court for a fine to be imposed.

Labour Department gets spending boost. Busrep of 15 February 2006. 'Parliament - Labour Department spending is set to increase by almost R1.2 billion over the next three years, to R8.2 billion in 2008/09, according to the latest Budget tabled by Finance Minister Trevor Manuel on Wednesday. Spending over this period is expected to rise by an average of 6.7 percent a year, says the 2006 Estimates of National Expenditure. A total of just over R7 billion is budgeted for the coming (2006/07) financial year, the bulk of which - R4.4 billion - is earmarked for sector education and training authorities (Setas). The document says skills development levy transfers to the Setas increased from R2.7 billion in 2002/03 to R3.1 billion last financial year (2004/05). Medium-term expenditure estimates for the Setas for 2007/08 are R4.8 billion, and for 2008/09, R5.2 billion. The document says the Setas showed a "vast improvement" in 2004/05, and played a significant role in implementing government's national skills development strategy. More than six million workers (6,306,557) were enrolled in structured Seta learning programmes, and 6,123,937 had completed their studies. The total number of learnership agreements and apprenticeship contracts increased from 69,306 to 109,647 for unemployed people under the age of 35'.

Arbitration finds Labour Commissioner's sacking warranted. DoL website. 2 February 2006. 'The Ministry of Labour has welcomed the arbitration award calling for the dismissal of suspended Compensation Fund Commissioner Bongiwe Winifred Ncube for misconduct, including insubordination, gross abdication of duty and negligence. Ms Ncube had taken the matter to the Commission for Conciliation Mediation and Arbitration (CCMA) in June last year following her suspension in January last year. Charges that led to Ms Ncube’s suspension related to her failure to deal effectively with the backlog of claims up to December 2002 – which eventually led to litigation against the Department of Labour by the Legal Resources Centre. The complainant was also found to have made the Fund vulnerable to fraud by failing to halt unjustified advance payments amounting to thousands of rands, while the authenticity of certain claims was not properly considered. The CCMA also found that failure to respond to or acknowledge claims timeously had exposed the Department and the Fund to reputational risks and financial liabilities. The public outcry, including media reports about “inefficiencies” within the Fund, led to claimants approaching NEDLAC for assistance, and these were taking place amid unsuccessful orders to Ms Ncube to prioritise responding to queries so as to put the Minister and Director-General in a position to respond to the public outcry, the arbitration found. In its findings, the CCMA found that Ms Ncube had had “throughout her testimony, abdicated her responsibility as the head of the Fund and therefore passing the buck to her subordinates”. “Insubordination, gross dereliction of duties and gross negligence warrant dismissal”, the arbitration concluded. Welcoming the arbitration outcome, Labour Minister Membathisi Mdladlana said yesterday the developments meant the Fund could now continue with its programme of improved service delivery without disturbance. Minister Mdladlana also welcomed the CCMA’s findings that the settlement of current claims had reduced from 80 % to 32 % between 4 April 2004 and February 2005. This meant that the Fund had not been managing the crisis efficiently before 4 April 2004 and that there were prospects of it being resolved'.

Faulty shutter could have caused Volkswagen fatalities – Initial probe. 24 January 2006

The Labour Department’s preliminary investigations into last Friday’s Volkswagen plant fatal accident in Uitenhage have found that the two contract workers fell when the improperly fixed shutter they were standing on collapsed. While the date for proper investigations, including interviews of witnesses, will only be will announced next week, the Department’s inspectors yesterday (Monday, 23 January) established that the two were working on the shutter about 14 meters above ground with their safety harnesses not attached although they had them. When the shutter collapsed, the unattached harnesses could not prevent them from falling and as a result they died at the scene. Occupational Health and Safety regulations require the wearing and proper attachment of safety harnesses at all times during high-risk operations. By yesterday, some of the witnesses, together with the workers’ union representatives, were busy counselling the deceased’s loved ones and helping on funeral preparations.

Labour inspectors to probe car plant fatality. 23 January 2006.

The Department of Labour will today (Monday) commence with investigations into the fatal accident in which two construction workers were killed at the Volkswagen plant in Uitenhage in the Eastern Cape last Friday. All production was halted at the plant on the Department's command immediately after the accident, pending the outcome of the company's internal investigations. The two men, who were reportedly working for a private construction company, fell while apparently not wearing safety harnesses, as required for high-risk operations. The Department of Labour has ordered a swift and thorough investigation into the matter, and has expressed condolences to the families of the deceased workers.

Labour Department appoints new spokesperson. 22 January 2006.

The Ministry of Labour has appointed Mr Mokgadi Pela as its new spokesperson. Mr Pela, resumed duties in the Department of Labour as Executive Manager – Communications, in August 2005. He is a veteran journalist, having worked with different publications over the past 20 years. At the time of joining the Department, he had been working as the Labour Editor of the national economics publication Business Report. Mr Pela has also served as a provincial chairperson of the trade union Media Workers Association of South Africa (MWASA). Labour Minister Membathisi Mdladlana has expressed delight that Mr Pela’s media background and expertise was already helping enhance the Department’s communication strategies.

Labour Minister averts a disastrous situation. DoL. 25 August 2005.

Labour Minister Membathisi Mdladlana today (Thursday) averted a potentially disastrous situation when he ordered an immediate halt to the construction of a sceptic tank whose walls were on the verge of collapsing on workers anytime. Minister Mdladlana noticed the lurking disaster while inspecting the construction of a multi-purpose community centre at Platfontein near Kimberley in the Northern Cape, where he is currently embarking on a three-day Imbizo outreach tour of the province. As a female brick-layer was hard at work on the three-metre deep hole, huge chunks of loose soil and deep cracks were hovering dangerously above the woman from the trench walls. Small holes dug into the walls were all that was there acted as a ladder for workers to climb down and out of the trench, with no step ladders or any protective measures in sight. Prohibiting any further work on the hole, Minister Mdladlana said that no project was more important than the lives of workers. “We cannot allow gambling with the lives of three workers. The fact that this particular worker is a woman and is made to climb in and out of this hole makes it even worse,” the Minister said. His intervention comes amidst the deaths of scores of workers who have been buried alive by collapsing trenches in various parts of the Gauteng Province recently.

Ferrochrome Blast: Two die. 22 August 2005 . DoL Media release.

Two workers had died and nine others have remained in a critical condition on several hospitals located between Gauteng and Mpumalanga Provinces, following the hot gas explosion at Ferrochrome Steel Factory in Middelburg last week on Wednesday. Labour Minister, Membathisi Mdladlana, who had earlier on reiterated his message to employers to first consider the safety of their workers before profits, said he was deeply saddened by the latest developments. He also conveyed his condolences to families of the deceased. On Wednesday last week, preliminary investigations by the Department of Labour inspectors have established that there was a water leak at the furnace, which had automatically shut down the lockout system. Upon further investigations by 13 members of the maintenance team the hot gas exploded on them. Shortly after the accident, Minister Mdladlana had categorically emphasised that it was incumbent upon employers to ensure that their workplaces are safe by adhering to the standards as prescribed in the Occupational Health and Safety Regulations. On the other hand, workers safety representatives should be seen as proactive in affirming the application of this regulation. This explosion comes at a time whereby the Department is conducting hearings into gas explosions at Sasol Plants. A typical one being the one in Secunda, which resulted in the death of 10 workers and left 300 others injured.

Media Alert. 19 August 2005. Labour Minister Membathisi Mdladlana will from Thursday, 25 August, embark on a three-day tour of the Northern Cape Province as part of his Imbizo outreach programme. The visit forms part of the Minister’s year-long nationwide tour, which has already covered the Free State, Eastern Cape, Limpopo, Gauteng and KwaZulu-Natal since the beginning of the year. During the Northern Cape trip, Minister Mdladlana will visit various areas where he will inspect the level of public service delivery on programmes including the Unemployment Insurance Fund, skills development and the Compensation Fund. The stop-overs will enable direct interaction between the Minister and stakeholders, including members of the public, about their day-to-day challenges.

Equity inspectors to be unleashed in November. Busrep of 18 July 2005. 'The department of labour would by the end of November have a roving team of inspectors to ensure compliance with the Employment Equity Act, minister Membathisi Mdladlana said at the weekend. "We have a team currently being trained by experts within the department that we will soon unleash to raid companies and government departments that fail to design equity plans, display them on notice boards at workplaces and also fail to discuss those plans with either workers or their representative trade unions. The team will operate like a special task force," the minister said. Section 20 of the equity law compels employers to prepare employment equity plans, while section 21 requires that they submit annual employment equity reports. The firms, if found guilty, are likely to be fined R500 000 each as they would be first-time offenders'. Full text.

Labour gives Mdladlana a mixed review. Busrep of 28 June 2005 .'The minister of labour, Membathisi Mdladlana, has received mixed reviews of his performance from labour experts, business and unionists against the 10-point programme of action he has set for himself and the department. The reviews come in the wake of the cabinet reshuffle announced by President Thabo Mbeki last Wednesday. While some praised the minister for developing a good relationship with business, labour and the community, others faulted him on the weak link between policy formulation and implementation. Dumisa Ntuli, spokesperson for the National Union of Metalworkers of SA, said: "His department has been very proactive and hands-on in terms of labour inspections. He has also been quick to visit areas affected by accidents such as Lenasia, where over 20 workers died after being locked by the employer overnight, Sasol and other places'.

What absolute nonsense from NUMSA! The magistrate found that DoL was partly responsible for the death of those workers at the Lenasia factory. RHL. Click here for more about the Lenasia factory fire.

Perhaps someone should have asked my opinion about the Hon Minister's OHS legislation performance! RHL.

Full text.

Equity inspectors to be unleashed in November. The department of labour would by the end of November have a roving team of inspectors to ensure compliance with the Employment Equity Act, minister Membathisi Mdladlana said at the weekend. "We have a team currently being trained by experts within the department that we will soon unleash to raid companies and government departments that fail to design equity plans, display them on notice boards at workplaces and also fail to discuss those plans with either workers or their representative trade unions. The team will operate like a special task force," the minister said. Mdladlana said the department wanted to improve enforcement of the equity legislation. There were still hundreds of employers thinking they could flout the law and get away with it. "That is why a number of employers in Newcastle, KwaZulu-Natal, will soon face prosecution in the Durban labour court for failing to comply with sections 20 and 21 of the equity law. We are using these cases to send a message that very soon no employer who flouts the law will escape prosecution. The task team will raid workplaces, identify areas of non compliance, issue compliance orders, give employers time to comply and, if on subsequent visits there is still no improvement, the inspectors will recommend prosecution," Mdladlana said. Section 20 of the equity law compels employers to prepare employment equity plans, while section 21 requires that they submit annual employment equity reports. The firms, if found guilty, are likely to be fined R500 000 each as they would be first-time offenders. The Newcastle clothing companies will appear in court from August 11. The department has said companies not complying with the equity laws risked being excluded from lucrative government contracts.

Mdladlana blames colleagues for SMME woes. Labour minister Membathisi Mdladlana has hit out at his cabinet colleagues over the frustrations of small business. n an interview with Business Report on Friday, he countered suggestions that an inflexible labour market in South Africa was discouraging investment and job creation by foreign investors and by small, medium and micro enterprises (SMMEs). Mdladlana said the main reasons for the slow inflow of foreign investment were high capital costs and the high cost of doing business. e blamed Telkom and Transnet for high telecommunications costs and transport inefficiencies. While it is easy to install a telephone, maintaining it is expensive. It is also true that our rail and ports need to be upgraded to make us competitive. We are currently losing a lot of business to Maputo simply because we are unable to unload goods within a short space of time," the minister said. e said banking margins in the country were too high and this was not attractive to business. "In South Africa, margins are at 4 percent whereas they are at 2 percent in Europe," the minister said. On small businesses, he said SMMEs should be helped to secure finance, often the main stumbling block to starting new businesses. "The department of trade and industry should ensure that Khula is working," Mdladlana said. Khula is the agency facilitating access to finance for SMMEs. "It is not unreasonable of me to want my cabinet colleagues to move on these matters." On claims that the country's labour laws were inflexible and restricting the growth of small business, he said "such an argument is shallow". Those arguing that it is difficult to hire and fire workers should explain how over 125 000 people lost their jobs between December 2004 and March this year, according to Statistics SA figures. Most of the jobs were shed in the financial and real estate sectors. There were also job losses in the retail and hotel sectors, followed by construction." Mdladlana said it was strange that some people considered the laws inflexible when "more and more small businesses have been excluded from bargaining council agreements". He said people often said the Labour Relations Act and Basic Conditions of Employment Act were restricting the growth of business "without specifying which sections they have problems with". The issue of labour market reform has been in the spotlight since the publication of an ANC discussion paper suggesting exemptions from bargaining agreements for small businesses, companies employing young people and companies in some geographical areas. The suggestion, tabled at the ANC's national general council meeting at the end of last month, was strongly opposed by the trade union movement and the council did not accept the proposal.