OHS Chat

Just as all those lovely non productive public holidays have blurred in our memories, we face the second and even third barrage! So I thought I had better slip a newsletter in between just to let you know I’m still around and, more importantly, to announce the dates for my forthcoming OHS Legislation Workshops. The logistics involved in arranging such workshops are staggering. Dates, venues, flights, printing, website alterations etc. are but a few of the time-consuming elements. And then there is the preparation of material. I mention it since this year’s show does create somewhat of a dilemma. Not insurmountable though. Are we going to see the draft OHS Act (Bill) this year? Would its publication affect my OHS Legislation Workshops? The answer is a resounding no. I’m not even very optimistic about its publication in the near future let alone it’s promulgation. And one cannot idly sit around anyway and await its publication. The OHS and MHS Acts apply and until revoked we must comply! I’m braced for it and ready to share everything I know with you. As I often said there will be very little content change as the idea is essentially to update a pre-constitutional piece of legislation and bring it in line with its counterpart, the MHS Act. (There aren’t even that many provisions in the OHS Act that potentially clash with the Constitution). Prepare to see unions given more rights and access to information. Brace yourselves for some inroads into your constitutional right to remain silent. (Section 63 of the MHS Act). Brace yourselves for a huge hike in penalties!

Naturally I have another agenda. The earlier I notify you of the Workshops, the sooner you can take advantage of all the discounts on offer. Postal mailers are about to hit your post boxes. Being the cheapskate that I am, I needed to get them out before that huge postage increase which takes effect on 1 April 2005. So get out your mouses and start clicking. (Why aren’t they called rats? At least then we wouldn’t be saddled with the plural mouses as opposed to mice).

I have raised the fee slightly for the Workshops. Less than inflation mind you and, you get a few hours of me plus lunch and all that for a little more than my hourly fee. What a bargain. And I then still offer discounts.

Click here to Register On-Line and earn an immediate 10% discount per participant. Pay within 30 days and another 10%. If you are a Subscriber you can add another 10% to 25% and, if you register for August (JHB) only or November….well then I am more-or-less paying YOU to come! If all these discounts confuse you click here for a quotation per participant.

Subscribers I hope you read (almost said enjoyed) my special Subscriber Newsletter on section 16(2) of the OHS Act? I didn’t get any hate mail so assume it didn’t offend. I needed to revisit that vrot horse as it has once again become a topic of debate and interpretation. I was hoping to have the Law Report of AAA Investments (Pty) Ltd v Micro Finance Regulatory Council and Another 2004 (6) SA 557 (T) where the maxim delegatus delegare non potest (delegated public power cannot be delegated further) was dealt with and where the court said that delegation of delegated public power was possible only if it was authorised, either expressly or impliedly, by enabling legislation. In the absence of such authorisation, the delegation of such power was not possible. Note the words ‘delegate’ and ‘public power’. More at the workshops.

You guys at SASOL continue to hog the headlines. I see the Labour Portfolio Committee has been grilling you and that the Hon. Minister paid NATREF a visit on Saturday. I couldn’t’ but gasp when I heard him say in ETV that ‘he wants to hear no more lies!’ Did I hear right? Later in the day he seemed quite docile though. But still, if I can believe my ears – I don’t think such language and attitude is helpful. And who are the liars? Nothing using that terminology on DoL’s website (Media Desk).

Remember Folks that you have until the end of the month to submit comments to DoL regarding a revision of the Construction Regulations. I’m sure many of you are concerned about the definition of Construction Work, in particular the provision pertaining to work at elevated positions on a fixed plant. Are you doing construction work as defined and, if so, must you notify DoL every single time you mount a fixed plant to work on it? I say no. Let’s tell the legislator to be clearer on that one. And do you feel that Clients as defined are equipped to provide Principal Contractors with Health & Safety Specifications. Shouldn’t it be softened to read Health & Safety Information reasonably at the disposal of the client? Like in the UK.

Subscribers, get those questions to me if you want me to grill DoL at the Morning Breakfast Workshop on 16 March about the draft Pressure Equipment Regulations. (PER). I suggest you look at PER 10 - Inspection & Test. It has some problematically broad definitions. (Are Atmospheric Storage Tanks containing a dangerous substance Pressure Equipment as defined?).

Remember the fiasco surrounding the Pretoria Magistrates Courts and toxic gases which led to DoL serving the Department of Justice with a Prohibition Notice. And the criminal case being withdrawn against the (then) DG of the Department Justice without any reasons being furnished? And the scandalous instruction to staff to continue working in those dangerous conditions or face disciplinary action? Well. It ain’t over yet. The Civil Servants Society (Union) has decided it wants heads to roll. Click here to access the page that I especially compiled for you on my website to refresh your memories. Who says we don’t live in interesting OHS times?

My thanks to the folks at MEGAPAK in Olifantsfontein and ACTI-CHEM SA (PTY) LTD in KZN for the great in-house OHS Legislation Workshops. Also to all those that have expressed interest.

You are welcome to contact me if you cannot access the hyperlinked information. Some persons have changed e-mail addresses and their e-mails are returned as undeliverable. If this newsletter does get forwarded to you (and I encourage you to hit that Forward Button), click here and I’ll add your name to my Distribution List.

As always

Your Devil’s Advocate.

Ps What is the definition of Cashtration ? (n.):

The act of buying a house, which renders the subject financially impotent for an indefinite period.