Sasol inquiry wraps up. SABC of 1 February 2006.

The commission of inquiry into the Sasol explosion at Secunda, which claimed the lives of 10 people and injured scores of others in September 2004, has wrapped up its work. However, it will take more than four months for the department of labour to compile a final report. The report will establish whether or not the petro-chemical company will be criminally charged. At the commission of enquiry - the petro-chemical giant distanced itself from the deadly explosion. Sasol says all its safety codes and practices were in place when a blast rocked its Secunda plant. It says a contractor carried out maintenance work at its plant without a valid work permit. However, it emerged that a loophole in Sasol's safety mechanism is alleged to have resulted in the blast. The disconnection of a gas pipeline was a late inclusion on the maintenance job order. It was also established that the disconnection order did not carry the official authorisation covered by a work permit.

Woman died trying to save workers. The Star of 1 February 2006. ' Magdel Uys was a hero who died trying to save the lives of her colleagues. That was part of the emotional testimony given yesterday by Daniel Muller, who was present on the day in September 2004 when Uys and nine others died in an explosion at Sasol's Secunda plant. Yesterday, Muller was the last witness to give testimony in the six-month-long inquiry held in Secunda. The inquiry had been established to determine events that led to the 10 people losing their lives in the blast. It was attended by representatives of Sasol; the Department of Labour, who presided over the inquiry; and the Solidarity union. Muller told how Uys, who worked at Unit 24 where she and her co-workers manufactured polyethylene, had been made aware that a dangerous gas, ethylene, was leaking from a pipe. But as workers hurriedly left the building, 25-year-old Uys tried to reach other workers to alert them to the danger. She didn't make it. A huge explosion erupted and she and nine others were killed and 30 others injured. Muller said he was cleaning machinery in the building when he heard a loud whistling noise. "I went to investigate and found that there was a gas leak from one of the pipes. "I then informed Uys, and another worker who was nearby, before attempting to cut the supply to the valve. But on my way to it, the line exploded," he said. Uys had already gone to find some workers and could not make it out on time. Richard Spoor, who is Solidarity's legal representative, asked Muller whether he believed that Uys was a hero who had tried to save the lives of her fellow employees. "Definitely," he answered. The lawyer representing Sasol, Pieter Conradie, said evidence presented at the inquiry showed that a contractor who had worked on the pipe that caused the leak and subsequent explosion had done so without a safety permit. Conradie said the contractor had left his workers to undo bolts on the pipe, which caused the gas to leak and consequently led to the explosion. "He worked on a live pipe without obtaining a permit, which is the standard procedure when working at the plant. That showed that he did not follow the standard procedure," he said. The presiding officer, Pieter Laubscher, from the Department of Labour, said a report would be submitted to the director of public prosecutions and the outcome would be known in four months' time'.

Sasol inquiry wraps up. SABC of 1 February 2006. 'The commission of inquiry into the Sasol explosion at Secunda, which claimed the lives of 10 people and injured scores of others in September 2004, has wrapped up its work. However, it will take more than four months for the department of labour to compile a final report. The report will establish whether or not the petro-chemical company will be criminally charged. At the commission of enquiry - the petro-chemical giant distanced itself from the deadly explosion. Sasol says all its safety codes and practices were in place when a blast rocked its Secunda plant. It says a contractor carried out maintenance work at its plant without a valid work permit. However, it emerged that a loophole in Sasol's safety mechanism is alleged to have resulted in the blast. The disconnection of a gas pipeline was a late inclusion on the maintenance job order. It was also established that the disconnection order did not carry the official authorisation covered by a work permit'.

Union pleased with probe into Sasol blast. Busrep of 31 January 2006. 'Trade union Solidarity on Tuesday expressed satisfaction with progress into the investigation of an explosion that killed 10 workers at the company's Secunda plant in 2004. "Solidarity is satisfied with the Department of Labour's handling of the investigation," spokesman Marius Croucamp said in a statement. The inquiry, which resumed again on Monday, focused on its first day on gas-alarm systems and evacuation procedures. Earlier concerns over the fact that employees had been performing work on a gas pipeline under pressure during a maintenance shutdown were again raised, Croucamp said. He said the inquiry would continue for the rest of the week and was expected to be concluded on Friday. A report would then be sent to the Department of Labour. That department's director-general would decide whether to recommend if anyone be prosecuted. The 1 September 2004 explosion at Sasol's ethylene plant injured more than 300 workers, including contractors'.

Sasol inquiry hears more testimony. SABC of 31 January 2006. 'A Sasol employee has testified that he found it almost inconceivable that a pipeline carrying highly inflammable gas, had not been made safe prior to maintenance work being carried out at the plant. Manie van Niekerk, the supervising contractor, was giving evidence at the inquiry into the explosion at Sasol's Secunda plant in September 2004, which killed 10 workers and injured many others. Van Niekerk says part of the plant was dismantled as workers continued their task, unaware of the dangers in their immediate vicinity. The explosion occurred when a pipeline was disconnected and gas leaked into a work area. A spark from a workers grinding machine is alleged to have ignited the gas resulting in the deadly explosion. Van Niekerk testified that maintenance work had already been under way for five days when the explosion rocked the Sasol plant. He says maintenance work at the plant can only be carried out after a work permit is issued. At a previous session into the Sasol tragedy a witness testified the disconnection of the deadly pipeline was late a inclusion. The required work permit was not issued and the message was conveyed telephonically to the contractor'.

Labour department lacks expertise: Sasol. SABC of 30 January 2006. 'Sasol says the department of labour lacks the capacity to deal with the commission of inquiry into an explosion at the company's Secunda plant in September 2004 that left 10 people dead. Peter Conradie, the Sasol spokesperson, was reacting to the long drawn out process of the Commission. At the previous session, which ended late last year - Sasol's chief legal council threatened to derail the enquiry and withdraw the entire team from the process after raising his concerns about the way the process is being handled. The commission of inquiry is expected to resume its work this morning in Secunda, Mpumalanga. The Sasol Commission of Enquiry into an fatal explosion at the petro-chemical giant's Secunda plant in September 2004 has been a torrid affair. Heated debates between trade Union Solidarity and Sasol's legal team have erupted into unnecessary war of words leading to numerous delays.

Nature of the blast in the spotlight
At the centre of the arguments, is the complex technical nature of the deadly blast. This is further compounded by the constitutional rights of those alleged to have caused the deaths. According to law, witnesses in an inquiry, are not compelled to give evidence that could incriminate them. Conradie says the department of labour lacks the expertise to deal with enquiries of this nature. "The Enquiry could have been shorter...it should of not been longer than two sessions. Maybe two weeks. It could be shorter if you get a lawyer chairperson at such a legal inquiry. There were many legal problems and the chairperson who is an engineer is not a lawyer which puts him in a difficult discussion - which are actually legal matters. In the future you make use of a person with a legal background it should go much quicker." The department has yet to release a statement or comment into the way the Sasol commission of inquiry has been handled. They could not be reached for comment to Conradie's statement. The cumbersome process is now into its seventh session. However, Conradie says he expects the labour department to conclude its work at this week's session. "The department is in the process of collecting evidence, information. Peter Laubscher will have to prepare a report and make recommendations to the NPA. The NPA will then decide what the next step is. That is the next step it has nothing to do with the enquiry it then be concluded," he said.

Union hopes for compensation
The commission of inquiry which is into its seventh session has called more than ten witnesses to take the stand. Most of those called are Sasol employees. All have refused to answer questions that could incriminate them. Sasol's legal team have gone all out to protect the interests of the company. This has angered the families of the deceased who want to bring closure to the matter. Meanwhile, trade union Solidarity is hoping Sasol will adequately compensate the families for the death of their loved ones. Marius Croucamp, Solidarity's spokesperson, says compensation issues are being handled in another forum. "The department will deal with the criminal aspect. The compensation aspect is dealt with in a different forum at a different level. It is not dealt with at the inquiry at all. The compensation factor is very important we feel that Sasol should take responsibility for what happened on the premises and adequate compensate those people affected, said the union representative.

Sasol refuses to be accountable
However, the petro-chemical giant, has already refused to except any responsibility for the deadly blast. They lay the blame on the shoulders of the private contractor. Sasol says all their safety codes and practices were in place.
It says the contractor carried out the maintenance work at its plant without a valid work permit and compromised worker safety. The department of labour will hand in its final report into the deadly blast to the National Prosecuting Authority who will have to decide whether to lay a criminal charge against Sasol'.

Safety issues brought up in Sasol inquiry. SABC of 30 January 2006. 'The Commission of Inquiry into the September 2004 Sasol explosion at their Secunda plant has heard that the company has no standard procedures to evacuate a workplace in the event of a gas leak at their plants. Danie Nienaber, the health and safety manager, testified that several alarm bells were sounded on the day of the deadly explosion that killed 10 people and injured scores of others. Nienaber says that after an investigation, workers were told to resume work. It was during this period that they were trapped and killed'.

Sasol blast investigation to resume on January 30. Eng News of 23 January 2006. 'The trade union Solidarity said that the Department of Labour investigation into the cause of the fatal September 2004 explosion at Sasol's ethylene plant in Secunda will be resumed on January 30. The explosion, which occurred on September 1, 2004, caused 10 fatalities and injured more than 300 other workers, including contractors. Solidarity and Sasol have been in discussions during the past few months on the issue of additional compensation to victims of the blast. “The discussions have been constructive but the issue is at a sensitive stage. We do not expect Sasol's legal team to withdraw from the investigation. “It is Solidarity's aim to improve safety throughout Sasol and in the entire chemical industry. “We have indeed been critical of Sasol in the past, but we want to make it clear that Solidarity is not Sasol's enemy and neither is Sasol our enemy. “Unsafe conditions and inadequate procedures are our mutual enemies,” said Solidarity's spokesperson for the Chemical Industry, Marius Croucamp'.

Solidarity urges Sasol not to pull out of probe. SABC of 22 August 2005. 'The trade union Solidarity has called on Sasol to reconsider its threatened withdrawal from the department of labour investigation into last year's fatal blast at its Secunda plant. "It would simply make no sense to withdraw at this stage," said Marius Croucamp, Solidarity's chemical industry spokesperson. Sasol's legal team made the threat during a heated debate with Solidarity's legal representative Richard Spoor at the fifth session of hearings in Evander last week, he claimed. It came after Spoor objected to what he contended were leading questions being put to witnesses, and amid several threats by the Sasol team of court actions and interdicts. The purpose of the probe was to uncover the cause of the incident. "A withdrawal will not serve this purpose," said Croucamp. Accusing Sasol of keeping secret the findings of its own, internal investigation, he said the department of labour probe had made progress last week with evidence "which brought us closer to the real causes of the incident." Croucamp said Sasol's threat had extremely distressed the families of those who died in the blast and who had made several complaints in this regard to the union. They were also upset at not yet having received the R5.8 million compensation reportedly being awarded by Sasol. The probe has been postponed till January next year'.

Sasol threatens to walk out of blast hearing. SABC of 19 August 2005. 'Sasol has threatened to walk out of the labour department hearing into a lethal blast at its Secunda plant, the trade union Solidarity said today. "Sasol threaten to withdraw permanently from investigation after Richard Spoor objected against leading questions by one of Sasol's legal teams," Marius Croucamp, the Solidarity chemical industry spokesperson, said by SMS from the hearing at Evander. Asked whether Sasol could do this legally, Croucamp replied in the affirmative but questioned the morality of the move. Ten people died in the blast at an ethylene plant in September last year and their families are still largely in the dark as to what happened. Sasol conducted its own inquiry into the matter but declined to publish the findings. Earlier in the day, Solidarity said a lack of co-operation was causing unnecessary delays at the hearing. The investigation started in October 2004 and may not be completed this week, as Solidarity had hoped, the union said. Testimony during the past week has raised a number of questions about safety management at the time of the explosion. Inadequate permit systems and practices, and inadequate risk assessment, were among the problem areas identified. Croucamp said the witness behaviour meant that another week or two would have to be devoted to finding the truth of the matter. At least five more witnesses still had to testify. Earlier in the week it emerged at the hearing, in Evander, Mpumalanga, that a maze of pipes and a flaw in safety procedures were the most likely causes of the blast at an ethylene plant at Secunda last September'.

Witnesses hamper Sasol probe. News24 of 19 august 2005. 'The trade union Solidarity says a lack of co-operation is causing unnecessary delays in the labour department investigation into last September's blast in Secunda that killed 10 people. The investigation started in October 2004 and may not be completed this week, as Solidarity had hoped, the union said on Friday. Solidarity chemical industry spokesperson Marius Croucamp said the delays were regrettable. "Solidarity is concerned that there seems to be no co-operative effort to disclose the truth. Witnesses who exercise their right to remain silent delay the process, because other witnesses then have to be called. "Information is not offered voluntarily, which means the enquiry proceeds in dribs and drabs. "Solidarity will continue to do all in its power to ensure the truth comes out so that steps may be taken to improve safety at Sasol." Testimony during the past week has raised a number of questions about safety management at the time of the explosion. Inadequate permit systems and practices, and inadequate risk assessment, were among the problem areas identified'.

Nactu lashes labour inspectors for not understanding Sasol safety issues. Busrep. 'The National Council of Trade Unions (Nactu), which signed a safety charter with Sasol yesterday, has strongly criticised the labour inspectorate of the department of labour for being ill-equipped to fulfil its mandate. As the war of words between Sasol and trade unions over a string of workplace fatalities wound down, Nactu president Joseph Maqhekeni said:  "What we have been finding in recent accidents at Sasol is indeed they [inspectors] do come but their capacity to look and come up with a finding [is limited]. We find they are very new and don't understand some of these issues." Maqhekeni was also concerned that the inspectorate was not proactive in monitoring compliance with the law. He had raised the issue directly with labour minister Membathisi Mdladlana, who confirmed turnover problems at the inspectorate and said the government was considering integrating the labour department's inspectorate and the department of minerals and energy's mines inspectorate. The mines inspectorate is widely considered to be more capable than its labour department counterpart. Nedlac is understood to be debating the issue of merging the inspectorates set up by the Compensation for Occupational Injuries and Diseases Act and the Mine Health and Safety Act. Maqhekeni said lack of capacity in safety inspectorates had been discussed at last week's 93rd session of the International Labour Organisation in Geneva. "I do not think it would be harmful if government were to request technical assistance from, for example, Ireland," he said. His comments come as Sasol and its three labour unions - the SA Chemical Workers' Union, of which Maqhekeni is also president; Solidarity; and the Chemical, Energy, Paper, Printing, Wood and Allied Workers' Union - signed a charter to improve safety following the deaths of 16 people in several incidents at the petrochemicals group in the past year. Sasol said yesterday that an important element of the charter was that contractors would be selected and managed according to the spirit and letter of the charter. "We believe there is no higher priority than safety at Sasol, that all safety-related incidents are preventable," said Sasol's outgoing chief executive, Pieter Cox. 'During the hearing into the causes of the September blast, Solidarity accused Sasol of failing to comply with standards set by the ILO. However, Sasol pointed out that South Africa had not ratified ILO's Prevention of Major Industrial Accidents Convention, which meant it was not bound by it'.  -  Solidarity. More

Sasol, unions commit to a culture of safety today. Busrep of 13 June 2005. 'Cape Town - Sasol and its labour unions move into a new phase today when the once-warring parties sign a charter committing themselves to a culture of safety following a year of unprecedented accidents and fatalities. Sasol spokesperson Johann van Rheede said safety had been incorporated into the group's value systems and a safety improvement plan kicked off last week with meetings between top Sasol executives and staff at the Sasolburg and Secunda facilities. The Du Pont safety audit, which was commissioned by Sasol to benchmark safety against best international practice and was made public two weeks ago, showed management shortcomings in demonstrating commitment to safety. Dirk Hermann, the deputy general secretary of Solidarity, said the Du Pont report highlighted that Sasol's safety problems were cultural in nature. "We think the culture at Sasolburg became more and more about production and profit. Everything was about how to serve the interests of the shareholder. For a long time, it was a battle of ideas and that's why it's been so hectic up to now," said Hermann. Since June last year, 16 workers and contractors have been killed in a wave of explosions. A 17th contractor died last week after collapsing at the Sasol Synfuels sulphur plant, but a post mortem revealed he suffered a heart attack. Joseph Maqhekeni, the president of the SA Chemical Workers' Union, said the union hoped to thrash out some outstanding issues at the meeting, including the establishment of a steering committee to monitor action on the Du Pont findings, particularly in relation to contractors. The Du Pont audit found quality problems with Sasol's review process of contractor performance. It said competency of contractors had already been identified by Sasol as an area needing attention and much evidence had been found of efforts to improve. Maqhekeni also said that safety representatives should be empowered to follow up matters. He was confident that efforts to improve safety performance at Sasol were "going in the right direction". Hermann, meanwhile, said the contents of the safety charter were not as important as the symbolism of it. "It's an indication of how far we've come over the last year."

Sasol bosses to sign safety manifesto. IOL of 13 June 2005. 'The trade union Solidarity has committed itself to the signing of a new safety manifesto at Sasol, Solidarity's general secretary Flip Buys said on Sunday. On Monday the trade unions with members working for Sasol and the company will sign a manifesto in terms of which the parties commit themselves to a safer Sasol. "This comes after a battle of more than a year between Sasol and Solidarity following a series of accidents at Sasol," said Buys. "Over the past 18 months, 14 people have been killed 14 and more than 300 injured. "We regard the safety manifesto as a monument. Its unique symbolic significance means more to us than its content." The manifesto charges all parties within Sasol to work towards a safer Sasol. The safety manifesto comes after Solidarity handed a petition to parliament last week, asking government to ratify a resolution of the International Labour Organisation (ILO) dealing with the prevention of serious accidents. "If we sign the manifesto at Sasol and the government ratifies the ILO resolution, South Africa will enter a new level of safety", Buys said'.

Accident toll puts focus on Sasol's safety strategies. The Star. ' A contractor plunged to his death outside the very plant where an inquiry was being held into 10 other fatalities. Fifteen workers have died at Sasol sites in the past year, and the Solidarity trade union has called the situation a national crisis. The union is due to petition parliament tomorrow in a bid to root out unsafe practices at industrial plants. "One person's death is tragic, but the spate of fatal incidents at Sasol plants during the past year is cause for serious alarm," Solidarity spokesperson Dirk Hermann said. The contractor, who cannot be identified until his family have been notified, fell off scaffolding at Sasol's plant in Secunda on Monday. Sasol spokesperson Johann van Rheede said Monday's incident was being investigated, and Labour Minister Membathisi Mdladlana said a team of inspectors from the Department of Labour would be conducting their own probe. The accident followed fires at two Sasol plants last week, in which four people sustained mild injuries, and a blast on September 1, in which 10 people were killed and 369 injured. Jaco Kleynhans of Solidarity is furious and is going to parliament to petition MPs to ratify an International Labour Organisation (ILO) convention in a bid to stop such accidents. "This is a national crisis," Kleynhans warned. Van Rheede said Sasol had taken steps to launch a safety charter between itself and the unions, and had appointed DuPont, an external company, to conduct a safety review of the corporation. "Safety in Sasol is our top priority - and we've been open about it." The DuPont report, released on May 25, three days before the fire at Sasol's Secunda plant, accuses management of not being visible. DuPont said Sasol's commitment to safety could be improved if managers spent more time on the operations, and called for supervisors, employees and contractors to be given further safety training. During the hearing into the causes of the September blast, Solidarity accused Sasol of failing to comply with standards set by the ILO. However, Sasol pointed out that South Africa had not ratified ILO's Prevention of Major Industrial Accidents Convention, which meant it was not bound by it. Kleynhans said this was why he was on his way to parliament. Meanwhile, SA Chemical Workers Union spokesperson Palatsi Palatsi claimed contractors were not given adequate safety training, which was leading to accidents. "I'd be lying if I said Sasol was doing nothing, but I think the company still needs improving so that the number of accidents can be minimised."

Accidents since 2004

  June 21 2004: Contractor killed, eight injured when a tank explodes at Secunda plant.

  July 1: Contractor killed in a gas explosion at Middelbult coal mine.

  September 1: 10 killed, 369 injured in an explosion in Secunda.

  November 30: Two killed in a fire in Sasolburg. Several people inhaled harmful gas.

  January 29 2005: Explosion in Secunda. No injuries.

  May 28: Fire at Secunda - no injuries.

  June 2: Four injured in Sasolburg.

  June 6: Contractor falls to his death in Secunda.

Sasol accepting responsibility is a welcome change
July 19, 2005

The report "Sasol to appoint black executives" (July 11, 2005) refers. Sasol chief executive Pat Davies' acknowledgement of the company's responsibility for the loss of life and suffering of persons killed and injured at the company during the past year represents a remarkable change in style and approach on the part of the petrochemical giant, from Richard Spoor, Attorney.

It is also the first time, to my knowledge, that a major South African corporation has indicated that it accepts responsibility for such harm and publicly commits to remedy it.

Davies is quoted in the report, in relation to those killed and injured, as follows: "I am deeply distressed and regret the loss of life and the suffering we have caused. This is something we will fix."

This statement bodes well for workers and holds the promise of a major improvement in health and safety at the company's plants.
The contrast between the approach of Davies and his predecessor, Pieter Cox, could not be more striking.

Under Cox's leadership, Sasol never accepted responsibility for any of the calamitous industrial and mining accidents that took place there, and which included some of the costliest accidents - in lives as well as in money - in South African history.

The pleas of victims, widows and orphans to the company for fair compensation mostly went unheeded.

It was Sasol's policy never to accept legal liability. In the straitjacketed and misanthropic thinking of its officers, this meant never accepting responsibility for anything bad.

In consequence of this, workers and their families had to make do with the wholly inadequate compensation and medical aid provided for in the Compensation for Occupational Injuries and Diseases Act, and saw them abandoned and condemned to poverty and hardship.

I act for many of the victims of the 2004 explosion that left 10 dead and hundreds more injured. I want to see them compensated; I want to see Sasol held liable in law, but I do not propose to read Pat Davies' words as an admission of legal liability.

To do so would be unfair to Pat Davies and would prejudice an extraordinarily important development.

A corporation's responsibility to make redress to workers and the families of workers who have been killed or injured in the course of its business is first and foremost a social one. I believe that it should be a legal responsibility too, but currently it is not.

Pat Davies is acknowledging Sasol's social responsibility to the people who were killed and injured. This is an extraordinarily brave thing to do and it has very significant implications for South African business.

In the first instance, it demonstrates how far the law lags behind the public bones mores or good customs.

It is apparent to almost all of us that if a worker is killed or injured in the course of his employment through no fault of his own, that his employer has a responsibility to compensate him or her for the harm or loss. Now the chief executive of one of South Africa's biggest corporations acknowledges this truth too.

At law, responsibility to compensate only arises once the worker has proven in a court of law that the employer was negligent. This involves an absurdly complex inquiry. There is an urgent need for parliament or the courts to reform this arcane and unjust law.

In the second instance, it demonstrates that it is no longer acceptable for employers to shrug their shoulders and to pass on responsibility for compensation to the statutory compensation schemes. We know that the levels of compensation are woefully inadequate.

It demonstrates that corporations are increasingly recognising the need to act in a socially responsible and sustainable manner; that time is running out for those corporations who continue to kill, maim and pollute on an industrial scale.

Sasol is a company with an unsavoury legacy of racism and collaboration in apartheid and a shameful track record on safety.

Pat Davies' bold and public commitment to safety, transformation and improved relations with the state promises finally to enable the company to put the past behind it, to go forward and to make South Africans proud.

I and innumerable South Africans wish him well.


Richard Spoor, Attorney

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