Labour Guide – Up-to-date Safety News

MEDIA  ALERT

Imperial Logistics Construction Structural collapse inquiry closes curtain with submission of heads of argument - Department of Employment and Labour

The Imperial Logistics Construction Structural collapse inquiry appointed by the Department of Employment and Labour to investigate the causes of the collapsed building in Jacobs, Durban is expected to conclude its work when it sits next week.

The affected parties in the fatal Jacobs building structural collapse will be expected to submit and/or deliver their heads of argument in the two-day session. The session will be held from 31 July 2019 to 01 August 2019. The hearing is held at the KwaZulu-Natal Master Builders Association offices, 40 Essex Terrace, Westville.  

Some of the parties that were affected by the structural collapse who submitted testimony before the inquiry included: Imperial Logistics, Tilt Up SA, Talmac Engineering, ECHO Precast, Bedrock Construction, Archi Studio, JDF Construction, Moedi Engineering, Benrob Construction, and ECHO Prestress. 

More than 20 witnesses have appeared before the inquiry. The Section 32 inquiry started gathering testimony on 23 February 2019. 

The inquiry was appointed following an incident on 28 March 2018, in which Echo Prestress, a precast roofing company, was busy with the final installation of the concrete precast roof slab. At approximately 12H30, the precast concrete structure collapsed resulting in the deaths and injury of workers.

The Jacobs structural collapse led to the deaths of four workers: Bhekuyise Moses Sibiya, France Mokhuthu Sekalu, Constandino Mapukula and Siyabonga Bhane. Four other workers were injured.

This fatal collapse caused structural damage to an adjacent building and damages to a heavy duty vehicle which was stationed on the public road along the perimeter fence of the facility.

The Section 32 hearing has been initiated by the Department of Employment and Labour to investigate levels of compliance with the Occupational Health and Safety (OHS), and negligence that caused occupational injuries and death of workers.

Mr. Sandile Kubeka a Department of Employment and Labour Specialist: Occupational Health & Safety is the Presiding Inspector of the Formal Inquiry. He is assisted by Mr Lennie Samuel, a Forensic Investigator from the Department of Employment and Labour’s Inspection and Enforcement Services (IES) branch.

The Department of Employment and Labour is investigating the incident in terms of the Occupational Health and Safety Act and its regulations. If anyone is found to have contravened the Act or its regulations, a recommendation to prosecute will be made to the National Prosecuting Authority.

NB: The inquiry starts at 10:00am.

Media is invited to the inquiry.

For more information contact:

Nhlanhla Khumalo

Assistant Director: Communication (KwaZulu-Natal)

Email: nhlanhla [DOT] khumalo [AT] labour [DOT] gov [DOT] za 

-ENDS-

Issued by:

Makhosonke Buthelezi 

Acting Department of Employment and Labour Spokesperson

Makhosonke [DOT] Buthelezi [AT] labour [DOT] gov [DOT] za

Imperial Logistics Construction Structural collapse inquiry to resume - Department of Employment and Labour

The Imperial Logistics Construction Structural collapse inquiry appointed by the Department of Labour to investigate the causes of the collapsed building in Jacobs, Durban, is set to resume on 18 June 2019 at the KwaZulu-Natal Master Builders Association offices, 40 Essex Terrace, Westville.   

Expected to take the stand when the inquiry reconvene is Demo Salerno, a construction site Principal Agent. Salerno, was in March when the inquiry last sat, supposed to take the stand when the inquiry adjourned after it was realised that other parties’ legal representatives would require additional time than was allocated to interrogate the witness.  

To date, 23 witnesses have been interrogated – with building inspector from eThekwini municipality, expert witnesses (engineers), and the Chief Executive Officer of Imperial - Steven Smith. At least four witnesses will now be expected to testify before the inquiry concludes its work.  

The Section 32 inquiry started gathering testimony on 23 February 2019. The third session will start from 18-21 June 2019.

The Jacobs structural collapse led to the deaths of four workers: Bhekuyise Moses Sibiya, France Mokhuthu Sekalu, Constandino Mapukula and Siyabonga Bhane. Four other workers were injured.

This follows an incident on the 28 March 2018, in which Echo Prestress, a precast roofing company, was busy with the final installation of the concrete precast roof slab. At approximately 12H30, the precast concrete structure collapsed resulting in the deaths and injury of workers.

This fatal collapse caused structural damage to an adjacent building and damages to a heavy duty vehicle which was stationed on the public road along the perimeter fence of the facility.

Since then, the Department of Labour’s inspectors issued a prohibition notice to Imperial Logistics, prohibiting it from any further work until the circumstances and root causes surrounding the collapse were investigated.

The Section 32 hearing has been appointed by the Department of Labour Chief Inspector, Mr Tibor Szana to investigate levels of compliance with the Occupational Health and Safety (OHS), and negligence that caused occupational injuries and deaths of workers.

Mr. Sandile Kubeka a Department of Labour Specialist: Occupational Health & Safety is the Presiding Inspector of the Formal Inquiry. He is assisted by Mr Lennie Samuel, a Forensic Investigator from the Department of Labour’s Inspection and Enforcement Services (IES) branch.

The affected parties in the Jacobs building collapse incident include: Imperial Logistics, Tilt Up SA, Talmac Engineering, ECHO Precast, Bedrock Construction, Archi Studio, JDF Construction, Moedi Engineering, Benrob Construction, and ECHO Prestress.  

The Department of Labour is investigating the incident in terms of the Occupational Health and Safety Act and its regulations. If anyone is found to have contravened the Act or its regulations, a recommendation to prosecute will be made to the National Prosecuting Authority.

NB: The inquiry starts from 10:00am on the first day, and from 19-21 it will start at 08:00am.

Media is invited to the inquiry.

For more information contact:

Nhlanhla Khumalo

Assistant Director: Communication (KwaZulu-Natal)

Department of Department of Employment and Labour 

Email: nhlanhla [DOT] khumalo [AT] labour [DOT] gov [DOT] za  

-ENDS-

Issued by:

Mokgadi Pela

Acting Departmental Spokesperson

Department of Labour host a Construction Indaba to discuss the spate of the recent structural collapses in SA

The Department of Labour is to host a Construction Indaba to bring together role players in the construction industry to discuss construction regulations compliance in wake of the recent structural collapses around the country.

The Construction Indaba will also look at findings of non-compliances identified by the Department of Labour Inspectors on construction sites with respect to Occupational Health and Safety (OHS). The Indaba will be held at the Coastlands Hotel in Umhlanga, North of Durban.

The Indaba will bring together all internal sub-directorates under the Occupational Health and Safety Directorate and external stakeholders to provide and share information on other legislation directly related with the current Construction Regulations.

Some of the recent (years) fatal structural collapses include: the Tongaat Mall, Meyersdal Eco Estate house, Grayston Drive Bridge collapse, and the Imperial Logistics structural collapse.

Department of Labour Deputy Director-General of the Inspection and Enforcement Services (IES), Mrs Aggy Moiloa is to deliver the keynote address and she will share the platform with the Department of Labour Chief Inspector, Mr Tibor Szana.

Also expected to address the Indaba will be Department of Labour Director: Health and Hygiene, Bulelwa Huna; Department of Labour Director: Electrical and Mechanical, Jakes Malatsi; National Regulator for Compulsory Specifications Technical Advisor, Rudolph Opperman; and Master Builders Association representative, Neil Enslin.   

The Indaba will conclude with a panel discussion.

Details of event are as follows:

Date: 14^th March 2019

Venue: Coastlands Hotel in Umhlanga

Time: 08h30am to 16:15

For more information on the Construction Indaba contact:

Hilton Ganesen, Deputy Director: Specialist for Construction

Telephone: 012 309 4388  / Cell: 082 889 3402

E-mail Address: hilton [DOT] ganesen [AT] labour [DOT] gov [DOT] za

Issued by:

Department of Labour Spokesperson

Teboho Thejane

Media Release

Operations Director testifies that Freightmax, its employees and executives cannot be held responsible for the collapse of Imperial Logistics structure in Jacobs, Durban

Shaun Barker, the Operations Director from Freightmax, a logistics and transport company, testified before the Imperial Logistics Construction Collapse inquiry that the “accident in Jacobs near Durban cannot be imputed to Freightmax, its employees and executives”.

Barker told the inquiry that, “Freightmax took all reasonable steps to comply with the Occupational Health and Safety (OHS)” during the construction of stores facility. He further extended his condolences and apologies to the families, friends and colleagues who passed away on the fateful day, including those who were injured.

According to Barker he has been working for Freightmax as Operations Director since 1998. Freightmax is a business unit of Imperial Logistics. He has a Degree in Logistics from the University of Johannesburg (formerly RAU). Barker, before joining Freightmax has been involved in the logistics and carrier  industry.

He testified before the inquiry that on the date of the incident he was in the office when he heard a loud bang and the building shaking. He said given the magnitude of the noise and as per the incident protocol he notified his seniors and fellow colleagues about what had occurred. 

The Department of Labour appointed formal inquiry into the collapse of the structure that was under construction on the premises of Imperial Logistics at 11 Milner Street in Jacobs, Durban in KwaZulu-Natal formally started today at the offices of  KwaZulu-Natal Master Builders Association’s offices, 40 Essex Terrace, Westville.

The inquiry follows the 28 March 2018 incident that led to the death of four workers: Bhekuyise Moses Sibiya, France Mokhuthu Sekalu, Constandino Mapukula and Siyabonga Bhane. Four other employees sustained cracked skull, fractured spine, injuries to abdomen, and muscular skeletal system. 

During the incident Echo Prestress, a precast roofing company, was busy with the final installation of the concrete precast roof slab. At approximately 12H30, the precast concrete structure collapsed resulting in the deaths and injury of workers.

The collapse caused structural damages to an adjacent building and a heavy duty vehicle which was stationary on the public road along the perimeter fence of the facility.

Following the collapse the Department of Labour’s inspectors issued a prohibition notice to Imperial Logistics, prohibiting any further work from being undertaken until the circumstances and root cause surrounding the collapse were investigated.

The Section 32 hearing has been appointed by the Department of Labour Chief Inspector, Mr Tibor Szana to investigate compliance to Occupational Health and Safety (OHS), and negligence that caused occupational injuries and death of workers.

Mr. Sandile Kubeka, a Department of Labour Specialist: Occupational Health & Safety is  the Presiding Inspector of the formal inquiry. He is assisted by Mr Lennie Samuel, a Forensic Investigator from the Department of Labour’s Inspection and Enforcement Services (IES) branch.

A total of 18 witnesses have been lined to testify before the Commission. Additional witnesses may/will be called in to testify based on information presented at the inquiry.

The affected parties in the building collapse incident include: Imperial Logistics (trading as Freightmax), Tilt Up SA, Talmac Engineering, ECHO Precast, Bedrock Construction, Archi Studio, JDF Construction, Moedi Engineering, Benrob Construction, and ECHO Prestress. 

The inquiry continues tomorrow, 24 January from 10:00am.

Media is invited to the inquiry.

For more information contact:

Nhlanhla Khumalo

Provincial Communication Officer

Department of Labour

-ENDS-

MEDIA  RELEASE

Department of Labour postpones the start of inquiry into the collapse of the structure on the premises if Imperial Logistics in Jacobs, Durban to Wednesday

The sitting of the Department of Labour's formal inquiry into the collapse of the structure that was under construction on the premises of Imperial Logistics at 11 Milner Street in Jacobs, Durban in KwaZulu-Natal has been postponed.

The inquiry was supposed to start today (21 January 2019), and will now start on Wednesday (23 January). The postponement was caused by technical circumstances beyond the control of the Department. The Department wishes to apologise for the inconvenience caused. 

"The Department whole-heartedly appreciates the KwaZulu-Natal Master Builders Association for availing its facility during the Freightmax Jacobs Incident inquiry". 

The inquiry was supposed to start following the 28 March 2018 incident that led to the death of four workers: Bhekuyise Moses Sibiya, France Mokhuthu Sekalu, Constandino Mapukula and Siyabonga Bhane. Four other employees were injured.

On the above date, Echo Prestress, a precast roofing company, was busy with the final installation of the concrete precast roof slab. At approximately 12H30, the precast concrete structure collapsed resulting in the deaths and injury of workers.

This collapse caused structural damage to an adjacent building and a heavy duty vehicle which was stationary on the public road along the perimeter fence of the facility.

Following the collapse, the Department of Labour’s inspectors issued a prohibition notice to Imperial Logistics, prohibiting any further work from being undertaken until the circumstances and root cause surrounding the collapse were investigated.

The section 32 inquiry will be held at KwaZulu-Natal Master Builder Association offices, 40 Essex Terrace, Westville, Durban

The Section 32 hearing has been appointed by the Department of Labour Chief Inspector, Tibor Szana to investigate levels of adherence to Occupational Health and Safety (OHS), and negligence that caused occupational injuries and death of workers.

Mr. Sandile Kubeka a Department of Labour Specialist: Occupational Health & Safety has been appointed the Presiding Inspector of the formal inquiry. He will be assisted by Mr Lennie Samuel, a Forensic Investigator from the Department of Labour’s Inspection and Enforcement Services (IES) branch.

The first witness to take the stand will be from Emperial Logistics. A total of 18 witnesses have been lined to testify before the Commission. Additional witnesses may/will be called in to testify based on information presented at the inquiry.

The affected parties in the building collapse incident include: Imperial Logistics (Trading as Freightmax), Tilt Up SA, Talmac Engineering, ECHO Precast, Bedrock Construction, Archi Studio, JDF Construction, Moedi Engineering, Benrob Construction, and ECHO Prestress.  

The inquiry will start from 10:00am.

Media is invited to the inquiry.

For more information contact:

Nhlanhla Khumalo

Provincial Communication Officer

Department of Labour:  KwaZulu-Natal

Email: Nhlanhla [DOT] khumalo [AT] labour [DOT] gov [DOT] za

Issued by:

Teboho Thejane

Departmental Spokesperson

Update: Occupational Health and Safety Act and Regulations (85/1993)

Occupational Health and Safety Act: Regulations: General safety: Applications to provide first aid training must be accompanied by valid accreditation certificate

Dear reader

The Chief Inspector has published an amendment for First Aid Training providers for their Compliance in lieu of Accreditation with the Quality Assurance Bodies and is extended until 31 March 2020 provided that First Aid Training providers submit their applications for accreditation with the Quality Assurance Bodies on or before 30 April 2019. This notice is an extension of the previous notice which expired on 22 August 2018.

Link to download: Amended Notice NO.1028

Tinus Boshoff

Update: Occupational Health and Safety Act and Regulations (85/1993)

Notice regarding application for construction work permit of construction work in terms of the construction regulations 2014

Dear reader

Under section 40(3)(b) of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), the Chief Inspector, appointed as chief inspector in terms of section 27(1) of the said Act, and by virtue of the powers delegated to him by the Minister of Labour, in terms of section 42(1) of the said Act, has granted a temporary exemption of Construction Regulations 3(1) in terms of section 40 of the said Act.

Government Notice 641 of 24 July 2015 is hereby repealed.

Link to download the Notice: R.850 of 2018

Tinus Boshoff

Update: Occupational Health and Safety Act and Regulations (85/1993)

Draft regulations for hazardous chemical agents

Dear reader

The Minister of Labour has given notice of her intention, in terms of section 43 of the Occupational Health and Safety Act 1993 (Act No 85 of 1993), to make the regulations in the schedule.

Interested persons who wish to comment on the draft regulations are invited to do so in writing within 90 days from the date of publication of this notice, in the prescribed format (see annexure A.)

Link to download: Annexure A (including the Draft Regulations for Hazardous Chemical Agents)

Tinus Boshoff

Update: Occupational Health and Safety Act and Regulations (85/1993)

Occupational Health and Safety Act: Incorporation of Safety Standards into Lift, Escalator and Passenger Conveyor Regulations – 2015

Dear reader

Please note that the Chief Inspector in terms of section 27(1) of the said Act, and by virtue of the powers delegated to him by the Minister of Labour in terms of section 42(1) of the Act, after consultation with the Advisory Council for Occupational Health and Safety, has, under section 44 of the Occupational Health and Safety Act (Act No.85 of 1993), as amended, amend the schedule in the Lift, Escalator and Passenger Conveyor Regulations, 2010 by replacing SANS 50081-1 and SANS 50081-2 with SANS 50081-20 and SANS 50081-50.

Link to download the Notice: G.G. R.484 of 2018

Tinus Boshoff

Excavation collapse results in death of employee inline of duty

The collapse of an excavation resulted in the death of an employee and injuring two others in the line of duty at Masingita Mall construction in Giyani on Monday. The employees were working for AJCOR Civils, a contractor appointed to extend the mall.

Preliminary investigations conducted by an Occupational Health and Safety Inspector from the Department of Labour in Limpopo confirmed that three employees were tasked to prepare the trench pipeline. The trench was about three meters deep and muddy. As they were busy removing the mud and sand from the pipe, one side of the excavation collapsed on them, covering the deceased employee effusively, while the other two were covered up to their waists. The contractors and emergency service managed to rescue the two, and unfortunately the third employee was already dead. The rescued employees are in hospital.

The investigations revealed that two contractors were on site, one tasked with civil works and the other with building construction. The incident occurred on the civil works. A prohibition notice was served on the civil works of construction until the contractor can render the area of the incident safe to work in, under the Occupational Health and Safety Act, 1993 as the area threatens the safety of other persons.

Chief Inspector, Phaswane Tladi said the contractor was advised to come up with remedial actions to avoid further incidents.

“A full investigation will be conducted wherein the outcome will be referred to the Police and the National Prosecuting Authority for further action,” Tladi said.

For more information contact

Phaswane Tladi

Provincial Chief Inspector: Inspection Enforcement Service

Issued by:

Teboho Thejane

Departmental Spokesperson