Labour Guide – Up-to-date Safety News

Strengthening readiness procedures to deal with Major Hazards Installations disasters must be prioritised

Media Release: Department of Employment and Labour: 09 October 2019

Addressing scores of stakeholders in the Major Hazards Installations (MHI) industry today, Inspection and Enforcement Services (IES) Phumudzo Maphaha said the status of readiness in big cities when it comes to MHI incidents is a major worry.

Maphaha was addressing an MHI workshop at the eThekwini Electrical Springfield in Durban to sensitize the Local Authorities on the new amendments to the MHI regulations and, to collect inputs to develop an MHI technical document.

Major hazard installation is an industrial facility that manufactures and/or stores relatively large quantities of chemical materials, which, if they were to lose containment, would result in effects that could cause harm to personnel and members of the public outside the facility.

Effects may include major fires, explosions and release of toxic materials that disperse over a distance.

Maphaha said Durban is one of the high risk cities dealing with a close proximity to major hazards installations sites as a result to fuel pipelines that run across the city.

“We are dealing with a challenge of infrastructure which is very old and anyone dealing with major hazards installations especially in the Kwa-Zulu Natal Province, must be fully alert at all times. We need to have personnel which are competent and professional to deal with major hazards installation incidents that can occur”, said Maphaha.

Maphaha told the workshop that the Department of Employment and Labour is set to publish amendments to the MHI Regulations and encouraged all experts in the industry to use that opportunity to give inputs and new ideas to the amendments.

“MHI is a highly hazardous field, and should be controlled in such a manner to prevent major incidents. Part of the amendments to the regulations will focus on the emergency preparedness plan and we will be working closely with municipalities to formulate strategies in order to be better prepared in case of major hazards installations catastrophes’, said Maphaha.

He said the recent floods which hit Durban should be used as a glimpse on the state of readiness that cities have when it comes to dealing with MHI disasters.

Kwa-Zulu Natal is one of the provinces facing non-compliance on MHI at a 55% level, and almost 60 MHI sites have not updated their quantitative risk assessment report.

Department of Employment and Labour is currently collecting inputs in the three provinces (Kwa-Zulu Natal, Western Cape and Gauteng) with highest numbers of MHI to improve its services. The inputs will assist in developing a Memorandum of Understanding to effectively control and regulate the MHI industry.

The workshops are aimed to institute relations with the local authorities and to collect inputs to develop an MHI technical document which will assist the department, the MHI industry and the local authorities.

The technical document is meant to assist the local authorities and the duty holder or the risk owners to comply with the MHI Regulations by:

• Identifying an entry point for MHI approvals at the local authority

• Defining the criteria for quantitative risk assessments and the minimal acceptable contents in the risk assessment reports; and

• Renewal and updating of MHI information.

The next workshop will be held on 21-22 November 2019 in Western Cape Province (Fransie van Zijl Drive, Parow, 7500 Tygerberg Hospital Premises) followed by Gauteng Province.

The session starts at 08h30 and media is invited.

For more information contact:

Ms Rachel Aphane

Email: Rachel [DOT] Aphane [AT] labour [DOT] gov [DOT] za

Department of Employment and Labour achieves a 100,10 % inspection rate and now targets problematic sectors for attention

The Department of Employment and Labour has reported a 100,10 percent in the rate of workplace inspections for the financial year 2018/2019 and is now shifting its radar on problematic sectors.

Department of Employment and Labour Chief Director of Statutory and Services, Advocate Fikiswa Mncanca said the overall target of workplace inspections for the year under review was 218 732 and the actual inspections conducted were 218 919. Mncanca said of the employers inspected 177 209 were found to be compliant and 41 710 were non-compliant.

According to Mncanca 41 593 employers were served with notices, and 4 619 employers were referred to statutory services for prosecution.

Mncanca was speaking today (September 25) during the Department of Employment and Labour’s Inspections and Enforcement Services (IES) branch’s Employment Standards conference. 

The three-day event brings together all Department inspectors. The national inspectors’ conference is held under the theme: “Innovation starts with us”. It will end on Friday. The conference held at the Olive Convention Centre in Durban brings together 1 300 Departmental officials, majority of whom are inspectors under one roof to discuss latest innovations in the midst of the 4th industrial revolution sweeping the workplaces.

The conference’ presentations will focus on the IES’s planned innovations; techniques on improving compliance in the vulnerable sectors such as farming, domestic and private security sectors; employment equity enforcement; impact of amendments to the Basic Conditions of Employment Act and the National Minimum Wage Act; Unemployment Insurance amendments; the importance of Compensation for Occupational Injuries and Diseases (COID) inspectors to improve Compensation Fund revenue.

Mncanca said the Inspection and Enforcement Services branch was faced with a number of challenges citing the limited number of cases referred for prosecutions,  poor quality of enforcement notices; incorrect citation of the employer details among others.

She said the Inspections and Enforcement Services branch would in the future be focused on problematic sector such as: private security; community, hospitality, agriculture/farms; domestic, construction; wholesale and retail.

Some of the areas of non-compliance Mncanca cited were around Unemployment Insurance declarations; consultative forums not properly constituted; failure to keep records; employment equity (EE) plans prepared not complying, EE reports not informed by equity plan and proper consultation.

Mncanca lamented the continued non-compliance with the Basic Conditions of Employment Act (BCEA). She said some of the transgressions were in areas such as underpayment of wages; non-issuing of payslips; illegal deductions; non-issuing of particular of employment; non-signing of attendance to prove working hours including overtime.

She said the IES was planning to embark on interventions to address problematic sectors and areas of concern. This, she said would be done through conducting advocacy with employers and their Employment Equity forums; inspectors to refer non-compliant employers for prosecutions in order to improve level of enforcement; invoking direct referral for prosecution for those employers who were found to be operating without an Employment Equity plan; awareness through local radio talk shows and advocacy.

Mncanca appealed to inspectors to fully adhere and comply with IES standard operating procedures.

-ENDS-

Issued by:

Makhosonke Buthelezi

Acting Departmental Spokesperson

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

New Electronic COID Management System (eCOID)

by Tinus Boshoff; SA Labour Guide 

Since Sept 2014, the Compensation Fund has used an electronic claims management system called the Umehluko system.

The fund is currently in a process of rolling out a new online claims system. The fund will be launching the new system on the 1^st of October 2019.

Please note that as from the 12^th of September 2019, the current Umehluko system will be unavailable to all users.

Please note that the Fund has developed a new USER REGISTRATION PROCESS. This was done to ensure that the Compensation Fund successfully transit to the new system. All users would need to be registered in order to access the new online platform.

a) What happens between the 12th to the 30th of September 2019?

i) Registration of claims and claim related enquiries

From the 12th of September to the to the 30th of September 2019, the Compensation Fund will be manually processing claims. For submission of claims and claim related enquiries during this period the fund requested employers to send an email to CompEasy [AT] labour [DOT] gov [DOT] za

ii) Pre-registration before the new system goes live

In order to pre-register as a user for the new system, download the approval document detailing the required documentation. 

Link to downloads:

•  CF Memo to ALL external users

•  eCOID User Registration Form v01

After completion of the required documentation, it must be emailed to ExtCompEasySupport [AT] LABOUR [DOT] gov [DOT] za by the 25th of Sept 2019.

The abovementioned documentation could alternatively be submitted to your nearest Labour Centre.

b) What happens on and after the 1^st of October 2019?

i) The fund will be launching the new system on the 1^st of October 2019.

ii) All users who did not pre-register would be able to register on the new system. System access would require vetting of the supplied information before access would be granted to the user.

I trust that the above-mentioned information would be helpful. 

For  more information please contact tinus [AT] labourguide [DOT] co [DOT] za 

The Compensation Fund launches a new online claims management system

On the 12th October 2018, we launched the Compensation Fund’s modernisation project, eCOID.  The eCOID project is aimed at developing an integrated online platform for the business of the Fund using the S4i – SAP for Insurance solution.

The first phase of the project was to develop a claims management system, which we promised would be launched in the second quarter of the 2019/2020 financial year. This system will replace the current claims management system, Umehluko.

The new system will be launched on 01 October 2019

The benefits of the new claims system are:

•    Faster turnaround due to efficient, streamlined processes

•    Correct workflows – the right process going to the right person at the right time

•    Open communication – status updates on the progress of your claims

•    Timeous payments to all stakeholders

•    A single source of the truth – data migration from legacy systems

•    Correct data - data cleansing and enrichment

The system go-live activities will include a systematic cut-over approach that will be executed, to ensure that we successfully transition to the new system. Impacted stakeholders include Employers, Employees, Beneficiaries, Switching Houses, and Medical Service Providers.

All Pensioners/Beneficiaries will not be affected by this process and will be paid their monthly pensions as per the normal payment dates. Pre-authorizations requests should still be sent to the dedicated pre-authorizations email address where feedback will be given by our processing team.

As of 12 September 2019, the uMehluko system will be unavailable to all users. Our manual processes will be in place during this time until system go-live, whilst we prepare and transition to the new system.

For submission of claims and claim related inquiries during this period please send an email to CompEasy [AT] labour [DOT] gov [DOT] za 
We request for your patience and understanding during this time.

by lloyd — last modified 2019-08-15 16:07

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