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Labour inspectors turn attention to construction
Tinus Boshoff

The 2010 soccer world cup is around the corner. Are you involved in any form of construction work or is there any construction work taking place at or on your premises?

Before we continue, let’s take a closer look at the term construction work. It is defined in the Construction regulations of the Occupational Health and Safety Act as any work in connection with:

 
a) the erection, maintenance, alteration, renovation, repair, demolition, or dismantling
of or addition to a building or any similar structure;
b) the installation, erection, dismantling, or maintenance of a fixed plant where such
work includes the risk of a person falling;
c) the construction, maintenance, demolition, or dismantling of any bridge, dam,
canal, road, railway, sewer or water reticulation system or any similar civil
engineering structure; or
d) the moving of earth, clearing of land, the making of an excavation, piling, or any
similar type of work.”

The Construction regulations govern health and safety not only on official construction sites but every place where construction work is carried out. According to the above mentioned definition, even tasks like normal maintenance work, renovations and repair at the workplace falls under the scope of the ‘‘Construction regulations’’.

Please note that inspectors from Department of Labour are increasingly visiting construction sites or workplaces where construction work is performed, like the upcoming blitz inspections that will take place during the week.

­­­­­­­­­­­­­­­­­­­___________________________________________________________________________

Labour inspectors turn attention to construction industry

by Lloyd Ramutloa — last modified 2009-07-09 10:43

8 July 2009

The department of labour is to kick off its blitz inspections with nationwide visits to companies in the construction sector starting on Monday (July 13).

Page Boikanyo, the department’s spokesperson, said the drive was aimed at ensuring compliance with health and safety laws and respond to 2010 Fifa projects.

“With construction booming, we have the duty to see to it that workers operate in safe conditions and eliminate unnecessary accidents in a proactive manner,’’ he said.

“The approach we will take will be underpinned by pillars of education, monitoring and ensuring compliance with labour standards,’’ Boikanyo said.

He said forthcoming campaigns include hospitality and private security in November and February respectively.

“Our inspectors have just concluded gruelling blitz inspections in the agricultural as well as iron and steel sectors,’’ he said.

The department’s inspection and enforcement division, which drives the campaign, said worst offending employers would be followed up and be subjected to prosecution – a database of repeat offending employers would be generated – a database of all outstanding enforcement cases would have to be determined and a backlog reduction strategy would be created and acted upon.

Boikanyo said senior officials of the department would accompany inspectors during their visits to workplaces.

The drive takes place against the backdrop of labour Minister, Membathisi Mdladlana’s position that “workers’ rights are human rights and that employers should not put profits above safety’’.

Enquiries: Page Boikanyo

082-809-3195

Interesting statistics on construction (March to August 2008):

Total of workplaces inspected:

1909

Complying:

975

Number not complying:

815

Improvement notices issued:

255

Contravention notices issued:

1028

Prohibition notice issued:

172

As client or contractor/ principal contractor you are legally bound to comply with the prescriptions of these regulations. Are you currently complying with the prescriptions of these regulations? Do you have the knowledge to verify your current state of compliance?

In order to achieve legal compliance, clear knowledge and understanding of the Occupational Health and Safety Act and its regulations are essential. The curriculum of the course ‘‘Basic OHS Act and Regulations course’’ was compiled to assist role players in this regard. This course is focused on legal compliance with current legislation; it includes the prescriptions of the current Construction regulations.

For more information contact Tinus on tinus@labourguide.co.za or 083 659 2840

Upcoming Seminars/ Workshops
AARTO and the Impact on your Business:  
31 August 2010: Southern Sun: Century City: Canal Walk: Cape Town
22 September 2010: Southern Sun: OR Tambo International Airport
The OHS Act and the Responsibilities of management:  
04 August 2010: Southern Sun: Century City: Canal Walk: Cape Town
19 August 2010: Southern Sun: North Beach: Durban
02 September 2010: The Beach Hotel: Port Elizabeth
30 September 2010: Southern Sun: OR Tambo International Airport
15 October 2010: Innes Conference Centre: Bloemfontein
Successfully conducting your case during conciliations and arbitrations in the CCMA and Bargaining Councils:
21, 22 & 23 July 2010: Southern Sun: OR Tambo International Airport
25, 26 & 27 August 2010: Southern Sun: century City (Canal Walk) Cape Town
Managing Conflict and Union Relations in the Workplace  
15 & 16 July 2010: Southern Sun: OR Tambo International Airport
29 & 30 July 2010: Southern Sun: Century City (Canal Walk): Cape Town
02 & 03 September: Southern Sun: North Beach: Durban
Health and Safety Representative Course:  
30 July 2010: Southern Sun: OR Tambo International Airport
03 August 2010: Southern Sun: Century City (canal Walk): Cape Town
18 August 2010: Southern Sun: North Beach: Durban
01 September 2010: The Beach Hotel: Port Elizabeth
Health and Safety: Incident/ Accident Investigation Course:  
11 August 2010: Southern Sun: Century City (Canal Walk): Cape Town
25 August 2010: Southern Sun: North Beach: Durban
05 October 2010: Southern Sun: OR Tambo International Airport
Employment Equity
28 July 2010: Southern Sun: Century City (Canal Walk): Cape Town 
13 August 2010: Southern Sun: North Beach: Durban
20 August 2010: Southern Sun: OR Tambo International Airport
Managing Day to Day Issues/ Problem Employees:  
11 August 2010: Southern Sun: North Beach: Durban
27 August  2010: Southern Sun: OR Tambo International Airport
Construction Regulations Course
29 July 2010: Southern Sun: OR Tambo International Airport  
12 August 2010: Southern Sun: Century City (Canal Walk) – Cape Town  
26 August 2010 Southern Sun: North Beach: Durban
Investigating and Initiating of the case for the complainant at the disciplinary hearing
16 & 17 September 2010: Southern Sun: OR Tambo International Airport
29 & 30 September 2010: Southern Sun: Century City (Canal Walk): Cape Town
How to draft policies and Procedures   
12 August 2010: Southern Sun: North Beach: Durban
19 August 2010: Southern Sun: OR Tambo International Airport
Chairing Disciplinary Hearings   
28 & 29 August 2010: Southern Sun: Century City (Canal Walk): Cape Town
29 & 30 September 2010:  Southern Sun: OR Tambo International Airport

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The South African Labour Guide is a private company and has no association with the Commission for Conciliation, Mediation and Arbitration (CCMA), you may find the CCMA on www.ccma.org.za