Up-to-date Safety News

Department of Labour to set up Section 32 Inquiry to comb for further evidence into Grayston Drive pedestrian and cyclist structural bridge collapse

 Media Statement: Department of Labour: 28 October 2015

 

The Department of Labour is to set-up a Section 32 Inquiry to dig deeper as to the causes and who is to blame for the collapse of scaffolding work into the Grayston Drive Pedestrian and cyclist structural bridge collapse that led to the deaths of two people and injury to 19 others.

 

Department of Labour Deputy Director-General, Aggy Moiloa told a media a briefing at the departmental head office in Pretoria (Tshwane) today that the department was duty bound to in terms of the Occupational Health and Safety (OHS) Act to investigate incidents of this nature.

 

The Section 32 hearing is usually appointed by the Department of Labour to investigate negligence that may have resulted in occupational injuries and death of workers.

 

The latest Section 32 Inquiry will more or less operate like the recent Tongaat Mall Structural Collapse Inquiry and the Meyersdale House Collapse Inquiry.

 

The 14 October 2015 incident which happened at approximately 15:25 led to the death of two people; injury to 19 persons; and three are still critical in Hospital, nine were discharged, two admitted ad five are in stable condition.

 

Parties involved in the project were the City of Johannesburg and the Johannesburg Development Agency who were clients that appointed Royal HaskoningDHV as an agent. Murray & Roberts is the principal contractor and the supplier of material involved in an incident is Formscaff.

 

The matter was reported to Bramley Police Station and is being investigate. The Department first visited the scene of the tragedy on 14 October 2015.

 

Department labour Chief Inspector, Tibor Szana said preparation to set-up the Commission of Inquiry are underway and the name of the presiding officer would be announced soon. Szana said at this stage the department would not rely on hearsay, innuendos and rumours, “it was for this reason that we are establishing a Section 32 Inquiry to gather further evidence”.

 

“The Inquiry may take at least six months,” he said there were many parties involved in the matter. He said at this stage the department was not apportioning any blame, but seek to gather more facts. He said the outcome of the Inquiry may result in prosecution based on evidence gathered. Szana said the department has served a prohibition notice for work not to proceed on site until all safety and legislative requirements are complied with.

 

Once set up, the Grayston Drive Pedestrian and cyclist structural bridge collapse Inquiry will focus but, not limited to the following:

 

  • The responsibility of the client in terms of construction regulations

 

  • The responsibility of the principal constructor in terms of the construction regulations and as an employer

 

  • The responsibility of the agent on behalf of the client in terms of the same regulations

 

  • Supplier of materials

 

  • Design

 

Once the Commission has completed its evidence gathering it is expected it will prepare a report of its findings and formulate recommendations which will be presented to Labour Minister and the Directorate of Public Prosecutions for their consideration.

 

Meanwhile, the reports on the Tongaat Mall Structural Collapse Inquiry and the Meyersdal Structural Collapse Incident Inquiry are nearing conclusion. Recommendations on the outcomes of the inquiries could be known three weeks.  

 

Media Statement: Department of Labour: 28 October 2015

Case Law Summaries and Articles

 

Can employees be dismissed for refusing to accept new terms and conditions of employment?

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, “yes”.

Read More >>>

 

Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal.

Read More >>>

 

Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

Read More >>>

 

Consolidated, comprehensive or general final written warnings

Regarding dismissal, according to the Code of Good Practice, “the courts have endorsed the concept of corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them.

Read More >>>

 

 

 

 

 

 

Courses and Workshops

 

                                         

 
 

Compensation for Occupational Injuries and Diseases Course

22 August 2019 (Fully Booked)

Tsogo Sun: Century City: Cape Town

12 September 2019

Southern Sun: Maharani Towers: Durban

Employment Equity Committee Training

23 August 2019 (Fully Booked)

Emperors Palace: Convention Centre

29 August 2019 (Fully Booked)

Tsogo Sun: Century City: Cape Town

30 August 2019

Tsogo Sun: Century City: Cape Town

27 September 2019

Emperors Palace: Convention Centre

04 October 2019

Southern Sun: Maharani: Durban

Shop Steward Training

28 August 2019

Emperors Palace Convention Centre

Basic Labour Relations

04 September 2019

Emperors Palace: Convention Centre

The OHS Act and the Responsibilities of Management

13 September 2019

Southern Sun: Maharani Towers: Durban

19 September 2019

Emperors Palace: Convention Centre

28 November 2019

Protea Hotel By Marriott Tyger Valley: Cape Town

Managing Day to Day Issues/ Problem Employees Full day workshop

20 September 2019

Emperors Palace: Convention Centre

27 September 2019

Tsogo Sun: Century City: Cape Town

Hazard Identification & Risk Assessment Course

18 October 2019

Emperors Palace: Convention Centre

21 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

Workshop Incident/Accident Investigation Course

25 October 2019

Emperors Palace: Convention Centre

22 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

  

 Our Clients 

 

Android App On Google Play

Android App On Google Play