The Federation of Unions South Africa Eddie de Klerk FEDUSA Vice-President Training & Education (TEC & OHSF) November 2012

Legislation past and current  1941 – Factories and Building Works Act  1983 – Machinery and Occupational Safety Act  1993 – Occupational Health and Safety Act – Introduction of Occupational Health and Concept of self regulation

Current legislation is pre-Democratic Constitution We have reviewed our current OHS Act, Act 85 of 1993, and will repeal it in the not too distant future.

Introduction  Approximately 1400 inspectors  9 Provinces  125 Labour Centres  Satellite offices and visiting points as well as mobile trucks to deliver services to the people

Inspectorate Strategy/ies The Inspection and Enforcement Services, of which Occupational Health and Safety is one component, is currently pursuing its 2 nd Strategy.

Legislation includes …  Basic Conditions of Employment Act plus Sectoral Determinations and Collective Bargaining leading to Collective Agreements  Employment Equity Act  Occupational Health and Safety Act Incorporation of Codes  Compensation for Occupational Injuries and Diseases  Unemployment Insurance Act

Nationally roving team in place – operates throughout the country and operates under the auspices of the Chief Inspector Internal specialist task teams

Stats taken from the Labour Force Survey 3 rd Q

Population  About 49 million people  Labour Force = 17, 371 million  Formal Sector = 9, 043 million  Informal Sector = 2, 172 million  Agriculture =

 Approximately 1 million employers  Unemployed – 4,396 million  Unemployment rate = 25,3%

Fragmented National OHS structure  Outside of the structure are the following Departments: Minerals Resources – Mines Health and Safety Transport  Civil Aviation  South African Maritime Authority

Public Works  Council for the Built Environment Construction Industry Development Board Engineering Council of South Africa South African Council for Project and Construction Management Professions … amongst others

Compensation structures  Compensation Fund – Department of Labour  Department of Health which provides a compensation service for the mining sector

It is our firm belief that there should be a direct link between the Compensation Fund and the OHS component There is a strong funding ability that is untouched.

Tools of trade  Inspectors are given: An inspector toolkit for OHS specifically (rambo kit) Cellphone Car subsidy Uniform  Suit, shoes and  Overalls Technical Equipment

Special interventions  At least 4 sectors highlighted for special attention and seminars are conducted to which employees and employers are invited. Construction Agriculture – Roving Safety Representative program Iron and Steel Chemical  Training of Trade Unions takes place  Training and education of employees takes place.

Work conducted include:  Inspections  Investigations of:  Complaints  Incidents  Approvals  Exemptions  Appeals

 Registration of Entities – which includes amongst others: Approved Inspection Authorities Lifts Steam generators Electricians Asbestos Contractors Diving Schools Competent Persons Explosives Managers

Additional Structures within the country …  Commission for Conciliation Mediation and Arbitration (CCMA)  Bargaining Councils  Approved Inspections Authorities – specialist OHS structure to assist inspectors  Registered lift inspectors  … amongst others

Additional Special structures include …  Employment Conditions Commission – BCEA  Commission for Employment Equity – EEA  Advisory Council for Occupational Health and Safety - OHSA

Key bodies …  South African Bureau of Standards – SABS  South African National Accreditations Systems - SANAS

Tri-partite structures  Tri-partite structure known as Nedlac and a tri-partite structure within the various Departments to discuss amongst other things, inputs into the legislation.  A tripartite structure was responsible for the signing of the first OHS Accord in South Africa in 2002.

Total number of inspections conducted in 2010/ with a compliance level of 77% i.e

Future inspector

 Specialist inspectors  Inspector operating in teams  Case management system to support  Inspectors given hand held devices to conduct inspections  New structure for inspector  Inspector operating manual  Convention signed off

 Greater co-operation with National inspectors in other Govt Depts.  More synergy between the various legislation with no overlaps.  Current legislation is under review or repeal, both at the level of the Act and the Regulations

 Introduction of Sector Accords on OHS  Induction program launched and training done quarterly to standardise on how work is performed nationally  Inspector learnership resuscitated and in place within  Greater co-operation with Provincial Offices of the Prosecuting Authority

 Guidance notes developed for clients.  Regional co-operation fostered within SADC.  National Program to reduce Silica is gaining impetus  Inspectors to get more involved in technical aspects of the work i.e. doing measurements themselves at workplaces.

CHALLENGES  Resources inadequate  Turnover of qualified staff  Motor vehicles  No standardisation  Training not centralised and not consistent  No training Academy – we have however commenced discussions with several institutions to assist us with our training requirements.

These are some of the exciting things that the Department will be working on over the next couple of years. Construction Accord on Health and Safety to be signed by Government, Labour and Business on the 14 August 2012.

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