Senior Specialist: OHH CHIEF DIRECTORATE: OCCUPATIONAL HEALTH & SAFETY SUBDIRECTORATE: OCCUPATIONAL HEALTH & HYGIENE REPORTING OF INCIDENTS & OCCUPATIONAL DISEASES Presenter: Bulelwa Huna Senior Specialist: OHH 10/06/2016 B. Huna (2016)

OUTLINE Introduction Section 24 incidents Reporting of incidents Reporting of Occupational diseases Reporting procedure DoL concerns Conclusion B. Huna (2016)

Introduction (1) Industry has a plethora of preventable injuries and diseases that are reported to the compensation fund annually. The ILO estimates the economic costs of poor occupational health and safety practices to be about 4% of global gross national product per year. B. Huna (2016)

Introduction (2) The economic costs of poor occupational health and safety practices affect both the employer and the employee: employer – medical and rehabilitation costs employee – loss of income. The ILO has never accepted the proposition that injury and disease “go with the job”; and this principle is also enshrined in the DoL’s mandate. B. Huna (2016)

What are section 24 incidents? (1) Any incident occurring at work or arising out of or in connection with the activities of persons at work, or in connection with the use of plant or machinery, in which, or in consequence of which- (a) Any person: Dies, Becomes unconscious, Suffers the loss of a limb or part of a limb or is otherwise injured B. Huna (2016)

What are section 24 incidents? (2) Any incident occurring at work or arising out of or in connection with the activities of persons at work, or in connection with the use of plant or machinery, in which, or in consequence of which- (a) Any person: Becomes ill to such a degree that he is likely either to die or to suffer a permanent physical defect Likely to be unable for a period of at least 14 days either to work or to continue with the activity for which he was employed or is usually employed; B. Huna (2016)

...What are section 24 incidents? (3) Any incident occurring at work or arising out of or in connection with the activities of persons at work, or in connection with the use of plant or machinery, in which, or in consequence of which- a major incident occurred (c) the health or safety of any person was endangered and where- A dangerous substance was spilled; Uncontrolled release of any substance under pressure took place; B. Huna (2016)

...What are section 24 incidents? (4) Any incident occurring at work or arising out of or in connection with the activities of persons at work, or in connection with the use of plant or machinery, in which, or in consequence of which- (c) the health or safety of any person was endangered and where- Machinery or any part thereof fractured or failed resulting in flying, falling or uncontrolled moving objects; Machinery ran out of control B. Huna (2016)

...What are section 24 incidents? (5) In the event of an incident in which: a person died, Was injured to such an extent that he is likely to die, Suffered the loss of a limb or part of a limb, No person shall without the consent of an inspector disturb the site at which the incident occurred or remove any article or substance involved in the incident therefrom: Provided that such action may be taken: as is necessary to prevent a further incident, to remove the injured or dead, or to rescue persons from danger. B. Huna (2016)

Section 24 exclusions Section 24(3) Traffic accident on a public road; Incident occurring in a private household, provided the householder forthwith reports the incident to the South African Police; Accident which is to be investigated under section the Aviation Act, B. Huna (2016)

REPORTING PROCEDURE General Administrative Regulation 8 (1) requires employers to report all Section 24 (1) incidents in the form of WCL 1 or WCL 2. Within 7 days Name/s of employees/s Address of IP Name & address of user, employer or self employed person B. Huna (2016)

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REPORTING OF DISEASES (SEC 25) Medical Practitioner to report within 14 days B. Huna (2016)

DoL CONCERNS Although legislation prescribes reporting: Low reporting of incidents and occupational diseases Intimidation of workers caused by fault finding investigations Capping incidents to non reportable category (hoping that they won’t be discovered) Employees seeking private care may not realise that the impairment is work related and they are often not catered B. Huna (2016)

CONCLUSION Failure to report incidents Prosecutable offence Section 38(1) - Sections 24(1) or 24(2) and 25 B. Huna (2016)

Thank you for your attention B. Huna (2016)