DEPARTMENT OF LABOUR 14-18 SEPTEMBER 2015 PROGRESS REPORT ON OVERSIGHT VISIT BY THE PORTFOLIO COMMITTEE IN MPUMALANGA 14-18 SEPTEMBER 2015 04-11-2015

BACKGROUND During 14-18 September 2015 the Labour Portfolio Committee had an oversight visit in the Malelane District in the Mpumalanga Province. The purpose of the visit was to monitor; oversee compliance and enforcement of Labour legislation. The Committee visited and inspected 5 farms in the abovementioned District. The names of the abovementioned farms are: Inyoni Boerdery; Mbhaba Estate; Tomahawk; Nhlumi; and Mbhono

BACKGROUND CONT... Section 30 (3 , 4, 5) of the Occupational Health and Safety provides that if an employer is issued with a contravention notice, they have 60 days to appeal to the Chief Inspector. If at the expiry of 60 days the employer fail to comply or appeal then it is an offence and can be referred to court in terms of s38 of the OHS. So far 60 days has not yet elapsed and the employer have not appealed to the Chief Inspector.

INYONI BOERDERY - PROGRESS Inspection Inyoni boerdery harvests citrus fruits and operates as a packaging business. The farm was inspected on 15 September 2015. Finding During the inspection it was established that the farm did not comply with the Occupational Health and Safety Act and its regulations. Enforcement On conclusion of the inspection the farm was issued with a Contravention Notice and given 60 days to comply with the identified contraventions. A Prohibition Notice was issued to stop construction work on the packaging area; because of non- compliance with Construction Regulations. A Prohibition Notice was issued to stop a forklift from operating as it did not have a valid competency certificate as provided under the regulations

TABLE CONTRAVENTIONS Title No Provision General Safety Regulations Failure to provide temporary employees with personal protective equipment. Environmental Regulations Reg. 2(1) Failure to ensure that the cold room doors can open from the inside. Facilities Regulations Reg. 2(4) Failure to provide personal facilities to employees. Hazardous Chemical Substance Regulation Reg. 5(1) Failure to conduct an assessment on the chemicals used at the workplace. General Machinery Regulations Reg. 4(1) Failure to ensure that operators of machinery are adequately trained. Pressure Equipment Regulations Reg. 9(1) Failure to ensure that all fire equipment are serviced.

TOMAHAWK FARM Inspection Tomahawk farm does packaging and harvest citrus fruit. An inspection was conducted on the 16 September 2015. Findings It transpired during the inspection that the farm is not complying with the Occupational Health and Safety and its regulations. Enforcement Contravention notice was served instructing the employer to comply with the regulations that were contravened within 60 days.

TOMAHAWK FARM In order to improve service delivery by the Fund, the Unemployment Insurance Board recommended that the Act should be amended. The proposed amendments to the Bill need to address the Issue of workers who are presently excluded in the Act and by so doing to conform with the International Labour Organization standards; improve payment of benefits to contributors; and extend the period within which benefits are payable. To comply with the Constitution of the Republic of South Africa, the Bill had to address the exclusion of the civil servants in the current legislation.

LIST OF CONTRAVENTIONS Title No Provision Electrical Installations Regulations Reg. 2(1) Failure to ensure that the distribution boards are labelled and covered Facilities regulations Reg. 3(1) Failure to provide personal facilities to its employees. Facilities Regulations Reg. 5(2)(a) Failure to ensure that the dining room facilities provided to the employees are in a good working condition. Environmental Regulations Failure to ensure that the cold room doors are not obstructed General safety Regulations Reg. 2 (1) Failure to conduct a risk assessment on his premises as certain walls in the packaging section were unstable and could collapse

NHLUMI FARM Inspection Finding Enforcement Nhlumi Farm harvests citrus fruits and operates as a packaging business. The farm was inspected on 17 September 2015. Finding During the inspection it was established that the farm did not comply with the Occupational Health and Safety Act and its regulations. Enforcement On conclusion of the inspection the farm was issued with a Contravention Notice and given 60 days to comply with the identified contraventions. A Prohibition Notice was issued to the employer instructing him stop using all 4 of his wire Stitcher Machines as it posed an immediate danger to its employees as they were not using the relevant personal protective equipment.  

LIST OF CONTRAVENTIONS Title No Provision General safety Regulations Reg. 2(2) Failure to provide employees with personal protective equipment Pressure Equipment Regulations Reg. 19(1) Failure to service its fire extinguishers Facilities Regulations Reg. 2(4) Failure to provide showers to its employees Reg. 3(1) Failure to provide personal facility for employees (e.g. lockers)

LIST OF CONTRAVENTIONS Facilities Regulations Hazardous Chemical Regulations 5 (1) Noise Induced Hearing Loss Regulations Reg. 4 (1) Reg. 5(1) Reg. 5 (1) Reg. 6 (1) Failure to provide change rooms for its employees Failure to provide a dining room or an eating place. Failure to conduct an assessment on the chemicals used on the farm Failed to conduct an assessment to determine if any persons may be exposed to noise (in the packaging area).

BONO & UMBHABA FARMS The two farms were not inspected during the visit. We have scheduled the 23rd and 24th November 2015 to do full inspections on these two farms.

EXISTING POLICY INTERVENTONS IN AGRICULTURE A Sectoral Determination is currently in existence setting conditions of employment and minimum wages. A vision for Labour Relations in Agriculture. Protocol on access to farms. DOL has good working relations with TAUSA, AgriSA, NAFU, AEO

PLANNED INTERVETIONS Addressing the plight of Agricultural workers housing. Provision of Housing for Agricultural, mining, domestic and migrant workers, construction projects is always a challenge. The Sectoral Determination provides standards that must be met if the Employer is to deduct monies from the workers salaries. The DOL will convene joint sessions with Human Settlement, Agriculture and Fisheries, Basic Education and the PCL can strengthen this process by also convening sessions with the related Portfolio Committees.

PLANNED INTERVENTIONS CONT... Assisting farmers, farmworkers and organised labour to influence fresh produce prices. DOL will take up the matter with the Department of Agriculture, the DTI and Small Business to assist farmers and farmworkers. Invite people with relevant expertise to DOL information sessions with farmworkers and farmers to assist them in addressing pricing and market access matters.

PLANNED INTERVENTIONS CONT... Undocumented foreign workers Labour laws apply equally to documented and undocumented workers. Planning joint random blitz inspections / operations with other Departments across the country targeting farms, private security, hospitality and domestic sectors. Employers found with undocumented foreign workers will be prosecuted in accordance with the Immigration Act. The dates and times will not be publicised to ensure that the blitz have the desired effect.

PLANNED INTERVENTIONS CONT... Education of farmworkers and farmers on the BCEA and related Sectoral Determinations. - DOL will review existing agreements with current organisations funded under the Strengthening of Civil Society to extend their services to workers in Agriculture and other vulnerable workers. The Mpumalanga office conducted 7 Stakeholder sessions during Q1 & Q2 on the BCEA and other Labour Laws. The MP Provincial Office will conduct Seminars with visited farms during Q4.

PLANNED INTERVENTIONS CONT... Health of farm workers: Use the information sessions to educate farm workers on the dangers associated with Exposure to Hazardous Biological Agents, their rights , incident reporting, access to compensation. Alert the Department of Health on the plight of farm workers and make arrangements for regular visits to farms with their mobile clinics.

PLANNED INTERVENTIONS CONT... Workers dismissed for talking to PCL members - Affected workers were tracked and assisted to take their case to the CCMA.

Thank You…