1. The Federation of Unions South Africa
Eddie de Klerk
FEDUSA
Vice-President Training & Education (TEC & OHSF)
Country Report of FEDUSA and COSATU to the ITC of the ILO in Turin
OSH and HIV and AIDS Course
26November to 7 December 2012
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2. 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
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3. 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.
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8. 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
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9. Inspectorate Strategy/ies
The Inspection and Enforcement Services, of which Occupational Health and Safety is one component, is currently pursuing its 2nd Strategy.
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10. 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
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11. Internal specialist task teams
Nationally roving team in place – operates throughout the country and operates under the auspices of the Chief Inspector
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12. Stats taken from the Labour Force Survey
3rd Q
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13. Population About 49 million people Labour Force = 17, 371 million
Formal Sector = 9, 043 million
Informal Sector = 2, 172 million
Agriculture =
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14. Approximately 1 million employers Unemployed – 4,396 million
Unemployment rate = 25,3%
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18. 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
South African Rail Authority
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19. 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
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20. Compensation structures
Compensation Fund – Department of Labour
Department of Health which provides a compensation service for the mining sector
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21. 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.
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22. Tools of trade Inspectors are given:
An inspector toolkit for OHS specifically (rambo kit)
Cellphone
Car subsidy
Uniform
Suit, shoes and
Overalls
Technical Equipment
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23. 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.
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24. Work conducted include:
Inspections
Investigations of:
Complaints
Incidents
Approvals
Exemptions
Appeals
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25. Registration of Entities – which includes amongst others:
Approved Inspection Authorities
Lifts
Steam generators
Electricians
Asbestos Contractors
Diving Schools
Competent Persons
Explosives Managers
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26. 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
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27. Additional Special structures include …
Employment Conditions Commission – BCEA
Commission for Employment Equity – EEA
Advisory Council for Occupational Health and Safety - OHSA
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28. Key bodies … South African Bureau of Standards – SABS
South African National Accreditations Systems - SANAS
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29. 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.
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30. Total number of inspections conducted in 2010/11
with a compliance level of 77% i.e
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31. Future inspector
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32. 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
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33. 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
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34. 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 2012.
Greater co-operation with Provincial Offices of the Prosecuting Authority
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35. 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.
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36. 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.
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37. 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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38. Aids Report
GENEVA, 20 November 2012—A new World AIDS Day report: Results, by the Joint United Nations Programme on HIV/AIDS (UNAIDS), shows that unprecedented acceleration in the AIDS response is producing results for people. The report shows that a more than 50% reduction in the rate of new HIV infections has been achieved across 25 low- and middle-income countries––more than half in Africa, the region most affected by HIV
In some of the countries which have the highest HIV prevalence in the world, rates of new HIV infections have been cut dramatically since 2001;
41% in South Africa
For example, South Africa increased its scale up of HIV treatment by 75% in the last two years—ensuring 1.7 million people had access to the lifesaving treatment—and new HIV infections have fallen by more than in just two years. During this period, South Africa also increased its domestic investments on AIDS to US$ 1.6 billion, the highest by any low- and middle-income country.
The report also shows that countries are assuming shared responsibility by increasing d
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39. Declining new HIV infections in children
The area where perhaps most progress is being made is in reducing new HIV infections in children. Half of the global reductions in new HIV infections in the last two years have been among newborn children. “It is becoming evident that achieving zero new HIV infections in children is possible,” said Mr Sidibé. “I am excited that far fewer babies are being born with HIV. We are moving from despair to hope.”
In the last two years, new HIV infections in children decreased by 24%. In six countries––Burundi, Kenya, Namibia, South Africa, Togo and Zambia––the number of children newly infected with HIV fell by at least 40% between 2009 and 2011.
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40. Fewer AIDS-related deaths
The report shows that antiretroviral therapy has emerged as a powerful force for saving lives. In the last 24 months the numbers of people accessing treatment has increased by 63% globally. In sub-Saharan Africa, a record 2.3 million people had access to treatment. China has increased the number of people on HIV treatment by nearly 50% in the last year alone.
There were more than half a million fewer deaths in 2011 than in The largest drops in AIDS-related deaths are being seen in countries where HIV has the strongest grip. South Africa saw fewer deaths.
Impressive gains were also made in reducing tuberculosis (TB) related AIDS deaths in people living with HIV. In the last 24 months, a 13% decrease in TB-related AIDS deaths was observed. This accomplishment is due to record numbers of people with HIV/TB co-infection accessing antiretroviral treatment—a 45% increase. The report recognizes the need to do more to reduce TB-related AIDS deaths.
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41. Aids Structure Participation
SANAC ( South African National Aids Council)
All the Social Partners is represented on SANAC
Provincial Aids Councils
All the Social Partners is represented on these councils
3. Local Aids Councils
At District Council Level
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42. South African Trade Union Movement
There are Three Major Trade Union Federations in SA
COSATU
NO of Affiliates: 22
Total Membership: 2,2 million
FEDUSA
NO of Affiliates: 19
Total Membership:
NACTU
NO of Affiliates: 13
Total Membership:
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43. Socio Challenges facing the Trade Union Movement
High Unemployment Rate (now at 40%)
High Poverty Levels
Inequalities
Corruption (both Private and Public)
Exploitation of vulnerable workers
Foreign Companies not adhering to the Countries Labour laws
Not all sectors have Bargaining Councils (attack on existing Centralised Bargaining)
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44. Thank You Any Questions
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