Am I a Good Health & Safety Officer?

Well this will be last article of the year. Another year gone, a year older, did I learn anything new this year?

The question I ask of myself is the following, have I been a good Health and Safety officer, manager or director this year?

Did I really put in 8 hours a day as per my employment contract, service contract or whatever it may be?

Did I sell my skills and once sold, did I deliver using my Health and Safety skills to the advantage of my employer or client? Must I send a Christmas card? Take someone out to lunch? Maybe the Department of Labour or that big client of mine?

Did I contribute to the industrial community, or even the Health and Safety community at large?

Lets first separate what I call the Health and Safety officer, the Health and Safety manager and the Health and Safety director.

Yes we have a problem here…

I will start with the big bucks, the Director in the ivory tower, who meets every week with the Board, talks first and says nothing, presents the stats, and provides simple answers to the MD and others, ‘yes we have a problem there, it is currently being addressed’, who comes out of the meeting and phones his Health and Safety manager, who will then relay the message to the Health and Safety officer.

Health and Safety director job done, will get feedback the day before the next meeting, ready to close out that item.

The Health and Safety manager, manages, lets not be fooled, he also goes to meetings, gives directives to his staff, mostly 2-weekers, to solve the problem at grass roots level. He gets the answers the day before he must give them to the Director, job done. I cannot do everything so I must delegate, that is why I’m a manager.

The Health and Safety officer, normally with limited Health and Safety education and experience, is out in the field. Now I must admit, I’m personally not a good Health and Safety officer for reasons I will explain later.

It might be that we are expecting to much

This Health and Safety officer now needs to make sure his job is not in jeopardy, so he cannot go back to the manager and ask for too much advice, so he speaks to other 2-weekers, and may put in a good or weak intervention, just prior to the deadline. Job done.

The Director (Leader), gave an instruction but did not lead. The Manager (who should manage the leaders directives after leading), farmed out the work (delegated), to the Health and Safety officer (executor?) of the work, with the least amount of experience and expertise.

Have I been a good Health and Safety officer this year?

Back to the original question – have I been a good Health and Safety officer this year?

My view is the following, and remember, where I am in the organisation will definitely skew my answer.

If I am the Director, I should know the work would be farmed out to the Health and Safety officer. Leadership thus dictates that I needed to visit the site together with the Health and Safety manager and the allocated Health and Safety officer in order to facilitate and lead initially the process of change or intervention.

Doing it remotely, can I really answer the MD truthfully at the next Board meeting. If I have done so, then yes I have been a good Health and Safety officer and leader.

If I am the Health and Safety manager, did I ensure that I acted effectively as the go-between, between the Director and the Health and Safety officer? Did I ensure that I provided all the necessary resources enabling and encouraging and directing the Health and Safety officer as needed. If I have done so, then I have been a good Health and Safety officer.

As the local Health and Safety officer... judge for yourself.

The point being, we all come from the basics of being a Health and Safety officer by heart. It is what we put into it that counts. Have I personally been a good Health and Safety officer this year? I think I could have done better.

Now judge yourself.

This article by Shane Lishman via SheqAfrica.com

Health, safety, enviro and Sheq among scarce skills in SA

The top scarce skills in SA include Environmental Engineer, Sheq Practitioner, Environmental Manager, Health and Safety Manager, and Quality Systems Manager.

Among the top 30 scarce skills in South Africa are Sheq-related managers (marked **), listed here in order of job market demand, and with their NQF OFO numbers (see definitions below);

Electrical Engineer 215101
Civil Engineer 214201
Mechanical Engineer 214401
Quantity Surveyor 214904
Programme or Project Manager 121905
Finance Manager 121101
Physical and Engineering Science Technicians 311
Industrial and Production Engineers 2141
Electrician 671101
Chemical Engineer 214501
Construction Project Manager 132301
Mining Engineer 214601
Accountant (General) 241101
**Energy Engineer 215103
Materials Engineer 214907
Electronics Engineer 215201
Metallurgical Engineer 214603
Medical Superintendent / Public Health Manager 134201
Public Health Physician 221103
Nursing Professionals 2221
Registered Nurse (child and family health) 332102
General Medical Practitioner 221101
Veterinarian 225101
Industrial Pharmacist 226202
Hospital Pharmacist 226201
**Environmental Engineer 2143
Retail Pharmacist 226203
**SHEQ Practitioner 226302
Air Conditioning and Mechanical Services Plumber 642701
Automotive Electrician 672106

Among the rest of the top 100 scarce skills are also some Sheq-related practices;

Personnel or Human Resource Manager 121201
Environmental Manager 134901
Health and Safety Manager 121206
Water Quality Analyst 213306
Occupational Instructor or Trainer 242402
Quality Systems Manager 121908

Occupational Cluster Codes
Occupational clusters relevant to Sheq practices include;
2143 Environmental Engineers
214301 Environmental Engineer
214302 Environmental Impact and Restoration Analyst
2221 Nursing Professionals
222101 Clinical Nurse Practitioner
222108 Registered Nurse (Community Health) (Critical Care and Emergency) (Disability and Rehabilitation)
222114 Nurse Educator
2321 Vocational or Further Education Teachers
311303 Energy Efficiency Technician
311502 Boilers and Pressure Vessels Inspector
311705 Mine Ventilation Observer
311706 Rock Engineering Technician
311707 Strata Control Officer
311901 Forensic Technician (Biology, Toxicology)
311902 Fire Investigator
311906 Environmental Engineering Technician

The state labour survey was published in the Government Gazette of 23 May 2014, number 37678, under General notice 380 of 2014, to inform human resource planning and development, and to guide the development of qualifications, programmes and curricula.

The National Scarce Skills List will be reviewed every two years, unless the Minister of Higher Education and Training deems it necessary to review the list earlier.

Scarce skills refer to “occupations in which there are a scarcity of qualified and experienced people, currently or anticipated in the future, either because such skilled people are not available or they are available but do not meet employment criteria.”

Occupation Definition‘OCCUPATION’ refers to a set of jobs or specialisations whose main tasks are characterised by such a high degree of similarity that they can be grouped together for the purposes of classification. Occupations are classified according to two main criteria: (a) skill level and (b) skill specialisation, where skill is used in the context of competency rather than a description of tasks or functions.

Skill Definition‘SKILL’ is defined as “the necessary competencies that can be expertly applied in a particular context for a defined purpose” and “competence” has three elements:

a) Practical competence – ability to perform a set of tasks;
b) Foundational competence – ability to understand what we ourselves or others are doing and why; and
c) Reflexive competence – ability to integrate or connect our performance with an understanding of the performance of others, so that we can learn from our actions and are able to adapt to changes and unforeseen circumstances.

OFO StructureThe ORGANISING FRAMEWORK OF OCCUPATIONS is a skill-based coded classification system, which encompasses all occupations in the South African context. The classification of occupations is based on a combination of skill level and skill specialisation which makes it easy to locate a specific occupation within the framework.

‘JOB’ refers to a set of tasks and duties carried out or meant to be carried out, by one person for a particular employer, including self-employment.

There is a dire shortage of engineers, technologists, technicians and artisans across a range of disciplines. The HRDC report highlights the need for the production of professionals in engineering, mining, health care and the built environment.

This article by Edmond Furter via SheqAfrica.com

What is the fuss about Asbestos?

Asbestos refers to a set of naturally occurring fibrous minerals. The fibres are microscopic in nature, but extremely durable and hardy. It is due to these properties that it was used for a number of years for different commercial and industrial purposes. For example, asbestos has been used to manufacture roofing, floor tiles, ceiling materials, cement compounds, textile products, and automotive parts.

Asbestos is now strictly regulated as exposure to this toxic material has been proven to be a serious health risk and is classified as a known human carcinogen.

Asbestos fibres are microscopic in size and are therefore easily inhaled. Once inhaled, the fibres cling to the respiratory system. The fibres then become lodged in the soft internal tissue of the respiratory system and are not easily expelled or broken-down by the body – there is no safe type of asbestos and no safe level of exposure.

There are three major lung conditions traced directly to asbestos exposure. These are lung cancer, mesothelioma, and asbestosis. Symptoms include coughing, chest pain, and difficulty breathing.

What does the Law say about Asbestos?
The Asbestos Regulations to the Occupational Health and Safety Act (Act 85 of 1993) regulate the duties of employers whose employees may be exposed to asbestos dust in a workplace.

Firstly, the employer must not carry out any asbestos work unless he has notified the Provincial Director of the Department of Labour in writing of such work prior to its commencement.

No employer may allow any employee to work in an environment in which he or she will be exposed to asbestos in excess of the prescribed occupational exposure limit.

Further, no employer may allow any employee to work in an environment in which he or she will be exposed to asbestos in excess of the prescribed occupational exposure limit. The occupational exposure limit for asbestos is currently 0.2 regulated asbestos fibres per milliliter of air averaged over any continuous period of four hours, measured in accordance with the MDHS 39/4 (Method for the Determination of Hazardous Substances no. 39/4).

If the employer has complied with the criteria set out above, and employees are exposed to asbestos, the following duties on the part of the employer will need to be fulfilled, inter alia:

• Information and training: Before the employee is exposed to the asbestos dust he must be adequately trained on all practical and theoretical aspects which are of importance, including the potential health risks, safe working procedures and safe disposal methods.
• Air Monitoring: Where exposure is in excess of half of the occupational exposure limit for asbestos, air monitoring must take place at least once a year.
• Medical Surveillance: Employees who will be exposed to asbestos must undergo medical surveillance by an Occupational Health Practitioner, within 14 days of after a person commences with employment, and then at least every two years thereafter.
• Respirator Zones: Employees who work in areas where they could be exposed to asbestos above the occupational exposure limit, must wear respirators at all times, and such area must be declared a respirator zone.
• Cleanliness of the workplace: Every employer must ensure that workplaces are maintained in a clean state and are free of asbestos waste.
• PPE: All PPE issued to employees who may be exposed to asbestos, must never leave the area in which it is used, and should be stored on site. The reason for this is that contaminated PPE (such as overalls etc) could cause innocent people to be exposed to asbestos dust, should the employee take the PPE off site. Further, any PPE contaminated with asbestos dust which must be disposed of, should be treated as hazardous waste.

It is critically important that employers ensure that they comply with the provisions of these regulations should their employees be exposed to asbestos, especially because of the serious impact exposure could have on the health of those individuals. If they fail to do so, and one of the employees contracts an asbestos – related disease, the employer could face up to twelve months imprisonment!

This article by Natalie Graaff via SheqAfrica.com

Fall Protection and Fall Protection Planning

Fall Protection and fall protection planning are needed because we continue to kill or critically injure workers, specifically on construction sites. You can read more about some of the recent incidents reported here, hereand here and this one.

What is fall protection planning and why do we need to plan for it?
Fall Protection Planning is part of your Health and Safety planning that focus on the health and safety of workers where there is a risk of falling from heights. We also implement Fall Protection Plans to comply with Construction Regulation 10 of 2014.

When preparing a Fall Protection Plan, you need to designate a competent person. The Institute for Working at Heights (IWH) is the registered professional body with SAQA for working at heights designations and the criteria for registering as a Fall Protection Plan Developer is that you must complete unit standards 229995, 229998 and 229994 with a registered and accredited training provider.

Only then can you be registered by the IWK Professional Body as a competent person. Please refer to the definition of “competent person” as per the Construction Regulations 2014.

I currently am employed by one of the largest roof sheeting companies in the country and because of our business; all of our work is carried out at heights. Over the years, I have met several persons who have attended a 1-day course in Fall Protection Plan Development. How is this possible?

How do you do 3 unit standards in a one day course?
Normally this course takes about 5½ days with practical training in Fall Arrest and Basic Rescue and by submitting a POE to the IWH. Even after this, I still don’t think that you can be competent without the practical experience. Valuable experience gained on site is far more important than a piece of paper gained by attending a one day course.

Whenever we start a new project, I prepare a site specific Fall Protection Plan and submit it to the Principal Contractor or Client for approval.

We have the Construction Regulations but still reports of workers falling from height make the news. What then is wrong here?

Most of the time, the person who is responsible for the approval of your Fall Protection Plan doesn’t have the competence themselves.

Now the question is why should they be a competent Fall Protection Plan Developer?
They might have Samtrac and all the other fancy courses and in most cases, working at heights, will not be in their scope of work.
That is where they are wrong! If I am going to work on heights on your site, you need to be competent to address the risk and hazards involved.

What better way than to be a competent Fall Protection Plan Developer?
I have tried my theory and deliberately submitted a generic Fall Protection Plan who anyone can download from the internet to safety officers responsible for large construction sites, and this generic plan was approved.

This plan was approved because they don’t know what the requirements for a Fall Protection Plan is and sometimes they don’t even take time to read through your plan. When submitting your Safety file most of the time the person on the other side of the desk is incompetent or they just tick boxes. The SHE Plan is in the file, tick the box, the Fall Protection Plan is in the file, tick the box and etc.

In the construction industry there is a huge gap when it comes to experienced Health and Safety practitioners. Companies are always looking to save cost and when appointing practitioners, they appoint people with the minimum training and experience, these practitioners is then responsible for everyone’s health and safety on site.

Now I have a fancy Fall Protection Plan and what then?
If you are not a competent Fall Protection Plan Developer, you can get help from “experts “who will supply you with a fall protection plan for a generous fee.

Once you have the fall protection plan, you must implement it on site. Most of the time this is problematic for any practitioner because the employees on site have no training or just the basic training what ultimately is inadequate.

You sit with a fall protection plan that looks great on paper but cannot be applied to your site because of a lack of training or inadequate training.Incompetence is the end result.

Whenever you write the fall protection plan you must consider the training needs of the employees who will be working on the site and for whom you write the plan. Make sure that employees are trained in Unit Standard 229998 and 229995- Fall Arrest and Basic Rescue as a minimum.

Your training ultimately will depend on what access methods will be used; will it be scaffolding or rope access? And also what rescue scenarios will be used in your rescue plan.

Fall Protection is much more than just filing a Fall Protection Plan in your safety file. Training and competence is the key part to effective managing the fall risks.

To conclude; whenever you write a Fall Protection Plan make sure –

• it is site specific,
• it includes a detailed fall risk assessment,
• you train your employees adequately through training providers registered with the IWH,
• and that you implement the plan on site.

This article by Stephan van der Westhuizen via SheqAfrica.com

How to Improve Quality - Part 2

Last week we brought you Part 1 of How to Improve Quality and this week we continue with part 2...


Construction Quality ChallengesEvery industry has particular challenges and practices that pose challenges or supports to quality management. Construction is seen as;

• Neanderlithic, or ‘pieces of burnt clay glued together’
• Project phases tend to be isolated; project initiation and briefing → concept and feasibility → design development → tender documentation and procurement → construction documentation and management → project close out.
• Separation of design and construction
• Industry structure [fragmented] • Fragmented contributions
• Focus on cost and time
• Client driven goals
• Procurement encourages competitive tendering
• No barriers to entry for providers
• De-skilling
• Poor culture.

The Role of Religion in Quality Management
According to Sadeq and Ahmad, authors of Quality Management Islamic Perspectives, Islam seeks to unify the schism between ethics and economics through, among other, the avoidance of undue waste and accountability.

The concept of Tawhid implies accountability in the afterlife, and requires justice and equity, and requires accountability to the public.

In accordance with Islam, work is an Ibadab, a deed of spiritual value, therefore Allah must approve actions and behaviour.

Construction Quality StatisticsAccording to the CIDB 2014 statistics, about 10% of construction clients are not satisfied with product quality. However tender process quality draw about 20% of dissatisfaction.

Quality of work delivered: Overall, clients were satisfied with the quality of completed work at handover on 90% of the projects surveyed in 2013, and were neutral or dissatisfied on 10%.

Resolution of defects: Clients were satisfied with the resolution of defective work during the construction period on 86% of the projects surveyed in 2013, and were neutral or dissatisfied on 14%.

Level of defects: Around 92% of projects surveyed in 2013 were ‘apparently defect free’ or had ‘few defects’ at practical completion / handover and 8% of facilities had ‘some defects’ or ‘major defects’.

Quality of tender documents and specifications: Contractors rated the quality of tender documents and specifications of clients as satisfactory on 78% of the projects surveyed in 2013, and were neutral or dissatisfied on 22%.

Adjudication of tenders: The results of the 2013 survey show that quality (or functionality) was not taken into account in the adjudication of tenders on 15% of projects.

Typical Quality Management DefectsPoor site management
Low contractor quality management expertise
Corruption
Inadequate resourcing by contractors
Lack of understanding of quality
Low Level of subcontracting
Focus on cost by contractors
Inadequate information
Inadequate quality skills and training
Focus on time by contractors
Lack of insight relative to the role of quality
Lack of minimum requirement to contract
Poor detail
Lack of worker participation
Focus on cost by clients
Poor constructability
Inappropriate project durations
Focus on time by clients
Lack of design team management commitment
Lack of construction management commitment
Lack of quality improvement processes
Inadequate generic skills training
Lack of pre-qualification on quality
Inadequate production skills
Poor specification
Lack of QMSs in construction
Inadequate tertiary education in quality (Construction manager)
Inadequate related tertiary education in quality (Project manager)
Lack of designer quality expertise
Reliance on inspections
Ineffective contractor registration
Cyclical seasonal industry
Lack of QMSs in design
Inadequate quality related tertiary education (Engineer)
Poor design
Variations
Lack of focus on quality control
Inadequate quality related tertiary education (Architect)
Poor contract documentation
Competitive tendering
Archaic processes (design and construction)
Separation of design and construction
Inadequate tertiary education in quality (Quantity surveyor)
Lack of partnering.

• This post is an extract from a referenced paper with statistical evidence, titled MANAGING QUALITY IN THE BUILT ENVIRONMENT, read to the KZN MBA Building Industry Forum in March 2014, by Prof John Smallwood, head of the DEPARTMENT OF CONSTRUCTION MANAGEMENT at Nelson Mandela Metro University.

• Visit http://www.iso.org/iso/iso_9000

This article by Edmond Furter via SheqAfrica.com

How to Improve Quality - Part 1

The causes of poor quality management, and a framework for improving the quality of management, services and products, are outlined by Prof John Smallwood.

Research into the views of construction clients, bodies, and contractors, revealed these causes and drivers of poor quality management;

• Lack of uniform understanding of quality and quality management
• Cost and time are more important than quality
• The importance of quality varies according to roles
• Pre-occupation with cost and time marginalises quality
• Pre-occupation affects contractors’ quality related performance (rating)

South African construction quality can be substantially improved. Quality performance is influenced by the sector in which construction is undertaken and the contributors.

An improvement process is important in terms of achieving quality (TQM). A range of interventions / systems are important relative to the achievement of quality. An informal approach is adopted relative to the achievement of quality (prevalence of documented QMSs).

A range of perspectives, practices, andsituations contribute to the achievement of quality. Management commitment is critical. A range of interventions and situations are barriers to achieving quality, such as poor site management.

The level of quality knowledge is generally inadequate. The sources of quality knowledge are predominantly informal.

Absolutes of Quality Management

Prof Smallwood revealed statistical evidence in a presentation on quality management in the built environment, at the KZN MBA Building Industry Forum in March 2014. He noted the ‘absolutes of quality’ as;

• Conform to requirements
• Set a performance standard at zero defect
• Use a system for prevention
• Measure the price of non-conformance.

Conventional wisdom, however, views and reacts to quality differently, as;

• Goodness or excellence
• Set a performance standard at certain quality levels
• Use a system of appraisal
• Measure indexes or process levels.

How to Improve Quality Management

The 14 steps of quality improvement, according to Crosby, are;

• Management commitment
• Quality improvement team
• Quality measurement
• Calculating the cost of quality
• Quality awareness
• Corrective action
• Zero defects planning
• Education and training
• Zero defects day
• Setting goals
• Error-cause removal
• Recognition
• Quality councils [institutionalisation]
• Do it over again.

A quality mangement intervention should have at least five categories of ingredients;

• Integrity
• Systems
• Communications
• Operations
• Policies.

Quality Management System (QMS) Elements
Any QMS should address at least these elements:

• Management responsibilities
• Contract reviews
• Document use and changes relative to the quality system
• Suppliers and co-contractors, regarding quality
• Material / service identification and traceability during all stages of construction
• Construction procurement control procedures
• Inspection and testing
• Inspection, measuring and test equipment with respect to calibration
• Ability to determine inspection and test status of all materials and elements
• Controls which prevent non-conforming material / elements being installed or processed
• Corrective action procedures which include investigations and analysis
• Quality records which verify the achievement of quality standards and the effectiveness of the system
• Quality audits which verify the effectiveness of the quality system
• Training of personnel who will perform the activities that effect quality during construction.

ISO Quality-Related Standards

Four standards in the quality family are ISO 9001: 2008 (requirements of a quality management system). It is implemented by about a million organisations in 170 countries. In South Africa, less than ten in 4000 CIDB-registered GB and CE Grade 5 to 9 contractors were ISO 9000 accredited three years ago.

ISO 9000: 2005 covers the basic concepts and language.
ISO 9004: 2009 focuses on how to make a QMS more efficient and effective.
ISO 19011: 2011 sets out guidance on internal and external audits of QMSs.

Check in again next week where we bring you Part 2 of How to Improve Quality.

Ebola Raises Health Care PPE Skills Risk

Ebola virus infection of some health care workers, despite wearing PPE, demonstrate the need to raise health care PPE skills.

Breach of health care protocol and PPE removal procedures at a USA hospital where Ebola victim Thomas Eric Duncan was treated before his death, led to the infection of a health care worker with the deadly virus. Other caregivers may have been exposed.

The infected health care worker’s personal protective equipment (PPE) included a gown, gloves, mask, and shield. She could not explain how the breach might have occurred, said Dr Tom Frieden, head of the Centers for Disease Control and Prevention. Duncan was the first person in the USA diagnosed with Ebola.

Some workers take off their PPE incorrectly, leading to contamination. Investigators will also check procedures for dialysis and intubation, the insertion of a breathing tube in a patient’s airway. Both procedures have the potential to spread infectious material.

A Spanish nurse assistant became the first health care worker infected outside West Africa during the ongoing outbreak.

She helped care for two priests who were brought to a Madrid hospital and later died. More than 370 health care workers in West Africa have fallen ill or died since the epidemic began earlier this year. A dog belonging to the Spanish nurse was euthanised.

The USA CDC said the “missteps” with the first patient and the infection of a caregiver was a warning to all health care workers worldwide.

Police stood guard outside her apartment complex and told people not to go inside. Officers made automated phone calls and passed out fliers to notify people in a four-block radius, although the risk is confined to close contact with Ebola patients.

The deceased patient came from Liberia to visit family, sought medical care for ‘fever and abdominal pain’, and told a nurse he had traveled from Africa. He was later placed in isolation.

Liberia is one of the three West African countries most affected by the Ebola epidemic, which has killed more than 4000 people, according to World Health Organisation figures. The others are Sierra Leone and Guinea.

Ebola Symptoms and Exposure Management.

Ebola is caused by a virus. Initial symptoms could start within two days of contact with an infected person or body: fever, tiredness, headache and nausea.

Later symptoms may include vomiting, diarrhoea, cough (which may contain blood), and bleeding from nose and mouth.

It spreads by people in direct contact with people who have ebola, or contact with dead bodies, or some animals.

Keep away from sick or dead patients with Ebola. Do not touch an infected person or their body fluids. Wash your hands often with soap.

Do not touch or eat bush meat or bats.

If you suspect ebola, call your medical centre and tell them about your illness. Listen to the advice, you may be sent to a special hospital.

Keep away from others so they don’t get sick. Be especially careful with your bodily fluids such as spittle, cough, blood, urine, feces.

USA health authorities confirmed; “Ebola spreads through close contact with a symptomatic person’s bodily fluids, such as blood, sweat, vomit, feces, urine, saliva or semen. Those fluids must have an entry point, like a cut or scrape or someone touching the nose, mouth or eyes with contaminated hands, or being splashed.”

The World Health Organisation confirmed that “blood, feces and vomit are the most infectious fluids, while the virus is found in saliva mostly once patients are severely ill. The whole live virus has never been culled from sweat.”

USA customs and health officials began taking the temperatures of passengers arriving at airports from Liberia, Sierra Leone and Guinea in a stepped-up screening effort.

The health care worker had reported a fever as part of a self-monitoring regimen required by the CDC. The hospital has stopped accepting new emergency room patients.

In the health worker’s neighborhood, one police officer said an industrial barrel outside contained hazardous biological waste taken from inside the building.

Officials said they also received information that there may be a pet in the health care worker’s apartment, and they have a plan to care for the animal. They do not believe the pet has signs of having contracted Ebola.

Disclaimer: This post is to raise awareness. It is not a substitute for professional medical advice. Should you have questions or concerns about any topic described here, consult your medical professional.

Source; Buildsafe SA. Press of Atlantic City.

This article by Edmond Furter

Nigerian Church Slab Collapse Confirms Our Safety Responsibility

The Nigerian church slab collapse in September 2014 that killed 84 South African pilgrims, reminds us that safety is a human responsibility that cannot be delegated to God.

“In the first century, a large tower in Jerusalem fell, killing eighteen people (Luke 13:4). Still many scaffoldings and buildings worldwide kill workers and other people.” I wrote these words three years ago, urging churches to integrate health and safety values in their practices.

There is no city in the world prayed for as much as Jerusalem. The Psalmist declares: “Peace be within your walls, prosperity within your palaces”. Yet a tower in Siloam fell and killed 18 people in Jerusalem.

Churches should take a leaf out of the Vedic literature, that non-injury is the highest of all virtues; Ahimsa Paramo Dharmah.

The legal code of Babylonian King Hammurabi of BC 220, prescribes punishment of overseers for injuries suffered by workers.

There is a misperception among some believers that religion and safety are incongruent, or that religion places all trust in the higher hand. This is a fallacy! Safety is an age-old management responsibility, as confirmed even in religious history.

The first five books of the Old Testament by Moses, include social and safety values, cultural codes, and health codes including diet. The church should be built on rock and faith.

The body is a temple, and sacred gatherings are collective spiritual weddings. Everyting has to be safe, healthy, with low environmental impact, and of high quality, or ‘Sheq’.

One of the human challenges is the ability to distinguish the essence of matter from form. We have to start with form, then we are free to invest form with substance.

The responsibility for safety is a human responsibility which cannot be delegated to God.

Spiritual Intelligence Supports Safety

We look at incidents in a ‘rear view mirror’, with the wisdom of hindsight, but there is often less wisdom in our prevention efforts.

We need intellectual, emotional and spiritual intelligence, the latter based on multiple meanigs and value in a wider human context, writes Mabila Mathebula.

SQ is soul’s intelligence by which we recognise universal values, beyond the conventional, as Zohar and Marshall wrote in 2000. Indications of a highly developed SQ are:

• capacity to be flexible (actively and spontaneously adaptive).
• high degree of self-awareness.
• capacity to face and use suffering.
• capacity to face and transcend pain.
• quality of being inspired by vision and values.
• reluctance to cause unnecessary harm.
• tendency to see the connection between diverse things (holism).
• tendency to ask “Why” or “What if” and seek fundamental answers.
• field-independent‘ facility for working against convention.

Noah followed safe construction instructions from God. He used the right materials, dimensions and coating inside and out.

We dare not delay the implementation of health and safety management in our churches, mosques and synagogues. A religious organisation without health and safety management is not built on rock.

Churches have to embrace the five elements of wise reasoning proposed by Grossman (cited in Southey);

• Willingness to seek opportunities to resolve conflict;
• Willingness to search for a compromise;
• Recognition of the limits of personal knowledge;
• Awareness that more than one perspective on a problem can exist;
• Appreciation that things may get worse before they get better.

In the article titled Churches should promote HS values and culture I wrote three years ago: “We need a safety indaba in the Evangelical industry to highlight the hazards, risks and opportunities for enhancing values and culture, including transport risks, fatigue risks, fire risks, and work task risks”.

For the conservative paradigms of churches to change, they need to become learning organisations and abandon the ‘pharisee’ mentality that deveopes only on theory and is insulated from the real world and from learning.

This article by Edmond Furter via SheqAfrica.com

We're Hiring!

We are looking for an individual to join us permanently to manage our clients health and safety systems and procedures, as well as to look after our accreditation on the training side.

To apply, you must have the following or at least the majority of it;

• Intro to SAMTRAC (Hazards identification, Risk Assessment, Procedures).
• Safety Management/Supervisors Certificate
• Understanding of the OSHAct. (Executive Legal Liability)
• Incident Investigation Certificate.
• Auditing
• 6 months of experience.

Ideally we're looking for a person with a SAMTRAC qualification, and Incident Investigation, and 2 years of experience.

Salary will be negotiated based on the individual's set of skills and resume.

All CV's can be mailed to dalwyn@srg.co.za

Dangers Lurk in Poor Health & Safety Communication

Communication in Occupational Health and Safety is of cardinal importance.

The structure of communication must focus on communication from management downwards to the general worker but also from the general worker upwards to management.

It has become clear to me during my encounters with the Health & Safety management systems of clients, when performing legal compliance audits, that a lot of companies still see health & safety as a window dressing, or paper, exercise.

They are so Wrong

Employers believe that the odds of getting away with window-dressing are good because:

1. Something bad will never happen to them, and
2. They believe that having a document on file is sufficient in complying with legislation and safeguarding them against liability claims in the event of an incident.

Health and Safety Communication

Health and Safety communication and training, although not the same, are two of the more important aspects of Occupational Health and Safety.

It is explicitly required of an employer in industry in terms of the Occupational Health and Safety Act 85 of 1993, section 8 (2) (e) “Without derogating from the generality of an employer’s duties under subsection (1), the matters to which those duties refer include in particular- providing such information, instructions, training and supervision as may be necessary to ensure, as far as is reasonably practicable, the health and safety at work of his employees” and section 13 “Without derogating from any specific duty imposed on an employer by this Act, every employer shall-

(a) as far as is reasonably practicable, cause every employee to be made conversant with the hazards to his health and safety attached to any work which he has to perform, any article or substance which he has to produce, process, use, handle, store or transport and any plant or machinery which he is required or permitted to use, as well as with the precautionary measures which should be taken and observed with respect to those hazards;

(b) inform the health and safety representatives concerned beforehand of inspections, investigations or formal inquiries of which he has been notified by an inspector, and of any application for exemption made by him in terms of section 40; and

(c) inform a health and safety representative as soon as reasonably practicable of the occurrence of an incident in the workplace or section of the workplace for which such representative has been designated”.

The equivalent under the Mine Health & Safety Act 29 of 1996 is section 10 (1)“As far as reasonably practicable, every employer must-

(a) provide employees with any information, instruction, training or supervision that is necessary to enable them to perform their work safely and without risk to health; and

(b) ensure that every employee becomes familiar with work-related hazards and risks and the measures that must be taken to eliminate, control and minimise those hazards and risks”.

The Wikipedia definition for communication is “Communication (from Latin commūnicāre, meaning “to share” ) is the activity of conveying information through the exchange of ideas, feelings, intentions, attitudes, expectations, perceptions or commands, as by speech, gestures, writings, behaviour and possibly by other means such as electromagnetic, chemical or physical phenomena. It is the meaningful exchange of information between two or more participants (machines, organisms or their parts)”.

Communication requires a sender, a message, a medium and a recipient. The communication process is complete once the receiver understands the sender’s message.

Proving that the Communication was Understood.

It is very evident from the above-mentioned definition and brief explanation of communication that communication is only successful if the receivers understand the information conveyed to them.

To bring Health and Safety into the discussion I would like to refer to simple things such as having a Prescribed Medicine Policy as required in terms ofGeneral Safety Regulation 2A (3) as well as PPE and the requirements relating to it in terms of regulation 2 of the regulation mentioned above.

Having a policy to protect employees in the place of work due to the detrimental effect of fatigue is not sufficient if that policy is not communicated to staff.

It is also important to be able to prove that information was communicated. Here one has to distinguish between lower and higher level employees.

With higher level employees an informative session followed by the signing of an attendance register is sufficient.

With lower level employees more effort should be put in. These employees must be trained on the policy, its contents and their duties in terms thereof, followed by a test. We have eleven official languages in our country which means that a person that is informed in a language which is neither first nor second can use/abuse that against an employer. With these employees an attendance register would merely show that the individual was present, but not necessarily an understanding of the information conveyed/communicated.

Ensure that your Health and Safety policies and procedures are communicated and employees informed of them.

This article: by Gerrit Augustyn via SheqAfrica.com

SHEQ Managers are not Human Resource Practitioners

Confronting the question of the organisational position of SHEQ managers.

Are we part and parcel of human resources (HR), or separate? In my experience we are separate from HR, and are more technical and operational.

SHEQ Managers and the CEO

SHEQ Managers internationally should report to the CEO or MD. This is common practice in most of the companies I have worked.

In my last role, as HSSE Commissioning Manager for a petrochemical refinery, it would have been impossible to ‘report to HR’. So perhaps we should first look at the industrial sector.

In retail and non-technical industries, SHEQ people may report to HR, but in technical operations Sheq managers must report to the CEO or MD, on par with the other departments with their line management silos.

I would hate to report to HR personally, as they too are internal organisational service providers. HR should report to Health and Safety, or HSE or SHEQ.

In the modern behavioural approach to psycho-social issues in the UK, the HSE chaps deal with it, and a survey indicated that HR and psychologists were only supporting these psychosocial workplace issues. -Shane Lishman, in response to a report by Rudy Maritz (see his report on workplace SHEQ culture in the UAE, in another post on Sheqafrica.com).

Where do SHEQ Managers and Courses fit in?

Unisa apparently sees OHS as part of management, judging by its current change of the Safety Management degree to a BCom degree with safety modules.

In the earlier post, Rudy Maritz wrote that most SHEQ managers worldwide agree that we are a profession, but some see us as a sub-field of human resources management. The South African occupational framework, OFO, sees OHS or SHEQ managers as working in the human resources (HR) discipline.

The DoL adopted the use of the OFO (which extended ANZCO by incorporating additional occupations and occupational categories identified through research and consultation) as a tool for identifying, reporting and monitoring scarce and critical skills, and maintained it through an annual updating process.

This process and responsibility was taken over by the Department of Higher Education and Training (DHET) five years ago.

Health and Safety and the OFO

According to the 2013 Organising Framework for Occupations (OFO), occupations are classified in eight main groups.

In the OFO, Health and Safety Managers (SHEQ managers) fall in the main group of managers, and the sub-group of Human Resources. From a skills level point the HS or SHE Manager is on par with the HR manager, Recruitment Manager, Training Manager, Compensation and Benefits Manager, and Employee Wellness Manager.

The OFO Occupational Code for SHE Managers (121206) notes that this person manages, reviews and evaluates work environments, and oversees the design of programs and procedures to control, eliminate, and prevent disease or injury caused by chemical, physical, and biological agents or ergonomic factors.

Clearly, the DHET sees Health and Safety Management as a Human Resources function, and not a health (medical) or safety (engineering) function.

Contrary to Health and Safety or SHE Managers, practitioners fall under the Professional sub-group 226302. This person develops, implements and evaluates risk management policies and programs, trains employees in occupational health and safety procedures, monitors and audits the workplace, and records and investigates incidents to ensure safe and healthy working conditions.

Environmental Managers are described under 226301, with various other options. From a construction perspective, Construction Managers include Construction Project Managers, and various terms in the Engineering field. There is no classification for a Construction (SHE) Agent, Manager or Officer in the OFO.

Safety falls in various occupational unit-groups, and safety officers fall in some specialist groups, like mine safety officer, marine safety officer, fire safety officer, food safety officer, road safety officer, or safety and security officer.

The ultimate responsibility of SHEQ practitioners (SHEQ managers) is in planning, leading, co-ordinating, controlling and resourcing of those functions that achieve organisational compliance in best practices, wrote Martiz.

SHEQ Cannot Operate in Isolation

SHEQ practice does not operate in isolation, but is an overarching or horizontal function, integrating into every line function (vertical) within an organisation.

The ideal organisational structure should have a SHEQ co-ordinator in each department, reporting to a SHEQ manager and a SHEQ champion at board level.

OHS has a very unique place in the business world. One of the key subjects recommended by Prof Phoon to the ILO, is the organisational functions within the OHS professions. SHEQ managers serve administrative and organisational compliance, and are thus management functionaries.

This article by Shane Lishman via SheqAfrica.com

First-Aid in the Workplace – The Legal Requirements

First-aid in the workplace legal requirements can be found in the General Safety Regulations made under the Occupational Health and Safety Act.

Appointment of First-Aiders

Firstly, the general duty placed on employers is that they should take all reasonable steps that are necessary to ensure that persons at work receive prompt first-aid treatment in the case of an injury or emergency.

If an organisation employs more than five employees, the employer must provide a first-aid box at or near the workplace which must be accessible and available for the treatment of injured persons at that workplace.

If an organisation employs more than ten employees, then at least one person for every fifty employees must be in possession of a valid certificate of competency in first-aid, or in the case of an office or shop as contemplated in the Basic Conditions of Employment Act, one first-aider must be available for every one hundred employees.

First-Aid on Day and Night Shifts

The employer must take keep in mind that labour legislation prohibits discrimination against employees based upon the shift which they work – any privileges and services which are available to day shift workers must be available to night shift workers too. In other words, if there are first-aiders available on the day shift, as well as emergency response teams, persons with these skills should be available to the staff who work at night.

It is a common occurrence that there are response teams, nursing sisters and/or doctors on site during the day shift, but that they are merely on standby on night shifts. This will result in serious legal liability consequences for an employer should an employee be injured on night shift, and die as a result of the fact that he did not receive treatment timeously enough.

If a workplace uses high risk substances, corrosives or similar hazardous substances, the first aider must be trained in first-aid procedures that are necessary for the treatment of injuries that may result from exposure to these substances. He should also be aware of the emergency procedures which are necessary in the case of accidental leakage, spillage or dumping of these substances.

Contents of a First-Aid Box

The Annexure to the General Safety Regulations list the minimum content of a first aid box as follows (the quantities required have been omitted):

• Wound cleaner/antiseptic
• Swabs for cleaning wound
• Cotton wool for padding
• Sterile guaze
• Forceps
• Scissors
• Safety pins
• Triangular bandages
• Roller bandages
• Elastic adhesive
• Non-allergic adhesive strip
• Adhesive dressing strips
• First aid dressing
• Straight splints
• Disposable latex gloves
• CPR mouth pieces
• Household gloves
• Disinfectant
• Plastic red bad
• Paper towel

Is that all?

Although this is the list that the Act prescribes, there is a common misconception that an employer will be legally compliant if he has a kit which contains the items listed above. This is not so…

Regulation 3 dictates that an employer must make sure that his first aid boxes contain suitable first aid equipment which includes at least the equipment listed in the annexure. However, he must take into account the type of injuries that are likely to occur, the nature of the activities performed and the number of employees who work at the workplace.

It is evident that the contents which must be included will be dependent on the nature of the risks which will be encountered in the workplace. It will therefore be necessary to peruse the hazard identification and risk assessment of the organisation to determine what other items may be required in the box – for example, if fire is an identified risk, burn kits should be included in the first-aid boxes.

The principle is that for every significant risk which could be encountered in the workplace, there must be sufficient emergency equipment contained in the first-aid kit – only then will the employer be in possession of a legally compliant first-aid kit.

This article by Natalie Graaff via SheqAfrica.com

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An MSDS a Day Keeps the Doctor Away

MSDS sections and details will be discussed in this article. Last month, we looked at hazardous chemical substances and more specifically at the responsibilities of the users and employers.

With regards to the Hazardous Chemical Substances Regulations, all persons manufacturing, selling, and supplying hazardous chemicals shall as far as reasonably practicable provide persons receiving or using such substances with a material safety data sheet [MSDS].

What is a MSDS?

A Material Safety Data Sheet (MSDS) is a form with data regarding the properties of a particular substance. This form is a means of transferring essential information on handling, transport, storage and processing of the chemical substance.

The MSDS should be written in a 16 section format. These 16 sections are always in the same sequence. The reason for this is once the framework with regards to the MSDS format is known it is possible to directly refer to the information required by the user.

There are 4 key issues that need to be known about chemicals:

1. What is the product or chemical and what should be known immediately in an emergency situation?
2. What should be done if a hazardous situation occurs?
3. How the hazardous situation can be avoided or prevented?
4. Other useful information

MSDS Sections Explained

So let us now take a closer look at what information you should expect under the 4 issues mentioned above:

1. What is the Product or Chemical and What Should be Known Immediately in an Emergency Situation

SECTION 1: Chemical product and company identification

This section must state the product name and also the name, address and contact number of the supplier. An emergency contact number used by company must also be given.Whether the chemical product is a substance or a preparation must also be stated.

SECTION 2: Composition/information on ingredients

The ingredients contributing to the hazard must be indicated.In the case of a preparation the information of the chemical nature of product must be given.

SECTION 3: Hazards identification

Here the most important hazards and effects of the product must be clearly summarised. The adverse human health effects, environmental affects must be stated.

2. What Should be Done if a Hazardous Situation Occurs?

SECTION 4: First Aid measures

Clear first aid measures must be stated. This information to be subdivided according to different exposure routes; inhalation, skin, contact, eye contact and ingestion.

SECTION 5: Fire fighting measures

This section must state which extinguishing media is suitable.Hazards with regards to firefighting measures, methods and special equipment.

SECTION 6: Accidental release measures

This section must contain information on personal, environmental precautions and also neutralisation and methods for cleaning up of the substance.

3. How the Hazardous Situation can be Avoided or Prevented

SECTION 7: Handling and Storage

Handling – prevention of user exposure, prevention of fire and explosion and precautions for safe handling

Storage – technical measures and storage conditions. To include separation from incompatible products.

SECTION 8: Exposure controls / personal protection

In this section engineering measures, control parameters and personal protective equipment is mentioned.

SECTION 9: Physical and chemical properties

This section must include physical state, form, color and odour.

SECTION 10: Stability and reactivity

Possible hazardous reactions occurring under specific conditions must be stated. Information that must be contained here are conditions to avoid, materials to avoid, and hazardous decomposition products that may be expected.

4. Other Useful Information

SECTION 11: Toxicological information

Complete and comprehensive description of toxicological health effects, acute toxicity, local effects, sensitisation and long term toxicity of product which can arise if user comes in contact.

SECTION 12: Ecological information

This section must have information on possible environmental effects.

SECTION 13: Disposal considerations

Methods for safe and environmentally preferred disposal must be contained in this section.

SECTION 14: Transport information

Information on codes and classification according to international regulations for transport.

SECTION 15: Regulatory information

This section must contain information on regulations specifically applicable to the chemical product.

SECTION 16: Other information

Any further information which may be important form a safety point of view, for example training needs and recommended use and possible restrictions of the product may be stated.

General aspects that should also appear on every page of the MSDS, includes the name of the chemical substance as used on the label and it must be dated and numbered. The date indicated must be the latest revision date.

This article by Tessa van Eeden via SheqAfrica.com

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Health & Safety Specification is Not Cut & Paste Law

Risk assessment involves health and safety specifications and quantities, requiring competence beyond copy-and-paste of some laws.

Risk assessments are also required in the Construction Regulations that came into effect on 8 August 2014, starting with the duty of the Client to perform a baseline risk assessment, writes consulting body Nioccsa chairperson Rudy Maritz.

According to a publication of the Safety First Association titled ‘Risk Assessments: Guide to understanding the basics’, by Leighton Bennett, risk assessment is “identification of undesired events, their causes and analysing their likelihood and potential consequences – considering existing control measures – in order to make a valued judgement as to the risk’s acceptability.”

Bennett states that “Assuming a Baseline Risk Assessment, it permits the assessment being performed at an organisational level or at a site level depending on the objective for holding the risk assessment.

This enables the operational level being considered to be communally or separately risk assessed to identify the potential risk issues, the magnitude of these risks and the likely impact these risks could have ranging from a specific site to across some or across all of the enterprise’s management disciplines operations to give a enterprise-wide risk assessment perspective”.

Tinus Boshoff, health and safety specialist to the SA Labour Guide, defines a baseline risk assessment differently; “to establish a risk profile or a set of risk profiles. It is used to prioritise action programmes for issue-based risk assessments”.

His view differs from Bennett’s in that “it should be performed to obtain a benchmark of the types and size of potential hazards, which could have a significant impact on the whole organisation. They need to identify the major and significant risks, then prioritise these risks and evaluate the effectiveness of current systems for risk control.

“It must be emphasised that the baseline is an initial risk assessment that focuses on a broad overview in order to determine the risk profile to be used in subsequent risk assessments. A baseline risk assessment focuses on the identification of risk that applies to the whole organisation or project.

“This type of assessment could be performed on a site, region or even on a national basis concerning any facet of the organisation operations or procedures. This assessment needs to be comprehensive and may even lead to other and more in-depth studies.”

The Occupational Health and Safety Act does not define risk assessment, but mentions it in several regulation as a process for the identification of risks and hazards to which persons may be exposed to, and an analysis and evaluation of the risks and hazards identified, based on a documented method (CR 9-2014).

It should include a documented plan and applicable safe work procedures to mitigate, reduce or control the risks and hazards that have been identified; a monitoring plan; and a review plan.

The process described in law makes no mention of “baseline”. Statistics define “baseline data” as the initial collection of data which serves as a basis for comparison with the subsequently acquired data.

It is therefore important to understand the actual construction processes before engaging a person to perform the baseline risk assessment.

When the client has to perform the baseline risk assessment, it is therefore done on the initial information pertaining to the “anticipated hazards” of the planned project.

Design Competence & Assessment

A construction client will never start a project without a drawing of some sort. They will have some idea of what they want constructed; be it a skyscraper or a new distillation plant. Then they will call in a designer to come up with a “construction drawing”.

The designer has the duty not to include anything in the design necessitating the use of dangerous procedures or materials hazardous to the health and safety of persons, which can be avoided by modifying the design or by substituting materials and in the event that this do happen, they have to inform the client of any known or anticipated dangers or hazards relating to the construction work, and make available all relevant information required for the safe execution of the work.

During the design stage, the designer should also take cognisance of ergonomic design principles in order to minimize ergonomic related hazards in all phases of the life cycle of a structure and take into account the hazards relating to any subsequent maintenance of the relevant structure and must make provision in the design for that work to be performed to minimise the risk.

This process will also have to be repeated when the design is subsequently altered.

It is during the planning stage that the construction health and safety agent are to provide input on the proposed design and highlight some of the risks associated with the designer’s “idea” of how to build the structure.

It may require the construction drawing being altered a few times before everybody agrees that all the risks have been “designed out”.

Baseline Risk Assessment

The baseline risk assessment can now be performed based on the initial data available from the designer, the structural engineer and geotechnical reports. From this risk assessment, the health and safety specification can be developed.

In assessing the risks, the baseline should focus on the “construction work” risks as well as the “project management” risks that may have a negative impact on health and safety.

The latter specifically pertain to the management of contractors in relation to time and costs, as delays in construction would result in time constraints that will ultimately result in health and safety falling by the wayside. Emergency preparedness should also be included in the baseline risk assessment.

Health and Safety Specification

The client will then, after preparing the health and safety specification, provide the designer with a copy thereof to finalise the design. In essence, the health and safety specification forms an instruction manual for the designer, based on the initial agreement on the risks already designed out, thus ensuring these risks are not designed back into the drawings.

The designer then needs to prepare a report on the all relevant health and safety information about the design of the relevant structure that may affect the pricing of the construction work; the geotechnical-science aspects, where appropriate; and the loading that the structure is designed to withstand.

Only now can the health and safety specification be sent out with the tender documents.

Health & Safety Competent Person

The definition of competent person defined in Construction Regulation 1, states that a person must have knowledge, skills and experience coupled with a qualification listed on the NQF.

While the designer may be a professional architect, structural engineer or an interior designer, the information he relies on during the design is not prepared by a person of similar standing. There is nothing in the regulations preventing a client from appointing a “risk assessor” with a certificate issued based on unit standard 244287 at NQF level 4.

Yet the risk assessor only needs to be a competent person and not a registered professional under any of the Built Environment Professions Councils.

Common sense would however dictate that the competent person performing the baseline risk assessment should have the knowledge, skills and experience of sufficient extent pertaining to the project and only apply the qualification in the “mathematical techniques” needed.

Competence is Not Related to NQF Alone

There is a general misunderstanding of the unit standards under the NQF. It is not regarded as a certificate of competence or a qualification, but only a unit making up a qualification. Unlike Unit standard 244287, the National Certificate in Occupational Safety (ID 79808) is a recognised qualification.

The risk assessment for building a 40 storey building is far more involved than the construction of a new water reticulation system, limited to trenching at a depth of 1 to 1,5 metres. It is thus important that the competency of a risk assessor is judged accordingly.

Documented Method

The OHS Act calls for an analysis and evaluation of the risks and hazards identified based on a documented method. This is a very important aspect in risk management. It describes the method used to analyse the risks and to evaluate the potential exposure based on the existing controls.

Commonly referred to as the Risk Methodology, it is important that all risk assessments done for a project by the various contractors follow the exact same method. It is the only way to ensure a risk value has a standard interpretation.

Tender Documents

I have often been asked what the client is required to provide in their tender documents. Although the regulations do not specifically call for it, the baseline risk assessment should be included in the tender documents in order for the bidding contractor to prepare a suitable OHS plan and to ensure the risk assessment is properly communicated.

The general health and safety specifications currently in circulation are mere copies of the Construction Regulations from Coega Development Corporation and the DPW, and mutations thereof. Very few specify anything other than what the law requires.

Bill of Quantities

The regulations impose a duty on both the client and principal contractor to “ensure” the cost of health and safety requirements are provided for in the tender documents; CR 5(1)(g) and CR7(1)(c)(ii).

The general rule of thumb is that legal compliance is a business overhead and not a project cost element. However, where an OHS specification calls for a specific item, not part of the core business of a contractor, or indifferent to the contractor’s normal compliance program, these costs should be added to the Bill of quantities as line items.

OHS Specifications thus cannot simply copy legislation and refer to legal requirements. They have to specify the items, and link to the bill of quantities.

This article via SheqAfrica.com

DOL postpones construction health and safety registration

The Chief Inspector of Labour postponed construction health and safety registration with the SACPCMP until August 2015.

The draft Government Notice circulated on 5 August 2014, headed ‘Notice regarding application of the Construction Regulations 2014’, follows general criticism of greay areas in the regulations and impracticalities in its implementation.

Under Section 40 (3)(b) of the OHS Act, chief inspector Thobile Lamati grant temporary exemptions regarding SACPCMP registration, under Section 5(8), for these categories of construction health and safety professionals until 6 August 2015;

• Regulation 5 (7)(b) Construction Health and Safety Agent as in sub-regulation (5) and (6);
• Regulation 8 (6) Construction Health and Safety Officer as appointed by a Contractor.

The draft notice will be Gazetted soon, probably on 8 August.

This article by Edmond Furter via SheqAfrica.com

Labour Inspectors find 75% Health & Safety Law Compliance

SA Labour minister Mildred Oliphant said Labour inspectors found that 75% of employers complied with health and safety laws in 2014.

In the Department of Labour budget vote address in July 2014, Oliphant said the DOL Inspection and Enforcement Service has during the 2013-2014 financial year visited and inspected 164 868 workplaces.

“Of these workplaces, 75% were found to be compliant, and 25%, or 41 217, were not.” Among the 25% non-compliant employers, 82% received notices or referrals to court. “This represents an improvement from the previous years, but there is still room for improvement,” said Oliphant.

However in some recent years the Labour inspectorate reported higher compliance rates after its follow-up visits to errant employers.

Labour Inspectors to Follow ILO Guide

“To strengthen Inspection and Enforcement and to fall in line with the International best practice, Convention 81 on Labour Inspection provides useful guidance for designing and monitoring a labour inspection system.

“In the coming years, the Department will be working within the framework of the Convention to make improvements to the functioning of the inspectorate and to monitoring compliance with our labour legislation.

“The Chief Inspector has also engaged with social partners on the activities of the inspectorate and will continue to do so within the framework of the Convention.

“Last year, the Department commenced a process of professionalising the inspectorate so that it can improve our enforcement capabilities but also respond to the needs of the different sectors that the Department is responsible.

“We have completed the first phase of this process and the Department will be commencing with the second phase. A detailed plan will be presented to the Portfolio Committee for Labour.

Coega Company Fined R100 000

“Not so long ago the country watched with horror the collapse of the Coega Bridge in Port Elizabeth killing two people and injuring 13 people. More recently in Tongaat, a mall that was under construction collapsed fatally injuring two people and causing serious injuries to a further 29 workers.

“As was the case in the Coega incident, the Department conducted an enquiry into the collapse of the Tongaat mall. In the Coega incident, the construction company pleaded guilty and paid R100 000 admission of guilt fine, which is the maximum penalty provided for in the Occupational Health and Safety Act (OHS Act).

“The Inspection and Enforcement Services branch started the investigation of the Tongaat Mall collapse. Given the seriousness of the matter the Department escalated the investigation into a formal inquiry in order to thoroughly identify the cause of the collapse, prevent re-occurrence of this type of incidents and also to institute criminal proceeding against any party that may have transgressed the provisions of the Occupational Health and Safety Act and the Construction Regulations.

Social Partners want OHS Registration

“The Department has in the last financial year worked together with the social partners in the construction industry to stem the tide of incidents. The collaboration with stakeholders under the guidance of the Advisory Council for Occupational Health and Safety (ACOHS) resulted in the promulgation of new Construction Regulations.

“A new provision in the Construction Regulation 2014 is the registration of the Construction Health and Safety Practitioners. This is our first step towards the regulation of the occupational health and safety profession. This in our view will go a long way in contributing towards the reduction of incidents in the construction industry,” said the minister.

Compensation Problems

“During the last year considerable strides were made to reduce the service delivery challenges experienced by the Compensation Fund and its clients. The Fund has worked hard to improve services to beneficiaries and to improve communication with its stakeholders. The claims backlog should be substantially reduced and the turnaround time on claims and employer services improved,” said Labour minister Oliphant.

“The Fund will continue to keep the Portfolio Committee fully briefed on progress and those areas that may still remain challenges.

“The COID Amendment Bill is at its final draft stage and the Policy Framework will have to go through all other due processes including consultations with our stakeholders. We will keep Parliament posted on the state of readiness for the Bill to be tabled.

“With respect the employment of people with disabilities, the department reached the 2.5% level of representation. Whilst this represents progress there is still some way to go.
The Department “has made some progress on the ICT front and the State Information Technology Agency (SITA) will soon be appointing an IT service provider on behalf of the department by the end of August 2014”.

Department of Labour strategic priorities for 2015
For the 2014/15 financial year, an appropriation of R2.527-b has been awarded to the Labour Department. The increase of R82-m when compared to the 2013/14 adjusted appropriation can mainly be attributed to “the carry-through effect of salary adjustments”.

Department of Labour priorities include;

• Strengthening the inspection and enforcement services.
• Raising awareness of the Amended labour laws in order to encourage compliance.
• Working with the State Information Technology Agency to stabilise the Information Technology work stream.
• Strengthening the role of Public Employment Services.
• Initiating high level dialogue on the key challenges in the labour Market Environment.
• Addressing the challenges at the compensation Fund.
• Addressing the challenge of the infrastructure with respect to the Labour centres.
• Improving Communication and outreach programmes.
• Commence the due processes with respect to appointment of the Director General of the Department and the filling of vacant senior management positions.
• Investigate the modality for the introduction of a national minimum wage as one of the key mechanisms to reduce income inequality.

Labour Laws Under Review
In the legislative and policy environment, the DOL plans to:

• Amend the Compensation for Occupational Injuries and Diseases Act to develop a rehabilitation, re-integration and return to work policy for injured workers and workers affected by occupational diseases.
• Amend the Occupational Health and Safety Act (OHS Act). “The Act places responsibility for creating a healthy and safe working environment on employers, but there are shortcomings in the way that health and safety is being regulated in the workplace,” said the minister.

This article by Edmond Furter via SheqAfrica.com

OHSAS18001 and Health & Safety Legal Compliance

Health and Safety Legal Compliance and OHSAS18001: Differentiating between clause 4.3.2 (Legal & Other Requirements) and 4.5.2 (Evaluation of Compliance)

In order to comply with clauses 4.3.2 and 4.5.2 under OHSAS18001, the differences and similarities between these two clauses must be clearly understood.

Clause 4.3.2: Legal and Other Requirements

In terms of this clause, an organisation must establish, implement and maintain a procedure for identifying and accessing the legal and other occupational health and safety requirements that are applicable to it.

This clause therefore directs that an organisation firstly needs to identify all laws and other requirements which it must comply with which relate to health and safety.

The identification of applicable legal compliance requirements should be undertaken by an individual who is competent to do so, such as a person who is legally trained (attorneys, advocates etc) in order to ensure that none of the relevant requirements are overlooked.

A list of these legal compliance requirements must be compiled in the form of a legal library, database or register.

Health and Safety Legal Compliance

Sources of legal compliance requirements could include:

• National, provincial and municipal legislation
• Decrees and directives
• Permits, licenses
• Orders issued by regulatory agencies
• Customary/indigenous law
• Treaties
• Conventions
• Protocols

“Other” requirements to which an organisation must comply could include inter alia:

• Agreements with customers
• Non-regulatory guidelines
• Voluntary principles
• Codes of practice
• Agreements with community groups
• Public commitments of the organisation
• Company requirements

It is critically important that these “other” requirements are not overlooked, and are also properly managed.

This clause then directs that the organisation must have access to the aforementioned requirements, so it is not sufficient to simply list the applicable requirements.

Further, this information needs to be kept up to date, and there must be a procedure to communicate the legal compliance and other requirements to employees and interested parties. Updates to the relevant requirements will need to be communicated to these parties too.

Clause 4.5.2: Evaluation of Compliance

As it states, this clause directs that an organisation must establish, implement and maintain a procedure for periodically evaluating compliance with the applicable legal and other requirements which were identified under clause 4.3.2, and that records of the results of these evaluations must be kept. The frequency of the periodic evaluations may vary for differing legal compliance requirements.

In order for an organisation to comply with this clause, it will need to undergo health and safety legal compliance audits. Legal compliance auditing should only be conducted by individuals who are competent to do so, such as individuals who have been legally trained.

It is further important that an organisation is audited against all of the laws which are applicable to it – not only National Legislation, and not only against the Occupational Health and Safety Act.

It is a common problem that organisations are not aware of the Provincial and Municipal by-laws which are of application to their operations – this exposes the organisation to significant risks, since the by-laws quite often attract substantial penalties for non-compliance thereto.

There are roughly 250 pieces of South African legislation that relate to safety, health and environment which could be applicable to any organisation. It is therefore fitting that these legal compliance audits should be conducted by individuals such as attorneys or advocates, who are comfortable with reading, interpreting and applying legislation.

Conclusion

Based on the above discussion, it is evident that the management of Health and Safety legal compliance is critical in order to achieve and maintain OHSAS18001 certification.

Article by Natalie Graaff via SheqAfrica.com

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"Safety First" - but how do you know?

Safety first, or not? That is the question. You walk into a company and see the sign. How do you know Safety is really first? Maybe there are other signs you should rather look at if you are interested in the truth.

Safety First

What do the signs tell you?

Usually, when I see the “Safety first”-sign I immediately start to suspect the worst. Over the years, the sign got a bad name. Too many companies and organisations have misused the Safety First concept for their own gain.

Most companies have “Our people is our greatest asset” and “Safety First” in their boardrooms, on all the notice boards, “bold print” in communications and on company promotional material. Spending lots of money in promoting, Safety and Safety systems as “Safety is priority in our company”.

But do we really “walk the talk”? Let us look at some of the signs that tell the real story.

Who will win, Production or Maintenance?

Usually the question is, “Is our company a “maintenance driven”, Production company or a “Production driven”, Maintenance company?”

There is always finger pointing between Production and Maintenance on who’s to blame for production interruptions/downtime.

Usually this fight is won by Production, but where does Safety fit into this argument or will Safety only be mentioned if there is an accident, sometimes even resulting from, or during a maintenance or production incident?

“ZERO Tolerance”! Have you seen this sign before? If we subcribe to Zero tolerance, do we then declare, “Our company is a “Safety driven”, Production/Maintenance company”?

Is it really SHEQ or actually just Safety?

What about the “H – Health”, “E – Environment”, “Q – Quality” and another “S – Security”, which is also usually excluded from the SHEQ acronym? Most companies talk “SHEQ” but only do the Safety part.

Is SHEQ only an “after thought” and spoken about or considered if there is a negative impact on the company?

All SHEQ hazards/aspects have the potential to harm our business, people and natural environment, hence require equal consideration and focus.

Do we talk integrated and manage separately?

The initial focus on SHEQ was silo driven as legislation dictated and was managed independently. Now the focus on Safety, Health, Environment, Risk and Quality along with the traditional Operations and Supporting services require an integrated, dedicated and focused approach.

SHEQ should be integrated in the day-to-day activities and managed accordingly.

Our business should be managed as “Partnerships” across functional boundaries:

• Partnership between Production and Maintenance: Production needs Maintenance to ensure available and reliable equipment.
• Partnership between Maintenance and Commercial: Maintenance needs Commercial to ensure contracts are in place with suppliers/service providers to ensure required material/equipment/resources availability.
• Partnership with Human Capital Management (HR) to ensure required availability of skilled and competent personnel.
• Partnership with SHEQ to ensure we operate our business in a sustainable and responsible manner, not harming our business, people and natural environment.

The blame game

We also often question our SHEQ systems: “The system is not working for us; The system is too cumbersome…”. We conveniently forget that the same system we’re now complaining about was implemented due to previous systems, “not working for us…”or being too “cumbersome”.

We’ll rather blame and change systems than taking responsibility to “manage” the system as an integral part of our business processes.
“No system replaces a business process; it merely supports the process.”

Safety first?

SHEQ Systems should be implemented, embedded and managed as an Integrated Management Information System, which reflects your company’s conformance and performance accurately.

Safety First

With management direction, drive and an integrated business process approach, SHEQ will contribute to sustainability, growth in a responsible manner and add value to any company in an ever changing global arena.

We no longer will need to make silo focussed statements like “Safety First”. We will declare, “SHEQ is our company’s drive”.

Article by Harvey Du Pisanie via SheqAfrica.com

LET US MANAGE YOUR HEALTH & SAFETY FOR YOU!

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SHEQ Management

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086 100 7742

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