School safety questions raised in parliament

Questions about school safety inspections and enforcement were raised in the SA parliament following a number of injuries and fatalities.

School safety incidents include a pit toilet fatality, a water tank collapse injury, a lawnmower injury, removal of asbestos by non-registered contractors, defective electrical wiring, and lack of health and safety committees.

MP Mrs AT Lovemore (DA) asked the Minister of Labour whether her department actively enforces the Occupational Health and Safety Act and regulations in schools, including inspections and actions taken.

The minister of Labour, Mildred Oliphant, replied that “a great deal of preventative work is being done in provinces with the removal of asbestos during renovation of schools. This is done in the planning stages of the renovation process so that the asbestos removal exercise is done under controlled circumstances and by a registered asbestos remover.”

Major incidents and inspection findings at schools related to;
• Electrical certificate of compliance (including one electrocution fatality)
• First Aid Box
• Housekeeping
• Servicing of fire-fighting equipment
• Asbestos removed by a non-authorized person (not AIA)
• Absence of Health and Safety committee and competent First Aider
• Inadequate suitable firefighting equipment.

The Department of Labour responded by way of;
• Asbestos removal work stopped
• Compliance Orders (125)
• Contravention Notices (72)
• Improvement Notices (12)
• Prohibition Notices (17)

Most of these inspections were in KZN (183) and Gauteng (31), only 12 in North West, one in the Eastern Cape and one in the Western Cape.

The Limpopo Department of Education did not inform the DOL of the death of pupil Michael Komape after he fell into a pit toilet.

The Mpumalanga Department of Education did not report the injury of pupil of Mjembeni Primary School in Nkomazi last year, caused by a water tank falling on him. However the Department of Labour is investigating.

A number of investigations continue at schools where injuries or fatalities occurred, including Laerskool Kwaggasrand and Botlhehadi Primary School. A child was run over by a lawnmower at Dikgabane Primary School.

Revamping Work at a primary School in Athlone was stopped when an inspector of the Department of Labour issued a prohibition notice. The revamping work includes inter alia the removal of asbestos. All work relating to the removal of asbestos has been stopped.

The primary reason is that he contractor is not registered as an asbestos remover by the Department. The department awaits the contractor’s response and proof of appointment, or will take the matter further.

Schools playground safety checklist
Surfacing Under and Around Equipment;
Protective surfacing is a soft surface that helps to cushion falls.
Grass and soil are not protective surfaces.
Loose fill surfacing (e.g., pea gravel, sand, rubber crumb) OR rubber surfacing is used under and around all pieces of equipment.

If loose-fill surfacing is used, it is at least 25cm deep. There is one exception to this rule: if rubber crumb is used, it is at least 5 in (15.2 cm) deep.

Equipment that does not move, like a slide, is surrounded by protective surfacing at least 6 ft (1.8 m) in all directions.
Swings require protective surfacing that is twice the height of the swing beam in the front and back.

As a parent or caregiver, you can use these tips to help promote playground safety:

Actively supervise, stay nearby, pay close attention, and anticipate risks.
Encourage children to use playground equipment that fits their age and stage of development. Pre-school age children and elementary school-age children need different types of equipment.

Ensure that kids are dressed for safe play – with footwear, and without helmets, clothes with drawstrings, scarves, or loose hair or clothing.
Teach children to play safely.

Play park area safety; There are no trip hazards in the play area, like tree stumps, rocks, or exposed concrete footings.
There are no dangerous objects in the play area, like litter, broken glass, or needles.

Play park equipment safety; There are no open gaps that could catch loose clothing and lead to strangulation. For example, s-hooks, often used to connect swing seats to chains, should only allow a dime to pass through the gaps.

There are no openings greater than 3.5 in (8.9 cm) and less than 9 in (22.5 cm). Spaces of this size are entrapment hazards because the y allow a child’s body to go through but trap the head, like improperly adjusted guard rails or ladder rungs.
There are no ropes of any kind tied to equipment. Ropes can cause strangulation.

Raised surfaces like platforms and ramps greater than 20 in (50.8 cm) have handrails, barriers, and/or railings to prevent falls.

There are no sharp edges or points on the equipment that could cut or scrape, like sharp bolt ends.
The equipment is in good working order, does not have broken or missing parts, and is well anchored to the ground.


By Edmond Furter via sheqafrica.com

Children in the Workplace - Nuisance or Real Risk?

We encounter children in the workplace because of two reasons – firstly, because the parent of that child has no choice but to take them to their place of work, or when children are actually employed by an organization.

Children Accompanying their Parents to Work

This situation usually arises during December – schools or crèches close early in that month for the holidays, and there are often no holiday care facilities available for those children.

Parents who are unable to take leave during this time may have no alternative but to bring their children to work with them, and employers who are usually unaware of their legal duties to these children may give permission for this to take place.

In terms of the Occupational Health and Safety Act 85 of 1993 (hereinafter referred to as “the Act”), employers have a legal duty in terms of Section 9 to ensure that persons other than those in their employ who may be affected by the activities of the organization, are not exposed to hazards to their health and safety.The Act contains specific regulations which govern this situation, namely the “Health and Safety of Children at Work Regulations”. These regulations prescribe additional duties for employers in respect of their child workers, over and above all of the other health, safety and labour laws which are of general application to all employees.

Therefore, employers will be ultimately responsible for any harm children may suffer on their premises, and children will also need to be put through some form of an induction process and not wander around the premises unaccompanied.

Employers could face fines or even imprisonment should they not comply with the provisions of the Act, so it would be advisable that the legal implications of having child “visitors” at the workplace are carefully considered and implemented before simply allowing this situation to arise.

Child Workers

In terms of the Age of Majority Act, children are now considered adults when they turn eighteen years old, and no longer twenty one as was always the case. Children may seek employment from the age of fifteen, which means that there could be child workers in the workplace between the ages of fifteen and seventeen years old.

The Act contains specific regulations which govern this situation, namely the “Health and Safety of Children at Work Regulations”. These regulations prescribe additional duties for employers in respect of their child workers, over and above all of the other health, safety and labour laws which are of general application to all employees.

The purpose of these regulations is to prohibit or place conditions upon the work that may be required or permitted to be performed by child workers, and which is not prohibited by any other law. A few examples extracted from the aforesaid regulations, are as follows:

• No employer may require any child worker to undertake any work which may attract respiratory hazards which would require the use of respiratory protection equipment;
• No child worker may perform any work at a height of more than two meters from the ground, unless he is supervised by a competent adult employee;
• A child may not lift any object which weighs more than the lesser of 15kgs, or 20% of the child’s body weight;
• Child workers may not be exposed to noise levels in excess of 80dB(A) unless he is provided with the correct hearing protection equipment (the ordinary exposure level for adults in a workplace is 85dB(A)).

Further, these regulations state that when an employer develops a safe work procedure (SWPs) for child workers, he needs to ensure that they are adequately supervised by competent adult employees. In addition to this, SWPs must take adolescent characteristics into account and ensure that only age appropriate tasks are assigned to the child workers.

There are also more stringent express provisions regarding the training of child workers in respect of health and safety related issues.

Children in the Workplace

As indicated above, employers can face serious penalties for failure to comply with any of these regulations. It is therefore a fair deduction that children in the workplace – either as visitors or employees – pose serious additional legal risks to employers.

Employers will need to decide whether they are prepared to expose themselves to this possible peril, or whether they should prohibit children from the workplace entirely in order to attempt to manage this risk effectively.

Article by Natalie Graaff via SheqAfrica.com

Cemet Mixer Death

A transit cement mixer death led to a construction industry health and safety alert, including causes and responses, in May 2014.

The subsequent incident investigation found that a tyre fitter was instructed to clean the hopper at the rear of a concrete transit mixer, prior to loading of a trial mix of concrete to be batched, reports Buildsafe SA.

He climbed the ladder to the hopper while the drum was still rotating. He was wearing a standard overall but the sleeves were loose.

His cuff became entangled between the rotating drum and the hopper and he was pulled towards gaps between the steel parts. His forearm was crushed, while his head was crushed between the hopper and the rim. He died at the scene.

Cement Mixer Death Causes

• The assigned worker was not trained or competent in risks of the task.
• There was no supervision by a competent person.
• The worker or the team did not assess the risk, nor isolate the machinery prior to the task.
• The worker wore loose-sleeved clothing near moving machinery.

Corrective Actions

• Risk assessments must be carried out for all work, especially on moving machinery.
• Only trained and competent personnel may work on machinery.
• Work on machinery must be supervised by a competent person.
• Powered machinery must be isolated by lockout prior to cleaning or maintenance.
• Emergency switches must be clearly marked.
• All employees must be made aware of the hazards and risks of working on machinery, including in induction, training, signage, and toolbox talks.

By Edmond Furter via sheqafrica.com

Health & Safety Training is absolutely vital! 

For more details and to book your training, contact us by calling 086 100 7742, emailing skills@srg.co.za or visiting our website.

Pregnancy in the Workplace

Pregnancy in the workplace. Do employers have a duty to protect female employees and their unborn children during pregnancy?

Pregnancy in the Workplace Scenario
Mary works for a company manufacturing hazardous chemicals. Mary works in the manufacturing plant and is exposed to the hazardous chemicals on a daily basis. Mary was recently informed that she and her husband is expecting their first born. Although Mary is excited by the news she is also concerned about the impact the pregnancy can have on her work and more importantly the impact that the exposure to the chemicals can have on the pregnancy.

Pregnancy in the Workplace

The Workplace Pregnancy Question

Are Mary and her child protected by law in terms of her employment and the chemicals she is exposed to during the pregnancy?

The Legal Position in South Africa related to Pregnancy in the Workplace

Several aspects must be addressed in the matter mentioned supra.

The first to be dealt with is that under the Constitution of the Republic of South Africa 108 of 1996.

Section 9: Equality

(3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

(4) No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination.

The second aspect to focus on is that under the Basic Conditions of Employment Act 75 of 1997:

Section 26: “Protection of employees before and after birth of a child

(1) No employer may require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of her child.

(2) During an employee’s pregnancy, and for a period of six months after the birth of her child, her employer must offer her suitable, alternative employment on terms and conditions that are no less favourable than her ordinary terms and conditions of employment, if-

(a) the employee is required to perform night work, as defined in section 17 (1) or her work poses a danger to her health or safety or that of her child; and

(b) it is practicable for the employer to do so”.

The third and last matter is that dealt with under the Occupational Health and Safety Act 85 of 1993.

Section 8 “General duties of employers to their employees – (1) Every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of his employees”.

The Nasciturus Fiction
Although an unborn child is not regarded as a person in South African law it has a right to protection in terms of the nasciturus fiction and nasciturus rule. In terms of this rule a right that would have fallen on a person already born is a right that can also fall on an unborn foetus if it would be to the advantage of such foetus.

A female staff member working with hazardous chemicals which can have a detrimental effect on the foetus must be protected by removing her from such a hazardous environment and provided with alternative work that would not be detrimental to the health or safety of such unborn child.

Pregnancy in the Workplace Policy
A policy should exist that informs female employees to report pregnancy so that a decision could be made after consulting with the occupational medical practitioner and/or gynaecologist at what stage of the pregnancy the employee should be provided alternative employment not having an impact on the pregnancy.

Should something happen to the unborn foetus due to the work the mother performs it would be a matter for the employer to answer on. Something that could fall within the ambit of Health & Safety Legislation or the law of torts.

By: Gerrit Augustyn

Via: www.sheqafrica.co.za