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DEPARTMENT OF LABOUR OHS INSPECTION SERV.:MBA By: Edward Khambula :06/04/2009

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The legislative framework covering occupational health and safety

Occupational Health and Safety Act (OHSAct)and the Regulations promulgated thereunder including:-

1.General Administrative (GAR) 2.General Safety (GSR) 3.Environmental (ERW) 4. Lead (LR) 5.Asbestos (AR) 6.Hazard Chemical Substances(HCS)7.Hazardous Biological Agents(HBA)8.Facilities(FR)9.Diving(DR)

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Legislative framework (Contd.)

10.Driven Machinery (DMR)11.General Machinery (GMR)12.Electrical Installations (EIR)13.Electrical Machinery (EMR)14.Major Hazardous Installations (MHIR)15.Lift Escalator & Passenger Conveyors (LE&PCR)16.Noise Induced Hearing Loss (NIHLR)17.Vessels Under Pressure(VUPR)18.Construction Regulations(CR) and a variety ofIncorporated Codes & Standards support the Act.

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CAPACITY TO RENDER EFFECTIVE OHS SERVICES

• DOL does not have exclusive inspectorate dedicated to OHS. Inspectors enforce compliance with OHSA and all the other Labour Laws in an integrated manner.

• Inspectors look at the employers holistically in terms of all the applicable labour laws and there are mechanisms built in to refer more complex issues to those who have a specialist knowledge.

• The need to professionalize our inspectorate has been identified during the review processes in order to close the gaps that have been identified and the preparatory work to roll out professionalization of the inspectorate are at an advanced stage

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Overall performance of Inspectors in KZN

• With the average of 128 inspectors spread across the 16 Labour Centres in KZN, during the three quarters of 2008/09 financial year, delivered:-

• 22082 integrated inspections in different workplaces excluding follow ups & investigations

• A total of19285(87%) employers complied within the period of 90 days as a result of the inspectorate’s intervention

• Over and above these inspections the inspectorate had to deal with a total of 12334 complaints of which 7698 were investigated and finalized within 90 days

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Overrall performance (contd.)

• In dealing with the employers who were not complying:

• 2635 written undertakings were secured for BCEA & EEA related issues

• 239 compliance orders were issued

• 230 labour related cases were referred for prosecution

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OHS enforcement

• For OHS related non-compliance the following notices were issued:-

• 2021 Contravention notices • 90 Improvement notices• 162 Prohibition notices where situations posing

imminent danger had to be stopped• 75 Cases recommended for prosecution• 1899 out of 2078 incidents were investigated of

which 1424 were finalized within 90 days.

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BLITZ INSPECTIONS in 2008/09

• The province has conducted :-• 700 blitz inspections in Food and Bev.where 21

improvement notices,126 contravention and 1 prohibition notices were served.

• 354 in Agric & Forestry serving 21 improvement, 84 contravention and 12 prohibition notices

• 707 workplaces in Iron & Steel serving 29 Improvement-,184 contravention- and 6 prohibition notices

• 761 in Construction serving 2 Improvement, 541 contravention and 24 prohibition notices

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CHALLENGES RELATED TO OHS

High turn over of Inspectors with OHS competencies which affects capacity of DOL

Lack of understanding of OHS by key role-players including Health & Safety representatives; prosecuting authorities; trade unions; employers.

Low finesDealing with occupational diseases

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CHALLENGES IN CONSTRUCTION SECTOR

– Failure to notify DOL before commencement of construction work

– Unreported occupational incidents– Compilation of health and safety specifications & plan by

respective clients – Emerging contractors and sub contractors & Labour

brokers– Factoring safety costs into tenders– Constant changes and movements within the construction

site– Delineation of responsibilities between clients, principal

contractor and sub contractors– Capacity of DOL Inspectorate to monitor frequently in the

light of competing priorities and the boom in construction industry

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Key activities of OHS Inspectors

WORKPLACE INSPECTIONS e.g. CONSTRUCTION WORK – Inspector receives notification of construction work or spot

this and confront accordingly– Acknowledge receipt of notification in writing– Open a temporary file for the duration of the contract– Plan inspection– Visit premises on set date and time– Review documentation related to construction/excavation

work– Ask and answer questions– Inspect premises– Speak to employees– Discuss findings and serve notices where necessary

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Incident investigation• SECTION 31 & 32 INVESTIGATION• Report incidents in terms of S 24 & GAR• Do not disturb the scene of serious incident without

permission from an inspector• Inspector will visit the scene and interview relevant people• S/He may confiscate relevant items/documents where

necessary• May conduct necessary tests to establish the cause, in case of

an electrical incident use an appropriate instrument• Take photographs, drawings and sworn statements• Determine contraventions and write an appropriate report to

DPP & CI• Where there were contraventions recommend prosecution • Appear in court to testify for the state

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Complaints

• Inspector receives a call or letter from complainant and complete the necessary form

• Visit premises and investigate the complaint• Discuss complaint with the person involved• Issue appropriate notices and write a report

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Registration of entities

• The ff are approved by DOL via Inspectorate:• First aid training organizations• Audiometrists• Approved Inspection Authorities• Portable gas container testing stations• Commercial diver training centres• Lifting operator training organization• Accredited person : electrical installation

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Registration of entities (contd)• Inspector receives letter from applicant requesting approval • Visit premises and inspect facilities, equipment and

documentation• Verify applicant’s knowledge/competence in specific field• Determine compliance with minimum requirements of the Act,

guidelines, relevant SABS Codes of Practice• Compile report with appropriate recommendations to head

office• Conduct inspections and if not complying with conditions of

approval, send a report to head office requesting withdrawal of approval.

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Granting permission/approval

• Inspector receives letter from user requesting permission or exemption

• Visit & inspect the workplace

• Review the appropriate drawings and manuals of the machine or process

• When granting permission for moving of persons by means of lifting machine, ensure the ff:-

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Permission/Approval(contd.)

• The cradle should be safe for the intended purpose• Applicant must submit a dimensioned drawing

showing the cradle in plan, side and cross-sectional views

• Applicant to indicate the materials used in the construction and the load capacity of the cradle

• Inspector to satisfy him/herself that the cradle is robust and free from patent defects

• The method of attachment between the cradle and the lifting machine of the hoist rope must be such that accidental disconnection cannot take place

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OHS CONSTRUCTION CHECKLIST

• Inspectors use a variety of checklists which depending on the purpose and theme of an inspection

• However the following is a checklist that contains the basic aspects that are normally checked:-

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BASIC PARTICULARS OF EMPLOYER

• Employer: (Principal Contractor)• Registered name of the enterprise:• Trade name of enterprise:• Company Registration No:• SARS Registration No: (PAYE)• UIF Registration No:• COIDA Registration No:• Relevant SETA:• Registered Trade Union:

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BASIC PARTICULARS OF EMPLOYER (cont)

• Total number of employees:• Male:• Female:• People with Disabilities:• Client/Agent:• Contractors:• Site Address:• Contracts Manager:• Managing Director:

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BASIC PARTICULARS OF EMPLOYER (cont)

• Site Phone Number:

• Commencement Date:

• Completion Date:

• Inspection Date:

• Inspector:

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STATUTORY REQUIREMENTS

– Appointment of the principal contractor by client – CR 4(e)

– Appointment of an agent by client – CR 4(5)– Appointment of contractor by the principal contr

– CR 5(b)– Appointment of a construction supervisor – CR

6(1)– Assistant construction supervisor – CR 6(2)– Safety officer – CR 6(6).– Risk assessment – 7(1).– Fall protection –CR 8(1)(a)

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STATUTORY REQUIREMENTS (cont)

– Formwork and support work operations – CR 10(a)

– Excavation work – CR 11(1)– Demolition work – CR 12(1)– Scaffolding work – CR 14(2)– Suspended platform work –CR 15(1)– Performance test –CR 15(8)(c)– Material hoist –CR 17(8)(a)– Batch plants –CR 18(1)

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STATUTORY REQUIREMENTS (cont)

– Explosive powered tools – CR 19(2)(b)– – Construction vehicles and mobile plants –CR

21(1)(g)(j)– Electrical Installation on the construction site –CR

22(e)– Stacking and storage –CR 26(a)– Fire equipment –CR 27(h)– Health and Safety Representative: Ratio. Section

17(1)

• Health and Safety Committees. Section 19(1)

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DOCUMENTS TO BE KEPT

• Notification construction work –CR 3(3)• • Health & Safety file – CR 5(7)• Risk Assessment – CR 7(2) • Proof of health & safety induction training – CR 7(9)

(e).• Record of inspection of excavation –CR 11(3)(h).• Suspended platforms’ performance test records –CR

15(11)• Material hoists record book – CR 17(8)(c)• Batch plant repairs & maintenance records –CR

18(9).

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DOCUMENTS TO BE KEPT (cont)

• Crane operator medical certificate –CR 20(g)• Mobile plant operator medical certificate – CR 21(1)

(d)(ii).• Construction vehicle and mobile plant register –CR

21(1)(j)• Temporary electrical installation record/register – CR

22(d)• Physical & Psychological fitness record (elevated)-

CR 8(2)(b)• • Lifting machinery log (crane) –DMR 18(7)• Copy of the Act –GAR 4.

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DOCUMENTS TO BE KEPT (cont)

• Safety committee minutes – GAR 5.

• Safety Reps reports – GAR 7.

• Record of incidents – GAR 9(1)

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INCIDENTS

• Incidents reported – GAR 8(1) & Section 24.

• Incidents recorded and investigated – GAR 9(1) & (2).

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PUBLIC & SITE

• Perimeter fence & no admittance sign –CR 25 (d)

• Overhead protection netting / falling objects – CR 25(e)

• Changing facilities for each sex – CR 28(1)(c)

• Welfare facilities – CR 28(1) & (2)

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PERSONAL SAFETY EQUIPMENT

• Items required issued –GSR 2(3)

• Any payment made for PPE? Section 23. & GSR 2(2)

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FIRST AID

• Name(s) of first aider / s – GSR 3(6)

• Is first aid certificate valid? – GSR 3(4).

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SAFETY SPECIFICATIONS AND PLANS

• Client’s health & safety specification – CR 4 (1)(a).

• Principal’ s contractors H & S plan – CR 5(1)

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FIRE HAZARD AND PRECAUTIONS

• Flammables used, waste, hot work and diesel – CR 23 & 27.

• Portable fire extinguishers – CR 27(g)

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ELECTRICAL INSTALLATIONS AND MACHINERY

Ascertain the presence of and guard against danger to workers from any electrical cable or apparatus – CR 22(a)

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ILLUMINATION

• Dangerous Places - CR 12(4) (f)

• Clear space storage – CR 26

• Disposal of waste – CR 12(12)

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EXCAVATION

• Barricade – CR 11(3)(i)

• Monitored – CR 11(3) (c)

• Excavation inspection record –CR 11(3)(h)

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FALL PROTECTION

• Safety Equipment and precautions – CR 8(1)

• Fall protection plan – CR 8(2).

• Updated fall protection plan – CR 8(3)

• Floor slab sides, shafts – CR 8(4)(a)

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MACHINERY

• Circulars saws, guards riving knives – DMR 3(3)(a-d).

• Mixers guarded – DMR 2.• Shears, Guillotines and presses – DMR

9(1)• Supply board, condition, E.L. Relay test

–EMR 6(1)• Condition of tools, leads plugs, etc. –

GMR 3(1).

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EXPLOSIVE POWERED TOOLS

• Safe use and storage – CR 19(1).

• Warning notice –CR 19(2)(f)

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SCAFFOLDING/LADDERS

• Comply with code (refer to scaffold checklist).

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ASBESTOS CEMENT/SILICA

• Exposure to asbestos or silica – AR 4

• Information and training – AR 5(1).

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HOUSEKEEPING

• Storage of material & equipment –CR 25(a)

• Loose materials to be used – CR 25 (b).

• Fencing of the construction site – CR 25(d) & (e)

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KZN’s OHS PRIORITIES FOR 2009/10

• Training of Inspectors• Improving quality of OHS inspections and enforcement• Enhancing OHS specialisation• Strengthening stakeholder relations with other social partners/role

players e.g. MBA; AIA’s; ECA; RESF; Health & Safety Reps; Silicosis Working Group, etc.

• Translation of key pamphlets/posters into IsiZulu• Blitz inspections in Construction, Iron & Steel, Agriculture & Forestry;

Food and Beverages with the aim of reducing incidents by 2%; • Intergrated blitz inspections in Hospitality and Private Security• Auditing 15% of the registered lifts and boilers• Auditing all provincially based AIA’s• Finalizing 60% of OHS incidents within 90 days• Monitoring asbestos ,silicosis, noise induced hearing loss, elevators.

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END

• THANK YOU!!