1 Overall Responsibility Director General: NPT Nhleko PRESENTATION TO LABOUR PORTFOLIO COMMITTEE Report on oversight visit by the Committee to farms 28

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Overall ResponsibilityDirector General: NPT Nhleko

PRESENTATION TO LABOUR PORTFOLIO COMMITTEE

Report on oversight visit by the Committee to farms

28 November 2012

PRESENTATION TO LABOUR PORTFOLIO COMMITTEE

Report on oversight visit by the Committee to farms

28 November 2012

FARMS VISITEDFARMS VISITEDGroup 1

Labour Relations

Contraventions

OHS Contraventions Corrective action

Middelplaas (Keerom),

Citrusdal

Clause 6 (1):

information

concerning pay

Clause 9 (1):

Written particulars

of employment

Clause 17 (2) (a):

Night work

HCSR 11(4)(a)-

Employer to wash contaminated chemical

PPE.

HCSR 3(6) - provide chemical training to

employees.

GSR 2(2) - Employer to provide chemical

PPE free of charge and replace when

necessary.

Provide shower and eye wash facilities

for employees using chemicals.

Employer to provide tractor PTO covers

on machines.

Payslips and contracts

of employment

corrected to reflect all

information.

The employer complied

with the notices issued.

Protective gear were

provided by the

employer.

Covers were restored to ensure a safe operation.

FARM

Labour Relations

Contraventions


Koraanshoogte

Boerdery Farm,

Citrusdal

None

HCSR 11(4)(a)-

Employer to wash contaminated

chemical PPE.

Employer to provide shower and

eye wash facilities to employees

using chemicals.

The notices were complied

with. Employer takes

responsibility for laundry of

Protective gear of Sprayers.

FARM

Labour Relations

Contraventions


Groenvlei Farm,

Citrusdal

None

Chemical Store Management

of the chemicals was satisfactory.

Personal protective clothing is

provided.

Since the structure of the building

where the chemicals are kept are very

old the Department of Labour made a

recommendation that the chemical

store wooden door be replaced with a

steel door.

The 17 workers that were

interviewed receive more than

the minimum wages, payslips,

contracts and the statutory

payments.

FARM

Labour Relations Contraventions OHS Contraventions Corrective

action

Lentelus Boerdery Farm

Citrusdal

The following contraventions were

discovered:

S31 of the BCEA: implementation of

attendance registers

Clause l6 of SD 13: employer to

provide employees with payslips

UIC Act; S10(1)Registration with

Unemployment Insurance

Commissioner.

From an Occupational Health and

Safety perspective this farm has a

relatively small workforce. The

Chemical store together with its

management was compliant.

Personal protective clothing was

issued with proper use of it.

Attendance

registers

implemented.

All employees

issued with

payslips

All employees

registered

with UI

FARM

Labour Relations

Contraventions


Uitnood Farm

McGregor

None HCSR 11(4)(a)-

Employer to wash contaminated

chemical PPE.

HCSR 5(1)-

Risk assessment for chemicals.

FR 9-

Employer to keep shower facilities

hygienic.

Employer

complied with the

SD(farm

workers)during

first inspection.

All the notices were complied with except the Risk Assessment. This must be done in season when the activities are in full operation and this will evaluated in the new season

FARM

Labour Relations

Contraventions


Voordenberg Farm

McGregor

Clause 5 – Hours of work

– payment of overtime

HCSR 11(4)(a)-

Employer to wash

contaminated chemical PPE.

-Employer to provide eye-

wash facilities.

Employer complies with payment for

overtimeNotices are based on physical

walk-through inspection only.

Employer is in the process of selling the

farm.

Only one employee stays on the farm.

The employer has sold the farm as a

going concern. The employer will correct

details on the payslip. The employer has

given a package to the longest serving

employee

OHS notices complied with.

FARM

Labour Relations Contraventions OHS Contraventions Corrective action

Van Loveren Wines and Cellars

Robertson

None Employer was instructed

verbally to have first aid box

accessible.

Employer moved first

aid boxes closer to

employees.

Examples of Job

descriptions

forwarded to

employer.

Group 2

Labour Relations

Contraventions


Uitvlugt Farm,

McGregor

Proof of payment for UI &

Coida to be sent to the

inspector. Attendance register

does not reflect start, lunch,

overtime, and finish times.

With the farm older than 60

years the following was

recommended:

Introduction

of a steel door to strengthen

the fire risk assessment.

Proof of payment was

submitted.

Attendance register was

corrected.

FARM


Sewefontein Farm,

Robertson

Information concerning pay:

clause 6 of SD13

Written particulars of

employment : clause 9 of SD13

UI contribution

paid the day before

the inspection

FARM

Labour Relations

Contraventions

OHS Contraventions Corrective actions

Kariena/Labri Farm

Worcester

Employer to label all distribution

boards in workshop.

Install eye-wash and shower

facilities at chemical store.

Employer to wash all PPE used

for chemicals.

OHS

Employer complied with

notices issued.

First-aid kit was corrected.

Labels were rectified and all PPE-laundry done by employer

FARM

Labour Relations

Contraventions


Goudyn Farm

Rawsonville

None ERW 9(2) - service fire extinguishers.

GSR 3(6) - Provide first aid sign and name of

person in charge of first aid box.

HCSR 11(4)(a)-

Employer to wash contaminated chemical PPE.

Employer to provide eye wash and shower

facilities.

Employer to provide chemical PPE free of charge

and replace when necessary.

Employer to provide suitable breathable masks for

chemicals.

First Aid signage

corrected and

person identified for

first aid box.

Contaminated PPE

laundry done by

employer.

Water and proper

eye wash provided.

PPE provided to

employees free of

charge.

FARM

Labour Relations

Contraventions


Wolwenberg

Farm

Rawsonville

Cl. 6,8,9, - SD 13

BCEA 31,

UIA,

COIDA

Payslips not properly done.

Contracts of employment

outdated.

HCSR 11(4)(a)-

Employer to wash contaminated chemical PPE.

GSR 2(2) - Employer to provide chemical PPE

free of charge and replace when necessary.

ERW 9(2) - service fire extinguishers.

Employer to provide shower and eye wash

facilities for employees using chemicals.

Employer to provide tractor PTO covers on

machines.

Keep separate records for compressors.

Payslips corrected.

Employer provided with correct

examples of employment

contracts

OHS-PPE corrected and

provided. Fire Extinguishers

serviced. Emergency eye wash

provided.

Tractor undergone maintenance service and covers were restored.

FARM

Labour Relations

Contraventions


Wyserdrift Trust Farm,

Goudini

Proof of payment for UI

contributions to be sent to the

inspector.

A deduction for rent and

groceries to be checked by the

inspector as it appears to be

more than 10%.

Environmental Regulations for

Workplaces – Section 6.

Housekeeping- 2 © Every employer

shall keep every indoor workplace

clean, orderly and free of materials,

tools and similar things which are

not necessary for the work done in

such workplace.

Corrections made with regards

to deductions.

The OHS housekeeping

measures were in place.

Chemicals were correctly

organized and hygiene

activities were in place

especially after working

with chemicals.

FARM


Swartwalle Farm,

Worcester

Contracts not signed, family

responsibility leave not stipulated in

contract. Hour rate not reflected on pay

slip.

Gas bottles must be

properly caged or

chained.

Material Safety Data

Sheets not available in the

chemical store room.

Fire extinguishers not

serviced on time.

Contracts of

employment

corrected.

Material Safety

Data Sheets were

obtained and

kept on file.

Gas bottles chained and caged.

FARM


Morgenroodt Farm,

Worcester

Contracts, pay slip and attendance

registers does not comply. Deductions

to be clarified by the inspector.

Chemical Store was

compliant. First Aid

equipment was readily

available. However, after

consultation with the

workers, the OHS unit

will re-visit the farm to

further engage the

employer on issues such

as PPE and the

development of a proper

risk assessment.

Contracts, pay slip

and attendance

registers corrected Deductions was clarified by the inspector.

Group 1

Labour Relations

Contraventions


Farm 1

ST Malo Farm, Wellington

EEA-Section 36(a-e)(h-j)

UI + COIDA registration

clarification

GSR 3(6) - Affix the name of the person

in charge of first aid box.

GSR 2(2) - Provide free of charge PPE

for chemicals.

HCSR 11(4) (a) - Employer to wash


Employer to fix roof fans needing

attention.

Label all distribution boards.

Ensure employees use shower facilities

after spraying chemicals.

Lower all fire extinguishers to a safe

height.

Ventilate crèche and provide emergency

exit.

The employer complies

with Employment

Equity procedural but a

full review is in

process.

Sick leave was

corrected.

All the notices were complied with. However the crèche facility were to be moved to a more appropriate venue with more windows.

FARM

Labour Relations

Contraventions


Welbedacht Farm,

Oakdene Road,

Wellington.

EEA - Section 36(a-e)(h-j)

SD 13-Cl. 2

UI Contr. Act Section 5.

COIDA- Section 86/87.

BCEA-Section 31.

GSR (10(c) - construct bund wall

around diesel tank.

HCSR 11(4) (a) - Employer to wash


Employment equity

reports and plan

submitted.

UI and COIDA

contributions was

paid over to the fund.

OHS notices

complied with where

the employer

performs the PPE

laundry activities.

FARM

Labour Relations

Contraventions


Driefontein Farm

Malanstasie Road,

Wellington

SD 13 – Cl 2/6

EEA –Section 36(a-e)(h-j)

GSR 2(2) - Provide free of charge

PPE for chemicals.

EIR 7(1) – provide a valid certificate

of compliance for houses and

workshop.

HCSR 3(6) - provide chemical

training to employees.

HSCR 7(2) (a) - Employees using

chemicals to undergo immediate

health evaluation.

Employees to wash chemical

clothing of employees.

Label all distribution boards.

Cover all loose wires at steam

cleaner.

Salaries was

corrected.

Payslips now being

issued to workers

Electrical wiring and

distribution labeling

were corrected.

Employer performs the PPE laund

FARM

Labour Relations

Contraventions


Welgemoed Farm,

Wellington

Profile:


clause 6 of SD13


employment : clause 9 of SD13

Section 8 - Development of a Risk

Assessment.

Section 17

Establishment / appointment of Health

and Safety Representatives and

committees.

Payslips and

attendance register

was corrected

New updated

contracts was issued

to the employer

Employer complies

with UI and COIDA

The farm is to be re-

evaluated again in the

production season to

evaluate the Risk

assessment.

FARM Labour Relations

Contraventions


DELAFONTEIN FARM


clause 6 of SD13


employment: clause 9 of SD13

Section 8 – Development of a Risk

Assessment.

HCSR 3(6) - provide chemical training

to employees.

HSCR 7(2) (a) - Employees using

chemicals to undergo immediate health

evaluation.

Employees to wash chemical clothing

of employees.

LR

Employer complies.

The establishment

were to be re-

evaluated with

regards to the Risk

Assessment.

RECOMMENDATIONS(1)RECOMMENDATIONS(1)Through training and skills

advancement, the Department of Labour

should strengthen its occupational health and safety inspections to

conduct comprehensive inspections on the farms

RESPONSE.RESPONSE.The training and skills development of our

inspectorate is a continuous process and over the year a number of initiatives have been put in place in order to address this. Amongst these initiatives for the current financial year include:

Training to be conducted to improve the investigative ability of Occupational Health and Safety inspectors

Developing a Learnership programme that would seek to bring all inspectors who are not already at that level at least up to NQF level 5. This would take cognizance of recognition of prior learning; and

Training on legal interpretation facilitated by the Justice College.

RECOMMENDATIONS(2)RECOMMENDATIONS(2)Economic sectors vary and are faced with numerously different challenges that require precise interventions. Similarly, when conducting inspections, it is important that inspectors understand challenges of these sectors and are equipped to deal with them in order to improve the quality of inspections. Therefore, the department should speed up the specialisation dispensation of the Inspection and Enforcement Services (IES), especially in the vulnerable sectors such as agriculture, domestic, etc.

RESPONSE.RESPONSE.The Department is in the process

of finalising Job descriptions in each specilisation category, including specializing in Agriculture, Domestic and Security sector as the demands on compliance differ per sector.

OHS will also be categorised according to areas of speciality ie,Construction,Engineering etc.

RECOMMENDATIONS(3)RECOMMENDATIONS(3)The department should focus on

quality inspections, which focus on

a holistic assessment of the working environment as opposed to

inspections which focus on administrative compliance.

RESPONSERESPONSEInspections are conducted in a holistic

approach and therefore the inspectorate has moved away from only following a checklist ticking exercise to consider all areas of non compliance. With respect to issues of non compliance that fall outside the remit of the inspector, the provincial offices across the country has working relationships with all relevant government department and agencies so that these matters are reported through these structures.

RECOMMENDATIONS(4)RECOMMENDATIONS(4)

Having noted complaints from farm workers about the conduct of the Department of Labour’s inspectors, the committee therefore recommends that the Department of Labour should urgently:Address the code of conduct of inspectors when conducting inspections.

RESPONSERESPONSEA code of conduct for Labour

Inspectorate was developed and communicated through Roadshows.

Norms and standards have been developed on how inspections are to be conducted. The implementation thereof is a process that is continuously being assessed by the provincial offices and the relevant business unit managers.

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PROGRESS WITH INSPECTORATE PROGRESS WITH INSPECTORATE SPECIALISATION SPECIALISATION

.

Over the years the Inspectorate experienced a high turnover resulting in the loss of requisite skills and competencies. In our approach to inspection we adopted a generalist approach to all aspects of our work. The end result of this approach was a general decline in the enforcement capabilities.

New sectoral determinations introduced added to the increase in the scope of work for workers. As a response to this, the re-orientation of the inspectorate became necessary. To improve the enforcement capabilities through implementation of specialization competency based training.

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Background Background

.

Treasury allocation of R28m (2012) and R32m (2013). Ministerial approval was obtained to create posts based on the allocation letter from Treasury (add numbers of inspectors).

A subsequent meeting with Treasury on the progress of the implementation resulted in the revision of the allocation letter giving us the green light to implement specialization (with no change in amounts). Progress is being made to fill the establishment with the new posts.

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SPECIALIZATION MODEL (RationaleSPECIALIZATION MODEL (Rationale))

.•Serves as a departure from the current practice where one inspector has to do everything•Provides for specialization and career pathing for an inspector•Provides for better monitoring and enforcement of the labour laws•Will enable the inspectorate to measure the impact of legislation in the areas of specialisation•A detailed submission is being routed to the Minister for the creation of these post

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Proposed Model Proposed Model

.

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Progress to dateProgress to date

.RECRUITMENT OF INSPECTORS•A detailed submission has being routed to the Minister for the creation of these post•consultation with unions at the Departmental Bargaining Chamber is underway

CAPACITY BUILDING•Survey has been done and Provinces have supplied names of people to be trained.•150 inspectors will be trained on the Learnership•20 Inspectors will be go through the RPL process

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Progress to date…Progress to date…

.Wits Training Program:

•Training will commence in the new financial year.•The procurement process has commenced and the sole providers status of Wits is being verified.•PC will be kept updated with progress with regards to implementation.

ENDEND

Documents

1 Overall Responsibility Director General: NPT Nhleko PRESENTATION TO LABOUR PORTFOLIO COMMITTEE Report on oversight visit by the Committee to farms 28