Released by Department of Labour on 14 January 2004
Department of Labour inspectors slapped several KwaZulu-Natal
farms with contravention notices and written undertakings after workers
complained about their employers? non-compliance to the Basic
Conditions of Employment Act (BCEA), Employment Equity Act (EEA) and
Occupational Health and Safety (OHS) Regulations.
Service Delivery Deputy Director-General, Dr Vanguard Mkosana led
a team of inspectors to the Richmond Tea Estates in the Midlands, and
to Vulumlomo, Tamarin, and Nelltop farms in Gingindlovu, on the North
Coast.
Eight contravention notices and two written undertakings were
served on the Richmond Tea Estate employer for failing to comply with
the OHS, BCEA, and EEA.
The contravention notices and written undertakings issued to the
Richmond Tea Estate related to the employer?s failure to appoint Health
and Safety Representatives or a Health and Safety Committee as
specified by the OHS Act.
It was also found that workers were exposed to unacceptable levels
of heat, noise, and dust. The incorrect utilisation of dangerous
chemicals at the Estate was also found to be a health hazard and
workers had not been issued with the necessary personal protective
equipment.
Due to the strain the body is subjected to during night-shift work
medical examinations should have been provided to the workers, but the
employer had failed to make provision for this. Workers were also
forced to work overtime without pay, were not granted the necessary
meal intervals and sick leave was unpaid.
No employment equity records had been captured by this
employer.
Three contravention notices were also served at Gingindlovu?s
Vulumlomo farm as a result of contraventions relating to non-adherence
to safety, administrative, and machinery regulations. Inspectors also
found that the employer did not comply with the required minimum wage
regulations and had made unlawful deductions to workers? wages.
One contravention notice and an undertaking were served at Tamarin
Farm in Gingindlovu for failure to comply with OHS regulations and
minimum wages. Similar notices were issued to the Nelltop Farm in the
same area.
?The Department of Labour is committed to the protection of all
workers including the most vulnerable such as those on farms. These
inspections are part and parcel of that commitment and a clear
indication that we will not tolerate contraventions of labour
legislation, there is no place for employers to hide from us,? said Dr
Mkosana.
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