Deputy Minister of the Department of Employment Labour: Hon. Jomo Sibiya

Acting Director General: Mr. Viwe Mlenzana

Inspector General: Ms. Aggy Moiloa

Registrar of the South African Council for the Project and Construction Management Professions (SACPCMP)

Representatives of Organised Business

Representatives of Organised Labour

ALL OHS Inspectors and officials of the Department of Employment Labour

Invited guests

Ladies and Gentlemen

Good morning!

Today, as we gather on this second day of the Occupational Health and Safety Conference under the theme of 'ENHANCING CONSTRUCTION HEALTH AND SAFETY'' it is important to reflect on the strategic socio-economic importance of this sector which encompass manufacturing and trade related to building, repairing, renovations and maintenance of infrastructure.  

The National Infrastructure Plan (NIP) announced by government in 2022 envisages an injection of up to more than R2 trillion into infrastructure development over the next few decades. On the occasion of the opening of the 7^th Parliament in July 2024, His Excellency, the Hon. President Ramaphosa elaborated on the need to forge a new inclusive growth path for South Africa through the pursuance of a massive investment in infrastructure. While on this matter this is what he said about the construction sector, I quote “…from our largest metros to our deepest rural areas, we have a clear intention to turn our country into a construction site, as roads, bridges, houses, schools, hospitals, and clinics are built, as broadband fibre is laid and as new power lines are installed" close quote!

It is clear that, this sector provides the backbone of economic development whose activities support national, regional and local economic development.  These range from a variety of low to high capital intensive activities that address infrastructure gaps and resulting to among others to;

1. Economic growth and job creation
2. Improved quality of life and social outcomes
3. Enhanced competitiveness and business attractiveness
4. Increased foreign direct investment
5. Environmental sustainability and protection
6. Social inclusion and poverty reduction
7. Improved public health and safety;  lastly to
8. Increased government revenue
   
    
   
   South Africa's construction industry despite near-term challenges is expected to grow steadily with a projected Compound Annual Growth Rate (CAGR) of 2% during 20024-2028 with the country's construction output expected to reach R190.6 billion by 2028.
   
    
   
   Ladies and gentlemen,
   
    
   
   Despite the sector importance already outlined, construction is among the top 3 with the highest rate of work-related injury risk profiles due to the unceasingly intense trend of high accidents and incidents- we have no option but to shine the spotlight on this sector. Health hazards in construction include:

1. Ergonomic stresses such as bending, repetitive movement and vibration;
2. Environmental stresses caused either by heat, sun, noise, poor illumination,  wet or damp work;
3. Skin and respiratory exposure to chemicals and dust, as well as
4. Mental related stress among managers, supervisors, and workers.
   
    
   
   These hazards can cause occupational and work-related diseases, which are defined as diseases caused by exposure to occupational hazards encountered in the course of work carried out under a contract of employment.
   
    
   
   According to the International Labour Organization (ILO) it is estimated that 60 000 fatalities occur at construction sites every year, globally. Even with these established exposures for occupational injuries and diseases in the construction industry, there is a lack or obscurity of data and data sources for occupational diseases in particular, and thus lack of epidemiological data of occupational diseases in the construction sector. We envisage that the DEL can contribute massively in closing some of the data gaps by making available on a frequent basis the inspections data.
   
    
   
   In South Africa, occupational and environmental health and safety (OEHS) for the construction industry is regulated in the main by the Department of Labour, through the Occupational Health and Safety Act, no. 85 of 1993 (OHS Act) and associated regulations. The OHS Act places obligations on employers (including agents and contractors) to ensure the health and safety of employees; these include baseline risk assessment before any site works and the notification of construction work to the Department of Employment and Labour.
   
    
   
   Overview of South African Construction Health and Safety Laws
   
    
   
   South Africa has robust laws and regulations in place to ensure the safety and health of workers on construction sites. The primary legal framework includes the Occupational Health and Safety Act (“OHSA") and regulations under the Construction Regulations.
   
    
   
   Key Health and Safety Regulations in Construction

1. Risk Assessment and Management: Construction sites must conduct regular risk assessments and implement measures to mitigate identified hazards.
2. Appointment of Health and Safety Officers: Larger construction sites are required to appoint qualified health and safety officers to oversee compliance with safety regulations.
3. Employee Training: Workers must receive appropriate training on health and safety practices, including the use of personal protective equipment (PPE).
4. Provision of PPE: Employers are obligated to provide necessary PPE to all workers at no cost.
5. Emergency Preparedness: Construction sites must have emergency procedures and equipment in place, including first aid kits and trained personnel.
6. Reporting of Incidents: All health and safety incidents must be promptly reported and documented, as stipulated by OHSA.
   
    
   
    
   
   Implementing Safety Practices on Construction Sites

• Creating a Safety Culture: Establishing a culture of safety is crucial, where every employee is aware of their role in maintaining a safe work environment.
• Regular Safety Audits and Inspections: Conducting regular audits and inspections ensures ongoing compliance and identifies potential areas of improvement.
• Engagement of All Stakeholders: Involving everyone, from top management to site workers, in safety discussions and training is essential for effective implementation.
  
   
  
  The Importance of Compliance

• Legal Compliance: Non-compliance with health and safety regulations can result in legal penalties, including fines and imprisonment.
• Worker Safety and Wellbeing: Adherence to regulations is vital for protecting the physical and mental wellbeing of construction workers.
• Project Reputation and Success: Projects that prioritize health and safety are more likely to be successful and have a positive reputation in the industry.
  
   
  
  The understanding and compliance with health and safety regulations is crucial for anyone involved in South Africa's construction sector. It ensures not only the legal compliance of construction projects but also the safety and wellbeing of every individual on-site. I urge all those that are involved in the construction industry in South Africa to prioritize the health and safety of workers and to stay informed and compliant with all relevant regulations.
  
   
  
  Ladies and gentlemen, having said all this, it can be argued that legislation without a strong arm of enforcement and compliance of the health and safety regulations for this sector would be meaningless. It is for this reason that, since my assumption of office as Minister of the Department of Employment and Labour, I have made it my business that the workforce of the country should benefit from the noble intentions of all Employment Laws in general and the Occupational Health and Safety Act in particular. In this regard we cognise the need to strengthen our approach to inspection and enforcement. I have already announced the reinforcement of our inspectorate with additional 2000 inspectors in the next MTDP period.

There is a need for this sector to have proper identification measures of Health and Safety Hazards in order to properly plan and mitigate against such occurrences. I believe that the theme of this conference resonates with the need for continuous improvement of compliance for this sector and such improvement will be realised through the formation of strong partnerships bringing stakeholders together to ensure improvement in the space of Occupational Health and Safety (OHS).

The attainment of workplaces that are free of OHS hazards; is one of the most critical elements of Decent Work. To attain the National Developmental Plan Agenda: 2030; viz: “Decent Employment through Inclusive Economic Growth." We need to be systematic in our approach to deal with workplace incidents. We need to be dedicated to continuous improvement to reduce and prevent injuries and diseases.

Section 24 of the South African Constitution states that: “Everyone has the right to an environment that is not harmful to their health or wellbeing". It further asserts that the state must take reasonable legislative and other measures, within its available resources to ensure that this Right is achieved. The OHS Act 85 of 1993 and its regulations does respond to the above stated right.

The OHS inspectors play a crucial role in ensuring that workplaces are safe and healthy for workers. Employers are expected to ascertain that their workforce is protected against potential workplace hazards. Employees themselves are a critical role player in contributing to the implementation of mitigating strategies against workplace health and safety hazards.

The OHS inspectorate has intensified efforts to ensure adherence to employment laws across all nine provinces through inspections.

In 2023/2024 financial year a total of 106 390 workplaces inspections were conducted in OHS. Of which, 69 917 (66%) employers of those inspected were classified as compliant and 36 473 (34%) employers were found non-compliant.

The non-compliance rate of 34% is significant, taking into consideration that worker's health and safety are at risk. Essentially, this puts the lives of workers in danger.

The 36 473 non-compliant employers were all issued with notices and this constitutes 100%.

During the month of May 2024, we experienced the George and Balitto tragedies. In both instances, workers lost their lives on those construction sites. During the same month, the OHS inspectorate conducted national high impact blitz inspections in the construction sector to demonstrate our commitment towards upholding of OHS standards, nationwide.

During that period, KwaZulu Natal conducted the highest number of inspections, totalling 333. Gauteng followed with 182 inspections, and NC with 76. Inspections were also carried out in Free State (65), Mpumalanga (62), Limpopo (56) the Eastern Cape (32). In total, 803 high impact blitz inspections were conducted nationally in the Construction Sector. Furthermore, these were coordinated joint inspections that involved the Department of Home Affairs and South African Police Services.

Our dedicated inspectors have been meticulously verifying compliance with the OHS Act and its regulations with a key focus on compliance within the construction regulations.

Through the DEL inspections, it has come to light that common areas of non-compliance include:

• No risk assessment undertaken by companies
• Baseline Risk assessment confused with task-based risk assessment or vice versa
• No personal protective equipment
• No shoring and bracing - excavations
• No electrical certificate of compliance
• No medical fitness certificates
• No Annexure 1 – General safety regulation 9(1)
  
  Risk assessment is the foundation of any health and safety management system to prevent incidents and injuries. Employers, clients, contactors and everybody in the OHS value chain needs to do better. My department will continue to enforce compliance to compel workplaces to rectify these violations and honour their obligations to their employees.
  
  I cannot emphasise enough the fact that government remains invested in everyone's wellbeing in terms of health and safety. In a gathering like this, it is imperative that we emphasise on our ability to provide policy direction and guidance with regards to the regulation of Occupational health and safety and I hope that the purpose of our engagements at this conference is to share information, knowledge and expertise, in order to equip all stakeholders including the inspectorate and to make them more able and adaptable to the environment in which they work in.
  
   The OHSA legislation is undergoing reform and will be promulgated under the 7^th administration. I trust that you have taken advantage of contributing in the review when it went out for public comment. I have been informed that the Construction regulations have been processed by the Advisory Council of Health and Safety (ACOHS). This council has a duty to advise me and I will consider the inputs from the council in order to promulgate the regulations for public comment once these reach my office.
  
   

My Department approaches enforcement with a balance of firmness and fairness. Employers found to be in violation of the OHSA are, issued with various notices with clear deadlines for corrective action. Compliance is a collective responsibility that benefits us all. We extend an open invitation to all employers, especially those who may be uncertain about their compliance status, to proactively engage with the Department of Employment and Labour. We offer support through:

Advocacy: Providing information and resources to understand legal obligations.

Inspection: Assessing compliance levels and offering guidance on necessary improvements.

Enforcement: Taking appropriate action to rectify non-compliance when necessary.

The choice to collaborate, means that employers can avoid the repercussions of enforcement actions and contribute positively to a fair labour market.

In closing, I urge all stakeholders—businesses, labour unions, academia, professional bodies and fellow citizens—to join us in this vital endeavour. Let us work collaboratively to create a labour market characterised by fairness, safety, and mutual respect. A labour market that we can all be proud of. One of the priorities of my department during my tenure is to build collaborative Public Private Partnerships. I am aware this sector has a shortage of skilled workers, including artisans, engineers, and project managers, which limits productivity and innovation in the sector. The lack of practical training and inadequate access to upskilling opportunities prevent the industry from building a qualified workforce. My department will continue to stress the need for industry-driven training programs and partnerships between educational institutions and construction companies. Without this, job growth is inhibited, as businesses are unable to fill necessary roles.

I deliberately took time to unpack the work of the OHS inspectorate. This is in line with the Yazini Project – effectively meaning: “Get to Know your Ministry." Which we have embarked on as the Department!

Together we can do more and all we need to is collaboration and partnership and I do commit that my department is at your service!

I thank you for your attention!​