Speech by the Deputy Minister Jomo Sibiya at the Occupational Health and Safety Conference: Construction
14 October 2024

  • Programme Director
  • Acting Director General
  • Inspector General
  • National Chief Inspector
  • Registrar of the South African Council for the Project and Construction Management Professions (SACPCMP)
  • Chief Directors Provincial Operations
  • Provincial Chief Inspectors
  • Representatives of Organised Business
  • Representatives of Organised Labour
  • Officials of the Department of Employment Labour
  • Independent consultants
  • Ladies and Gentlemen

     

     

    Programme Director, I am both grateful and privileged to be addressing a gathering of health champions and professionals this morning. The 30 years of celebration of the dawn of democracy will remain an acute reminder of the ideals of government to galvanize our nation towards joining hands to create a South Africa that we all should be proud of. One of the ground-breaking achievements is the development and adoption of the Constitution of the Republic in 1996. Effectively, the Constitution is both the blueprint and flagship of our legal framework.   Section 24(a) states that everyone has the right to an environment that is not harmful to their health or wellbeing. Furthermore, chapter ten of the National Development Plan 2030 is dedicated to the health aspirations of the nation. Yet again, underscoring the importance of health, and of course, safety. The seventh administration agreed on a Statement of Intent which would be actualised through three Strategic Priorities. The second Strategic Priority states as follows:

    “Reduction of Poverty and tackling of the high cost of living"

    Programme Director, I would like us to pause and think about this priority. I put it to us that every workplace incident and/or injury, has a greater chance of contributing to sustained poverty levels. Victims of occupational health and safety hazards, add a burden to the health and safety systems of the Republic. Resultantly, they are most likely to be temporally or permanently laid off. More often than not, this affects their livelihood and may render them poorer. Health and Safety are commodities that cannot be traded for anything in this world.

    Programme Director, it is incumbent on us to ponder on the theme of this conference: 'Enhancing Construction Health and Safety'.  The theme is derived from the main objective of the 2014 Construction Regulation, which is to ensure that all stakeholders in the construction industry are responsible for construction health and safety.

     

    Occupational Health and Safety was first legislated in 1941 through the Factories Machinery and Building Works Act22, this was before the Machinery and Occupational Safety(MOS) Act 6 of 1983 commonly known as the MOSA and the current Occupational Health and Safety Act 85 OF 1993, of significance is that as early as in 1941, the words “Building Work" were used in the title of the Factories Machinery and Building Works Act 22. This was because building or construction work was viewed as inherently of high risk and as such required special attention. I must say, even today, Construction remains one of the High-Risk Sectors. Honestly, this is something we can ill afford.

     

    The Department of Employment Labour promulgated the first Construction Regulations in 2003. This was after it was realised that the General Safety Regulations and other provisions of the legislation were inadequate to address some of the health and safety challenges that were being experienced in the construction industry. The Construction Industry continues to evolve due to the following new developments:
  • Technologic advancement;
  • Methods of construction;
  • Novel designs;
  • And high demand in terms of infrastructure development

    The questions are: 'Do we have sound health and safety systems in construction sector? Are these systems in keeping with the evolution in the construction industry? We should conscientiously pursue methods that match the advancements in the sector.

    According to Albert Einstein: “we can't solve problems by using the same kind of thinking we used when we created them"

     

    Programme Director; according Statistics South Africa, in the third quarter of 2023, approximately 347,000 South Africans residing in the Gauteng Province were working in the construction industry, marking a year-on-year change of 14,000 people employed therein. The regions of the Western Cape and KwaZulu-Natal also revealed high numbers of people employed within the industry, at 253,000 and 241,000, respectively. Daily, there are approximately 7 500 construction sites operating nationally, this figure excludes an estimate of about 5 000 informal construction sites. Approximately 12 500 construction sites are in operation on daily basis in our country. It would be foolhardy to burden the inspectors and safety professionals as the sole persons entrusted with the health and safety in the construction sector. Clearly, to emerge victorious against the scourge of health and safety, everyone must play their role.

    Programme director, we can't throw our hands in the air, nor can we bury our heads in the sand, we have to roll our sleeves and fight relentlessly against the demon of noncompliance in the construction sector. At least 1.5 to 2 fatalities occur on a weekly basis in Construction Sector. Our statistics also confirm that the construction industry features amongst the top 4 high-risk sectors in the country. The compensation competencies have paid out no less that R500 million in compensation of injuries and diseases in the construction industry alone in the previous financial year.  Clearly, failure to manage health and safety has an adverse effect on the economic growth of our country. The funds that are utilised for compensation of injuries and diseases could be directed towards poverty reduction. Our understanding is that more than 70% of incidents dealt with could have been prevented

    Programme Director, the ramifications of even one loss of life in workplaces have far reaching ramifications, affecting even future generations. Just spare a thought to a young person who may grow up without a parent due to occupational fatalities. Their lives will never be the same.  

     Labour is prior to, and independent of, Capital. Capital is only a fruit of Labour and could never have existed if labour had not first existed. Labour is the superior of Capital and deserves much the higher consideration" these are the word of Abraham Lincoln in 1861 when he was addressing congress.

    The importance health and safety of workers, in particular at the ground level, cannot be overemphasised.

    The 2014 Construction regulations makes it mandatory for clients to prioritise health and safety matters at the design and tender stages of a project and through the lifespan thereof.  Prioritising health and safety must never be an afterthought. It is a travesty of justice to relegate that responsibility to lower levels.  If a client does not have the necessary competence to carry out their obligations, they need to enlist the services of a competent person in the form of a Construction Health and Safety Agent.

    Our partnership with the SACPCMP is starting to bear fruits, albeit at a slower pace, especially in the beginning process of registration.  There are more than 20 000 individuals that are already registered in the 3 categories of registration in this regard, namely:
  • Construction Health and Safety Agent (Pr CHSA)
  • Construction Health and Safety Manager (CHSM)
  • Construction Health and Safety Officer (CHSO)

The above registration has improved health and safety on construction sites.

Programme Director, every bit of intervention is invaluable. We are in the business of saving lives. 

We have every intention to adapt our strategies from an inspection point of view. We shall intensify our inspections at a client level to ensure that all of their obligations in terms of the law are met. Legally speaking, we are enabled to hold clients to standards that are pronounced in the Construction Regulations 2014  

Programme director, The Construction Regulations requires that before the contract is put out to tender, the designer must make available in a report to the client the following:

  • all relevant health and safety information about the design of the relevant structure that may affect the pricing of the construction work;
  • the geotechnical-science aspects, where appropriate; and
  • the loading that the structure is designed to withstand;

    furthermore, the designer must also inform the client in writing of any known or anticipated dangers or hazards relating to the construction work. During investigation following a structural collapse, we often do not get such information.

    The International Labour Organisation's Construction health and Safety manuals urge those concerned with the design and planning of a construction project to undergo training in safety and health. Furthermore, such training should integrate the safety and health of the construction workers into the design and planning process in accordance with national laws, regulations and practice.

    Programme director, we cannot afford to cut corners where health and safety is concerned.

    Ours is a Department that will continue to put a premium on valuable partnerships. The train towards compliance always accepts additional passengers. DEL does not have an abundance of resources. We remain indebted to stakeholders who share our values.

    The matter of creating a conducive environment that would contribute to economic growth is something our department is preoccupied with; however, compliance should be everyone's business.

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    The Department will continue to oscillate between proactive and reactive inspections with proactive measures taking more precedence. To demonstrate our commitment to promoting zero incidence, we have introduced the Construction Work Permit as a prerequisite. It must be understood that the main purpose of the Construction Work Permit is to ensure that all health and Safety aspects are taken into consideration before commencement of works and also to enable the Department to deploy its resources optimally to ensure better service.

    As a matter of keeping up with the ever-evolving world of work, we are in the process of reviewing the construction regulations of 2014. The draft construction regulations were approved by the Advisory Committee for Occupational Health and Safety in August 2024 and are in the process of being published for public comment. Proposed changes include the introduction of electronic health and safety files, more statutory appointments of competent persons and a system to ensure that technical requirement integrate with a health and safety requirements during construction work.

     

     

    Programme Director, our vision as the Department of Employment and Labour for the Construction Health and Safety Industry is to ensure that all stakeholders in the construction industry play their role, this range from Clients, Construction Health and Safety professionals, Contractors, Designers and Engineers to everyone involved in the construction work.

    Interaction between the Department and all its stakeholders are absolutely necessary to ensure that we avoid the incidents like the George structure collapse, which resulted in a fatality of 34 workers. A number of stakeholders were drawn into this incident. Some lessons have been learned thus far. Investigations are still underway. The likelihood is that we are going to learn more valuable lessons. We can't afford to have another similar incident. 

    Over the next three days, we will continue to shine the spotlight on health and safety, particularly in the construction sector. I implore you to engage in fruitful dialogue.

     

    Let me also take this opportunity to thank Organised Labour, Organised Business, Health and Safety practitioners, Clients in the construction Industry, Construction Workers and last but not least The Department of Employment and Labour's Inspectorate for your commitment to deal with challenges in this sector. As a department, we value partnerships. As stated in an African Proverb: “if you want to go quickly, go alone. If you want to go far, go together"

     

    I thank you.

     

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