The Occupational Health and Safety (OHS) amendment bill was at the ‘tail end’ of conclusion and South Africa was on the verge of having a new OHS Act soon, so said the Department’s Inspection and Enforcement (IES) Deputy Director: Specialist for Construction, Hilton Ganesen.

The notice to amend OHS was published in May 2021. In summary, the Bill sought to amend the Act of 1993 so as to delete, substitute, and insert certain definitions; to effect certain technical corrections; to make further provisions in respect of the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery; to further regulate the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work; to further regulate the composition of an advisory council for Occupational Health and Safety and to provide for matters connected therewith.

Ganesen said a lot has been happening in the construction legislative framework in the past year such as the publishing of Hazardous Biological Agents Regulations, amendments to Asbestos Regulations, the issuing of codes of practice on SARS-COV-2, issuing of schedule of fees, publication of notice on occupational exposure limits, the code of practice for electrical machinery in hazardous locations, publishing of the draft Noise Induced Hearing Loss Regulations and draft Physical Agents Regulations among others.  

He was addressing a two-day Construction Seminar at Mount Edgecombe Conference Centre in Durban. The theme of the seminar is: “Construction Health and Safety” – and it continues until tomorrow, 27 October 2023.  

According to Ganesen more is about to change in the construction industry. He said the Department was reviewing the general machinery regulations; regulations concerning the certificate of competency; explosive regulations/radio frequency; and construction regulations.

He advised stakeholders in attendance to register with construction industry relevant bodies.

In the past financial year 2022/23 the Department’s IES conducted 109 464 construction sector inspections, and there was a 35 percent non-compliance rate, he said.  

The question what happens to non-compliance, he asked. He said the Department issues notice of compliance, recommends prosecutions and gives time frames for compliance. He said in case of non-compliance the matter is referred to the Statutory and Advocacy unit for prosecution.

Ganesen said as a member of the International Labour Organization South Africa was preoccupied with reducing hazardous incidents  in the construction industry. He reiterated ILO’s guide in reducing incidents in the country by increasing the use of technology, putting in place good systems and promoting safety culture.

South Africa as a member of ILO abides by its International labour standards (conventions and recommendations) and the other instruments on occupational safety and health (codes of practice and guidelines) that  aim at ensuring and promoting a safe and healthy working environment.

Department of Employment and Labour Chief Inspector, Milly Ruiters told the seminar on the importance of forming strategic partnerships to ensure health and safety. Ruiters said the key pillars of the Department’s strategy were focused on coherent and effective legislation as well as policy, advocacy/educational session, inspections, putting in place OHS risk management systems.

“We are here to help build capacity. We do not want to go on site and punish. We want to provide information. It is important that when we do inspections you comply. If you do not comply we will enforce.

“If we prepare and prevent injuries and diseases we do not have to repair,” Ruiters said. She appealed to the industry that when the Department publishes regulations and guidelines for comment they should participate.

For media inquiries, kindly contact:

Teboho Thejane

Departmental Spokesperson

082 697 0694/ Teboho.Thejane@labour.gov.za 

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Issued by: Department of Employment and Labour​

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