scholarly journals Will COVID-19 Reverse the Gains Made in Occupational Health and Safety in the Mining Sector in South Africa?

2020 ◽  
Author(s):  
Vivian Atud

This paper reviews the possible impact of the Corona Virus (COVID-19) pandemic on the Mining and Mineral Industry (MMI) in South Africa. It examines the possible impact of COVID-19on the industry milestones on Occupational Health and Safety (OHS) agreed at the industry tripartite summit in 2014 which had ambitious targets of reaching zero harm in the industry and minimising occupational diseases by 2024. The paper used secondary data from the department of mineral resources. The analysis showed that (1) the industry has already missed some of the industry milestones towards the 2024 targets such as zero fatalities by 2020 and many other targets in health are also lagging behind. (2). PTB remains the dominant occupational diseases in the mining sector in South Africa constituting about 50% of major occupational diseases in the sector. (3) COVID-19 Positive continue to increase in the sector and it is being seen as a new epicentre for COVID-19 in the country despite the mandatory guidelines for OHS in the sectorin terms of the Mine Health and safety Act (MHSA) published by the Department of Mineral Resources and Energy (DMRE) to respond to COVID-19. There is a need for the industry stakeholders to work together to reduce the impact of COVID-19 on the sector and improve occupational health outcomes towards the 2024 targets.

Obiter ◽  
2021 ◽  
Vol 33 (3) ◽  
Author(s):  
Henk Delport

The Electrical Installation Regulations, 2009, made by the Minister of Labour in terms of section 43 of the Occupational Health and Safety Act 85 of 1993 constitute yet another attempt on the part of the South African authorities to regulate the installation and use of electrical installations in buildings. The Regulations, published in terms of R 242 in Government Gazette 31975 of 6 March 2009,supersede the Electrical Installation Regulations, 1992, made by the Minister of Manpower in terms of section 35 of the Machinery and Occupational Safety Act 6 of 1983. They came into operation on 1 May 2009, with the exception of regulation 5(6) which took effect on 1 April 2010. The 2009 Regulations, like those they replace, impose certain substantive duties on users, lessors and installers of electrical installations. Of particular importance for property owners and lessors is the responsibility for the electrical installation on a property, and the duty to have a valid certificate of compliance in respect of such installation. The old Regulations did not describe these responsibilities and duties in clear terms, resulting in considerable confusion and uncertainty. Disappointingly, the new Regulationsare only marginally better in this regard. The Department of Labour has published explanatory notes on the Regulations, but they do little more than merely citing each regulation and stating that it is selfexplanatory. The Regulations were preceded by a number of drafts which, reportedly, elicited “acrimonious debate”, even the possibility of litigation involving the Electrical Contractors’Association of South Africa and the Department of Labour. However, the main points of dispute were not so much the impact of the Regulations on the sale and lease of immovable property but revolved around issues affecting the electrical contracting industry and its stakeholders. This note focuses on the requirements to be met in terms of the Electrical Installation Regulations, 2009, in relation to the sale and lease of immovable property, residential premises in particular. To place the discussion in perspective it is firstly necessary to examine briefly the objective and scope of the Regulations, having regard to certain key definitions contained in the Occupational Health and Safety Act and the Regulations. Any word or expression to which a meaning has been assigned in the Act has the samemeaning for the purposes of the Regulations.


Author(s):  
CIarence Tshoose

In the Mankayai v Anglogold Ashant Ltd 2011 32 ILJ 545 (CC) the Constitutional Court was called upon to give meaning and content by interpreting the provision of section 35 of Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) and section 100(2) of the Occupational Diseases in Mines and Works Act 78 of 1973. The Court had to determine if the employee common-law right of recourse against his employer in cases where he sustained occupational diseases is extinguished by virtue of section 35(1) of COIDA. The purpose of this case note is twofold: firstly, it analyses the decision of the Constitutional Court in the Mankayi case; secondly, the case note looks at the significance of the Mankayi case for the system of occupational health and safety in South Africa. In conclusion, the contribution explores the need for the introduction of a unified system which will address issues of occupational health and safety in a coordinated and unified manner.


Author(s):  
Thandekile Phulu

In South Africa employees are protected by various pieces of legislation. Section 23 of the Constitution of the Republic of South Africa 1996 provides for a right to fair labour practice. In its preamble the Labour Relations Act 66 of 1995 (hereafter referred to as the LRA) states that the purpose of the Act is to advance economic development, social justice, labour peace and democratisation of the workplace. The LRA also states that one of its objectives is to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution. The Occupational Health and Safety Act as amended by the Occupational Health and Safety Amendment Act 181 of 1993 provides for 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. The LRA provides for dismissal for incapacity and dismissals for misconduct. It also differentiates between the two. The LRA provides for both substantive and procedural fairness when dismissing an employee for incapacity and misconduct. This paper will examine the rationale behind differentiating between dismissal for drunkenness and dismissal for alcoholism.


Author(s):  
Helmut Strasser

AbstractMutual adaptation and inter-changeability of system elements are very important prerequisites for machines, technical devices and products. Similar to that technical compatibility which can be achieved by standards and regulations, optimum design of human-oriented workplaces or a man-machine system cannot be attained without, e.g., a compatible arrangement of connected displays and controls. Over and above those stimulus/response relations, all technical elements and interfaces have to be designed in such a way that they do not exceed human capacity in order to optimize human well-being and overall system performance. Compatibility between the properties of the human organism on the one hand, and the adaptable technical components of a work system on the other hand, offers a great potential of preventive measures. Examples of ergonomically designed working tools show that compatibility is capable of reducing the prevalence of occupational diseases and repetitive strain injuries as well as leading to lower physiological cost in such a way that the same output results from a lower demand of human resources or even a higher performance will be attained. Compatibility also supports the quick perception and transmission of information in a man-machine system, and as a result of lower requirements for decoding during information processing, spare mental capacity may enhance occupational safety. In the field of software, compatibility also helps to avoid psychological frustration. All in all, the center core competency, which reflects the major significant function of the ergonomist in work design, consists in determining the compatibility of human capacity and planned or existing demands of work. In order to provide efficient working tools and working conditions as well as to be successful in occupational health and safety, ergonomics and industrial engineering in the future are expected to pay more attention to the rules of compatibility. Applied in an appropriate way, these rules may convince people that ergonomics can be a powerful means for reducing prevalence of occupational diseases and complaints, and has a positive effect on overall system performance. Besides presenting examples of work design according to the principle of compatibility, also methods will be shown which enable the assessment of the ergonomic quality of hand-held tools and computer input devices.


2020 ◽  
Vol 11 (1) ◽  
pp. 150-170 ◽  
Author(s):  
Seyed Sajad Mousavi ◽  
Reza Khani Jazani ◽  
Elizabeth A. Cudney ◽  
Paolo Trucco

Purpose This study aims to quantify the multifaceted relationship between lean implementation and occupational health and safety (OHS) performance. Hypotheses based on a set of antecedents (mediating factors) are built and quantitatively tested. Design/methodology/approach Data were collected through an international survey with responses from more than 20 countries. Partial least square-based structural equation modeling was used to test a theoretical framework derived from literature. Leading indicators (formative indices) were used to evaluate the four antecedents of OHS performance (mediating factors). Findings All the identified antecedents show a significant mediating role. Antecedents related to the working environment and organizational factors have the strongest mediating effect. Results support the importance of using OHS leading indicators to appropriately measure the impact of lean implementation on workers’ health and safety. Research limitations/implications The proposed OHS leading indicators connecting lean practices to OHS performance antecedents are only explored in this study. Therefore, to establish a comprehensive, validated and practically usable set of leading indicators, further research is needed. Practical implications As there are some synergistic and trade-off relationships between lean and safety, the findings of this study will enable managers and organizations to leverage the positive effects of lean implementation on workers’ health and safety and mitigate the negative effects. Originality/value Several prior studies investigated the multifaceted link between lean and OHS; however, this is the first study that tested direct and mediated influence by defining a coherent set of antecedents. The results justify and strongly support the adoption of OHS leading indicators to measure the impact of lean implementation on OHS performance.


Author(s):  
Esther Cloutier ◽  
Elise Ledoux ◽  
Madeleine Bourdouxhe ◽  
Hélène David ◽  
Isabelle Gagnon ◽  
...  

The Québec health sector is facing profound macroeconomic and macro-organizational changes. This article addresses the impact of these changes on the work of home health aides (HHAs) and their occupational health and safety (OHS). The study was carried out in the home care services of four local community service centers (CLSCs) with different organizational characteristics. It is based on an analysis by triangulation of 66 individual and group interviews, 11 work days, and 35 multidisciplinary or professional meetings observed, as well as administrative documents. HHAs are experiencing an erosion of their job because the relational and emotional components of their work are disappearing. This results in an increase in musculoskeletal and psychological health problems. This study also shows that managers’ decisions can reduce or increase the HHAs’ work constraints. Stability in the clientele served and the possibility of organizing their routes are good examples of positive impacts.


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