On 30 July 2021, the Department of Employment and Labour launched the report titled: "The profile of Occupational Health and Safety (OHS) South Africa."

The report is a project commissioned jointly by the International Labour Organization and the Department of Employment and Labour and provides a historical analysis of occupational health and safety in South Africa. The report contains several key themes and insights that came out of the confidential, semi-structured in-depth interviews with 34 purposefully selected participants.

The seventeen themes that were identified in the interview responses include:

• COVID-19 opportunities
• Enforcement of legislation
• Poor compliance and Occupational Safety and Health (OSH) Committees
• Gender and the informal sector
• Complex legislation
• Perception of inspections as punitive
• Fragmentation and poor integration
• OSH statistics and incident reporting
• Occupational Health and Safety (OHSA) not explicit on the right to refuse dangerous work
• Public sector compliance
• Poor reporting yet increasing claims and lack of awareness
• Partnerships
• Human resources challenges for inspection
• Importance of safety and occupational health
• Aligning Mine Health and Safety Act (MHSA) and OHSA, length of time to amend legislation
• OHSA dependent on definition of an employer and employee
• The role of SALGA and municipalities

The respondents’ views included but were not limited to:

• Legislation as punitive.
• Government’s role in occupational health and safety is viewed as a setback considering that government departments are significant defaulters and are non-compliant with legislation.
• Enforcement was perceived as generally reactive.
• Participants highlighted that COVID-19 has revealed opportunities that South Africa had not explored before. For example, during COVID-19, technology was used to make information quickly available.
• Participants were of the view that South Africa has good legislation.

Findings in the report included but were not limited to:

• The monetary value of claims to the Compensation Fund has been rising over the years.
• OSH legislation neglects the informal economy, even though research shows that this economy is growing.
• There is an urgent need for stakeholders to receive reliable and informative OSH statistics.
• The highest health and safety compliance rate was noted in construction while the lowest compliance was in manufacturing and retail.
• Medical costs account for 66% to 71% of claims.

The report further shows that the number of workplace inspections by the Department of Employment and Labour has grown steadily from 180 818 in 2014/15 to 218 919 in 2018/19.

The recommendations made in the report are in line with the findings of this project and most have been raised by the commissions of enquiry on OSH and related legislation.

• Develop a national policy on Occupational Safety and Health.
• Develop a national Occupational Safety and Health strategy.
• Revive, contextualise, and implement the Cabinet Memorandum 1 of 1999. In the process and integration of occupational health and safety competencies.
• Fast track the process of merging of legislation in line with the findings of this project and also in line with the previous commissions’ findings.
• Prioritise and fast track the process of reviewing legislation currently underway.
• Implement articles of the ILO Conventions when reviewing legislation.
• Strengthen relationship between the preventative and compensation legislation.
• Develop a harmonised and integrated data collection system on occupational injuries and diseases that will inform national policy and strategy on OSH.
• Consider the role of the South African Local Government Association in OSH, especially as it relates to the informal economy.
• Leverage on existing tripartite structures such as NEDLAC, ACOHS and MHSC and professional bodies/practitioners.
• Investigate the medical cost to the Compensation Fund.
• The cabinet should be informed of the findings of this project, especially as it relates to government departments being some of the significant non-compliant institutions to sensitise ministers on this issue of grave concern.
• Capitalise on the opportunities brought by COVID-19 to advocate for and instil an OSH culture across all sectors and all departments.
• Develop collaboration mechanisms with institutions of learning to address development of human resources for OSH; the competent authorities to inform curriculum development to be responsive and relevant to OSH issues faced.

The release of the OHS report is part of developing a comprehensive strategy and policy for the prevention of occupational health and safety hazards for employees and reforming the inspection and compensation.

Click here to download full report

Neil Enslin | Occupational Health and Safety Manager

Source of report: 

http://www.labour.gov.za/