Download
1 / 20
200 likes | 203 Vues
DEPARTMENT OF LABOUR PROGRESS REPORT ON OVERSIGHT VISIT BY THE PORTFOLIO COMMITTEE IN MPUMALANGA. 14-18 SEPTEMBER 2015. 04-11-2015. BACKGROUND.
E N D
DEPARTMENT OF LABOUR PROGRESS REPORT ON OVERSIGHT VISIT BY THE PORTFOLIO COMMITTEE IN MPUMALANGA 14-18 SEPTEMBER 2015 04-11-2015
BACKGROUND During 14-18 September 2015 the Labour Portfolio Committee had an oversight visit in the Malelane District in the Mpumalanga Province. The purpose of the visit was to monitor; oversee compliance and enforcement of Labour legislation. The Committee visited and inspected 5 farms in the abovementioned District. The names of the abovementioned farms are: • InyoniBoerdery; • Mbhaba Estate; • Tomahawk; • Nhlumi; and • Mbhono
BACKGROUND CONT... • Section 30 (3 , 4, 5) of the Occupational Health and Safety provides that if an employer is issued with a contravention notice, they have 60 days to appeal to the Chief Inspector. • If at the expiry of 60 days the employer fail to comply or appeal then it is an offence and can be referred to court in terms of s38 of the OHS. • So far 60 days has not yet elapsed and the employer have not appealed to the Chief Inspector.
INYONI BOERDERY - PROGRESS Inspection Inyoniboerdery harvests citrus fruits and operates as a packaging business. The farm was inspected on 15 September 2015. Finding During the inspection it was established that the farm did not comply with the Occupational Health and Safety Act and its regulations. Enforcement • On conclusion of the inspection the farm was issued with a Contravention Notice and given 60 days to comply with the identified contraventions. • A Prohibition Notice was issued to stop construction work on the packaging area; because of non- compliance with Construction Regulations. • A Prohibition Notice was issued to stop a forklift from operating as it did not have a valid competency certificate as provided under the regulations
TOMAHAWK FARM • Inspection • Tomahawk farm does packaging and harvest citrus fruit. An inspection was conducted on the 16 September 2015. • Findings • It transpired during the inspection that the farm is not complying with the Occupational Health and Safety and its regulations. • Enforcement • Contravention notice was served instructing the employer to comply with the regulations that were contravened within 60 days.
TOMAHAWK FARM • In order to improve service delivery by the Fund, the Unemployment Insurance Board recommended that the Act should be amended. • The proposed amendments to the Bill need to address the Issue of workers who are presently excluded in the Act and by so doing to conform with the International Labour Organization standards; improve payment of benefits to contributors; and extend the period within which benefits are payable. • To comply with the Constitution of the Republic of South Africa, the Bill had to address the exclusion of the civil servants in the current legislation.
NHLUMI FARM Inspection Nhlumi Farm harvests citrus fruits and operates as a packaging business. The farm was inspected on 17 September 2015. Finding During the inspection it was established that the farm did not comply with the Occupational Health and Safety Act and its regulations. Enforcement • On conclusion of the inspection the farm was issued with a Contravention Notice and given 60 days to comply with the identified contraventions. • A Prohibition Notice was issued to the employer instructing him stop using all 4 of his wire Stitcher Machines as it posed an immediate danger to its employees as they were not using the relevant personal protective equipment.
BONO & UMBHABA FARMS The two farms were not inspected during the visit. We have scheduled the 23rd and 24th November 2015 to do full inspections on these two farms.
EXISTING POLICY INTERVENTONS IN AGRICULTURE • A Sectoral Determination is currently in existence setting conditions of employment and minimum wages. • A vision for Labour Relations in Agriculture. • Protocol on access to farms. • DOL has good working relations with TAUSA, AgriSA, NAFU, AEO
PLANNED INTERVETIONS • Addressing the plight of Agricultural workers housing. • Provision of Housing for Agricultural, mining, domestic and migrant workers, construction projects is always a challenge. • The Sectoral Determination provides standards that must be met if the Employer is to deduct monies from the workers salaries. • The DOL will convene joint sessions with Human Settlement, Agriculture and Fisheries, Basic Education and the PCL can strengthen this process by also convening sessions with the related Portfolio Committees.
PLANNEDINTERVENTIONSCONT... • Assisting farmers, farmworkers and organised labour to influence fresh produce prices. • DOL will take up the matter with the Department of Agriculture, the DTI and Small Business to assist farmers and farmworkers. • Invite people with relevant expertise to DOL information sessions with farmworkers and farmers to assist them in addressing pricing and market access matters.
PLANNED INTERVENTIONS CONT... • Undocumented foreign workers • Labour laws apply equally to documented and undocumented workers. • Planning joint random blitz inspections / operations with other Departments across the country targeting farms, private security, hospitality and domestic sectors. • Employers found with undocumented foreign workers will be prosecuted in accordance with the Immigration Act. • The dates and times will not be publicised to ensure that the blitz have the desired effect.
PLANNED INTERVENTIONS CONT... • Education of farmworkers and farmers on the BCEA and related Sectoral Determinations. - DOL will review existing agreements with current organisations funded under the Strengthening of Civil Society to extend their services to workers in Agriculture and other vulnerable workers. • The Mpumalanga office conducted 7 Stakeholder sessions during Q1 & Q2 on the BCEA and other Labour Laws. • The MP Provincial Office will conduct Seminars with visited farms during Q4.
PLANNED INTERVENTIONS CONT... • Health of farm workers: • Use the information sessions to educate farm workers on the dangers associated with Exposure to Hazardous Biological Agents, their rights , incident reporting, access to compensation. • Alert the Department of Health on the plight of farm workers and make arrangements for regular visits to farms with their mobile clinics.
PLANNED INTERVENTIONS CONT... • Workers dismissed for talking to PCL members - Affected workers were tracked and assisted to take their case to the CCMA.
