NOSA offers legal compliance audits to companies who wish to measure the exposure that the organisation has to appropriate statutory requirements. These audits are conducted against various legal requirements, which depend on the nature of the client’s operations. NOSA has qualified resources who are able to perform legal compliance audits against both the OHS Act and the MHS Act. Each Legal Compliance Audit entails: Audit preparation (including identification of relevant legislation) Conducting an audit (on site) Report writing and feedback Duration This will depend on the size of each site and the type of activities conducted, as well as the scope of the audit. Benefits of a Legal Compliance Audit An external evaluation of the organisation’s compliance with applicable SHE legislation. A written report on audit findings is provided.

1. SIGNIFICANT HSEQ LEGAL
UPDATES AND DEVELOMENT
Hanno Marais
October 2016

2. ISO 45001 Publication is Delayed until June 2017
• The final publication of the newly drafted ISO 45001 for
occupational health and safety is postponed to June 2017,
according to the
• Institute of Occupational Safety and Health (IOSH), a liaison
body for the International Organization of Standardization.
• The initial planned publication in October 2016 is now set for a
revised draft.
• The nine-month delay in publication is attributed to the draft
standard being unable to receive enough support from the 60
national standards bodies, which voted in May 2016.
Source: Health+Safety At Work June 17, 2016

3. OHS Act Compliance is Lacking in the
Construction Industry
• About 40% of the 5000 construction sites in South Africa do not meet the
compliance requirements set out in the Occupational Health and Safety
(OHS) Act.
• For example, the Tongaat Mall collapse in 2013, resulted in 29 workers
sustaining serious injuries; a number of the provisions in the OHS Act and
Construction Regulations were violated.
• The Construction Regulations, 2014, require the appointment of health and
safety agents on construction sites and companies need to obtain
construction work permits prior to the start of a project.
• However, the non-conformity situation has seen marginal improvement
since the commencement of the 2014 Construction Regulations.
Source: Engineering News May 25, 2016

4. MEANING OF “CONSTRUCTION”
“construction work” is defined as work in connection with:
• erection, maintenance, alteration, renovation, repair,
demolition or dismantling of or addition to a building or any
similar structure;
• the installation, erection, dismantling or maintenance of a
fixed plant where such work includes the risk of a person
falling;
• the construction, maintenance, demolition or dismantling
of any bridge, dam, canal, road, railway, runway, sewer or
water reticulation system or any similar civil engineering
structure; or
• the moving of earth, clearing of land, the making of an
excavation, piling, or any similar type of work;

5. A Fatal Accident Due to Work at Height
• A fatality occurred on 5 July 2016 due to a fall from height at
Eskom’s Medupi power station in Lephalale – Limpopo province,
South Africa.
• The contractor fell while he was working on a construction area
at the power station. The accident is under investigation, and
workers were sent home to ensure their safety.
Source: news24 July 5, 2016

6. Working at Heights
• Old Definition: No employer shall require or permit any person
to work in an elevated position, and no person shall work in an
elevated position, unless such work is performed safely from a
ladder or scaffolding, or from a position where such person has
been made as safe as if he were working from scaffolding.
• New Definition: "fall risk" means any potential exposure to
falling either from, off or into;

7. New Innovation on Fall Protection
• SPI Health and Safety, a leader in products and services related
to occupational health and safety in Canada, has recently
obtained a patent in the USA for its new product named the
Vince Paw.
• It is a rolling device or shuttle, allowing a worker to attach
himself to a lifeline and switch to intermediate anchors. The
distinct features are that it can “adjust to special diameters of
cables, be used on inclined systems, and adapt to existing
installations as no specialised connecting part is required”.
Source: CNW Group May 18, 2016

8. PROPOSED SOLUTIONS TO CHALLENGES
Professionalize health and safety in the construction industry by:
• Registration of professionals in the construction industry who are
obligated to perform any health and safety function in terms of the Act
and Construction Regulations.
• Maintain the database of professionals in the industry.
• Control and Monitor professionals in the construction industry (register
or deregister)
• Ensure that construction work is carried out by competent and
registered persons.

9. Management and supervision of construction
work
The Registration of Construction Manager & Safety Officers
• The Construction Health and Safety Manager. (SACPCMP)
• The Construction Health and Safety Officer.(SACPCMP)

10. HSE LEGISLATIVE UNDERLYING THEMES
• CONCEPT OF SELF REGULATION
• MEANING OF “REASONABLY PRACTICABLE”
• MEANING OF “COMPLIANCE”

11. “REASONABLY PRACTICABLE”
Means practical having regard to:
• Scope and severity of hazard
• Knowledge reasonably available
• Available or suitable means
• Cost

12. GENERAL PRINCIPLES OF RISK ASSESSMENT
1. All relevant risks are systematically addressed
 identify major, don’t concentrate on minor
 consider those aspects of work which are hazardous
 take into account and critically assess safety controls and
measures
 be systematic
 look at all aspects of the work activity
2. Address what actually happens
 actual practice, not instructions
 consider non-routine operations
 pay attention to changes/interruptions

13. GENERAL PRINCIPLES CONTINUE
3. Include all who could be affected, including visitors,
contractors, security guards.
4. Highlight those groups or individuals particularly at risk.
5. Take into account, and objectively assess, existing safety
measures and controls.
6. The level of detail should match the level of risk.
7. In most cases, make a rough assessment first, become
more sophisticated later.

14. THE CHOICES WE MAKE
Ignore near misses
Investigate to find somebody guilty (blame fixing culture)
Look at every incident and identify those with the high
potential for loss
Remember:
The fundamental causes of incidents are failures in the
system of work and not substandard behaviours or
conditions

15. PRINCIPLE OF MULTIPLE CAUSES
Seldom, if ever, are problems and loss
producing events the result of a single
cause.

16. Mining Industry Latest Developments
• Silicosis Case Puts Gold Mining on Trial:
• Deputy Judge President Mojapelo handed down judgment on Friday,
13 May 2016, in the South Gauteng High Court, in the case of
Bongani Nkala and 68 Others v Harmony Gold Mining Company Ltd
and 31 Others.
• The South African court has allowed the claimants to proceed with a
class action suit seeking damages from mining companies for lung
diseases (silicosis and tuberculosis) they contracted while working at
their various operations since 1965.
• The court trial is the first step towards claiming compensation for
mine workers and their families.
Source: Business Day May 16, 2016; politicsweb May 15, 2016

17. PROTECTION OF PERSONAL INFORMATION
BILL
• The Protection of Personal Information Act, 2013 (ACT NO. 4
OF 2013)
• Commencement of Section 1, Part A of Chapter 5 and Sections
112 and 113
• Setting up of the Regulator
• The penalties under section 107 could be R10mil fine or up to
10 years in prison.

18. Latest Developments and Updates
• Data protection: In August 2013, Parliament passed the
Protection of Personal Information Act into law to regulate the
processing of personal information and establishing a Regulator
to administer violation complaints. Companies are reminded that
as "responsible parties" and "operators" (as defined), they will
need to have strict measures in place to ensure that they are
compliant when the 12-month grace period expires.
• Code on corporate governance: The revised King Code on
Corporate Governance in South Africa is expected to be
published in 2016 following an extensive consultation period.

19. Latest Developments and Updates
• Environmental law developments: National Treasury has
released a draft Carbon Tax Bill for public comment. It is proposed
that carbon tax will come into effect on 1 January 2017 and will be
introduced in a phased manner. In addition, draft National
Greenhouse Emission Reporting Regulations are expected to come
into force in 2016, introducing a single national reporting system for
the reporting of greenhouse gas emissions.
• Waste Classification register – August 2016
• Occupational health and safety: Amendments to both the
Occupational Health and Safety Act and the Compensation for
Occupational Injuries and Diseases Act have been proposed. These
proposals demonstrate the clear intention of the regulator to
increase regulatory supervision and impose penalties in the event of
a breach of the legislation and regulations. Businesses are advised
to carefully consider their health and safety compliance going
forward in order to avoid hefty fines.

20. Latest Developments and Updates
• Mineral and Petroleum Resources Development
Amendment Bill: The Mineral and Petroleum Resources
Development Amendment Bill, which was passed by Parliament
in March 2014, was referred back to Parliament by the
President, citing constitutional issues. It is anticipated that a
regulatory dispensation which reflects terms that are more
acceptable to a broad stakeholder base (including the private
sector) will be promulgated in 2016.

21. Looking Ahead: HSE in 2016
• To create a learning opportunity for all industries, Robin Jones, president of the
South African Institute of Occupational Safety and Health (Saiosh), shares his wishes
for occupational health and safety in 2016:
• When investigating incidents, senior managers should have an open mind and focus
on finding facts as opposed to faults. Instead of pointing fingers, the OHS managers
should use incidents as a learning opportunity to develop positive steps to prevent
incidents from recurring.
• OHS should be treated the same as, and engrained into other growth and
operational functions such as production, engineering, quality control, and finance
departments. The aim of the OHS Act is to prevent harm and/or associated
disruptions to the smooth running of an organisation.
• To enhance organisations’ awareness of all incidents, the Department of Labour is
expected to publish detailed historical incident data that contain where an accident
occurred, the name of the company, the contravention of the law, and the
consequences such as a fine, or criminal prosecution.
Source: SHEQ Management Jan/Feb 2016

22. Any Questions?

23. Thank you