newsletter no 6 ref no 03 04 2012 0001 by B7BptW86


									                                 KZN Coastal Branch

NOVEMBER 2011 - March 2012 Newsletter

It has been a hectic but a very productive year. KZN coastal Branch made a statement with the 13
Annual Two days SHE Conference.

Safety health and environment is now the most important element in any industry, thanks to law
enforcement, Institutions and institutes like IoSM for bringing awareness and legal up-dates to the CEO’s,
Directors, SHE/Q practitioners, SHE co-ordinators, SHE officers and NADSAM Students.

We value the contribution of our speakers that responded to our monthly meeting invitations as they
brought researched information and skilled members with valid knowledge for individual growth in order to
produce quality work.

On the 17 of November 2011 was our first day of the Conference and the following are the highlights:
Opening address was conducted by Cllr. Nondumiso Cele, the Executive Committee Member of
Ethekwini Municipality. She highlighted the importance of Occupational Health and Safety in the
workplace during her speech. She said it was up to all the candidates who were at the conference to do a
bit they could to prevent Injuries on Duty. She further thanked IOSM KZN Coastal branch and the
Executive Committee (EXCO) for inviting her. She said, she is in full support of such Institutions like IOSM
whose aim is to assist organizations and IOSM members by organizing Health and Safety Conference
like this.

Highlights of the conference – By Presenters

Topic No 1: Understanding SHE Standards, Guidelines and Procedures

Every business needs to have in place as a minimum:
    A policy
    Set of standards
    Set of procedures

To assist in managing their business successfully (usually covering Safely, Health and Environment) and
to ensure its continued sustainability.

It all translates into good governance practices and inculcates a code of conduct to be observed by
management, employees, contractors, service providers, stakeholders and members of the public.

Not only is the posting up of a Safety and Health Policy a legal requirement but sets the expectation
(code of conduct) for all concerned.

The policy for a corporate company or organisation is a set of belief or good governance aimed principally
at protecting its personnel from harm at the work place; without exposing themselves to unnecessary

The above normally culminates in a set of governance requirements that sets out the Board of Directors
and CEO’s credo and commitment in the form of very clear expectations: For example:

The management of occupational safety, health and environmental impact will be a prime duty of line
management, from the most senior executive to the first line supervisor.

Compliance with the law will be a minimum standard.
The necessary resources will be provided to achieve these high standards.

Contractors will be required to maintain the same standards of performance as employees.
Such a policy would be shared with the public; all stakeholders and briefed to employees.
Standards are developed in order to give meaning to and support the policy. These are normally
developed by a sustainable development team and sanctioned by the CEO.
Standards also incorporate legal regulations that need to be complied with.
     The aim of such standards is to ensure:
     They are clear, concise and to the point
     That they deal with fundamental controls as to what is allowed or prohibited.
     That they initially cover around 80% of the risks that contribute to serious injuries or fatalities.
     That they incorporate “good practice” principles.

Principles of Good Governance
Standards and procedures shall not be ambiguous and most importantly avoid including any “grey areas”.
Words such as “generally”, “should”; “probably”: “could”; “try to avoid”; etc. are not to be used as they
convey ambiguous meanings and give persons a choice to do something or not.
Use verbs that describe exactly what you mean. For example “shall”, “will”, “prohibit”; “do or do not”; etc.
Make it very clear as to what a person must comply with.
It is important to note that standards and procedures are not put together to satisfy risk control;
accreditation audits; legal compliances audits; etc.

                                                          Presented By: Mr Frank Robba, Mondi
                                                          Group SHE Manager

Topic No 2: Global Issues in Environmental Management

Climate change is a significant and lasting change in the statistical distribution of weather patterns over
periods ranging from decades to millions of years. It may be a change in average weather conditions or
the distribution of events around that average (e.g., more or fewer extreme weather events). Climate
change may be limited to a specific region or may occur across the whole Earth.
The term sometimes is used to refer specifically to climate change caused by human activity, as opposed
to changes in climate that may have resulted as part of Earth's natural processes. In this latter sense,
used especially in the context of environmental policy, the term climate change today is synonymous with
anthropogenic global warming. Within scientific journals, however, global warming refers to surface
temperature increases, while climate change includes global warming and everything else that increasing
greenhouse gas amounts will affect.

Effect on Climate

The water cycle, also known
as the hydrologic cycle or H2O
cycle,        describes        the
continuous movement of water
on, above and below the
surface of the Earth. Water
can change states among
liquid, vapor, and solid at
various places in the water
cycle. Although the balance of
water on Earth remains fairly
constant over time, individual
water molecules can come
and go, in and out of the
atmosphere. The water moves
from one reservoir to another,
such as from river to ocean, or
from the ocean to the
atmosphere, by the physical
processes of evaporation,
condensation,       precipitation,
infiltration,    runoff,      and
subsurface flow. In so doing,
the water goes through
different phases: liquid, solid,
and gas.

A greenhouse gas (sometimes
abbreviated GHG) is a gas in
an atmosphere that absorbs
and emits radiation within the
thermal infrared range. This
process is the fundamental
cause of the greenhouse
effect.      The        primary
greenhouse gases in the
Earth's atmosphere are water
vapor,      carbon      dioxide,
methane, nitrous oxide, and
ozone. In the Solar System,
the atmospheres of Venus,
Mars, and Titan also contain
gases that cause greenhouse
effects. Greenhouse gases
greatly affect the temperature
of the Earth; without them,
Earth's surface would be on
average about 33 °C (59 °F)
colder than at present.

Approach to climate change is based on conserving natural ecosystems and sustaining their contributions
to both human and natural communities.
    Mitigation efforts aim to reduce the atmospheric concentrations of greenhouse gases by developing
    appropriate policies and market and financial incentives to provide for the effective governance of
    Adaptation efforts help human and natural communities adjust to the impacts of climate change that
    have already been set in motion. Sound science, policy analysis, planning and financing to secure the
    adaptation potential of ecosystems critical for food, fresh water and health are required.

                                                        Presented by: Mr. Kaizer Victor Moticoe,
                                                        Managing Director: KVM Risk Solutions

    Topic No 3: Employee Job Specification link with Occupational Health Management

    In terms of providing a safe and healthy working environment for all employees, the following
    legislation underpins EJS’s:
     The Occupational Health and Safety Act
     The Basic Conditions of Employment Act
     Labour Relations Act
     Employment Equity Act

   The responsibility of completing the form lies with the HOD / Supervisor / BU Manager, who is
   assigned duties in terms of the OHS Act (16.2 assignee), to updated after any significant change in
   the specific job activities or introduction of new equipment / process for each job category / specific
   function in their department.

      A copy of this document must be kept:
            In the relevant Department
            In Human Resources Department, and must be part of the inherent pre-placement
              requirements for employing a person into this position
    A copy is also to be kept in the employee’s personal medical file, which is kept in the
       Occupational Health Clinic
   This document forms the basis for compiling an employee’s Occupational Health Risk Profile
   and required Medical Surveillance Programme.

   This form should cover the following:
        Department
        Job Title / Category
        Provide a short description of the key performance areas and critical tasks
        % Time per day spent on each task
        List identified hazards (as per the Occupational Hygiene Survey)

   • Hearing
   • Hand/eye/feet co-ordination
   • Night vision
   • Visual acuity
   • Colour vision
   • Depth perception
   • Balance
   • Mobility / agility

   Rate each aspects in the following categories:
         Physical Hazards
         Hazardous exposure
         Psycho Social stress

                                                        Presented by: Ms Thumela Matebese,
                                                        TEBS SHEQ Member

Topic No 4: The future of Occupational Hygiene Training and Qualifications in South Africa

Most Occupational Hygiene education occurs as part of related topics/ qualifications:
   • National Certificate and B tech degrees in Environmental Health
   • University Degrees in diverse subjects (Physiology, Chemistry, Environmental Management &
   • Post graduate Diploma’s and Masters degrees offered by several universities (Wits, UKZN &
       UCT) – often associated or run with Occupational Health.
   • BOHS certificate modules were offered for many years at TUT – Occupational Hygiene specific
       subject material and qualification.

Advantages of mixed qualification situation:
   • Many Hygienists have specific ‘specialities and strengths’
   • In many teams this leads to cross pollination and shared learning

Disadvantages of mixed Qualification situation:
   • Many Hygienists lack skill and confidence in areas of weakness.
   • Difficulty in attaining professional registration due to missing skills.
   • Situation is exacerbated where little or no mentorship is available or remote location
   • Lack of specialist modules or training courses make it difficult to close gaps in knowledge

Most Occupational Hygiene qualifications/ degree courses have been dropped by many tertiary
facilities in Europe, North America & Australia due to:
    • Reduced interest and registrations
    • Industry trend towards the Safety professional (SHEQ managers rather than specialists)
    • Budget cuts and restraints at the educational facilities
    • Other?
    • Courses and Qualifications simply not available in many countries around the world

                                                                   Presented by: Ms Julie Hills,
                                                                   Occupational Hygienist Specialist

Topic No 5: Sport Act and the role of the Safety Officer

    Event Organisers Legal Obligations in terms of the Safety at Sports and Recreational Events Act (Act
    2 of 2010) was promulgated and put into operation in Government Gazette no. 33232 published on
      th                                   nd
    27 May 2010 and was effective from 2 August 2010.

    •   According to Safety at Sports and Recreational Events Act: Act No.2 of 2010 - Sec 6 (1) –
        An event organiser must, at least six months before the start of—
    •   (a) a calendar year for a specific sport, recreational, religious, cultural, organizational or similar
        activity, or
    •   (b) a season, in the case of a seasonal sport, recreational, religious, cultural, organizational or
        similar activity, submit an annual schedule of events to the National Commissioner.
    •   Sec 6 (2) The schedule of events, referred to in subsection (1) or (3), must contain—
    •   the prescribed information; and sufficient particulars of the planned events, to enable the
        National Commissioner to make a categorisation of the safety and security risk associated with
        each event contained in the schedule.
    •   AGA Guideline: - To assist the process by way of furnishing sufficient information to the
        National Commissioner to enable accurate conclusions to be drawn, a comprehensive
        Risk Assessment will have to be included in the provided information.
    •   Sec 6 (2) The schedule of events, referred to in subsection (1) or (3), must contain—
    •   the prescribed information; and sufficient particulars of the planned events, to enable the National
        Commissioner to make a categorisation of the safety and security risk associated with each event
        contained in the schedule.
    •   AGA Guideline: - The above is a minimum of factors (as legislated) that must be taken into
        account for the Risk Assessment. Each event is different and the threats and exposure to
        risk may produce additional matters that must be taken into consideration in the Risk
        Assessment. Certified copies of the venue Grading and Safety Certificates may be
        required in terms of Sec 6(7)(d).

         An opportunity for Safety officers
     AGA Guideline: - A written Safety plan must be drafted for each event whether low, medium or high
    risk even in cases where a VOC is not required. The appointed Safety Officer is responsible for the
    implementation of the plan. This plan must include an event Risk Assessment.
    AGA Guideline: - The risk categorisation will determine the measures to be put in place in order to
    ensure adequate safety and security measures for the event. The National Commissioner may add
    additional measures when making the categorisation.

   AGA Guideline: - This phase takes place after the National Commissioner has notified the event
   organiser of the Risk Category of the event. What follows details the processes and procedures
   AGA Guideline: - Apart from the self-explanatory and obvious information, a Waste Management
   Plan, Public Safety Announcement Plan as well as Emergency Evacuation Procedures as
   detailed above, must be drafted and submitted with the event notification documentation.

   The content of the now legally required Safety and Security plan, Risk Assessment and appointment
   of the Safety Person may require input, in certain cases for certain categories of larger medium or
   high risk events from a professional person.

                                                                      Presented by: Mr Errol Ninow
                                                                      Alex Gintan Associates

Topic No 6 Asbestos Regulation Compliance

  Thermal insulation – asbestos has excellent heat absorption properties
  Chemical resistance – does not breakdown easily
  Highly flexible, easily molded or added to other materials
  Cheap compared to comparable materials



  • Inhalation – Breathing in fibres
  • Skin contact – skin irritation and warts
  • Ingestion – swallowing fibres

   • Asbestosis – scarring of the lung
   • Mesathelioma – cancer of the lining around lungs & stomach
   • Lung cancer
   • Colon cancer – from swallowing fibres

   • Regulations 14 & 15 detail specific requirements where asbestos containing materials or cement
      products are present as part of the building structure;
   •   Identification, Inventory & management plan
   •   Safe work procedures

   • Good sealed enclosures.
   • Correct demarcation and isolation.
   • Correct use of PPE & RPE.
   • Careful and correctly selected removal techniques for the type of asbestos found.
   • Good safe work procedures in place.
   • Well trained workers who understand the dangers and special needs when working with
   • Excellent supervision and guidance (AIA)
   • Measurement and corrective action plans.

                                                               Presented by: Mr Ian Khathi,
                                                               Occupational Health & Safety

       Topic No 7: Legal Accountability in the workplace

          – Acts of Parliament – legislation signed by the State President
             – e.g. OHS Act, 1993 (No. 85 of 1993)
          – Regulations passed by Ministers:
                • 21 sets of Regulations contained in the OHS Act, 1993
          – Sub-ordinate legislation such as municipal ordinances and by-laws
                • LEGISLATION supplements, and in many cases replaces COMMON LAW

   •   What are the initial duties of the CEO?
          – 1. Section 8(1):
                  • Shall provide and maintain a workplace that is safe and that is without risk to the
                       health of his employees
          – 2. Section 16(1):
                  • Shall ensure that all the duties of his EMPLOYER as contemplated in this Act are
                       properly discharged
                            – section 8(1) = section 16(1)

           – 3. Self-imposed duties: company rules, permits, etc.
    •   The employer – who else is it?
           – Persons to whom the CEO has assigned duties as he or she is empowered to do as
               contemplated in section 16(2):
                   • They become assistants to the CEO, or
                   • They represent the CEO in respect to occupational health and safety
           – They are employers i.r.t. their area of responsibility
    •   What duties does the CEO remain with?
           – Section 16(2) further stipulates – your involvement:
                   • “….who shall act subject to the direction and control of the chief executive
                            – That is what he or she could be held criminally liable for

There are 3 possible legal relationships:
           – 1. When you appoint a person,
           – 2. When you have visitors on site, or
           – 3. Contractual agreements with:
                   • Contractors or service providers & buyers at auctions
   • The golden rule for any relationship is:
           –   “….who shall act subject to the direction and control of the chief executive officer”
                           – That is what he or she could be held criminally and in certain cases
                               civilly, liable for.
   • Section 10(4)
           – Criminal exoneration: provision is made for:
                   • Importers, manufacturers, designers, sellers or suppliers:
                           – To do so without having to comply with sections 10 & 22: BUT
                   • Then the recipient must undertake in writing that:
                           – It will be safe and without risk when properly used, and that
                           – It will comply with the prescribed requirements
                                     • THE RECIPIENT THEN BECOMES RESPONSIBLE

    •   Section 41: This Act not affected by agreements
           – At first glance it appears as if NO agreement could affect this Act, BUT
                    • There are 3 such agreements that could
    •   What is meant by could “affect” this Act?
           – An agreement criminally exonerates one party from certain obligations

    •   Legal accountability is about:
           – To be Committed
           – To take Ownership
           – To Understand the implications
           – To be Reasonable at all times
           – To be a Team player
    •   Only the above will ensure that the spirit of safety stays alive and comes to is true right.

10 | P a g e
                                                          Presented by: Mr. Johan Louw,
                                                          Johan Louw and Associates

        Topic No 8: OHSAS 18 0001: 2007 (Modern Safety & Risk Management)

        Elements of successful Occupational Health and Safety management

                                                          Presented by: Mr Dave Manju,
                                                          Managing Member Umnotho

Thank you

Sne Simelane

11 | P a g e

To top