Volume 10, No.6 - Jan 2002

Health and Safety

Sell your labour not your healthThe lives, health and safety of workers must be top priority

By Jaqueline Mpolokeng, COSATU Health and Safety Co-ordonator

COSATU had targeted October 2001 to highlight the importance of occupational health and safety. The month was chosen to remind ourselves of the Kinross mine disaster on 1 October 1987 where 177 workers died after a disastrous fire.

Since then, it has become important to have a concerted and co-coordinated effort to address the issue of occupational health and safety, to prevent accidents, injuries and diseases and to compensate and rehabilitate workers who fall victim to occupational accidents and diseases. 

Occupational accidents are costly. For example in 1996 the cost to the South African economy was R17 billion - 3.5% of South Africa’s Gross Domestic Product. They also directly affect workers’ families, who lose their loved ones and breadwinners and the workers themselves, who suffer from lost jobs.

We are emerging gradually from the legacy of the apartheid labour market, under which apartheid employers cared little about the health and safety of their workers. The lives of black workers, especially in mining, were expendable.

Where employers were found guilty, the penalties did not measure to the magnitude of the crime.  For example, in the Kinross saga the company was fined a ridiculous sum which totalled R1 per worker.

Since the advent of democracy, there has been progress with new legislation on health and safety at work including in the mining industry.  While we have made important strides at the level of legislative reform, the sad reality is that health and safety at work is still not regarded as a priority. 

For this reason the union movement must take the issue of health and safety in our hands. As the slogan for the campaign says: "Sell your Labour not Your Health". 

Occupational incidents – deadly statistics

Statistics from the Department of Labour only go up to 1996, so we do not have any information from 1996 to date. Anglo American however reports that during 2000 39 employees from their workforce of 105 000 and 21 contractors lost their lives due to the company ignoring health and safety laws.

The mining industry as a whole experienced 2 525 accidents, 2 461 injuries and 146 deaths between January and June 2001. According to a 1999 United Nations report, 2264 mineworkers died in accidents between 1994 and 1998. At least 1 500 workers die in work-related accidents every year and about 4000 people per year are injured severely while working, according to the Compensation Commissioner’s Report. The Compensation Commissioner pays out workers’ claims in excess of R933 million every year.

Many other workers are exposed to occupational hazards and physical threats to their well-being. Workers are exposed to chemicals’ which can damage their health and others work under damp, cold or hot conditions. 

Many other work places do not have proper facilities, including basics like toilets and drinking water. Long distance drivers work under appalling conditions – forced to drive for long hours, which causes road accidents due to fatigue.

Recently 20 workers died when a bridge collapsed in Bushbuckridge. Another six plunged to their death in Hillbrow due to the improperly erected scaffolding equipment. Last year 11 workers burnt to their death in the well-publicised incident in Lenasia.

These incidents must galvanise us to action! All these injuries could have been prevented.  There is the law available to protect workers and strangely also to protect any machinery within the workplace. Unfortunately workers lose their limbs, fingers and even their lives, yet employers do not take any precautions to rectify these hazards.

COSATU contends that occupational accidents could be prevented if employers saw occupational health and safety as a priority. Employers do not provide adequate protective clothing and equipment, they fail to inform workers about hazards within their workplaces, and they fail to train workers around health and safety issues.

Yet these incidents could be avoided if the laws were fully implemented. Budget cuts to the Department of Labour however have constrained its ability to proactively enforce the law. Sadly, we as the unions are not actively making sure that employers regard health and safety as a priority.

 

The legislative framework

The democratic government has passed laws on occupational health and safety, setting out the obligations and rights of the different role players: workers, employers and government.

The COSATU campaign emphasises the need for preventing occupational accidents and diseases through a partnership between employers, workers and the government to enforce these laws. 

The Occupational Health and Safety Act (OHSA) is our key weapon in ensuring that employers regard health and safety as a key priority. The OHSA and related regulations make it clear that the employers have a duty to protect workers and the onus in on the employer to find out what health risks there are in the workplace.  The Act aims to get employers and workers involved in preventing accidents and sickness.

The Compensation for Occupational Injuries and Diseases Act provides workers or their families with financial compensation for death or disablement caused by dangerous workplace conditions.

The Mine Health and Safety Act aims to create work environment that is safe and healthy for workers in the dangerous mining industry.

The legislative framework also gives us rights as workers and employers cannot dismiss us for demanding the right to:

In terms of the National Environment Management Act workers have the right to refuse dangerous work. Your employers must make sure that your workstation is safe and without any dangers. As a worker when you see a machine will cause you harm, you must as soon as possible report that to the employer.  It is the obligation of the employer to repair the machine, and you cannot at that moment work on that machine.

 

 The COSATU health and safety campaign

These laws will not automatically give us a healthy and safe work environment.  It is our duty as workers and trade unionists to take steps to force employers to take our safety as a priority, to make health and safety a bargaining issue and a focus in our daily work.

The COSATU health and safety campaign has three components. 

The first is to ensure compliance with and enforcement of health and safety legislation.  To that end, COSATU will sign a health and safety accord with government and employers to ensure compliance with the law.  COSATU has also agreed to work with the Department of Labour to ensure compliance with the law. 

Another important element is to call for the Department of Labour to be given adequate resources to enforce the law.

When employers fail to respect our rights, the law give us the right to strike to ensure a healthy and safe work place. 

It is a duty of all our shop stewards to take stock of their workplaces to see if they are safe and together with the union design strategies to ensure compliance with health and safety legislation.

Secondly, we need to ensure the election and training of safety representatives during October, linking this to a massive education and awareness campaign to ensure that workers understand the importance of health and safety and their rights.  To help, COSATU has developed a booklet on health and safety to educate all our members.

Thirdly, a publicity campaign to embarrass employers with the worst records on health and safety. On 31 October we will announce the names of employers with the worst health and safety record and target them to ensure compliance with the law.