Health and Safety

The incident investigation should basically answer the following six key questions

a.    Who 
  • was injured?
  • saw the incident? (Injury)
  • was working with him/her?
  • had instructed, trained, assigned the affected person/
  • else was involved?
  • Can help prevent the re-occurrence?
b.    What 
  • was the incident?
  • was the injury/illness?
  • was being done at time of injury or incident?
  • were they told to do so?
  • tools were being used?
  • machinery was involved?
  • operation was being performed?
  • instruction had been given?
  • precautions were given?
  • precautions were necessary?
  • PPE was used or should have been used?
  • did other do to contribute to the incident?
  • problems or questions was encountered?
  • did the employee and others do after the incident?
  • did witnesses see?
  • will be done to prevent re-occurrences.
  • safety rules or procedures were violated?
  • safety rules or procedures were lacking?
  • safety rules or procedures were needed?
  • additional training should be included?
c.    When 
  • did the injury or incident occur?
  • did the employee begin the task?
  • was the employee assigned to the task?
  • were the hazard or risk pointed out to the employee?
  • did the supervisor last check on the employee’s progress?
  • did the employee last notice that something is wrong?
  • was appropriate training provided?
  • was a risk assessment done?
d.    Why 
  • was the employee injured?
  • did the employee behave that way?
  • did other persons behave that way?
  • was PPE not used?
  • were specific instructions not given to the employee?
  • was the employee in that position/place?
  • was the employee using that machine or tool(s)?
  • did the employee not check with the supervisor?
  • did the employee continue working under the circumstance?
  • was the employee allowed to continue working?
  • wasn’t the supervisor there at the time?
e.    Where 
  • did the injury or incident occur?
  • was the employee at the time of the incident?
  • was the supervisor at the time of the incident?
  • were co-workers at the time of the incident?
  • were other persons involved at the time?
  • were the witnesses when the incident occurred?
  • else does this or a similar condition exist?
f.     How 
  • was the employee injured?
  • could the injury/illness have been avoided?
  • could co-workers avoid similar injury/illness?
  • could the supervisor have prevented the injury/illness?

 

 

 

 

 

Case Law Summaries and Articles

 

Can employees be dismissed for refusing to accept new terms and conditions of employment?

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, “yes”.

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Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal.

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Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

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Consolidated, comprehensive or general final written warnings

Regarding dismissal, according to the Code of Good Practice, “the courts have endorsed the concept of corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them.

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Courses and Workshops

 

                                         

 
 

Compensation for Occupational Injuries and Diseases Course

22 August 2019 (Fully Booked)

Tsogo Sun: Century City: Cape Town

12 September 2019

Southern Sun: Maharani Towers: Durban

Employment Equity Committee Training

23 August 2019 (Fully Booked)

Emperors Palace: Convention Centre

29 August 2019 (Fully Booked)

Tsogo Sun: Century City: Cape Town

30 August 2019

Tsogo Sun: Century City: Cape Town

27 September 2019

Emperors Palace: Convention Centre

04 October 2019

Southern Sun: Maharani: Durban

Shop Steward Training

28 August 2019

Emperors Palace Convention Centre

Basic Labour Relations

04 September 2019

Emperors Palace: Convention Centre

The OHS Act and the Responsibilities of Management

13 September 2019

Southern Sun: Maharani Towers: Durban

19 September 2019

Emperors Palace: Convention Centre

28 November 2019

Protea Hotel By Marriott Tyger Valley: Cape Town

Managing Day to Day Issues/ Problem Employees Full day workshop

20 September 2019

Emperors Palace: Convention Centre

27 September 2019

Tsogo Sun: Century City: Cape Town

Hazard Identification & Risk Assessment Course

18 October 2019

Emperors Palace: Convention Centre

21 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

Workshop Incident/Accident Investigation Course

25 October 2019

Emperors Palace: Convention Centre

22 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

  

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