Safety April 2022 Edition

APRIL 2022

WWW.BUSINESSMEDIAMAGS.CO.ZA

MITIGATING THE RISKS INSIDE: PROTECTING MINEWORKERS I OCCUPATIONAL HEALTH AND SAFETY I KEEPING OUR ROADS, RAILWAYS AND SHIPS SAFE

MiX VISION AI

THE FUTURE OF VIDEO TELEMATICS

-30

-10 -35

-50 20

-40

Improve safety, increase efficiency and reduce operating costs with MiX Vision AI, an intelligent dashcam solution for fleets of all sizes and types.

Monitor and reduce risky driving behaviour Decrease risk of collisions and collision severity Reduce insurance-related costs Increase fuel efficiency Reduce maintenance costs

fleetsa@mixtelematics.com www.mixtelematics.com

TELEMATICS TECHNOLOGY TO REDUCE FLEET COSTS While telematics technology is not new, its application to commercial fleets is relatively new. Businesses with fleets of vehicles began using telematics technologies around the late 1990s, because it made it possible to gather a wider, more detailed set of real-time data on vehicles. he continuous struggle to decrease fleet costs and increase fleet safety and efficiency is something fleet managers are far too familiar with. If the current economic forecasts are anything to go by, operating a fleet will only become more expensive, forcing fleet managers and operators out of their comfort zones, and compelling them to seek out solutions that will increase their fleets' agility and sustainability.

Since 1996, MiX Telematics has successfully developed an extensive suite of fleet management solutions including MiX Fleet Manager Premium software and hardware, MiX Vision AI (a fully integrated video telematics solution with Artificial Intelligence technology) and MiX Insight Analyser, a Business Intelligence (BI) tool for data-driven insights and decision making.

The MiX Fleet Manager Premium solution offers unlimited access to comprehensive vehicle and driver data. The solution comprises a sophisticated on-board computer that collects and transmits valuable vehicle and driver information.

This data is hosted in one of several top-tier data centres, with information accessible online or via the mobile app.

Another key solution developed by MiX Telematics in the past year, was the expansion of the existing MiX Vision dashcam solution with AI powered technology. MiX Vision AI is a fully integrated video telematics solution. MiX Vision AI uses advanced machine learning to monitor risky driving behaviours that could lead to fatal accidents.

MiX Insight Analyser is a fully customisable online BI platform that enables fleet managers to use Big Data to answer pressing fleet questions and make informed operational decisions by presenting relevant and accurate fleet data in a simplified way.

The online dashboards and telematics data provided by MiX Insight Analyser is vitally important for the daily operational decisions that businesses have to make, says Gert Pretorius, CEO & Managing Director, MiX Telematics Africa.

“The active fleet data is used to detect trends, monitor vehicle utilisation and driver behaviour, as well as fuel consumption; considerations that have become even more important during the pandemic and the current economic climate,” concludes Pretorius.

MiX Vision AI cameras are enabled with Advanced Driving Assistance (ADAS) giving the driver real-time coaching feedback on the trip, and the ability to review performance after the trip.

MiX Vision AI dashcams are integrated with fleet management telematics to provide a full view of vehicle and driver performance for safer and more efficient fleets. The in-cab and road-facing cameras help prevent collisions, alert drivers to risky driving behaviour and can save on insurance costs from wrongful claims against drivers or the incurring of traffic infringements with the power of video footage.

Telematics technology and the application thereof, has been rapidly advancing due to the rising demand for advanced telemetry solutions that provide improved safety, increased efficiency, and cost saving benefits. By partnering with a reliable telematics partner to implement solutions that provide these benefits, Fleet owners will have connected vehicle data to analyse and validate business expenses. Analysing the data will identify areas of the operation where effective cost cutting can be implemented to achieve overall efficiency savings.

Contact MiX Telematics today to find out how our solutions can help reduce your fleet costs. +27 11 654 8000 | fleetsa@mixtelematics.com | www.mixtelematics.com

F ROM T HE EDI T OR

IDENTIFYING AND MITIGATING RISK

S

afety expert Eleanor Everet noted that “safety is not a gadget, but a state of mind”, and it is this state of mind that is crucial in the mining industry where accidents almost always lead to injury and death.

There can be little doubt that in this sector, the job of the health and safety representative is vital. This is something we consider in-depth in this issue, looking at these representatives’ roles, powers, responsibilities and how they co-operate with the mine to ensure worker safety.

The parlous state of South Africa’s rail network also takes centre stage, as we investigate the biggest safety issues rail transport has to deal with and how these are best mitigated.

The nation’s roads are not always in much better shape than our train tracks, but the state

WWW.BUSINESSMEDIAMAGS.CO.ZA

of the roads is only one of many road safety challenges. We look into the leading causes of fatalities and injuries on the road, and how we can reduce these statistics.

Vaccine mandates are the subject of much discussion, with an increasing number of local businesses implementing these.

We consider whether such policies align with the OHS Act and what a company’s legal obligations are towards unvaccinated employees, in light of two recent CCMA judgments around this subject.

While safety is a broad topic, we have honed in on some critical aspects in this issue.

Enjoy the read and, as always, remember to stay safe!

Rodney Weidemann Editor

PUBLISHED BY

A proud division of Arena Holdings (Pty) Ltd Hill on Empire, 16 Empire Road (cnr Hillside Road), Parktown, Johannesburg, 2193 PO Box 12500, Mill Street, Cape Town, 8010 www.businessmediamags.co.za EDITORIAL Editor: Rodney Weidemann Content Manager: Raina Julies rainaj@picasso.co.za Contributors: Trevor Crighton, Captain Rahul Khanna, Levi Letsoko, Natalie Pitout, Anthony Sharpe, Benjamin van der Veen Copy Editor: Brenda Bryden Content Co-ordinator: Vanessa Payne DESIGN Head of Design: Jayne Macé-Ferguson Senior Designer: Mfundo Archie Ndzo Advert Designer: Bulelwa Sotashe Cover Credit: istockphoto.com, supplied

Contents

SALES Project Manager: Bongani Matwa +27(0) 21 469 2466 | +27 76 251 4590 matwab@picasso.co.za

12 5

8 OCCUPATIONAL HEALTH AND SAFETY Balancing vaccine mandates and employees’ rights.

5 MINING

11 SHIPPING

Prioritising the safety workers in the mining industry is critical to the sustainability of the sector and its resultant positive impact on the economy.

Fires on board large vessels are increasing.We look at the contributing factors and why a robust risk management programme is needed.

6 RAIL NETWORK

12 TECHNOLOGY

Rail safety has been in the spotlight for some time. We look at the biggest safety issues rail has to deal with and how these are best mitigated.

PRODUCTION Production Editor: Shamiela Brenner Advertising Co-ordinator: Johan Labuschagne Subscriptions and Distribution: Fatima Dramat fatimad@picasso.co.za Printers: CTP Printers, Cape Town MANAGEMENT Management Accountant: Deidre Musha Business Manager: Lodewyk van der Walt General Manager, Magazines: Jocelyne Bayer

Using virtual reality as a platform for safety training improves knowledge retention, equips learners with practical experience and helps reduce safety risks.

7 TRANSPORT What are the leading causes of fatalities and injuries on the road, and how can these be reduced?

2

SAFETY

6

11

COPYRIGHT: No portion of this magazine may be reproduced in any form without written consent of the publisher. The publisher is not responsible for unsolicited material. Safety is published by Picasso Headline. The opinions expressed are not necessarily those of Picasso Headline. All advertisements/advertorials have been paid for and therefore do not carry any endorsement by the publisher.

INTRODUCING TRAX 2.0 Taking safety footwear to the next level

FOR YEARS, TRAX HAS SET THE STANDARD… Created with an expert podiatrist.

Custom-designed for the South African foot.

Industry-leading technical features.

AND NOW WE’VE STEPPED UP OUR GAME…

7.7 X MORE SOLE

WEIGHT REDUCED BY

261

FLEXIBILITY* With an 83% improvement on forward heel slip and 50% improvement on forward flat slip.

SOLE GRIP INCREASED

Without changing the fit (last remains identical) this reduced weight takes the equivalent of 1,3kgs off the back and reduces the energy exerted by 2,8% per step. *based on size 8

SRC SLIP

RESISTANCE RATING We’ve improved the flexibility of the sole unit, when compared to the first generation TRAX. This improves durability at critical flex points and improves blood circulation throughout the body, which is associated with less fatigue and better focus. *based on the ISO 20345 Flex Test

MUNICH 2.0 21002

BREMEN 2.0 21001

TAHOE 21021

ALPINE 21019

Ready to take the next step?

To find out more about the Trax range, we’ve got all the information and more on our website www.bova.co.za.

AMATHOLE 21018

HIKER 2.0 21013

A DV ER T ORI A L T HUNGEL A

Thungela is committed to employee safety and creating value for a shared future

T

hungela Resources Limited listed on the JSE less than a year ago, following a demerger of the thermal coal business from Anglo American in June 2021. Since then, the thermal coal company has made its mark as a business that is deeply invested in the communities where it operates.

At the heart of it all is a sincere commitment to its purpose to: responsibly create value, together, for a shared future.

The company has publicly committed to running a fatality-free business by making every effort to ensure that everyone returns home safely every day. “Safety is one of our core values, it guides the behaviours, decisions, and actions we strive to live up to daily. Safety and health are unconditional and protecting lives is everyone’s highest priority,” says Carina Venter, executive for safety, health and environment at Thungela. “Safety is a personal commitment because we are a family. We do our utmost to care for, protect and support every member of our family.”

SAFETY INITIATIVES The coal mining company’s safety strategy is based on three pillars: back to basics, work management and culture change. “We take the wellbeing of our employees seriously and strive to be a fatality-free business and

an employer of choice in the local mining industry,” says Venter.

Thungela’s BeWell programme serves its 7 000 employees, 100 of which work in the head office with the rest employed across its six mining operations. The programme takes care of all employees’ physical and mental health through safety checks, individual health assessments (including HIV/Aids and COVID-19), counselling and ongoing support. It even provides financial health counselling.

Some of the elements of Thungela’s ”back to basics” pillar include rigorous planning, change management, workplace design, training and adequate supervision. The “work management” pillar focuses on ensuring that each shift is adequately resourced, and the “safety culture” pillar refers to a change management programme to ensure that all the leaders in the business are adequately equipped and trained to maintain proper safety standards on the ground.

The company also maintains an “accountability framework” that rewards teams for doing things well, but also holds them to account for safety violations.

All safety risks at Thungela’s operations are monitored weekly, monthly, quarterly and annually to produce rich data that can provide “leading indicators” that are shared with leaders in the business to effectively manage risk hotspots and blindspots.

“SAFETY IS ONE OF OUR CORE VALUES, IT GUIDES THE BEHAVIOURS, DECISIONS, AND ACTIONS WE STRIVE TO LIVE UP TO DAILY. SAFETY AND HEALTH ARE UNCONDITIONAL AND PROTECTING LIVES IS EVERYONE’S HIGHEST PRIORITY.” – CARINA VENTER 4

SAFETY

A SUCCESSFUL SAFETY CULTURE Thungela’s overall safety strategy builds a culture of accountability, ensures that all work is scheduled and well planned and that proactive monitoring and critical controls are always in place, especially for high-risk activities.

Above all, a culture of caring is instilled in all employees and the company strives daily to be a learning organisation that self-reflects and uses technology to continually improve its safety outcomes. “We’ve made safety a part of our organisational DNA,” says Venter.

Thungela constantly evaluates its incident frequency rates with its peers and benchmarks best practice. In 2021, Thungela reported an improvement in safety performance with a Total Recordable Case Frequency Rate of 1.35 compared to 1.51 in 2020.

➔ Scan this QR code to go directly to Thungela Resources’ website

For more information: www.thungela.com

IMAGES: SUPPLIED

THE COAL MINER WITH A HEART OF GOLD

But by far, one of the most creative safety strategies is Thungela’s Thunopoly Safety Challenge – a highly effective initiative using the principles of gamification to bring energy and engagement into the ongoing safety management of the business. A mash-up between the classic Monopoly game and Thungela’s operational map, the company’s managers play the dice game every week to go on interesting safety assignments. The game challenges each leader in the business to go above and beyond in real life to implement safety excellence across the business. “It’s a lot of fun and creates plenty of energy, which has had a very positive impact on the business,” says Venter.

MINING

PROTECTING

MINEWORKERS IS MORE THAN JUST A SAFETY ISSUE

Prioritising the safety of the working class in the mining industry remains crucial for protecting the prospects of not only the sector, but also the overall trajectory of the country’s economy, writes LEVI LETSOKO

IMAGES: ISTOCKPHOTO.COM, SUPPLIED

T

he mining sector makes up around 20 per cent of South Africa’s gross domestic product, placing it in the country’s top three most influential industries. South Africa’s economy is heavily reliant on the deliverables from mining companies, despite the drawbacks resulting from production-related hazards.

Benjamin Nevondwe is the founder of Phumandi Power House, an enterprise that has done extensive work offering health and safety interventions in the mining sector. His role involves preparing a task analysis in mining operations and laying out a strategy that fully details the steps to be taken to adequately counter the risks in mining production processes.

“Having measures to mitigate or minimise risk or any form of occupational hazard is of huge importance. Identifying any potential threats to human life on-site or any potential property damage and environmental impacts and managing them in real-time is crucial,” says Nevondwe. “One is judged on being able to walk the talk, building credibility through the consistent implementation of the set safety benchmarks and timeous interventions.”

Industry monitoring structures such as the SA Council for the Project and Construction Management Professions (SACPMP) and the Chamber of Mines are tasked with ensuring that both companies and labour comply with the requirements set out in the strict employment and mining operations policies. They also ensure that transparent interventions are launched timeously in times of procedural contraventions.

Mining executive Eric Mabuza says it is vital to identify and assign qualified health and safety professionals or companies, and constantly provide skills programmes in this area of the mining ecosystem, in line with industry watchdogs’ recommendations. This allows mining companies to broaden their contribution to preserving labour and ensuring the sustainability of long-term transformation efforts that have a direct impact on the sector’s market performance and human life preservation.

The safety of the labour force remains a concern for industry observers and the men and women who slide into dangerous tunnels, often risking their own lives to avoid unemployment.

Multiple issues faced by workers have highlighted an urgent need to re-establish the importance of human dignity in the workspace. Equally important is the facilitation of cohesion-building environments that mitigate the impact of human-to-human hurdles.

“I believe the mining sector needs to introduce programmes that highlight the importance of understanding and managing cultural differences and the importance of respecting and accepting diversity in the workplace,” says Nevondwe.

A 360-degree approach is necessary to ensure safety in mining, he adds. Because people, in general, do not take safety seriously until something terrible happens.

Thus, the biggest challenge is ensuring that protocols are adhered to, even in the absence of safety professionals.

“IDENTIFYING ANY POTENTIAL THREATS TO HUMAN LIFE ON-SITE OR ANY POTENTIAL PROPERTY DAMAGE AND ENVIRONMENTAL IMPACTS AND MANAGING THEM IN REAL-TIME IS CRUCIAL.” – BENJAMIN NEVONDWE

FAST FACT

By mid-December 2021, some 72 people had died in South African mines, the second successive year of safety regression. In 2020, the industry recorded 60 fatalities compared to 51 in 2019, which was the industry’s lowest number of fatalities.

Source: Minerals Council South Africa

CONSISTENCY AND EFFICIENCY ARE KEY Mabuza believes that mining companies must be consistent in adhering to safety regulations. He points out that the workspaces for mining professionals, specifically on-site mining operations, are naturally hazardous environments. For this reason, it is important to uphold regulations that push for mining companies to have a business model that is directly influenced by their input. In this way, they can quell any potential threats, direct or indirect, posed by the geographic elements.

“From management, right through to on-site professionals, support structures in mining have to involve constant revision of standard practices and adapting to new methods and trends.

Healthy working environments are non-negotiable, including in this sector,” says Mabuza.

“Having an efficient OHS professional is key to ensuring that the processes are well guided and documented to guarantee that production is not prioritised to the extent that health and safety are compromised for the sake of increased output,” he concludes.

Benjamin Nevondwe

SAFETY

5

R A IL NE T WORK OPEN ACCESS

It’s almost impossible to maintain commuter and public safety on a rail network that’s being stripped of its elements daily, writes TREVOR CRIGHTON

V

andalism of South Africa’s rail network is well documented. While some lines and routes have been rendered entirely inoperative because of this destruction, vandalism also poses risk to the safety of operators, commuters and bystanders on functioning lines. In the 2020/21 period, 8 052 security-related incidents were recorded on the network, 79 per cent of which were theft-related.

“There is no doubt that the condition of the rail network is in dire straits, but operators are on a drive to restore the infrastructure including trains and stations to its former glory,” says Tshepo Kgare, chief operation officer at the Railway Safety Regulator (RSR).

“Criminality is the biggest safety threat with cables and components perpetually being stolen. Measures to arrest this situation are being put in place, but the root cause is multidimensional and requires a collective effort by many partners, Tshepo Kgare including the public sector and citizens.

The operators, in partnership with other state departments such as the SAPS and legal private security firms, are addressing this issue.”

Mandisa Mondi, Transnet Freight Rail executive for safety, says that Transnet Freight Rail infrastructure is under attack from highly organised cable theft syndicates. “Some 395km of cable was stolen in 2019/2020, 700km in 2020/2021 and more than 1 000km thus far in the financial year ending 2022. R400-million has been spent on replacing stolen cables for the 2022 financial year,” she says.

6

SAFETY

“The Transnet Freight Rail network traverses the length and breadth of South Africa over thousands of kilometres, and it is therefore extremely difficult to guard every inch of it, 24/7. We are now utilising the latest security technology to safeguard our assets, like drones and rapid response teams. Security guards on horseback are also patrolling the lines where there is rough terrain.

“Theft and vandalism of rail infrastructure impact not only operations, but also safety. The increasing encroachment of illegal settlements on or next to the rail reserves, motorists failing to stop at level crossings, and historical underinvestment in ageing infrastructure also contribute to safety challenges,” she says.

COMBATING THEFT AND VANDALISM To help manage safety, Transnet has a security strategy and has deployed technology to help combat theft and vandalism. It also operates rail network maintenance programmes and aims to replace critical track components timeously, as well as deploying trackside technology to improve condition-monitoring processes and has an integrated competency development process aimed at providing required knowledge and skills.

Outside of looking after the infrastructure, Transnet also engages with municipalities and government departments to improve planning for safer and harmonious coexistence and has railway safety awareness programmes for schools, communities (on billboards) and road transport users.

Focusing on stamping out crime, Transnet has partnered with various scrap metal dealers, SAPS, judiciary and local communities, and approached government with a request to reintroduce railway police, and the judiciary to mete out harsher punishment in prosecutions.

It has also, in collaboration with the export coal customers through the Richards Bay Coal Terminal, engaged government on the possibility of banning the trading of copper or scrap metal in general.

The RSR also runs various education and awareness campaigns aimed at commuters, communities living adjacent to railway lines, motorists who cross the tracks at designated level crossings, and the public.

“The campaigns provide basic information regarding the unsafe behaviour of commuters, motorists, pedestrians, and communities. This includes messaging to always expect a train and to cross level crossings swiftly, and only when it is safe to do so,” says Kgare.

IMAGES: SUPPLIED

GOING OFF THE RAILS

Transnet has launched the much-anticipated bidding process for 16 rail slots, which will be sold to third-party operators for a period of two years on a take-or-pay basis.

Various slot configurations will be considered within the 16-slot allocation, including assigning some of the container slots to agriculture cargoes arising from Bethlehem or Polokwane.

Tshepo Kgare, chief operation officer at the Railway Safety Regulator (RSR) says that it is not unusual for multiple users to share rail networks while regulated by a public regulator that provides oversight. “The Railway Safety Regulator currently regulates various railway operators, including major state-owned enterprises such as Transnet, which also have customers who run on limited areas of the network (typically within the sidings up to the exchange yards).”

The RSR is capable of regulating multiple operators as well as Transnet’s customers, who will also be issued with safety permits. In other words, the current regulatory regime of the RSR can provide adequate regulatory capability in the case of open access to the rail network.

“It is expected that all operators will be required to have safety permits for their specific category and that interface agreements will be updated in line with RSR’s interface management framework,” says Kgare. “The RSR will continue to be responsible for improving safety performance in the rail industry and review and assess third-party operator applications. All operators must implement safety management systems and abide by safety regulations and standards. With the increased activity on the network, the RSR would need to increase its compliance monitoring efforts.”

T R A NSP OR T

FAST FACT

Road traffic crashes cost the South African economy R142.6-billion in 2020.

Source: Road Traffic Management Corporation

UNDERSTANDING

THE SCOURGE OF ROAD ACCIDENTS South Africa has an appalling road death rate of nearly 26 per 100 000 people. ANTHONY SHARPE finds out why

R

oad traffic fatalities have shown a gradual decrease over the past five years, from 12 944 in 2015 to 12 503 in 2020, according to the Road Traffic Management Corporate (RTMC).

Nevertheless, Automobile Association (AA) spokesperson Layton Beard doesn’t believe things are improving. “Looking at the festive season statistics, we see a 14 per cent increase in the number of deaths from the previous year, which is an indication we’re heading in the wrong direction.”

As for the reasons behind South Africa’s continuing scourge of accidents, Beard says there’s no simple answer. “There’s this narrative that 85–90 per cent of crashes are caused by human error, and that other factors like road and environmental conditions only contribute a small proportion.

The AA views that narrative as flawed.”

Beard says nearly 40 per cent of those killed in accidents are pedestrians.

“Where we have people running across busy highways, walking on roads where it’s unsafe to do so or at times of day when they’re not visible, is that human error? Or is it a problem of infrastructure?”

He says we need to ask if the streets pedestrians are using are fit for purpose. “Are there proper pavements? Are the street lights working? Are there road markings and pedestrian crossings? Or are people forced into dangerous situations because it’s not convenient to do otherwise?”

IMAGES: ISTOCKPHOTO.COM, SUPPLIED

Lee Randall

PUBLIC TRANSPORT

Key to infrastructure is the availability and safety of public transport. Lee Randall, post-doctoral research fellow at Priceless, Wits University and founder of the Road Ethics Project, cites recent comments by Minister of Transport Fikile Mbalula, who said that in 10 years, a city like Johannesburg will be utterly congested. “But that’s only if we continue along our current path. What he should be saying is that we need far more people using public transport.”

Randall points out that the backbone of our public transport industry is minibus taxis, which take much of the blame for the carnage on our roads. “These are privately owned, run on a for-profit basis, and hugely unsustainable. The vehicles are old, the passengers are poor, the drivers are

“ALL ROAD USERS, INCLUDING DRIVERS, PEDESTRIANS AND PASSENGERS, NEED TO BE EDUCATED.” – LEE RANDALL

exploited and fatigued. It’s an ethical travesty that 70 per cent of commuters rely on this industry, but it receives only 1 per cent of government subsidies.”

EDUCATION Although the number dropped precipitously due to the COVID-19 pandemic, in 2019, 8 658 schools were involved in road safety education programmes, according to the RTMC. That’s just a third of the roughly 25 000 schools in the country.

The quality of the education is also lacking, says Randall. “Our road safety training at basic school level is very poor. During 12 years of basic education, a child receives an hour or two annually of road safety education. Kids in Germany, for example, will receive 30 hours of in-depth, insightful education covering law, crash risks and ethics.”

He says this needs to extend beyond school level, however, with lifelong, ageand circumstance-appropriate education.

“Law enforcement in South Africa is not the most effective means of making roads safer.

Education is about awakening our inner traffic cops and guiding principles. That means all road users, including drivers, pedestrians and passengers, need to be educated.”

ENFORCEMENT Of course, law enforcement has a significant role to play, and it’s here that South Africa fares poorly, believes Beard. “Road safety enforcement in South Africa is constrained by several elements, one of which is that there aren’t enough law enforcement officers.”

Moreover, even if offenders are caught and charged, the system that supports them is flawed. Beard gives the example of the mooted legislation to reduce the legal blood-alcohol limit from 0.05 to 0.00 per cent. “The argument is that if you take alcohol out of the mix, your fatality rates will drop. However, the AA believes the current legislation is strong and in line with international trends.

“The first problem is that if you are stopped for drunk driving, the officer has to take a blood sample. It presently takes 11–12 months to process that sample.” The second problem is that once that sample has been processed, prosecutions remain low. “In 2018, only 6-7 per cent of people arrested for drunk driving were prosecuted.”

SAFETY

7

OCCUPAT ION A L HE A LT H A ND S A F E T Y

BALANCING

VACCINE MANDATES AND

EMPLOYEES’ RIGHTS

The implementation of vaccine mandates in the workplace has been controversial. BENJAMIN VAN DER VEEN unpacks the current situation

8

SAFETY

divide the public and law professionals – some believing the verdict to be fair and in line with the vaccine mandate directions given by the Department of Employment and Labour to employers regarding the OHSA. However, others believe that the rulings are not final. When questioned within a Constitutional Court, the CCMA’s judgements may be overturned as per section 36 of the Constitution.

A LEGAL VIEW To help answer any questions that the general public may have regarding the vaccine mandate in workplaces, we spoke to Timothy Hunter, sole proprietor of Hunter & Co, a law firm specialising in commercial law, family law, and civil litigation.

Q: What options do unvaccinated employees have when faced with suspension or termination?

OHS REQUIREMENTS The Occupational Health and Safety Act (OHSA), read with its regulations and incorporated standards, requires the employer to provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risks to the health of workers, and to take such steps as may be reasonably practicable to eliminate or mitigate the hazard or potential hazard.

The OHSA further requires employers to ensure, as far as is reasonably practicable, that all persons who may be directly affected by their activities (such as customers, clients or contractors and their workers who enter their workplace or come into contact with their employees) are not exposed to hazards to their health or safety. This obligation also applies to self-employed persons, for example, plumbers or electricians whose working activities bring them into contact with members of the public.

Source www.gov.za

IMAGES: ISTOCKPHOTO.COM, SUPPLIED

W

hile the COVID-19 vaccine is not a mandatory requirement for the general public, businesses have been given the option of implementing a mandatory vaccination policy under the Occupational Health and Safety Act (OHSA).

The Department of Employment and Labour has released directions regarding the COVID-19 virus and the OHSA. These allow employers to complete a risk assessment to determine whether or not they will make the vaccination of employees mandatory.

The employer’s decision must be based on operational requirements and a completed risk assessment. Then, employers may decide to make vaccinations mandatory in certain instances for all employees or only some employees.

Speaking at a company webinar event, Mehnaaz Bux, an employment specialist at law firm Webber Wentzel, explained that it is the employer’s obligation to take reasonable and practical measures to ensure a safe workspace.

She also said that there are only two ways to avoid the mandate from an employee perspective: constitutional and medical grounds.

Recent rulings by the Mehnaaz Bux CCMA have seemed to

A: Employees would have very few options, provided that the employer has valid reasons for enforcing the vaccine mandate. Employees would need to decide whether it is worth risking their jobs to remain unvaccinated. Should they decide to remain unvaccinated, they should immediately approach a labour lawyer to assist them with the process.

Dismissal would have to be based on operational requirements, and the employer must consult with the employee first to try to avoid termination, which would be the last resort.

Q: In the case of section 36 of the Constitution, under what terms would the vaccine mandate be considered lawful?

A: Section 36 of the Constitution is the general limitation clause. No rights are absolute in South Africa, and section 36(1) states: “The rights in the Bill of Rights may be limited only in terms of law of general application, to the extent that the limitation is reasonable and justifiable in an open and democratic society, based on human dignity, equality and freedom, taking into account all relevant factors, including: • The nature of the right; • The importance of the purpose of the limitation; • The nature and extent of the limitation; • The relation between the limitation and its purpose; and less restrictive means to achieve the purpose.

(2) Except as provided in subsection (1) or in any other provision of the Constitution, no law may limit any right entrenched in the Bill of Rights.”

Your right to bodily integrity, as enshrined in section 12 of the Constitution, can therefore be limited if that limitation applies to everyone generally, and is considered reasonable and justifiable, taking into account the above factors. If both of these questions are answered in the affirmative, a vaccine mandate would be lawful.

SHIPPING

FIRES ON VESSELS A MASSIVE SAFETY ISSUE The number of fires on board large vessels has increased significantly in recent years, writes CAPTAIN RAHUL KHANNA, global head of marine risk consulting at Allianz Global Corporate & Specialty (AGCS)

IMAGE: ISTOCKPHOTO.COM

A

lthough shipping losses have halved over the past decade, fires on board vessels remain among the biggest safety issues for the maritime industry, as demonstrated by recent incidents involving the Felicity Ace cargo/roll-on/roll-off (ro-ro) ship, which caught fire in the Atlantic while carrying thousands of cars and the Euroferry Olympia passenger ferry fire off the coast of Greece.

Analysis from Allianz Global Corporate & Specialty (AGCS)’ annual Safety and Shipping Review report shows that the number of fires on board large vessels has increased significantly in recent years. There was a record 40 cargo-related fire incidents alone in 2019, effectively one every 10 days. Across all vessel types, the number of fires/explosions resulting in total losses hit a four-year high of 10 at the end of 2020. This accounted for around one in five total losses around the world.

It is worth noting though that the shipping industry has seen its safety record improve significantly over the past decade, with the number of total losses now at record lows.

However, fires on car carriers, ro-ro ferries, container ships and other vessels remain among the biggest worries for the sector, as demonstrated by the recent rise in incidents.

This is because ro-ro and car carrier vessels can be more exposed to fire and stability issues than other vessels, and require additional emphasis on risk management. To facilitate the carriage of automobiles, the internal spaces are not divided into separate sections like other cargo ships. The lack of internal bulkheads can have an adverse impact on fire safety, and a small fire in one vehicle or battery can grow out of control very quickly.

LARGE VESSELS MORE SUSCEPTIBLE TO FIRE Vehicles are not easily accessible once loading has been completed. The large volume of air inside the open cargo decks provides a ready supply of oxygen in case of fire. At AGCS, we look deeply into the risk management of operators and have worked with several companies operating ro-ro vessels to agree on a robust risk management programme.

Container ship fires often start in containers, which can be the result of nondeclaration or misdeclaration of hazardous cargo, such as chemicals and batteries. When misdeclared, these might be improperly packed and stowed on board, which can cause ignition, and may also complicate detection and firefighting. The larger the number of containers on board, the higher the probability that at least one could

FIRES ON CAR CARRIERS, RO-RO FERRIES, CONTAINER SHIPS AND OTHER VESSELS REMAIN AMONG THE BIGGEST WORRIES FOR THE SECTOR, AS DEMONSTRATED BY THE RECENT RISE IN INCIDENTS.

KEY FINDINGS FROM THE AGCS SAFETY AND SHIPPING REVIEW • The ro-ro cargo ship, the Grande America, sank after its cargo of vehicles and containers caught fire in March 2019. In June 2020, a blaze on the car carrier Höegh Xiamen lasted for eight days before being extinguished, while ro-ro passenger ferry Cruise Bonaria also suffered a fire.

• Fire/explosion is the third top cause of total losses of shipping vessels over the past decade (2011 to 2020), with 99 reported total losses, accounting for around 11 per cent of total losses overall. The two top causes of total losses are foundered (54 per cent) and wrecked/stranded (20 per cent).

• Cargo vessels account for 40 per cent of total losses over the past decade.

(348 out of 876). Passenger/cruise ships account for less than 10 per cent (69 out of 876).

• Fire on board vessels is the fifth top cause of shipping incidents overall around the globe. There have been over 1 700 reported incidents over the past decade – across all vessel types – accounting for around seven per cent of all reported incidents.

ignite and cause a fire, and the harder it is to contain and extinguish it.

Another contributing factor is the fire detection and fighting capabilities relative to the size of the vessel. Vessels continue to become larger every year, and major incidents have shown fires can easily get out of control and result in the crew abandoning the vessel on safety grounds, thus increasing the size of the eventual loss. While awareness of this problem has been growing, it remains a major concern.

SAFETY

11

T ECHNOL OGY

AND SAFETY TRAINING

Virtual reality provides an emulated version of a real-life dangerous situation, allowing the learner to experience and address the associated risks in a safe yet somewhat real environment, says NATALIE PITOUT, innovation manager at KBC Health and Safety

U

sing virtual reality (VR) as a medium for safety training improves knowledge retention and serves as a continual reminder to work safely. It equips learners with the practical experience to ensure they work smarter and helps reduce safety risks.

As the user is completely immersed in a virtual environment and essentially shut off from the real world, they have no option but to give the job at hand their full attention. As a result, tasks are typically learned much quicker, and information is retained for longer.

VR allows learners to experience a simulated version of real-life dangerous scenarios where they can learn to mitigate the associated risks while being in a safe place. The advantage is is that it is not a real-life situation that could result in a possible fatality.

Instead, wrong actions can be addressed safely and proactively. VR should not be a stand-alone competency module, but should form part of a blended learning approach. Blended learning means there is a theoretical component designed to impart the necessary knowledge, which learners are assessed on, followed by a VR experiential component using headset goggles. This is completely different to virtual training, which is essentially instructor-led training in a virtual environment.

Here learners simply log in to a platform like Zoom or Microsoft Teams and receive training as if they were in an actual classroom environment.

IDENTIFYING HAZARDS AND RISKS A major benefit of VR is that people from different industries can be put together in one room with the same virtual setting. For example, coal and platinum miners can be together to identify common hazards in their respective segments. It means we can see how different workers react in different situations.

BY INTRODUCING ANALYTICS ON THE BACK END, THE COMPANY CAN REACH THE POINT WHERE IT CAN DEFINE THE RISK RATING THAT A PARTICULAR EMPLOYEE OR CONTRACTOR POSES TO A COMPANY WHEN ON-SITE. 12

SAFETY

Natalie Pitout

• Immersive learner experience • Virtual environment • Learners tend to learn much quicker with practical experience • Information is retained better by the learner • Safer learning environment • VR safety training allows for endless repetition • Allows you to test and evaluate your safety procedures • Provides insightful evaluation of problem areas.

KBC is a holistic provider of onboarding solutions in Southern Africa, as well as induction and other training solutions across the mining industry.

By introducing analytics on the back end, the company can reach the point where it can define the risk rating that a particular employee or contractor poses to a company when on-site.

Analytics will identify if people are making the same mistakes or recognising similar risks. It could even bring out another training need. For example, if in a working-at-height environment simulation, people make the same mistakes, the identified hazards or risks will be pointed out to the clients and an appropriate VR simulation suggested to remedy that problem. It may be that only a refresher course is required rather than more intensive retraining.

The COVID-19 pandemic has seen an increased interest in interventions like VR. It has pushed clients to learn how to use the technology and incorporate it in their training programmes.

KBC collaborates with various business partners responsible for the technology, while it, as the training specialist, continues to carry out the necessary training interventions. We work hand in hand to produce the modules, providing guidance on what we require and how to build the simulation.

A key focus for our roll out is expected to be the Centralised Induction Training Committee (CITC) in Richards Bay, which has expressed a keen interest in the offering. The CITC is very open to new thinking and technology. It is not only invaluable for us to have such a partner, but it is also hugely beneficial to the mining industry.

Due to the trying times as a result of COVID-19, it is important to make organisations more aware that training services like VR exist, which will allow them to deal with any problems before contractors go on-site.

IMAGES: ISTOCKPHOTO.COM, SUPPLIED

VIRTUAL REALITY

ADVANTAGES OF VIRTUAL REALITY

CYCLISTS ARE DADS, MOMS, BROTHERS AND SISTERS PLEASE GIVE THEM SPACE ON THE ROAD

GIVE CYCLISTS AT LEAST 1 METRE WHEN PASSING

PPA

www.fishgate.co.za_NS_13020

NEW

GET ARMED & MEDICAL RESPONSE WHEREVER YOU ARE. For just R69p/m Introducing Netstar Companion, our new personal on-demand Armed & Medical Response service.

Simply tap your Netstar Companion app OR shake your phone to activate panic mode & emergency video recording – wherever you are.

010 822 9288 | www.netstar.co.za