life
5 February 2007
Labour Minister Membathisi Mdladlana has welcomed the Odendaalsrus
Magistrate Court ruling, against an employer who violated the Occupational
Health and Safety Act (OHSA) regulations.
In one of major breakthroughs in occupational health and safety related
incidents, an employer of Zenco Engineering Company in Odendaalsrus, outside
Welkom in the Free State, was last week found guilty and sentenced to pay a
fine of R50 000 or 12 months imprisonment for exposing his employees to unsafe
working conditions.
The court had found that Willem Vosloo, the employer of Zenco Engineering
Company contravened the OHS Act, after Jonas Ramotsehoa, a welder employed by
the company was strangled to death by a drilling machine while trying to clean
it in 2004.
The Department of Labour instituted a formal investigation into the incident
and a recommendation for a possible prosecution was referred to the National
Public Prosecutions Authority. The Labour Inspector's findings during the
formal investigation revealed that lack of training, supervision and proper
work procedures of operating machinery were the main cause of the fatal
incident.
The deceased, then 64 years old sustained multiple head injuries as a result
of the accident.
The court found that Vosloo failed to conduct a risk assessment to establish
hazards to health and safety and did not apply any precautionary measures for
his employee when operating machinery as required by the General Machinery
Regulations.
The sentence was suspended for five years on condition that he will not be
found guilty of the same offence within the set period. Regulation 4(1) of the
General Machinery Regulations indicates that an employer or user of machinery
shall ensure that every person authorised to operate machinery is fully aware
of the dangers attached thereto and is conversant with the precautionary
measures to be taken or observed to obviate such dangers.
Enquiries:
Zolisa Sigabi
Cell: 082 906 3878
E-mail: Zolisa.sigabi@labour.gov.za
Issued by: Department of Labour
5 February 2007
