Non compliance to OHS leads to the closure of major retailer
The Department of Employment and Labour in the Western Cape today closed the doors of a major retailer in Cape Town.
Pick n Pay, located in the Liberty Promenade Mall in Mitchells Plain, was closed today after the inspectorate found the store to be unsafe and in contravention of the Occupational Health and Safety Act no. 85 of 1993.
The inspectorate, accompanied by the South African Police Service (SAPS), ensured that both workers and patrons were escorted from the premises. The Department issued the store with a prohibition notice. The prohibition notice essentially means that no trading will take place at the Pick n Pay and that no worker will be allowed in the store. This notice will stand until the employer addresses all the matters as set out in the prohibition notice.
Some of the contraventions included that the store did not have the proper risk assessment in place; there was a high influx of people in the store and the number of people in the store was not adequately managed; the store could not manage the sanitising of patrons on entry and social-distancing was not observed.
According to David Esau, Provincial Chief Inspector, the employer must provide sufficient evidence that processes have been put in place to address all the concerns raised. “As part of reversing the prohibition notice, the employer must also provide evidence that the store was sufficiently disinfected. This includes all areas of the store, including staff refreshment areas, warehousing and goods receiving areas”, he said.
Esau has on previous occasions confirmed that inspections at workplaces are not meant to be punitive, but instead are meant to ensure compliance. “The intention is not to permanently close businesses, but to get businesses to adhere to the COVID-19 regulations as set out in the law”, he said.
A follow-up visit will be conducted by the Occupational Health and Safety (OHS) inspector once the employer has confirmed that all minimum standards have been put in place to ensure the safety of both employees and patrons visiting the store. If the inspector is satisfied with the efforts of the employer, the prohibition notice will then be lifted.
A warning has also since been communicated with the management of the Liberty Promenade Mall for not putting effective measures in place to ensure social distancing in the mall.
OHS inspectors will continue to visit workplaces to monitor compliance, act on tip-offs and implement the necessary actions where required.
For more information, contact
David Esau
Provincial Chief Inspector: Western Cape
Cell: 082 791 4485
