Stephen Petersen worked for Exacto Craft for the past 11 years as a Foreman Toolmaker. In May 2003 Petersen visited a clinical psychologist with qualifications in neuropsychology after his wife complained about his memory loss. This doctor referred him to the unit specialising in industrial related injuries and diseases at Groote Schuur hospital.
Petersen worked with:
Di-electric fluid
Trichloroethylene (TCE) and a
Spark eroding machine – which emits hydrocarbon vapors and metal particles.
Hydrocarbons are associated with neurotoxicity while TCE is particularly dangerous as well as di-electric fluid. Dr Water Naude, the public health specialist at Groote Schuur Hospital , diagnosed Petersen with an occupational disease called encephalopathy, a condition which affects the brain tissue. This is caused by organic solvents.
A claim was forwarded to theOffice of the Compensation Commissioner, stating that Petersen worked with solvents including TCE and dielectric fluid and that he could have absorbed the chemicals either by inhalation or through the skin.
The Clinical Psychologist noted in her report that if Petersen continued to work in this dangerous environment, permanent brain damage was highly possible.
The employer subsequently removed Petersen from the small tool room where he used to work. Some sort of extraction fan was put in place after the Department of Labour and Petersen’s specialist from Groote Schuur hospital had visited the company. But Petersen feels that these measures are not enough and worries about those workers who never complained nor went for any medical tests.
The Office of the Compensation Commissioner has finalised his claim at 10% disablement. However Numsa together with the Industrial Health Research Group are now investigating whether this 10% disablement is legitimate.
Campaign launched
Meanwhile, the Western Cape region has launched a health and safety campaign to identify companies that have health hazards and don’t comply with the Occupational Health and Safety act. The campaign will include:
– Legal challenges where unscrupulous employers undermine legislation.
– Drawing in the Department of Labour to go on whistle stop visits to companies which the union has identified as contravening health and safety regulations
– A drive for the election of democratic health and safety committees in all workplaces which will ensure that employers take up their responsibilities with regard to occupational health and safety.
– Ensuring that we expose bad employers through demonstrations.
– Making calls for the blacklisting of employers insofar as it relates to government contracts and tenders.
– Calling on government to make available funds so that specialist occupational health and safety clinics for workers can be established.
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Put health and safety on your agenda
Selinah Tyikwe
The Government is reviewing occupational health and safety and workers’ compensation legislation and its institutional capacity to support the new laws.
This process started in 1999 with a Cabinet decision calling for the integration and consolidation of the institutions and laws regulating occupational health and safety and workers’ compensation.
The labour caucus held at the beginning of March recommended that we use the Mine Health and Safety Act as our benchmark. We have also circulated the Mine Health and Safety Act to regions to assist discussions.
The proposed Bill has been circulated to all Numsa regions for them to submit amendments. The process will unfold as follows:
April 13: Numsa national health and safety working committee and the legal department will meet to consolidate regional amendments.
April 15: Cosatu national health and safety meeting to consolidate affiliates’ positions.
April 22: Labour Meeting at Nedlac to consolidate Federation’s positions.
At this stage we do not know when the Bill will be tabled in Parliament.
Numsa has proposed changes to Cosatu dates to give Numsa an opportunity to present its consolidated position to our next constitutional meeting.
Regions are called upon to participate fully and meaningfully in the development of the new legislation.
The review process offers the labour movement an ideal opportunity to entrench and advance gains made by workers.
Meanwhile Numsa has decided on these health and safety activities for 2005.
MONTH
ACTIVITY
February 2005 – May 2005
Regions to establish regional local health and safety structures
June 2005
Regions to launch regional health and safety structures and capacity building for elected regional/local health and safety office bearers. Develop programme to establish and revive factory health and safety committees. (The law says that there must be one health and safety representative per 50 workers. Employers must “consult” workers on how these reps must be chosen and how long they must serve.)
July 2005 – September 2005
Identify companies that are not complying with health and safety regulations (‘bad’ employers) and develop action plan to be effected in October.
August 2005
Three day national capacity building workshop which will also consolidate action plans and develop long-term national health and safety programme for implementation for 2006.
October 2005 – Health and safety month
All Regions to focus on health and safety with activities against identified ‘bad’ employers.
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Remember April 28 – World day for safety and health at work
Last year 2.2 million workers across the world were killed at work – that’s one death every fifteen seconds. In addition, 270 million non-fatal accidents take place, and over 160 million work-related diseases occur every year. Serious questions remain unanswered over the number of children killed each year at work; some 22 000 who should have been at school.
The Asian tsunami roused a huge global response. Yet the world’s workers are faced with the equivalent number of deaths every five weeks through accidents at work. Unlike a natural disaster, however, these deaths should have been prevented.
Remember April 28!
[An edited version of International Metalworkers Federation, General Secretary, Marcello Malentacchi]