SA health and safety law update; 8 July 2013

UPDATE 2013 JULY 8; New occupational health and safety law, including environment, enforcement, policies, and standards, are summarised here.

Construction management systems comment

SANS 1393 Construction management systems. Comments are due by 12 August 2013 to vuyo.dokoza@sabs.co.za

ISO to develop OHSAS 18001

A new ISO Project Committee, ISO PC 283, has been established to develop the stand-in Occupational Health and Safety standard, OHSAS 18001. ISO initiatives initially failed some years ago, as business feared onerous requirements to comply with the voluntary standard, and reduced elements to mere legal compliance level. The first meeting of the Project Committee is being planned for 2013, although there is no plan to call an OHSAS Project Group meeting yet.

Road transport inspections

SANS 1157: 2013 Transport of dangerous goods; inspection requirements of road vehicles for the issue of municipal dangerous goods transport permits, but DTI. See Government Gazette 36485 of 31 May 2013, Notice 375

Railway safety ops standards

SANS 3000-2-5:2013/RSR 2-5: 2013 Railway safety management Part 2-5: Technical requirements for engineering and operational standards, operational principles for safe movement on rail, by DTI. See Government Gazette 36485 of 31 May 2013, Notice 375.

SA Waste Information System offline

The SA Department of Environmental Affair’s SA Waste Information System, SAWIS, is offline due to a change in service providers. The new website address will be http://sawic.environment.gov.za but a re-start date is uncertain. Call 012 310 3605.

Security laws

The NCOP has passed, without any further amendments, these security-related Bills in June 2013;
• Criminal Procedure Amendment Bill [B26B-2012] • Protection of Personal Information Bill [B9B-2012] • Dangerous Weapons Bill [B37B-2012] • Prevention and Combating of Torture Bill [B21-2012].

Project managers gain designations

SAQA has published for comment in July 2013, proposed establishment of professional bodies by the South African Council for the Project and Construction Management Professions (SACPCMP), and by Project Management South Africa (PMSA). SACPCMP started registering construction health and safety practitioners and professionals at several levels in June 2013.

MPRD Amendment Act

Commencement of most sections of the Mineral and Petroleum Resources Development Amendment Act, 49 of 2008, was on 7 June 2013. The remaining sections will come into effect later.

SETA grant regulations

BUSA will request the Labour Court to review and set aside the SETA Grant Regulations that came into effect on 1 April 2013. BUSA’s concerns include that the Regulations onerously burden SETAs and require excessive government intervention, especially where SETAs are performing well. It is also of concern that the mandatory grant will be significantly reduced to 20% of an employer’s 1% skills levy.

Environmental law update JULY 2013;

Water sampling guide cancelled

SANS 5667-2: 1991 Water quality sampling Part 2: Guidance on sampling techniques, is cancelled (14 June 2013, Notice 415, Gazette 36543)

Industry using less energy

Mbendi (www.mbendi.com) reports that South African energy consumption decreased by 1.7% in the quarter ending April 2013. This is a seasonally-adjusted figure, while manufacturing was 7% higher in April 2013 than April 2012. One possible conclusion is that industry is working 8% more energy-efficient than a year ago.

Carbon tax policy comments

SA National Treasury’s policy paper on carbon tax, is open for comment until 2 August 2013.

“Due to the significant number of uncertainties it is impossible to assess the impact in industryâ€, said CAIA. “A set of questions on the paper is being developed which will be sent to the Minister for formal response.

“A high level briefing document is also being developed to guide an engagement with the Minister.†SA Treasury proposed greenhouse carbon tax at R120 per tonne of CO2 emissions, above suggested thresholds, with annual increases of 10% until 2019/2020.

The plain includes a tax-free threshold of 60%, a 10% tax-free allowance for process emission, and additional relief of up to 10% for trade-exposed sectors, with tax-free operations capped at 90% of verified emissions.

Tax-free thresholds would be adjusted after 2020. A total interventions package was planned to minimise negative impact on industry competitiveness and low-income households, including reductions in electricity levy, various tax exemptions and incentives.

Greenhouse gas (GHG), air pollutants, inappropriate land use, loss of biodiversity, deteriorating water quality and increasing solid waste generation, pose immense challenges to South Africa, said the Parliamentary Monitoring Group. “Climate change has enormous negative potential for developing countries that are dependent on agriculture.â€

Treasury suggested that this was a way for government to level the playing field between carbon-intensive sectors and renewable or energy-efficient technologies, including pricing. CAIA is coordinating comment under BUSA. Contact caiainfo@caia.co.za

Ship recycling standard guide for comment

SANS 30004 Ships and Marine Technology; Ship recycling management systems, guidelines for implementation of ISO 30000. Comments are due by 03 July 2013.

SANS 30005: Ships and Marine Technology; Ship recycling management systems; information control for hazardous materials in the manufacturing chain of shipbuilding and ship operations. Comments are due by 03 July 2013.

NEMA enviro mediators

National Environmental Management Act: Intention to establish accreditation standards for a panel of environmental mediators

Disodium carbonate dumping

International Trade Commission: Notice of initiation of an investigation into alleged dumping of disodium carbonate from the USA

Disaster management comment

Disaster Management Act: Invitation to submit written comments on the Disaster Management Amendment Bill Comments submitted

Remediation standards and norms

National Environmental Management Waste Act; National Norms and Standards for the Remediation of Contaminated Land and Soil Quality in South Africa were published as a notice

Air quality strategy

National Air Quality Act, National Energy Efficiency Strategy (NEES) and a National Energy Efficiency Action Plan (NEEAP) were published as a notice

Source: http://sheqafrica.com/health-and-safety-law/