Construction workers without personal protective equipment, unsafe scaffolding, failure to pay the national minimum wage, no UIF, no Compensation for Occupational Injuries and Diseases Act (Coida) registration, and a fake construction permit: these are some of the 11 contraventions uncovered during a labour inspection in Clayville that saw 65 undocumented migrants and their employers arrested.
The blitz operation on Friday, led by deputy minister of employment and labour Jomo Sibiya and Ekurhuleni mayor Nkosindiphile Xhakaza, targeted two construction sites in Clayville Extensions 80 and 8.
According to Thobeka Magcai, ministry spokesperson, inspectors identified multiple breaches of Occupational Health and Safety (OHS) regulations, including ergonomics violations, a lack of risk assessments, such as noise surveillance and heat monitoring, and inadequate personal protective equipment (PEE) for workers.
“There were no contracts of employment and payslips. The companies did not remunerate the employees in accordance with the national minimum wage and did not comply with the regulated working hours.
“Eleven contravention notices were issued after the employer failed to submit the employees’ information. Furthermore, the main contractor received two prohibition notices: one that prohibits the use of scaffolding and another for failing to provide workers with PPE,” said Magcai.
According to Magcai, the employer is not registered with the Unemployment Insurance Fund. He also failed to submit information on the Coida.
Magcai said at least 65 undocumented foreigners were arrested together with their employers during the raid. She added that companies said to be involved were slapped with a prohibition notice and ordered to shut down their operation after producing a fake construction permit.
The construction sites in question are flats for rental and low-cost income housing commissioned by the department of human settlements. According to Magcai, Tri-Star was hired as the main contractor and Valumax as a developer.
“The developer, Central Development Project, employs 15 and is contracting 19 subcontractors. The main contractor is Tri-Star, which had 47 South Africans and 12 foreigners.
“The number of employees from subcontractors was not confirmed on the day of inspections, as many were not on site. Compliance orders were issued to contractors for failure to provide information about the number of employees they employ.”
Magcai said the first site was halted for the contractors to comply with safety standards for their daily work activities, while the second was only stopped on activities in relation to the unsafe use of scaffolding as per safety standards.
“The sites were halted for the contractors to comply with safety standards for their daily work activities. The sites remained guarded by security, and the contractors were expected to work over the weekend to rectify the non-adherence to the safety standards. Follow-up inspections will be conducted when the notices expire.”
She said the department has engaged Central Development Project and Valumax, who are the developers.
“We had a discussion with their representatives. They have taken responsibility to deal with the non-compliances.”
Valumax could not be reached for comment by Sowetan. Tristar committed to respond on Tuesday.
Michelle Banda
www.sowetanlive.co.za
