Winter Illnesses

Winter Illnesses

• Common cold

• Influenza

• Allergies

Possible causes of the increases in frequency of illnesses seen during winter:

• Decreased dietary nutrients

• Decreased levels of vitamin D

• Decreased levels of activity

• Close proximity to sick individuals

• Certain pathogens are more active in dry and cold air

Prevention

• Wash Hands

• Avoid exposure

• Exercise

• Balanced Diet

• Sleep

• Stress management

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, ACT 39 OF 2004: DRAFT DUST CONTROL REGULATIONS

Please note that the Minister of Water and Environmental Affairs, has given notice of her intention to, under paragraphs under paragraph (o) of section 53,read with section 32 of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004), make the national dust control regulations.

This notice of was published in Government Gazette 34307 under GeN309 on 27 May 2011.

Any person who wishes to submit written representations or comments in connection with the draft amendments was invited to do so within 60 days of the date of the notice. Deadline for submissions: 26 July 2011.

By post to: The Director-General: Environment Affairs

Attention: Mr Olebogeng Matshediso, Private Bag x447, Pretoria, 0001

By fax to: (012) 320-1167

By e-mail to: OMatshediso@environment.gov.za

Hand delivered at: 315 Pretorius Street, Corner Pretorius and Van Der Walt Streets, Fedsure Forum Building, 2nd Floor, North Tower

Any enquiries in connection with the draft regulations can be directed to Dr. Thuli Mdluli at (012) 310-3436 or Mr Olebogeng Matshediso at (012) 310-3102.

Comments received after the closing date may not be considered.

We have for your ease of reference, included a copy of the Notice, and Schedule to it.

SCHEDULE

1. Definitions

In these regulations any word or expression to which a meaning has been assigned in the Act has that meaning, and unless the context indicates

otherwise

"the Act" means the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004); "Air Quality Officer" means an officer designated in terms of section 14 of the Act; "ASTM D1739" means the American Standard for Testing and Materials, which is the standard test method for the collection and measurement of dust fall; "dust" means airborne, particulate matter with a diameter smaller than 100 micrometers other than the small particles of carbonaceous matter directly emitted by a combustion process; "dust fall" means the deposition of dust; "light commercial area" means any area classified for light commercial use as per the local town planning scheme; "Minister" means the Minister of Water and Environmental Affairs; "residential area" means any area classified for residential use as per the local town planning scheme;

2. Purpose of the regulations

The purpose of the regulations is to prescribe general measures for the control of dust in all areas including residential and light commercial areas.

3. Prohibition

No person may conduct any activity in such a way as to give rise to dust in such quantities and concentrations that -

(1) The dust, or dust fall, has a detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage, or has contributed to the degradation of ambient air quality beyond the premises where it originates; or

(2) The dust remains visible in the ambient air beyond the premises where it originates; or

(3) The dust fall at the boundary or beyond the boundary of the premises where it originates exceeds

(a) 600 mg/m2/day averaged over 30 days in residential and light commercial areas measured using reference method ASTM D1739; or

(b) 1200 mg/m2/day averaged over 30 days in areas other than residential and light commercial areas measured using reference method ASTM D1739.

4. Dust fall monitoring

(1) An air quality officer may require any person to undertake a dust fall monitoring programme as contemplated In regulation 4(2) if -

(a) the air quality officer reasonably suspects that the person has on one or more occasions contravened regulation 3.

(b) the air quality officer reasonably suspects that the person is contravening regulation 3.

(c) The activity being conducted by the person requires a fugitive emission management plan in terms of any Notice published in terms of Section 21 of the Act.

(2) A dust fall monitoring programme includes the implementation of all reasonable measures required to effectively measure, report and verify compliance or noncompliance with regulation 3 to the satisfaction of the air quality officer.

5. Ambient dust monitoring

An air quality officer may require any person to undertake continuous ambient air quality monitoring in accordance with any Notice published in terms of Section 9 of the Act if a dust fall monitoring programme contemplated in regulation 4(2) or any dust fall monitoring activities undertaken by an air quality officer or on behalf of an air quality officer indicates possible non-compliance with regulation 3.

6. Offences

A person is guilty of an offence if that person-

(1) contravenes a provision of regulation 3.

(2) fails to implement a dust fall monitoring programme as required by an air quality officer in terms of regulation 4.

(3) Fails to undertake continuous ambient air quality monitoring as required by an air quality officer in terms of regulation 5.

7. Penalties

A person convicted of an offence referred to in regulation 6 is liable to -

(1) imprisonment for a period not exceeding five years;

(2) an appropriate fine; or

(3) both a fine and imprisonment.

8. Short title and commencement

These regulations are called the National Dust Control Regulations, 2011 and shall come into operation on a date determined by the Minister by notice in the Gazette

Travellers Being Warned Against Measles

SASTM Newsflash

People travelling to their favourite destinations in the summer have been cautioned agains t measles. Around 10 000 people have been diagnosed with measles this year in 18 EU countries out of which, 4 have died. "All children and young people planning on travelling in Europe should ensure they have had 2 doses of MMR [vaccine] before they go away. France, Germany and Spain are all experiencing quite big outbreaks of measles and there are problems elsewhere in Europe," says Dr Brendan Mason, a consultant epidemiologist.

In the UK, 275 cases have been confirmed been January and April this year, a number much higher than that of last year [2010] which was 33, for the same time period.

France has declared measles epidemic officially as 5000 people have contracted the disease in France in the 3 months from January to March alone, which is almost equal to the total cases reported in the country last year.

Turkey and Bulgaria have faced major outbreaks. Belgium, Germany, Denmark, Romania, the Russian Federation, Sweden, Norway and Switzerland have also reported more cases than they usually do.

Children between one and 4 have the highest probability of getting measles. Vaccination is the only way it can be prevented. In every 1000 people who are affected by measles, one dies.

Communicated by: ProMED-mail

South African Society of Travel Medicine (SASTM)

Colds and Flu

The terms “cold” and “flu” are often used synonymously, however they are actually 2 very different infections.

 

What is a Cold?

 

Other names:

• Acute coryza

• Upper Respiratory Tract Infection

 

Aetiology:

• The common cold refers to a viral infection of the upper respiratory tract. It is caused by a group of viruses called the Picornaviruses.

• The infection causes an inflammation of the mucous membranes lining the upper respiratory tract, resulting in an increase in the mucous production.

 

Symptoms:

• The onset of the symptoms is typically rapid, and the first symptom to develop is usually a sore throat.

• This is followed by itching or burning of the nose.

• Sneezing and rhinorrhoea (discharge of mucous from the nasal cavity, a “runny nose”), is usually the last symptom to develop.

• The discharge is typically watery and clear or white in colour during the first few days, however as the infection progresses the mucous becomes thicker.

• Children also often present with a cough. This may be a result of a postnasal drip irritating the larynx or due to increased mucous production within the lungs.

• The majority of children will appear fatigued and irritable during the infection as the body uses energy to fight the virus.

• Symptoms of the common cold last roughly a week.

• Lymphadenopathy is uncommon in viral infections.

 

Risk factors

• Contrary to popular belief, exposure to cold does not appear to have a significant effect on the chances of contracting a cold. However, there are a few factors which have been shown to increase a person’s susceptibility to developing symptoms in response to a Picornaviruse infection.

• Previous exposure to the virus or to a similar strain of the virus reduces the chances of developing symptoms in response to the infection. The immune system of a child is still developing and has not been exposed to as many pathogens as the immune system of an adult. Thus children are more susceptible to “catching a cold” than adults are.

• A lack of sleep and increased stress levels has also been shown to increase the risk of catching a cold.

• Children who are prone to allergic disorders, such as seasonal allergies, allergic asthma or allergic dermatitis, are at an increased risk of catching a cold.

 

Treatment

• Treatment for patients with the common cold is largely supportive.

• Nasal congestion and sinus pain may be managed by using nasal decongestants, however it is important to remember that a large majority of these have a rebound effect after prolonged use.

• Vapour rub products, are often used to help clear the airways.

• Sore throats or sinus headaches can be treated with mild analgesics.

• Avoid strenuous physical activity and encourage the caretakers to keep the child indoors and allow the child to rest and recuperate.

• A change in temperature and exposure to environmental allergens (such as dust and pollen), may aggravate the symptoms.

• Dairy appears to increase the mucous production, and should therefore be avoided during infection.

• Most importantly, the child needs to be carefully monitored in order to detect any secondary bacterial infection which may require antibiotics or further medical treatment.

 

Complications

• In immunosuppressed or weak individuals who are unable to fight the virus, the infection may spread to the lower respiratory tract.

• Secondary bacterial infection may develop and is characterised by a purulent discharge and the development of a fever.

• Children with asthma and respiratory disorders are at risk of complications associated with a flare up of respiratory systems, such as an asthmatic attack.

 

What is the Flu?

 

Other names:

• Influenza

 

Aetiology:

• Influenza is caused by the Influenza virus type A, B or C.

• The influenza virus results in inflammation of the lower respiratory tract.

• Outbreaks of influenza type A and B are most common during the autumn and winter months.

• Type C infections occur throughout the year, however the symptoms caused by type C are slightly different to those caused by types A and B.

• The Influenza virus is highly mutanogenic, in other words, it is able to mutate and evolve relatively quickly. This results in slightly different variations of the virus appearing each year.

• Unfortunately this means that one exposure to the virus does reduce the chances of developing symptoms after the next exposure.

• This also means that vaccinations are seldom effective for longer than a year as each new strain requires a new vaccination.

• The use of vaccinations against the Influenza virus is therefore debateable. However children at risk of infection, whose health is compromised or in whom the virus has the potential to do more damage, are likely to benefit from annual Influenza vaccinations, when available.

 

Symptoms:

• The incubation period is around 2 days, after which the following symptoms begin to develop:

• Chills and fever with hot, moist and flushed skin.
• Pain and aching in the muscles and joints.
• Fatigue
• Headache
• Sore, itchy throat
• Irritating and non-productive cough.
• The eyes may appear red with inflamed conjunctiva and photophobia.

 • As the infection progresses, lower respiratory tract symptoms, such as a persistent and productive cough, become more pronounced. The cough may become suffocating and painful and in severe cases blood may be visible in the sputum.

Treatment

 • Again, treatment is largely supportive and includes pain management.

 • It is important to keep the child hydrated and warm and allow plenty of rest and recovery time.

 • Severe cases of the flu may be fatal and whilst the flu is common, it should not be taken lightly.

 • All children should be closely monitored for any signs of complications.

 • Should the symptoms not begin to clear within 5 days, or should there be any signs of secondary infection, encephalitis or pneumonia, then it is vital that the child receives prompt medical care by a suitably qualified healthcare practitioner.

Transmission of the Viruses:

 • Both viruses are transmitted via droplets of respiratory secretions or via contaminated hands or fingers. Thus the following measures are helpful in reducing the spread of infection:

•  Washing hands after sneezing
• Blowing the nose on disposable tissue paper and discarding the used tissue paper in the rubbish.
• Covering the nose and mouth during coughing and sneezing.

 • Children should be encouraged from a young age to follow the above guidelines.

 • It is also advisable that children remain at home whilst contagious (symptomatic) to prevent the spread to other children in the class or day care.

  

Dr. Carrie Minnaar (M.Tech Hom.)

 

  

References

 Dolin R. (2005) Influenza in Harrison’s Principles and Practice of Internal Medicine 16th Edition Edited by Kasper D.L., Braunwald E., Rauci A.S., Huaser S.L., Longo D.L. and Jameson J.L. London: McGraw-Hill, pp: 1066-

  

Merck Manual Seventeenth Edition (2005) Viral Infections Edited by Beers M.H. and Berkow R. Published by Merck Research Laboratories U.S.A. Pp: 1277-1289

  

Prescott C.J. (2006) Ear, Nose and Throat Disorders in Handbook of Paediatrics for Developing Countries Sixth Edition Edited by Harrisen V.C. Published by Oxford University Press, South Africa, Pp: 109-111

 

 

BREAKING NEWS! NEW CPR Protocol

The International Resuscitation Councils have announced a major change in the CPR Protocol. As of 2011 the following amendments are being agreed upon:

1. A patient who does not breathe is considered not to have heartbeat

2. Hence the checking of the pulse is no longer recommended

3. If a patient has breathing arrest, immediate CPR is required

4. During CPR, the helper FIRST administers the Chest compressions to supply the brain with immediate oxygen

5. Only then are mouth to Mouth Ventilations administered

6. Untrained Lay helpers are to be encouraged to assist by administering Chest Compressions ("fast and hard") while the trained First Aider administers the Mouth to Mouth ventilations

7. CPR is not to be interrupted every minute in order to reassess the breathing and/or pulse

8. CPR Rhythms remain unchanged:

      a. 1 Rescuer   30 Chest compressions : 2 Artificial Ventilations

      b. 2 Rescuers 15 Chest Compressions : 2 Artificial Ventilations

The old protocol is NOT incorrect, still it is believed that these amendments add to the effectiveness as well as to the simplicity of CPR.

Thermal conditions at work can lead to a strike!

It's officially winter and time to wrap-up and stay warm - if possible! Do you know that there are thermal requirements that you have to follow? This week's question is very interesting because our expert advises about PPE, appropriate temperature control, and strikes!

Question

A company  received a formal complaint from the union regarding the temperatures in the warehouse in the winter. The doors are only opened when they are loading parcels into the vehicles.

Can the company be held liable to install heaters in an area exceeding 1500 m2?

Must the company supply the employees with special protective clothing against the winter chill, or is it for their own account?

The employees are not working with or in refrigerated areas.

Can they call for a strike, because they get cold at work?

Answer


If the company needs to provide protective clothing, the company must carry the cost.


The company needs to do a risk assessment of the problem and determine what the actual ambient temperatures are where the employees are working. Then look at the Environmental Regulations for Workplaces Section 2(1) which deals with thermal requirements.

Essentially if the temperature goes below 6 degrees Celsius the employer must provide protective clothing. It is quite possible that the ambient temperature will be below 6 degrees at times.


What also needs to be taken into consideration is the fact that one of the first effects of being cold is the loss of muscle and grip strength. This could occur at temperatures above 6 degrees where people have been exposed to the cold for some time (the lower the temperature the shorter the time to experience this effect). The wind chill factor also needs to be taken into account.

Update on National Health Insurance

Health Minister Dr Aaron Motsoaledi has urged citizens who are concerned about the establishment of the National Health Insurance (NHI) to be patient as government is working around the clock on this issue.

"The problem is that many believe that NHI is just the release of a document. For us in health, we know that it also involves an extensive preparation of the health care system, while at the same time preparing a policy document and in this case, the reengineering of the Health Care System is very vital," Motsoaledi said.

Motsoaledi, who was presenting the department's R25.7-billion for 2011/12 on Tuesday, announced that additional earmarked funding has been allocated at provincial level for preparatory work for the NHI, which amounts to R16.1-billion over a three-year period.

He, however, pointed out that under the present health care system, whether public or private, no NHI can ever survive.

"I know that at face value, problems in the health system are said to be existing only in the public sector and the private sector must be left alone to some wayward phenomena called market forces, even though these market forces dismally failed to stop or more appropriately caused the most recent global economic collapse," Motsoaledi said.

He said while it is true that the public health care system is bedevilled by very poor management leading to poor quality care, adding to the very low resources available in the public health sector, the current overall health care system, both public and private, will be completely re-engineered.

"The present health care system is characterised by four very clearly identified negatives. It is unsustainable, very destructive, extremely costly and very hospicentric or curative in nature. For any intervention dealing with the cost of health care, like the NHI, to make any sense, a complete re-engineering is essential and it is an obligation placed upon our shoulders," Motsoaledi said.

Elaborating on the re-engineering of the health care system, Motsoaledi said it will be according to three main streams, with the first being a district based model, where a team of five specialist or clinicians shall be deployed in each district.

The team will consist of a principal obstetrician, a paediatrician, a family physician and an advanced midwife, while a senior primary care nurse will specifically focus on maternal and child mortality.

Motsoaledi said he has consulted all the deans of the eight medical schools in the country, the professional associations of paediatricians, obstetricians, family physicians, the Colleges of Medicines of South Africa responsible for specialist training and the nursing fraternity during the recent nursing summit, who supported the initiative.

He said his intention is that by the end of this calendar year, they should be far ahead in implementing this initiative, which will include the creation of the posts at district level, something that has never existed before and will be completely new in the public service.

"We are absolutely determined to make sure that this model is implemented. Once appointed, these teams will deal with guidelines and protocols at our antenatal care clinics, labour wards, post natal health care, and paediatrics and child health clinics.

"They will follow up on every case of mortality to make sure that ...meetings are held for every single incident, to deal with the cause at hospital level immediately rather than waiting for research studies and results later.

"The specialist teams will deal with training of interns, as well as community service doctors and medical officers. They will also focus on midwives and their practice in helping to bring down maternal mortality.

They will also assist primary health care nurses on following up on patients in their communities, especially for post natal care," said an optimistic Motsoaledi.

The second stream includes a school health programme, which will be launched with the Ministers of Basic Education and Social Development.

Mostoaledi said a task team established about two weeks ago is working around the clock to deal with these issues.

"This stream of Public Health Care (PHC) will deal with basic health issues like eye care problems, dental problems, hearing problems, as well as immunisation programmes in our schools ... It will move further on to deal with more complex problems like contraceptive health rights, which will include issues such as teenage pregnancy and abortions ... and HIV and Aids programmes among learners. Added to this will be [information on] drugs and  alcohol abuse in schools," Motsoaledi explained.

He noted that the task team consisted of all relevant stakeholders from the three departments, nongovernmental organisations (NGOs) dealing with children, universities and individual experts.

"When the team has completed its work, we will start implementation in the poorest schools ... which are also far from the nearest health centres."

The third stream will be a ward based PHC model, which will deploy at least 10 well trained PHC workers per ward.

"This method is being put to good use in Brazil, where 30 000 ... community health care agents have been deployed to various communities. I was also highly encouraged when the Minister of Health in India announced during the Moscow gathering last month that in his country, they are deploying 800 000 such cadres and they call them health care activists.

"A total of 251 teams have already been deployed and in just three months, have reached 41 000 families and, in the process, discovered that 18% of the screened people had TB," Motsoaledi said, pointing out that in the past they would never have picked up the cases and would have waited for them to show up in healthcare institutions when it was already too late.

He emphasised that the re-engineering of PHC system into three streams will consolidate PHC as the country's primary mode of health care delivery.

"It will encourage prevention of disease and promotion of health in contrast to the present obsession with treatment of individual disease when it is already too late for many individuals and at great cost to the fiscus and the GDP of our country.

"It is because of this hugely curative and costly health care system that some so-called experts believe NHI is an impossible dream."

Edited by: Bua News

The validity of medical certificates

Do your employees suffer from chronic Friday or Monday flu? Are they ill every other weekend and never hand in a sick note because it was only one day? What about that “clinic note” handed in, confirming a check-up, which resulted in a claim for paid sick leave at the end of the month? What about the medical certificate which was issued a day before the employee’s return from being ill for a week. And then there is also the occasional medical certificate that is completely illegible, from a strange doctor, and from a strange area, which is not even close to the employee’s home or workplace.

What are your rights with regards to accepting or refusing medical certi ficates and requiring one for the Monday or Friday flu?

If an employee is off sick for more than 2 consecutive days, OR for one day, but on 2 or more occasions in an 8 week period, you are entitled to request a medical certificate. An employer also has the right to refuse a medical certificate if the certificate is not valid. A medical certificate is only valid if:

• It states that an employee was UNFIT TO WORK for the duration of the employee’s absence on account of SICKNESS or INJURY; and

• It is issued and signed by a medical practitioner or another person who is certified to diagnose and treat patients AND who is registered with a professional council established by an act of parliam ent.

A medical certificate stating that the employee(patient) informed the doctor of his illness or that the doctor “saw” the patient, will not suffice, as the practitioner did not declare, in his professional opinion, that the employee(patient) WAS UNFIT TO PERFORM HIS DUTY – thus, unpaid leave. Clinic notes will also only be valid, if signed by a medical practitioner authorised to make a diagnosis and not if signed by the nurse or only stamped by the clinic. Check-ups, fetching of medicine, tests and examinations will not enable the employee to claim for paid sick leave, as it does not render him UNFIT TO PERFORM HIS DUTIES DUE TO ILLNESS OR INJURY – again, unpaid leave.

Unfortunately, the last-day-of-illness medical certificate has to be accepted if the medical professional s tated that, in his opinion, the employee (patient) was unfit to fulfil his duties due to illness. In this instance, warn the employee that in future, a medical certificate has to be obtained sooner than the last day of illness.

A Medical practitioner will be a doctor, dentist, psychologist with a Master degree, registered at the HPCSA, or if the practitioner is registered in terms of the Allied Health Services Profession Act.

Altered certificates will of course be rejected from the start, as well as illegible certificates.

The Health Professions Council of South-Africa’s (HPCSA’s) guidelines for a medical certificate shortly state that:

• it has to stipulate the name, address and qualifications of the medical practitioner,

• name of the patient, date and time of the exam,

• if the diagnosis was made in his professional opinion or if the patient informed him of the illness,

• the illness itself,

• if the patient is totally or partially unfit for duty and

• the recommended period of sick leave.

The patient has to consent to the details of the illness being stated in the medical certificate, and if withheld, a simple “illness” is sufficient.

Employers must also take into consideration that if they signed a collective agreement which states that medical certificates from traditional healers will be accepted, employers will have to accept these certificates.

If an employer normally accepted medical certificates from a traditional healer, the employer will be forced to accept similar medical certificates in the future.

Fraud is common practise when it comes to medical certificates. Take the time to phone the suspicious practitioner and confirm the appointment when in doubt. You’ll be amazed how often these practitioners don’t e xist or ever heard of the employee.

How can you increase your white blood cell count?

(NaturalNews) Low white blood cell counts are indicative of a suppressed immune system and can have many causes. Emotional state and stress, an unhealthy diet and lifestyle, and nutritional intake can all cause lower immune system response and low white blood cell counts. Low immunity can also be caused by a number of health conditions, by surgical or medical treatments and by the natural aging process. Whatever the cause, low immunity and low white blood cell counts prevent the body from being able to have an optimum response to infections and illness. Here are some things which can help prevent low immunity and keep white blood cell counts high:

- Avoid sugar and keep sweet stuff to a minimum. Sugar prevents white blood cells from being their strongest

- Eliminate unhealthy fats. Polyunsaturated fats in vegetable oils such as corn, safflower, and sunflower oil are deterrents to a healthy immune system.

- If you are overweight, lose a few pounds. Being overweight is very detrimental to your immune system and studies have shown that overweight people are less able to fight off infection.

- Drink plenty of water to boost the immune system as well as flush out toxins

- Exercise is a proven immune system booster. Exercise is best in moderation, however, since too much exercise may wear the body down and create immune system problems.

- Avoid stress and try to relax. Stress is rightly called the silent killer and too much stress invariably leads to a lowered immune system.

Many food items help boost immune function and white blood cell counts. For example:

Carrots and other red, yellow, orange, and dark-green leafy vegetables contain beta carotene which helps protect the immune system, especially the thymus gland. Beta carotene and other carotenes also strengthen white blood cell production, and foods rich in beta-carotene help the body better fight off infection.

Yogurt can be very beneficial for the immune system. It helps the body produce antibodies and strengthens white blood cells.

A cup of cabbage will give you your daily requirement of vitamin A. This is an antioxidant that helps your body fight cancer cells and is essential in the formation of white blood cells. Vitamin A also increases the ability of antibodies to respond to invaders.

People who eat more garlic have more natural killer white blood cells.

Other helpful foods include chicken, cabbage, almonds, guava, crab, dark grapes and navy beans.

Supplements can play a big role in boosting immune function and white blood cell counts. Some examples:

- Oleander extract in herbal supplement form. One herbal oleander based supplement was 100% effective in a clinical trial of raising white blood cell counts in HIV/AIDS patients with extremely compromised immune systems.

- Astragalus root helps stimulate white blood cells and protects against invading organisms. It also enhances production of the important natural compound interferon to fight against viruses.

- Zinc is necessary for white blood cell function and it acts as a catalyst in the immune system's killer response to foreign bodies.

- Vitamin C is an immune enhancer that helps white blood cells perform at their peak and quickens the immune system response.

- The trace mineral selenium is vital to the development and movement of white blood cells.

- Both Siberian ginseng (eleuthero) and Asian ginseng provide support for the immune system.

- Echinacea helps stimulate the immune system in a variety of ways, including increased white blood cell production.

- Green Tea also stimulates production of white blood cells.

Always be careful where you put your condoms

Classic - had to share

Be prepared in an emergency situation

Emergency evacuation planning is an essential part of preventing injuries and ensuring the safety of your employees in emergency situations. Imagine what could happen if a fire extinguisher isn’t working when there’s a fire, or an emergency exit door is locked in an emergency.

 

It’s an employer’s duty to identify all possible emergency situations, prepare for dealing with emergencies and to make sure all employees know what to do by (OHSAct Section 8 Duty of the Employer to create and maintain a healthy and safe workplace):

• Providing clear instructions and information;
• Holding regular practice drills; and
• Conducting regular inspections of emergency equipment and escape routes.

 

Appoint competent employees to deal with emergencies

 

These appointments must include:

- An emergency controller: to take control and make sure the emergency plan is working.

 

- Evacuation wardens: to make sure everyone in the building is evacuated and moved to a safe place.

 

- First aiders: to help anyone that is injured and make sure disabled employees are evacuated and moved to a safe place.

 

- Fire fighters: to extinguish fires.

Draft Driven Machinery Regulations, 2010 promulgated in terms of the Occupational Health and Safety Act, Act 85 of 1993 ("OHSA")

Introduction

The Minister of Labour has promulgated draft revised Driven Machinery Regulations (the draft regulations'). These draft regulations seek to repeal GNR 1010 of 2003 (it is assumed that this is reference to the Driven Machinery Regulations contained in the OHSA, albeit that this reference is incorrect. GNR 1010 of 2003 in fact refer to the previous amendments to the Driven Machinery Regulations which were in fact promulgated under GNR 295 of 26 February 1988. This will be an aspect on which clarity will be sought through interaction with the Department of Labour).

We have set out below the pertinent amendments and/or additions to these draft regulations for your information. If you would like a full text copy of Government Gazette Number 9479 of 4 March 2011 with Regulation Notice 163, for your records please contact us and we will forward a copy to you.

Scope of application

The draft regulations specifically state that these regulations shall apply to the design, manufacture, operation, repair, modification, maintenance, inspection and testing of driven machinery. The current Driven Machinery Regulations are silent in this regard.

Sanding machines

The draft regulation 9(8) requires the user of machinery used for the purpose of grinding, cutting, fettling, polishing or similar applications shall ensure that the operators of such machines are duly trained.

This is an additional requirement included in respect of specific training required to be provided, over and above training required to ensure compliance with section 8 of the OHSA. Employers and users of machinery will have to ensure that a specific system is implemented in terms of which this specific training is formally provided and that the employer or user is able to demonstrate to the Department of Labour that this has been complied with.

Slitting machines

Where the current regulations require that effective guarding is provided the draft regulations provide further directions regarding the nature of this effective guarding. The user of machinery will be required to ensure, in terms of draft regulations 11(2) and 11(3) that fixed guarding or enclosures prevents access to the machine and that access points must be controlled by an interlocked safety device which device must prevent or arrest the motion of the machine when activated by unauthorised entry.

Goods hoist

The current regulations governing the use of goods' hoists in regulation 17 do not appear in the draft regulations, nor have they been replaced. The definition of lifting equipment in the draft regulations specifically excluded goods' hoists and it appears as though this equipment may no longer be regulated by the Driven Machinery Regulations.

Lifting machines and lifting tackle

A number of amendments are proposed to the regulations governing lifting machines and lifting tackle, which amendments will require the employer or user of machinery to amend current systems and/or implement additional systems to ensure compliance. In summary, the following additional requirements have been placed on employers or users of machinery in the draft regulations:

in addition to the requirement that no user shall use or permit the use of a lifting machine unless it has at all times at least three full turns of rope on the drum of each winch, which forms part of such a machine when such a winch has run to its lowest limit (as contained in the current Driven Machinery Regulation 18(1)(c),) the draft regulations require the user of machinery to ensure that the winch is controlled by an automatic cut out device. It is however noted in the draft regulations that this draft sub regulation will not apply to capstan type winches;

the user will be required to ensure that every power driven lifting machine is fitted with a limiting device that will cause the driving effort to be automatically arrested when the load condition is greater than the rated load condition of such machine. This requirement currently only applied, in driven machinery regulation 18(2)(b) to winch operated lifting machines with a lifting capacity of 5000 kg or more;

the thorough examinations to the whole installation and all working parts of every lifting machine will, under the draft regulations, also include ancillary lifting equipment. In addition, where under the current Driven Machinery Regulations this test must be carried out by a person who has knowledge and experience of the erection and maintenance of the type of lifting machine involved, the draft regulations require that this test is carried out by a registered Lifting Machinery Inspector appointed by a registered Lifting Machinery Entity who has knowledge of the erection and maintenance of the type of machine. However, the draft regulations state that mobile cranes will be excluded from the performance tests after each re-deployment;

no user of machinery shall use, or permit the use of temporary suspended access platform installations unless it complies with a safety standard with respect to its construction, installation, operation and inspection incorporated into the draft regulations for this purpose;

the current Driven Machinery Regulations, in regulation 18(8), require that no user shall use or permit any person to be moved or supported by means of a lifting machine, unless such machine is fitted with a cradle approved for that purpose by an inspector. The draft regulation amend this requirement and will require the used of machinery to ensure that any lifting machine used for the lifting of persons is fitted with a man-cage designed and fabricated according to an approved SANS standard and that a risk assessment is carried out by the user;

the requirements is respect of jib cranes, contained in current Driven Machinery Regulation 9 have been amended in the draft regulations to apply to all power driven lifting machines; and

the draft regulations require the factor of safety required for lifting tackle with respect to the maximum mass loads to comply with the SANS standard rather that the specific reference to safety factors as currently contained in Driven Machinery Regulation 18(10)(c)

Conclusion

The draft regulations provide greater clarity in respect of the obligations placed upon the employer or user of machinery. However, this in turn creates an additional onus for the employer or user of machinery to ensure that specifications in the incorporated standards are in place and that the employer or user remains abreast of the requirements as contained in the various SANS standards.

Written by Warren Beech, Partner and Kenneth Coster, Partner at Webber Wentzel

Are you ready for the Consumer Protection Act?

The Consumer Protection Act, 2008 (the CPA) is coming into force on 31 March 2011. It will have a significant effect on the supply of goods and services. The act will also regulate the relationship between suppliers and consumers in detail.

One of the most controversial provisions of the CPA relates to the liability of suppliers. If someone supplies goods, and those goods cause harm to the consumer, the supplier will be liable for the harm. This will be the case even if the supplier was not negligent. Further, all parties in the supply chain can be held liable by the consumer. This includes the manufacturer, the wholesaler and the business that sells the goods to the public.

Suppliers must also take note of the standard warranties that will apply to goods supplied to consumers. These warranties cannot be excluded. When the CPA is in force, consumers will have the right to receive goods that:

• are reasonably suitable for the purposes for which they are intended;

• are of good quality, in good working order and free of any defects;

• will be useable and durable for a reasonable period of time, having regard to certain factors; and

• comply with any applicable standards set under the Standards Act, 1993.

The CPA also deals with the marketing of goods. Consumers will have the right to restrict unwanted direct marketing (this will include promotional e-mails and telesales). Further, if a consumer bought goods as a result of direct marketing, the consumer will be entitled to cancel the sale of those goods within a specified period.

A supplier will have to ensure that its packaging and/or labelling complies with the CPA’s requirements. The Minister of Trade and Industry will prescribe certain information or descriptions that must be applied to specific goods. In addition, the CPA has strict requirements relating to the disclosure of the price of goods. If goods are displayed for sale, the supplier must also display the price of those goods at the same time.

When it comes to promotional competitions, suppliers will in future have to ensure that they follow the provisions of the CPA in this regard. For instance, the CPA contains certain requirements regarding the rules of promotional competitions. It also regulates the consideration payable by consumers for entering into competitions.

Another important aspect of the CPA relates to business names. In future, a supplier will not be able to trade under a name, unless:

• in the case of an individual, that name is displayed in his or her identity document;

• in the case of a juristic person (e.g. a company), the name is registered; or

• name is registered in terms of the process prescribed by the CPA.

These issues are just some of those that are dealt with in the CPA. It is important for all businesses to make sure that they are ready for the CPA. They will have to take steps to mitigate their risks against the CPA’s strict liability provisions. In addition, the wording of standard documentation should be checked for compliance with the act.

Written by Danie Strachan at Adams & Adams Attorneys. Contact: danie-s@adamsadams.co.za.

How to fight aging

Did you know that just walking for 30 minutes, 3 or 4 times a week is enough to combat aging?

According to researchers at the University of California, one of the principle causes of deterioration of the human organism’s physical faculties is its diminished ability to metabolize glucose. And they howed that even leisurely exercise, like taking a walk, plays an important role in keeping glucose metabolism functioning smoothly.

Do you spend the whole day sitting at your desk or in front of a computer screen? Why not get up occasionally and do a few minutes of physical exercise? Don’t worry about what other people think.  In some Japanese companies, it is even become a collective habit. Every twenty minutes a bell sounds, and everybody gets up to do some stretching exercises, after which they sit down again as if nothing had happened. Japanese managers are convinced that their employees are more productive when they are relaxed.

Grapefruit

Grapefruit is low in calories and provides a good source of potassium, folic acid, fibre, and vitamin C. Grapefuit also contains phytochemicals, including lycopene, liminoids, flavonoids, and glucarates.

Studies have shown that grapefruit pectin, like other fruit pectin, is effective in lowering cholesterol. The edible portion of 1 whole grapefruit contains about 3.9%, or roughly 7.5 grams of pectin. Eating approximately two grapefruits per day would significantly lower the risk of heart disease by 20%.

The red and pink fleshed grapefruits contain a larger amount of lycopene than the other varieties. Lycopene is an important phytocemical that battles cancer, heart disease, and macular degeneration.

Source: http://www.everynutrient.com

What are the consequences of living together?

The Domestic Partnership Bill of 2008 (the “Bill”), once introduced as an Act, will regulate the legal status of people of the opposite or same sex who are in a domestic partnership, but have not yet “tied the knot”.

1. The effects of unregistered domestic partnerships (general)

1.1 Life as we know it is all about the make-ups and the break-ups of relationships and we have all witnessed (I’m sure) the problems that couples face when their relationship or the domestic partnership (which I will refer to from now onwards) comes to a sudden halt. Literally it spells d.i.s.a.s.t.e.r!

1.2 Time and again people jump right into living together without thinking of the legal consequences thereof, the importance of wills and winding up of deceased estates, or have no legal understanding of the law. Before they realise, homes, motor vehicles, and other luxury items are bought, and verbal agreements are concluded and before the partners realize the situation, one is paying off certain items, other items are only in one of the partners name (bonds etc) and unexpectedly what you thought was true, never-ending love for each other suddenly comes to a complete end due to death, mutual agreement, or your better half (well that’s what you thought at the time) literally packs their bags and heads for the hills!

1.3 Now the looming question, if the property as mentioned above is not in your name, where exactly does it leave you and how will this affect your pocket? Often, couples are so madly in love that they fail to see past the break-ups and what the future may hold. I was always warned and advised that an agreement between two lovers should be agreed to as if they you were getting divorced, or separating at that present moment in time. This would save unnecessary legal fees and of course avoid those dreaded “settlement agreements” that can never be agreed upon.

2. Domestic Partnership Bill, 2008

2.1 According, it brings me great pleasure to advise you that there is light at the end of the big, dark tunnel. The Bill was drafted to afford all partners equality before the law1, the right to equal protection and benefit of the law . Therefore legally recognizing and protecting partners in a domestic partnership, and allowing the partners the opportunity to share in some of the rights and obligations that flow automatically from a marriage. The Bill is aimed at providing partners with certainty and greater understanding of the topic.

2.2 A look into traditions of today:

As we move towards the new and kick out the old, traditions come and go, and society’s beliefs change the word “marriage” for some brings a chill to their spine, and almost sounds somewhat archaic. However as human nature has it, we all still want what rightfully belongs to us (or what belongs to others but which we believe rightfully belongs to us!). At the end of the day we want our possessions protected.

2.3 In my view, the Bill has done just that, it provides rights and obligations to domestic partners who are not concerned with registering any form of partnership. The Bill has identified all the important and relevant aspects pertaining to unregistered domestic partnerships such as such as property division after termination of unregistered domestic partnerships either through death or suspension, maintenance after termination of the unregistered domestic partnership, as well as intestate matters (persons dying without leaving a will)2.

3. DIVISION OF THE PROPERTY

3.1 The Bill provides domestic partners the rights to apply to Court on application to obtain a court order in respect of the above three aspects of unregistered partnerships.

The Court however takes into account certain factors such as the duration and the nature of the relationship, the degree of financial assistance, dependence or interdependence, arrangements regards financial support, performance of household duties, ownership and use of as well as acquisition of the property, the principles of justice, fairness and equality, and the interests of both parties as well as their individual needs depending on the facts of each individual case.

3.2 Additionally the partner applying for the court order may not at the time of the application to Court be a spouse in any civil marriage, or a partner in any civil union or be in a registered domestic partnership with a third party. Further, one of the partners in the domestic partnership is required to be a South African citizen and/or a permanent resident of South Africa. It is important to keep in mind that the application is required to be lodged within 2 (two) years of the separation3.

4. MAINTENANCE

4.1 Unregistered partners do not have the same duty of support as registered partners do, except as for provided in the Bill. The Bill deals specifically with maintenance with regards to when the partners have separated as well as if a death has occurred in the domestic partnership.

4.2 Separations and the effect on maintenance in terms of Section 28 of the Bill

After separation a Court may, upon application make an order which is just and equitable in respect of the payment of maintenance by one unregistered partner to the other for a specified period, taking into account certain necessary and relevant factors such as age of the partners, duration of the relationship, standard of living, respective contributions to the relationship, and respective earning capacities etc.

4.3 Death and the effect on maintenance in terms in terms of Section 29 of the Bill

4.3.1 A surviving unregistered domestic partner may after the death of the other unregistered domestic partner, bring an application to a Court for an order for the provision of his or her reasonable maintenance needs from the estate of the deceased until his or her death, re-marriage or registration of another registered domestic partnership, insofar as he or she is not able to provide therefore from his or her own means and earnings.

4.3.2 The Courts will then make a just and equitable order taking into account all relevant circumstances and necessary factors which are listed in paragraph 4.2. above.

4.4 Intestate Succession and the effect on maintenance in terms of Section 31 of the Bill

4.4.1 If your partner dies intestate (i.e. without a will), the surviving partner has the option of bringing an application to Court for an order to inherit the intestate estate in terms of the Intestate Act 81 of 1987.

• Example: if the deceased is survived by an unregistered domestic partner as well as a child or children, the partner will inherit a child’s share of the intestate estate or R125 000.00, bearing in mind that the application should be made within 2 (two) years after the deceased’s death and further applications would be necessary if the estate had already been wound up.

5. South African legislation compared to countries around the globe (comparative analysis of other jurisdictions)

In other jurisdictions such as Australia, New Zealand, Washington DC, Nevada and California domestic partnerships are regarded as the equivalent to marriages or same sex unions, although the concept is still evolving from place to place. Accordingly if we compare South Africa (a developing third-world country) with other first-world countries, we are keeping up with the international trends, positively accepting change and allowing legislation to influence our community and its needs in every aspect of everyday life.

Please do not hesitate to call us should you have any further queries or should you require any further legal advice regards this topic.

Notes:

1. Section 9(1) of the Constitution of the Republic of South Africa 1996.

2. Chapter 4 of the Bill which deals specifically with section 26 to Section 33.

3. Section 31 of the Bill.

New rules for waste collection come into effect

The National Domestic Waste Collection Standards, which sought to redress the past imbalances in the provision of waste collection services, would come into effect on February 1.

Water and Environmental Affairs Minister Edna Molewa published the standards under the National Environmental Management: Waste Act.

It aimed at providing a uniform framework within which domestic waste should be collected in South Africa.

It came after a consultative process with provinces, municipalities and the general public, and was expected to guide municipalities on how to provide an acceptable, affordable and sustainable waste collection service for enhanced human health and environmental improvement.

The standards covered the levels of service, separation at source (between recyclable and non-recyclable materials), collection vehicles, receptacles, collection of waste in communal collection points, and most importantly, the frequency of collection.

With regard to the issue of separation at source, the document said that this should be encouraged and supported in line with industry waste management plans.

It also stated that all domestic waste must be sorted at source in all metropolitan and secondary cities, and that the service provider, or municipality must provide clear guidelines to households regarding types of waste, the sorting of waste, appropriate containers, and the removal schedules for each type of waste.

The Department of Environmental Affairs (DEA) said that non-recyclable material – such as perishable food waste – must be collected at least once a week, and recyclable material – such as paper, plastic, glass – must be collected once every two weeks.

Municipalities had a choice on whether or not to provide different types of bins, taking into consideration the type of vehicles they use. However, the bins should be rigid and durable to prevent spillage and leakage.

The DEA added that the development of the standards took into consideration the existing practices at local government level across the country and sought to build on what has already been

How to set up your workstation

Despite the availability and supply of adjustable workstation furniture and equipment, employees usually don’t use these very well. The following checklist is a step-by-step approach designed for employees to use when they’re located at a new workstation or whenever their tasks change.

When setting up the position of this furniture and equipment it’s important to try new positions to find the most comfortable arrangement for yourself. Give yourself a chance to get used to any changes, as it may take several hours or even days to determine the best position. Remember, it may take a few tries to get the best arrangement, but it is worth the effort – and if a change doesn’t work, you can always reset it.

Adjusting your chair

When adjusting your chair please refer to any instructions provided with the chair or have someone how you how to adjust it and use the controls. If there’s no one available to assist you, work through this checklist with someone else and observe each other’s postures and body positions.

Also, try avoiding sitting for long periods of time. Some form of break from sitting every 20 – 30 minutes is helpful. Even getting up for 20 to 30 seconds to go to a printer or standing while talking on the telephone will provide some relief.

Adjusting the seat

Height: Adjust chair height so:

• Feet are comfortably flat on the floor

• Thighs are approximately horizontal

• Lower legs approximately vertical

Low heeled shoes will improve comfort of the legs with the chair at this height.

Tilt (if available): Set to horizontal or slightly forward to suit your comfort.

Finding the correct back support

Height: Start by raising the backrest to its maximum height. Then sit in the chair and check the fit of the backrest to the curve of the lower back. If it’s not comfortable, lower the height by several centimeters and try this position.

Repeat this adjustment and try each new position until you find the most comfortable fit. Ensure the backrest supports the curve of your lower back and isn’t too low.

Forward/backward position: Adjust the position of the backrest until a comfortable pressure is exerted on the lower back area while seated in the usual working posture at the desk.

The backrest position shouldn’t feel as though it pushes you out of the seat, or that you have to lean back too far to reach it. There should be a two-finger clearance between the front of the chair and the back of the knee. Try a number of different positions until you achieve the best fit. A slight backward tilt is a preferred position as you reduce the force on the lower back. But, you might prefer to sit upright.

You can vary this angle to provide changes in posture from time to time.

Adjusting your armrests

Armrests aren’t usually recommended unless they’re:

• Short

• Fit under the desk

• Are adjustable

However, if your chair has armrests make sure that they don’t prevent you from getting as close to the desk as you require, or impinge on your elbows while you’re working. If this is the case, either remove them by unscrewing them, or replace them with a smaller or adjustable option.

Adjusting your desk

If you have a height-adjustable desk

Having first adjusted your chair to suit your body size, adjust the desk so the top surface is just below elbow height. To determine your elbow height, relax your shoulders and bend your elbows to about 90 degrees and check the elbow height against the desk height.

If you don’t have a height-adjustable desk

If the chair has been adjusted and the desk is higher or lower than the elbow, other forms of adjustment will be required. Start by measuring the height difference between the desk and your elbow.

If the desk is too high

Raise the chair by the measured difference and use a footrest. Set the footrest platform so that it is the same as the measured difference or lower the desk by cutting the legs down by the measured difference.

If the desk is too low

Raise the height of the desk by extending the leg length or sitting it on wooden blocks or something similar. Remember to ensure that any such changes are secure and stable.

Clearance under the desk

You shouldn’t store general items, like

• Computer hard disk drives

• Boxes of documents or files

• Rubbish bins and

• Mobile drawers

Under desks where they will decrease or interfere with the space required for the legs. This may force you to adopt a twisted or awkward posture of the spine.

Drawers

Place most commonly used items in the top desk drawer to improve access and reduce reaching and bending movements. Where drawers are fitted to the desk, arrange equipment such as the keyboard and computer screen on the desk so you can sit comfortably in the leg-well space.

General storage on the desk

In/out-trays

Place trays at the outer reach sector. In-trays shouldn’t be located above shoulder level.

Stationery

A variety of containers are available for mixed stationery items. These should also be stored at the outer reach sector or in the top desk drawer.

Reference books and folders

You should store large or heavy references such as telephone directories and manuals within close reach or in a nearby position where you need to stand to access them. Handling of these items shouldn’t be conducted at the limit of your reach capacity while sitting, as this can result in undue strain on the back, shoulder and arm muscles.

Keyboard angle

Tilt the keyboard using the feet at the back to suit your level of comfort. The common and preferred setting is where the feet are lowered so the keyboard sits flat on the desk. This assists in preventing awkward postures of the wrists.

Position on the desk

Place the keyboard as close to the front edge of the desk as is comfortable. Don’t place documents between the keyboard and the front edge of the desk while using the keyboard as this increases the reach distance to the keyboard and may result in excessive bending of the neck to look at the documents. Ensure that there is room to put the keyboard to one side when it is not in use.

Mouse

Place the mouse mat directly beside the end of the keyboard on your preferred side. Use the mouse in this position and always aim to keep the mouse on the mat during use.

If you frequently use the mouse in your work you may wish to:

• Learn to use it with both hands so that you can swap between the right and left sides for improved comfort

• Set the tracking speed of the mouse to a setting that suits you

• Maintain your mouse to keep it in good working order (for example, keeping it clean inside)

• Where possible, try and avoid holding on to the mouse when not in use

Computer screen

Position the screen once you’ve established the chair and desk heights.

Height

Position the screen so that the top of the screen is level with, or slightly lower than, your eyes when you are sitting upright. If the screen does not have a raising device such as a monitor stand, you may be able to use telephones books to raise the screen height on a temporary basis.

Distance from the eye

First place the screen so that it’s approximately an arm’s length away from your usual seated position. Try this position and if necessary move it further away or closer as required.

Positioning the screen

Place the screen so that it doesn’t face windows, catching reflections from the windows, or have a window directly behind it causing glare from the window.

Document holder

The position of the document holder depends on your need to view and reach the documents and the type of document holder you use. For continuous or frequent data entry where the source document is observed more than, or the same amount as, the screen:

Place the screen slightly to one side so that the document holder is directly in front of the user.

OR

Place the document holder in a similar position to the screen where it is slightly to one side and you look evenly between the two. An A-frame style book rest that sits on top of the desk is the most practical and can be set at different angles. It is usually best to place it so that it supports documents on an inclined angle between the keyboard and the screen.

A lever or swivel arm document holder suspends the document above the desk at eye level. Anchor it to the desk on either the left or right or the screen, according to your preference, and place it directly beside the screen.

Telephone

Place the telephone either within or at the limit of the optimum reach sector, depending on the amount of use. The placement should enable the user to operate the telephone without the need to move their trunk to grasp the handset or to operate the numeric and function buttons. When making a lot of calls, it may be best to place the telephone on the same side as the dominant hand so that this hand can comfortably operate the numeric and function buttons. When mostly receiving calls, it may be more comfortable to place it on the non-dominant side. Learn and utilise the functions of your phone, such as redial and the storage of commonly used phone numbers, to improve the efficiency of its use. Also, where the phone is used very often or for prolonged periods, a headset should be used.

Angled reading and writing surface

An angled board can improve neck comfort where a job involves a lot of reading and handwriting. It should be placed immediately in front of the user on top of the desk.

Stay safe