scholarly journals THE CASE FOR “SUFFICIENT SCIENCE”: South African Poultry Association v The Minister of Agriculture, Forestry and Fisheries Case Number: 39597/2016 (21/9/2016) (Gauteng Division, Pretoria)

Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Clive Vinti
Keyword(s):  
South Africa ◽  
South African ◽  
Scientific Evidence ◽  
Health And Safety ◽  
World Trade Organisation ◽  
Scientific Basis ◽  
Poultry Meat ◽  
Scientific Uncertainty ◽  
Phytosanitary Measure ◽  
Case Number

This discussion examines the role of the “sufficient science” requirement as the basis of a phytosanitary measure as postulated by the World Trade Organisation (hereinafter, “the WTO”) Agreement on the Application of Sanitary and Phytosanitary Measures (hereinafter “the SPS”), in South African law through the avenue of the decision of the court in South African Poultry Association v The Minister of Agriculture, Forestry and Fisheries (Case Number: 39597/2016 (21/9/2016) (Gauteng Division, Pretoria) hereinafter “SAPA”). This case was prompted by the Minister of Agriculture, Forestry and Fisheries’ promulgation of new regulations on permissible brine limits for individual chicken portions. These new regulations were promulgated in response to concerns that some chicken producers had used excessive amounts of brine, which compromised the quality of the chicken consumed by consumers. The new regulations capped the permissible brine limit on chicken at 15%. Consequently, the South African Poultry Association then approached the High Court challenging, inter alia, the lawfulness of the permissible brine limit as stipulated in the new regulations on the grounds that there was no scientific basis for the brine limits; and in the alternative, that the scientific basis relied on for the determination of the brining limits was fundamentally flawed. To this end, this paper argues that the court misdirected itself by failing to determine that the newly minted brine limit on poultry meat in South Africa constitutes a “phytosanitary measure” in the manner contemplated by the SPS. Secondly, the court flouted its obligation under the Constitution to ensure that the evaluation of the new brine regulations is in line with South Africa’s international obligations under the SPS and the instruments of the Codex Alimentarius Commission. On the back of this finding, the paper argues that the brine limit was incorrectly held to be valid because it was established in the absence of “sufficient science” thereby contravening Article 2.2, Article 5.1 and Article 5.2 of the SPS. Thirdly, the court neglected to examine whether the new brine limit was rationally connected to its risk assessments as required by Article 5.1 of the SPS. This finding invariably means that the new brine limit is presumed not to be based on scientific principles and to be maintained without sufficient scientific evidence. In the alternative, it is argued that the scientific process followed by the respondent could be seen as an exception to the “sufficient science” rule if the respondent argues that they pursued a precautionary approach in good faith, as a responsible government faced with a situation plagued by scientific uncertainty and a clear and imminent threat to public health and safety. Lastly, this paper argues that the court correctly held that the process followed by the respondent in establishing the views of the scientific community is in line with the SPS. It must be borne in mind that the discussion to follow is focused on the approach the court should have followed according to the SPS and it is not, an enquiry on whether the decision of the court is correct under the precepts of administrative law in South Africa.

scholarly journals Doctors’ Extended Shifts as Risk to Practitioner and Patient: South Africa as a Case Study

2020 ◽  
Vol 17 (16) ◽  
pp. 5853
Author(s):  
Koot Kotze ◽  
Helene-Mari van der Westhuizen ◽  
Eldi van Loggerenberg ◽  
Farah Jawitz ◽  
Rodney Ehrlich
Keyword(s):  
South Africa ◽  
South African ◽  
Medical Practice ◽  
Health And Safety ◽  
Working Hours ◽  
Middle Income ◽  
The Impact ◽  
Safe Working ◽  
Working Hour

Extended shifts are common in medical practice. This is when doctors are required to work continuously for more than 16 h, with little or no rest, often without a maximum limit. These shifts have been a part of medical practice for more than a century. Research on the impact of fatigue presents compelling evidence that extended shifts increase the risk of harm to patients and practitioners. However, where the number of doctors is limited and their workloads are not easily reduced, there are numerous barriers to reform. Some of these include a perceived lack of safer alternatives, concerns about continuity of care, trainee education, and doctors’ preferences. As such, working hour reorganisation has been contentious globally. South Africa, a middle-income country where extended shifts are unregulated for most doctors, offers a useful case study of reform efforts. The South African Safe Working Hours campaign has promoted working hour reorganization through multi-level advocacy efforts, although extended shifts remain common. We propose that extended shifts should be regarded as an occupational hazard under health and safety legislation. We suggest options for managing the risks of extended shifts by adapting the hierarchy of controls for occupational hazards. Despite the challenges reform pose, the practice of unregulated extended shifts should not continue.

scholarly journals Challenges in translating scientific evidence into mandatory food fortification policy: an antipodean case study of the folate–neural tube defect relationship

2005 ◽  
Vol 8 (8) ◽  
pp. 1235-1241 ◽  
Author(s):  
Mark Lawrence
Keyword(s):  
Nutrition Education ◽  
Neural Tube ◽  
Neural Tube Defect ◽  
Scientific Evidence ◽  
Health And Safety ◽  
Monitoring And Evaluation ◽  
Scientific Uncertainty ◽  
Food Fortification ◽  
Supplement Use

AbstractObjectiveTo identify challenges in translating scientific evidence of a nutrient and health relationship into mandatory food fortification policy.DesignA case study approach was used in which available evidence associated with the folate–neural tube defect relationship was reviewed against the Australia New Zealand Food Regulation Ministerial Council's Policy Guideline for mandatory food fortification.ResultsThree particular challenges were identified. The first is knowing when and how to act in the face of scientific uncertainty. The second is knowing how to address the special needs of at-risk individuals without compromising the health and safety of the population as a whole. The third is to ensure that a policy is sufficiently monitored and evaluated.ConclusionsDespite the availability of compelling evidence of a relationship between a particular nutrient and a health outcome, a definitive policy response may not be apparent. Judgement and interpretation inevitably play significant roles in influencing whether and how authorities translate scientific evidence into mandatory food fortification policy. In relation to the case study, it would be prudent to undertake a risk–benefit analysis of policy alternatives and to implement nutrition education activities to promote folic acid supplement use among the target group. Should mandatory folate fortification be implemented, comprehensive monitoring and evaluation of this policy will be essential to know that it is implemented as planned and does more good than harm. In relation to mandatory food fortification policy-making around the world, ongoing national nutrition surveys are required to complement national policy guidelines.

Understanding the gap between green building practice and legislation requirements in South Africa

2015 ◽  
Vol 4 (1) ◽  
pp. 67-96 ◽  
Author(s):  
Abimbola Olukemi Windapo ◽  
Jack Steven Goulding
Keyword(s):  
South Africa ◽  
Construction Industry ◽  
South African ◽  
Health And Safety ◽  
Green Building ◽  
Western Cape ◽  
Western Cape Province ◽  
Content Type ◽  
Construction Company ◽  
Management Staff

Purpose – The purpose of this paper is to examine green building legislation requirements and practices in the construction project execution stage within the context of the South African construction industry. The rationale for this examination rests with the perception that the implementation of green practices (per se) has been recognised as being “behind” the legislation enacted to control the design and construction of green buildings. Design/methodology/approach – The research process consisted of a literature review to identify existing green building legislation and practices applicable to the project execution phase. This was supported by a sequential mixed-method research approach, which involved a survey of contracting companies based in the Western Cape Province of South Africa. Purposive sampling was used to undertake focused interviews with management staff and site operatives. Findings – Research findings established a number of issues, not least: a gap between green building practices and legislation requirements; a high degree of unawareness of green building legislation/practices by construction company stakeholders; selective implementation of health and safety legislative requirements; that management staff had a more “positive” attitude to green building practices than site-based staff who tended to be less motivated and open to such practices. Research limitations/implications – Results from this study are considered generalisable with the sample frame only. Research inference and projections should therefore only be made within this set, and not to the wider population of South African contractors (as this study was limited to the Western Cape Province). Practical implications – Implications from this research are applicable to construction company stakeholders within the population set. Practical considerations include the need to acknowledge a formal commitment to developing a sustainable built environment – especially cognisant of the gap between practices on site and green building legislation requirements. Moreover, this lack of awareness in respect of green building practices and legislation requirements impinges upon several wider areas, not least: construction company stakeholders’ positioning, health and safety practices; managerial and operational staff perceptions, and stakeholders’ willingness and motivation to proactively address these gaps. Social implications – Government bodies and allied professionals in charge of construction industry development are encouraged to consider the implementation of green building legislation requirements on construction sites. This reflection should encourage engagement through formative legislative provision and transparent awareness campaigns. Originality/value – This work is original insofar as it directly addresses the alignment of legislation to current practices within the context of the South African construction industry. However, similar exercises have been undertaken on green building legislation in other countries such as USA, UK and Australia.

scholarly journals Análisis de la gestión de la seguridad y salud en las obras de construcción en Sudáfrica. Nueva regulación en materia preventiva, nuevos desafíos, nuevas oportunidades = Management analysis of Health and Safety on construction sites in South Africa, New c

2015 ◽  
Vol 1 (1) ◽  
pp. 49
Author(s):  
Jesús Esteban Gabriela ◽  
Iván Martín Pérez
Keyword(s):  
South Africa ◽  
Risk Assessment ◽  
South African ◽  
Construction Management ◽  
Health And Safety ◽  
Construction Sector ◽  
Construction Sites ◽  
South African Council ◽  
Safety Specification ◽  
Fall Protection

Sudáfrica se enfrenta en la actualidad a nuevos retos en el sector de la construcción. Por un lado, la necesidad de un nuevo modelo de sector energético que ayude al crecimiento sostenible del país así como a su modernización, y por otro lado la necesidad urgente de mejorar las altas cifras de siniestralidad que el sector de la construcción sigue teniendo a fecha de hoy. Para ello, en febrero del año pasado, 2014, el Ministerio de Trabajo sudafricano publicó un nuevo texto legal – Construction Regulations 2014 -, modificando al que ya existía en vigor– Construction Regulations 2003, regulando las nuevas obligaciones en materia de seguridad y salud de todos los intervinientes haciendo especial hincapié en la figura del Promotor (“client”) como eje vertebrador de la promoción de la seguridad y salud en las obras de construcción. La aparición de la designación obligatoria de nuevos profesionales en materia de seguridad y salud tanto para el promotor como para las empresas participantes (“principal contractor” y “contractor) dotan a la actual organización preventiva de obra de una mayor estructuración y claridad a la hora de acometer la implantación de los principios básicos de la gestión preventiva a través del seguimiento de los trabajos por parte de dichos profesionales basándose en documentos de gestión preventiva establecidos de igual forma (“risk assessment”, “health and safety specification”, “fall protection plan” y el “health and safety file”). El registro de dichos profesionales ante la SACPCMP - “South African Council for Project and Construction Management Professions”, obligatorio a partir del 6 de agosto de 2015, dotará de una mayor profesionalización de los técnicos que desempeñen dichas funciones; cuestión fundamental para seguir trabajando en la mejora de los índices de siniestralidad del sector de la construcción en Sudáfrica. Abstract South Africa is currently facing new challenges in the construction sector. On the one hand, the need for a new model of energy sector to assist the sustainable growth of the country and its modernization, and secondly the urgent need to improve the high number of accidents rates that the construction sector still keeps to date. On last February, 2014, the Ministry of Labor released a new construction regulations – construction regulations 2014 – modifying to Construction Regulations 2003, regulating the new duties and obligations on health and safety belong to all agents involved with special emphasis on the role of “Client” as the backbone of promoting the health and safety matters on construction sites. The emergence of new mandatory professionals appointments on health and safety both for client and principal contractor – contractor, endow to current safety organizational chart on site with a better structure and clarity to undertake the implementation of the basic principles of preventive safety management through monitoring by these professionals based in all new safety documents established likewise ("risk assessment", "health and safety specification", "fall protection plan "and" health and safety file "). The register of these new safety roles through SACPCMP - “South African Council for Project and Construction Management Professions”, will come into in force on 6th august, 2015. This register will provide better professionalism of technicians who perform those duties, essential point to keep improving the accidents – incidents rates on construction sector in South Africa.

scholarly journals Small business barriers to occupational health and safety compliance

2019 ◽  
Vol 11 (1) ◽  
Author(s):  
Elriza Esterhuyzen
Keyword(s):  
South Africa ◽  
Occupational Health ◽  
Small Business ◽  
South African ◽  
Small Businesses ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Well Being ◽  
Business Owners ◽  
Small Business Owners

Background: The Constitution of South Africa indicates that all people have the right to an environment that is not harmful to their health and well-being. This right is reiterated in the Occupational Health and Safety Act 83 of 1993. However, small business owners and/or managers experience specific barriers to occupational health and safety (OHS) compliance. The study was conducted in Gauteng, KwaZulu-Natal and the Western Cape provinces of South Africa, as these three provinces account for 82% of active businesses in South Africa.Objective: This article discusses barriers to OHS compliance as perceived by South African small business owners and/or managers.Method: A total of 350 small business owners and/or managers from the three above-mentioned provinces participated in a questionnaire survey, with one section focussing on barriers to OHS compliance. Participants rated 11 predetermined barriers to OHS compliance and could indicate and rate additional barriers. Descriptive and inferential statistics were used to report on these perceived barriers.Results: Results indicated that the perceived barriers to OHS compliance can be categorised as human and resource barriers.Conclusion: South African small business owners and/or managers experience barriers to compliance that prevent them from full compliance with OHS directives, which can be costly. Small business owners and/or managers need to take cognisance of applicable OHS directives as well as identified barriers to compliance. These barriers need to be addressed to allow small businesses to comply with OHS directives and to enhance the sustainability of small businesses. The question is not whether small businesses can afford OHS compliance, but if they can afford not to overcome barriers and comply.

scholarly journals Occupational Health (OH) Practices in South African Construction

2020 ◽  
Vol 312 ◽  
pp. 03003
Author(s):  
John Smallwood ◽  
Claire Deacon
Keyword(s):  
South Africa ◽  
Construction Industry ◽  
South African ◽  
Mental Stress ◽  
Health And Safety ◽  
Continuing Professional Development ◽  
Construction Workers ◽  
Repetitive Movement ◽  
Professional Category ◽  
Self Administered Questionnaire

Health hazards in construction include: ergonomic stresses such as bending, lifting and repetitive movement and vibration; environmental stresses such as heat, sun, noise, poor illumination, and wet or damp work; skin and respiratory exposure to chemicals and dust, as well as mental stress among managers, supervisors, and workers. In South Africa, these may add to the health problems experienced by construction workers because of poor community health, substance abuse, and inadequate health services. A self-administered questionnaire survey was conducted among the professional category of construction health and safety (H&S) practitioners to determine OH issues in construction. Findings include: the extent to which OH aspects were identified by respondents on projects in 2017 indicates that construction entails exposure to a range of OH hazards and risk; the degree of OH knowledge and awareness is limited as opposed to extensive; the source of OH knowledge is informal; there is a need for OH to be embedded in tertiary built environment programmes, OH continuing professional development (CPD), and a construction industry OH standard, and OH practice notes.

scholarly journals Some international perspectives on legislation for the management of human-induced safety risks

2016 ◽  
Vol 8 (2) ◽  
Author(s):  
Alfonso Niemand ◽  
Andries J. Jordaan ◽  
Hendrik Minnaar
Keyword(s):  
South Africa ◽  
European Union ◽  
South African ◽  
Land Use Planning ◽  
Health And Safety ◽  
Eu Countries ◽  
Technological Disasters ◽  
Safety Risks ◽  
The Usa ◽  
The Uk

Legislation that governs the health and safety of communities near major-hazard installations in South Africa is largely based on existing legislation that had been developed in the United Kingdom and other European Union countries. The latter was developed as a consequence of several major human-induced technological disasters in Europe. The history of the evolution of health-and-safety legislation for the protection of vulnerable communities in European Union (EU) countries, France, Malaysia and the USA is explored through a literature survey. A concise comparison is drawn between EU countries, the USA and South Africa to obtain an exploratory view of whether current South-African legislation represents an optimum model for the protection of the health-and-safety of workers and communities near major-hazard installations. The authors come to the conclusion that South-African legislation needs revision as was done in the UK in 2011. Specific areas in the legislation that need revision are an overlap between occupational health and safety and environmental legislation, appropriate land-use planning for the protection of communities near major-hazard installations, the inclusion of vulnerability studies and the refinement of appropriate decision-making instruments such as risk assessment. This article is the first in a series that forms part of a broader study aimed at the development of an optimised model for the regulatory management of human-induced health and safety risks associated with hazardous installations in South Africa.

scholarly journals THE IMPACT OF THE ELECTRICAL INSTALLATION REGULATIONS, 2009, ON THE SALE AND LEASE OF IMMOVABLE PROPERTY

Obiter ◽  
2021 ◽  
Vol 33 (3) ◽  
Author(s):  
Henk Delport
Keyword(s):  
South Africa ◽  
Occupational Health ◽  
South African ◽  
Occupational Safety ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Property Owners ◽  
Considerable Confusion ◽  
The Impact ◽  
Electrical Installation

The Electrical Installation Regulations, 2009, made by the Minister of Labour in terms of section 43 of the Occupational Health and Safety Act 85 of 1993 constitute yet another attempt on the part of the South African authorities to regulate the installation and use of electrical installations in buildings. The Regulations, published in terms of R 242 in Government Gazette 31975 of 6 March 2009,supersede the Electrical Installation Regulations, 1992, made by the Minister of Manpower in terms of section 35 of the Machinery and Occupational Safety Act 6 of 1983. They came into operation on 1 May 2009, with the exception of regulation 5(6) which took effect on 1 April 2010. The 2009 Regulations, like those they replace, impose certain substantive duties on users, lessors and installers of electrical installations. Of particular importance for property owners and lessors is the responsibility for the electrical installation on a property, and the duty to have a valid certificate of compliance in respect of such installation. The old Regulations did not describe these responsibilities and duties in clear terms, resulting in considerable confusion and uncertainty. Disappointingly, the new Regulationsare only marginally better in this regard. The Department of Labour has published explanatory notes on the Regulations, but they do little more than merely citing each regulation and stating that it is selfexplanatory. The Regulations were preceded by a number of drafts which, reportedly, elicited “acrimonious debate”, even the possibility of litigation involving the Electrical Contractors’Association of South Africa and the Department of Labour. However, the main points of dispute were not so much the impact of the Regulations on the sale and lease of immovable property but revolved around issues affecting the electrical contracting industry and its stakeholders. This note focuses on the requirements to be met in terms of the Electrical Installation Regulations, 2009, in relation to the sale and lease of immovable property, residential premises in particular. To place the discussion in perspective it is firstly necessary to examine briefly the objective and scope of the Regulations, having regard to certain key definitions contained in the Occupational Health and Safety Act and the Regulations. Any word or expression to which a meaning has been assigned in the Act has the samemeaning for the purposes of the Regulations.

scholarly journals A pilot study on post-evisceration contamination of broiler carcasses and ready-to-sell livers and intestines (mala) with Campylobacter jejuni and Campylobacter coli in a high-throughput South African poultry abattoir

2006 ◽  
Vol 77 (3) ◽  
Author(s):  
A.J. Bartkowiak-Higgo ◽  
C.M. Veary ◽  
E.H. Venter ◽  
A-M. Bosman
Keyword(s):  
South Africa ◽  
South African ◽  
Poultry Meat ◽  
Detection Methods ◽  
Campylobacter Coli ◽  
Street Vending ◽  
South Africans ◽  
Conventional Culture ◽  
Polymerase Chain ◽  
Campylobacter Spp

To assess post-evisceration contamination of broiler carcasses, 300 samples were randomly selected during routine slaughter in the winter of 2004. The samples originated from 50 chicken carcasses, taken directly after evisceration, as well as 25 samples from ready-to-sell packages of fresh intestines (mala) and livers. The samples were taken in batches over a period of 4 weeks to allow randomised sampling from different farms of origin. Conventional culture-based detection methods of Campylobacter spp. usually need 4-6 days to produce a result. The polymerase chain reaction (PCR) used for this study took less than 32 hours. The average contamination rates with Campylobacter in both the skin and liver samples were 24 %, and 28%for intestines. Chicken and chicken products, especially livers and intestines, forman integral part of the traditional diet of many Black South Africans, as they are cheap and readily available in bulk and un-chilled for direct distribution, mainly through street vending and other informal retail outlets. This sudy showed that Campylobacter spp. are prevalent in poultry in South Africa. The handling of poultry meat and products contaminated with this organism in households and the potential for cross-contamination of other foods presents a high risk of infection to consumers in South Africa. The study also emphasised the need for further research in this field.

scholarly journals PEELING THE ORANGE: A CRITICAL ASSESSMENT OF THE LEGALITY OF THE EUROPEAN UNION SANITARY AND PHYTOSANITARY MEASURES REGIME AGAINST CITRUS PRODUCE FROM SOUTH AFRICA

Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
Clive Vinti ◽  
Loyiso Makapela
Keyword(s):  
South Africa ◽  
European Union ◽  
Scientific Evidence ◽  
Black Spot ◽  
Scientific Basis ◽  
Critical Assessment ◽  
Risk Assessments ◽  
The European Union ◽  
Scientific Certainty ◽  
Phytosanitary Measures

This article examines the legality of the European Union’s sanitary and phytosanitary (SPS) regime implemented against citrus produce from South Africa. In essence, South Africa contends that the European Union’s SPS measures lack a technical and scientific basis in violation of the Agreement on the Application of Sanitary and Phytosanitary Measures. It is clear from the Pest Risk Assessments discussed in this article, in accordance with the requirements of the relevant articles of the Agreement on the Application of Sanitary and Phytosanitary Measures, that the likelihood of Citrus Black Spot establishing itself and spreading in the European Union is miniscule. This article concludes that the European Union SPS regime is neither based on sufficient scientific evidence nor scientific certainty; rather, it is based on speculation and conjecture, both of which are never grounds for establishing an appropriate level of protection.

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