Question & Replies No 1626 to 1650

2009-11-03

Search this file by selecting Ctrl + F on your keyboard

[PMG note: Replies are inserted as soon as they are provided by the Minister]

QUESTIONS FOR WRITTEN REPLY NO1650 / NW2056E

FRIDAY, 23 OCTOBER 2009

QUESTION*: Mr I M Ollis (DA) to ask the Minister of Labour:

1. Whether the Department developed and adopt a policy providing guidelines for the appointment of individuals with criminal record; if so, (a) when was the policy (i) developed and (ii) adopted, and (b) please provide a copy of the policy; if not, are there any plans to develop and adopt such a policy; if so, (i) when, and (ii) what are the details?

2. Whether the department does any pre-employment screening of potential employees for criminal records; if not, why not; if so, what are the relevant details?

3. Whether any employees with criminal records are currently employment by the department; if so, (a) how many, (b) what is their specific (i) job level and (ii) occupational category?

The Minister of Labour replied:

1. The department developed a new policy addressing all security measures, of which the subject in question was also part there of. The draft policy is still in the process of final adoption by the National Intelligence Agency (NIA). However the department is currently applying the Minimum Information Security Standards (MISS) guidelines in dealing with such issues.

2. The Department conducts pre-employment screening on all candidates who apply for employment.

3. Yes. The process of appointing candidates with criminal records is informed by the Personnel Suitability Checks (PSC) guideline as well as the MISS provided by the National Intelligence Agency (NIA), however each case is treated in accordance to its own merit.

(a), (b), (i) and (ii) listed here below as follows:

OFFICE	EMPLOYEES WITH CRIMINAL RECORDS ON ESTABLISHMENT	NUMBER OF EMPLOYEES	JOB LEVEL	OCCUPATIONAL CATEGORY
UIF	No	-	-	-
CF	Yes	1	12	Manager: Auxiliary Service
Indlela	No	-	-	-
GN	Yes	1	5	CSO
GS	No	-	-	-
Frees State	No	-	-	-
North West	No	-	-	-
KwaZulu/Natal	No	-	-	-
Limpopo	Yes	6	5 X1 6 X1 8 X3 10 X1	CSO Inspector Inspector, Team Leader, Supervisor MLC AM: Finance
Mpumalanga	Not reached for response
WC	No	-	-	-
EC	Not reached for response
NC	Yes	4	5 X1 7 X1 8 X2	SAC CSO MLC Team Leader

NATIONAL ASSEMBLY

FOR WRITTEN REPLY

QUESTION 1648

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 09/10/09

(INTERNAL QUESTION PAPER NO 20-2009)

Mr I M Ollis (DA) to ask the Minister of Higher Education and Training:

(1) Whether all (a)(i) offices and (ii) sites of his department and (b) entities reporting to him adhere to the Occupational Health and Safety Act, Act 85 of 1993; if not, (aa) why not, (bb) which facilities fail to adhere to the Act, (cc) where are they situated and (dd) what (aaa) aspects of the Act does each such facility not comply with and (bbb) action has been taken in each case; if so, what are the relevant details;

(2) (a) how often should each facility be inspected and (b) when last was each facility inspected? NW2054E

REPLY:

(1) (a) (i) and (ii) The Department of Higher Education is not fully functional yet and is currently making use of the facilities and resources of the Department of Education. The Department of Education Higher is accommodated in one of the three buildings occupied by the Department of Education, in Central Pretoria and all these adhere to the Occupational Health and Safety Act.

(b) CHE, SAQA and UMALUSI, are entities that report to the Minister for Higher Education and Training. They all adhere to the Occupational Health and Safety Act.

(2). The Act does not specify how frequent inspections must take place.

The Landlord does inspect monthly and the internal Office Services at least weekly

NATIONAL ASSEMBLY

WRITTEN REPLY

QUESTION NO 1646

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 12 OCTOBER 2009: INTERNAL QUESTION PAPER NO 20 – 2009

"1646. Ms M R Shinn (DA) to ask the Minlster of Science and Technology:

(1) Whether are all(a)(i) offices and (ii) sites of her department and entities reporting under her adhere to the occupational health and safety Act, Act 85 of 1993, if not, (aa) why not,(bb) which facilities fail to adhere to the Act,(cc) where are they situated and(dd) what(aaa) aspects of the act does each such facility not comply with and (bbb) action has been taken in each case, if so what are the relevant details:

(2) (a) how often should each facilities be inspected and (b) when last was each facility inspected?

REPLY:

Department of Science and Technology:

1. Yes.

(a)(i) The Department office facilities in Cape Town and Pretoria adhere to the requirements of the Occupational Health and Safety Act, Act 85 of 1993.

To ensure adherence to the Act, the Department has established a Special Programmes Unit to deal specifically with Occupational Health and Safety issues.

The Health and Safety Representatives have been appointed to perform health and safety functions in respect of sections of the workplace for which they have been designated.

The information, instructions, training and supervision is being provided as may be necessary to ensure as far as reasonably practicable, the health and safety of employees at work.

Hazard Identification Risk Assessment (HIRA) shall be conducted in the entire departmental offices to identify the hazards, assess the risk of injury and pro-actively implement the corrective measures in order to comply with the Occupational Health and Safety Legislation.

2. (a) All office facilities are inspected quarterly

(b) The last Inspection for the Pretoria office was conducted on the 22 September 2009 and Cape Town office was conducted on 11 March 2009.

SITE AND ENTITIES

Council for Scientific and Industrial Research (CSIR):

I . Yes

(a)(i) All offices and sites of the CSIR adhere to the Occupational Health and Safety Act, Act 85 of 1993.

2. (a) The inspections are conducted monthly as part of the health and safety inspection plan carried out by Health & Safety Representatives.

(b) The last inspections were carried out on 30 September 2009. In addition to the inspections, CSIR carry out internal audits in all offices and sites, and conducts external health and safety assessments by SABS as part of its certification verification audits to Occupational, Health and Safety Standard OHSAS 18001 annually.

Tshumisano TrusT:

1. Yes.

(a)(i) The Tshumisano Trust's Head Office and 15 Technology Transfer Centers situated at Universities across the country adhere to the Occupational Health and Safety Act, Act 85 of 1993.

2. (a) The inspections are conducted by the Innovation Hub at the Tshumisano Trust Head Office every six months and the Technology Transfer Centers are subject to the rules and regulations of the individual universities which in turn are all required to adhere to the provisions of the Occupational Health and Safety Act.

(b) The last inspection was conducted at Tshumisano Trust's Head Office on the 15 October 2009.

Human Science Research Council (HSRC):

I. Yes.

(a)(i) The HSRC adheres to the Occupational Health and Safety Act, Act 85 of 1993.

2. (a) The inspections are conducted by the National Occupational Safety Association (NOSA) annually.

(b) The last inspection was conducted in February 2009.

Academy of Science of South Africa (ASSAf):

1. Yes.

(a)(i) ASSAf adheres to the Occupational Health and Safety Act, Act 85 of 1993. Until recently, ASSAf was located in the DST buildings and was covered by the DST on Issues of Occupational Health and Safety.

2. (a) The inspections will be conducted by the appointed health and safety representatives monthly.

(b) The last Inspection was conducted in September 2009.

Technology Innovation Agency (TIA):

1. Yes.

(a)(i) Ail offices and sites of TIA adhere to the Occupational Health and Safety Act, Act 85 of 1993.

2. (a) The inspections are conducted every six months.

(b) The last inspection was conducted in June 2009

National Research Foundation (NRF):

1. Yes.

(a)(i) The NRF adheres to the Occupational Health and Safety Act, Act 85 of 1993.

2. (a) The inspections are carried out annually.

(b) The last inspection was carried out in March 2009.

African Institute of South Africa (AISA):

1. Yes.

(a)(ii) The African Institute of South Africa adheres to certain provision of the Occupational Health and Safety Act, Act 85 of 1993.

(aa) I Baily Lane, Corner Edmund and Baily Lane, Arcadia, Pretoria.

(aaa) AlSA does not comply with the National Building regulation promulgated under Occupational Health and Safety Act.

(bbb) AlSA remains committed to procuring the necessary fire fighting equipment to unsure that they adhere to the Act.

2. (a) The number of inspections annually shall be determined once the Health and Safety Representatives are appointed.

(b)The last inspection was conducted in June 2008 by the Department of Labour.

FOR WRITTEN REPLY

QUESTION NO 1645

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 09 OCTOBER 2009

(INTERNAL QUESTION PAPER NO 20)

1645. Ms M R Shinn (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether all (a)(i) offices and (ii) sites of her department and (b) entities reporting to her adhere to the Occupational Health and Safety Act, Act 85 of 1993; if not, (aa) why not, (bb) which facilities fail to adhere to the Act, (cc) where are they situated and (dd) what (aaa) aspects of the Act does each such facility not comply with and (bbb) action has been taken in each case; if so, what are the relevant details;

(2) (a) how often should each facility be inspected and (b) when last was each facility inspected?

REPLY:

(1)(a)(i) Approximately 74% of offices of My Department adhere to the Occupational Health and Safety Act, Act 85 of 1993.

(1)(a)(ii) Approximately 63% of sites (i.e. schemes, dams) adhere to the Occupational Health and Safety Act, Act 85 of 1993

(1)(b) According to the OHS Act, it is the responsibility of individual entities to adhere to OHS. Therefore, none report to me directly.

(1)(b)(aa) My Department occupies old buildings (especially at Head Office) with inherent structural defects that are not possible to correct. Therefore some aspects of these buildings do not adhere to the modern OHS requirements. However, My Department is in discussion with Public Works on the status of the buildings. In turn, Public Works is looking for modern buildings that would adhere to OHS. However, this will come at a high cost.

(1)(b)(bb) Refer to (1)(b)(aa) above.

(1)(b)(cc) Refer to (1)(b)(aa) above.

(1)(b)(dd)(aaa) There is inadequate compliance to the following requirements –

· Lighting

· Fire precautions and egress

· Housekeeping

· Structural requirements

· Provision of a smoke free workplace.

· Poor display of substitute notices and signs to make people aware of safety hazards at the dams.

(1)(b)(dd)(bbb) The National Safety, Health and Environmental committee has been established to review the effectiveness of the interventions. Also, My Department is working with Public Works around technical issues.

(2)(a) Each facility is inspected once a month and machinery at specific intervals as stipulated by the applicable South African National Standard (SANS) for machinery in use.

(2)(b) The last inspection was in September 2009.

QUESTION 1644 (Written)

14 OCTOBER 2009

1644. Mr. M W Rabotapi (DA) to ask the Minister of Public Works:

(2) (a) how often should each facility be inspected and (b) when last was each facility inspected?

REPLY:

Yes, the offices, sites and entities for the National Department of Public Works are complying with the Occupational Health and Safety Act. As DPW we have a legal and moral obligation to comply with this legislation and we will never compromise the health and safety of our employees.

Yes, all entities like Agreement South Africa, Independent development trust, Construction industries development board and Council for Built Environment are fully complying with occupational health and safety.

The Occupational Health and Safety Act is silent in-terms of the frequency of the inspection, however, the department is conducting inspections on a weekly basis. The last audit was conducted on the 16^th of October 2009.

NATIONAL ASSEMBLY

TYPE: WRITTEN QUESTION

MINISTRY: SPORT AND RECREATION SA

QUESTION: NO 1641

(Internal Question Paper No 20 – 2009)

Mr J J van der Linde (DA) to ask the Minister of Sport and Recreation:

(1) Whether his department developed and adopted a policy providing guidelines for the appointment of persons with a criminal record? If so,

(a) When was the policy?

(i) Developed and

(ii) Adopted and

(b) Where can a copy of the policy be obtained?

(2) Whether his department has any plans in place to develop and adopt such a policy; if not, why not; if so, what are the relevant details?

(3) Whether his department does any pre-employment screening of potential employees for criminal records; if not, why not; if so, what are the relevant details?

(4) Whether any employees with criminal records are currently employed by his department? If so,

(a) How many and

(b) What is their

(i) Job level and

(ii) Occupational category?

NW2047E

REPLY:

1) No

2) Yes.

The Recruitment and Selection policy is being reviewed. The policy will include guidelines and procedures on the appointment of persons with criminal records.

3) Yes.

The department of Public Service and Administration issued a directive on 1 January 2008 that requires the verification of candidate's criminal records, citizenship, financial / asset record checks as well as qualification / study verifications. The department conducts criminal record checks through the National Intelligence Agency.

4) Yes.

a) Three.

The negative record of the three employees was picked up during the implementation of the National Vetting Strategy which requires all new employees to be vetted with effect from 1 January 2008. There may be other employees with a criminal record within the department who were employed before the National Vetting strategy was implemented.

b) (i) Levels 9, 5, 5

(ii) Two Line functionaries, 1 clerical / financial.

QUESTION: NO 1640

(Internal Question Paper No 20 – 2009)

Mr J J van der Linde (DA) to ask the Minister of Sport and Recreation:

(1) Whether all

(a)

(i) Offices and

(ii) Sites of his department and

(b) Entities reporting to him adhere to the Occupational Health and Safety Act, Act 85 of 1993; if not,

(aa) Why not?

(bb) Which facilities fail to adhere to the Act?

(cc) Where are they situated and

(dd) What

(aaa) Aspects of the Act does each such facility not comply with and

(bbb) Action has been taken in each case; if so, what are the relevant details?

(2)

(a) How often should each facility be inspected and

(b) When last was each facility inspected?

NW2046E

REPLY:

1) a) All offices and sites of the Department of Sport and Recreation SA

(SRSA) do adhere to the Occupational Health and Safety Act 85 of 1993.

b) SRSA is not under law obliged to ensure that the entities reporting to the Minister adheres to the Occupational Health and Safety Act 85 of 1993. These entities are independently responsible for compliance.

2) The facilities that SRSA are responsible for are inspected on a continuous basis.

THE NATIONAL ASSEMBLY

QUESTION FOR WRITTEN REPLY

Question 1638

Mr P van Dalen (DA) to ask the Minister of Trade and Industry:

(1) Whether his department developed and adopted a policy providing guidelines for the appointment of persons with a criminal record; if so, (a) when was the policy (i) developed and (ii) adopted and (b) where can a copy of the policy be obtained; If not,

(2) Whether his department has any plans 'in place to develop and adopt such a policy; if not, why not: if so, what are the relevant details:

(3) Whether his department does any pre-employment screening of potential employees for criminal records; if not, why not: if so. What are the relevant details;

(4) Whether any employees with criminal records are currently employed by his department; if so, (a) how ,many and (b) what is their (i) job level and (ii) occupational category?' W2044E .

Response:

(1) (a) (i) the dti has guidelines for the appointment of persons with a criminal record that form part of the Guide, for Interpretation and Evaluation of Personnel Suitability Checks.

(ii) The guidelines are in process of being translated into policy.

(b). the dti's office in Pretoria.

(2) Yes, as per 1 (a)(i) above.

(3) the dti conducts pre-employment screening on all prospective employees. Prospective employees criminal records are verified. The newly established Vetting Unit will in future perform this function in accordance with the prescribed guidelines by the National Intelligence Agency (NIA).

(4) Information on employees with a criminal record will be available when record keeping and management of employees with a criminal record is implemented through the newly established Vetting Unit.

NATIONAL ASSEMBLY FOR WRITTEN REPLY

QUESTION NO 1637

DATE REPLY SUBMITTED: TUESDAY, 15 DECEMBER 2009

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 09 OCTOBER 2009 (INTERNAL QUESTION PAPER NO 20 – 2009)

Mr P van Dalen (DA) asked the Minister of Transport:

(1) Whether his department developed and adopted a policy providing guidelines for the appointment of persons with a criminal record; if so, (a) when was the policy (i) developed and (ii) adopted and (b) where can a copy of the policy be obtained; if not,

(2) whether his department has any plans in place to develop and adopt such a policy; if not, why not; if so, what are the relevant details;

(3) whether his department does any pre-employment screening of potential employees for criminal records; if not, why not; if so, what are the relevant details;

(4) whether any employees with criminal records are currently employed by his department; if so, (a) how many and (b) what is their (i) job level and (ii) occupational category?

NW2043E

REPLY:

The Minister of Transport:

(1) No, the Department of Transport (DoT) does not have policy guidelines for the appointment of persons with a criminal record. Employment will always be in accordance with the Public Service Act and Public Service Regulations applicable to the whole of the Public Service.

All candidates are subjected to a pre-employment screening before an appointment is made. If a preferred candidate can be found to have a criminal record, the matter is discussed with the relevant Head of the Branch (Deputy Dirctor-General) to determine the level of risk in appointing such a candidate.

(a) (i) and (ii) and (b) Fall away.

(2) Yes, the DoT is intending to review the Recruitment and Selection Policy and to incorporate the issue into it by 31 March 2010, in consultation with the Department of Public Service and Administration.

(3) Yes, the DoT does conduct pre-employment screening for potential employees for, among others, criminal records - this is done through the National Intelligence Agency (NIA).

Part VII D.8 (a) of the Public Service Regulations, 2001, as amended, prescribes that the following verifications shall be covered on appointment:-

· Criminal record checks;

· citizenship verification;

· financial/asset record checks.

· qualifications/study verification; and

· previous employment verification (reference checks)

(4) Yes.

(a) Seven employees with criminal records, as verified through the security check process with the NIA are currently employed by the Department.

(b) (i) Job levels

Two employees on salary level 13 (Directors)

Two employees on salary level 12 (Deputy Directors)

One employee on salary level 8 (Senior Administration Officer)

Two employees on salary level 6 (Administrative Assistants)

(b) (ii) Occupational categories

Two employees at Senior Management level (level 13 and above)

Two employees at Middle Management level (levels 9 to 12)

Three employees at lower level (levels 8 and below)

FOR WRITTEN REPLY

QUESTION NO 1636

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 09 OCTOBER 2009

(INTERNAL QUESTION PAPER NO 20)

1636. Mr P van Dalen (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether her department developed and adopted a policy providing guidelines for the appointment of persons with a criminal record; if so, (a) when was the policy (i) developed and (ii) adopted and (b) where can a copy of the policy be obtained; if not,

(2) whether her department has any plans in place to develop and adopt such a policy; if not, why not; if so, what are the relevant details;

(3) whether her department does any pre-employment screening of potential employees for criminal records; if not, why not; if so, what are the relevant details;

(4) whether any employees with criminal records are currently employed by her department; if so, (a) how many and (b) what is their (i) job level and (ii) occupational category? NW2042E

---00O00---

REPLY:

(1)(a)(i) No, My Department has not developed a Policy on how to deal with vetting people with criminal records. However, when dealing with this matter, My Department is guided by the Minimum Information Security Standards (MISS).

(1)(a)(ii) Refer to (1)(a)(i) above.

(1)(b) Refer to (1)(a)(i) above.

(2) Refer to (1)(a)(i) above

(3) Yes, My Department's pre-employment screening focuses on members from the senior management service (SMS) and other critical areas like offices of the Minister, Deputy Minister, Director-General and finance.

(4) My Department does not have a database of employees with criminal records.

--00O00--

NATIONAL ASSEMBLY

FOR WRITTENIORAL REPLY

QUESTION NO 1635

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 09 OCTOBER 2009

(INTERNAL QUESTION PAPER NO 20-2009)

*'Mr S Mokgalapa (DA) to ask the Minister of Arts and Culture:

(1) Whether the department developed and adopted a policy providing guidelines for the appointment of individuals with a criminal record; if so, (a) when was the policy (i) developed and (ii) adopted, and (b) please provide a copy of the policy; if not, are there any plans to develop and adopt such a policy; if so, (i) when, and (ii) what are the relevant details?

(2) Whether the department does any pre employment screening of potential employees for criminal records; (1) when, and (ii) what are the relevant details?

(3) Whether any employees with criminal records are currently employed by the department; if so, (a) how many, (b) what is their specific (i) job level and (ii) occupations t category?"

REPLY:

(1) Yes.

(a)(i) Between 1 January 2008 toJuly 2009 including consultation with different stakeholders.

(ii) 1 August 2009.

(b) Copy of policy attached.

(i) Not applicable.

(ii) Not applicable.

2. Yes, but has only started recently.

(i) Before appointment.

(ii) Started with the SMS' - pre-selection screening indicating security clearance and financial status.

3. (a) Unsure if any employees with criminal records are currently employed by the Department till all have been verified.

(b) No numbers are available at this stage.

(i) No numbers available at this stage.

(ii) No numbers are available at this stage.

NATIONAL COUNCIL OF PROVINCES

WRITTEN REPLY

QUESTION NO 1634

(Internal Question Paper No 29 - 2009)

Mr S Mokgalapa (DA) to ask the Minister of Cooperative Governance and Traditional Affairs:

(1) Whether his department developed and adopted a policy providing guidelines for the

appointment of persons with a criminal record; if so, (a) when was the policy (i) developed and (ii) adopted and (b) where can a copy of the policy be obtained; if not,

(2) whether his department has any plans in place to develop and adopt such a policy; if not, why not; if so, what are the relevant details;

(3) whether his department does any pre-employment screening of potential employees for criminal records; if not, why not; if so, what are the relevant details;

(4) whether any employees with criminal records are currently employed by his department; if so, (a) how many and (b) what is their (i) job level and (ii) occupational category? NW2040E

Answer

1. The department does not have an approved policy on criminal record checks.

2. The department will be re-enforcing the pre-screening to include SAPS criminal records and will be implementing the policy from 1 April 2010 as part of Minimum Information Requirements.

3. The department currently conducts reference checks criminal check and disciplinary cases checks in the case of posts of HoDs and DOGs.

4. Since the department has not implemented the criminal record checks, it is not aware of any person employed with criminal record in the current establishment.

NATIONAL ASSEMBLY

FOR WRITTEN REPLY

QUESTION NO. 1633

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 09 OCTOBER 2009

(INTERNAL QUESTION PAPER NO. 20)

Mr S Mokgalapa (DA) to ask the Minister of Health:

(2) whether his department has any plans in place to develop and adopt such a policy; if not, why not; if so, what are the relevant details;

(3) whether his department does any pre-employment screening of potential employees for criminal records; if not, why not; if so, what are the relevant details;

(4) whether any employees with criminal records are currently employed by his department; if so, (a) how many and (b) what is their (i) job level and (ii) occupational category?

NW2039E

REPLY:

(1) The Department has not developed a policy for the appointment of persons with a criminal record.

(2) The Department has plans to develop such a policy as provided for by the Vetting Strategy, which was approved by Cabinet for implementation in the public service.

(3) At the moment, only senior management positions are vetted as per government policy.

(4) According to the information at the disposal of the Department, no employees with criminal records were appointed.

NATIONAL ASSEMBLY

QUESTION FOR WRITTEN REPLY

QUESTION NUMBER: 1632

DATE FOR PUBLICATION: 9 OCTOBER 2009

DATE REPLY SUBMITTED: 27 NOVEMBER 2009

MR M MNQASELA (DA) TO ASK THE MINISTER IN THE PRESIDENCY: PERFORMANCE MONITORING AND EVALUATION AS WELL AS ADMINISTRATION IN THE PRESIDENCY:

(1) Whether all (a)(i) sites in the Presidency and (b) entities reporting to him adhere to the Occupational Health and Safety Act, Act 85 of 1993; if not, (aa) why not, (bb) which facilities fail to adhere to the Act, (cc) where are they situated and (dd) what (aaa) aspects of the Act does each such facility not comply with and (bbb) action has been taken in each case; if so, if so, what are the relevant details;

(2) (a) how often should each facility be inspected and (b) when last was each facility inspected?

NW2038E

REPLY:

1. All sites in The Presidency comply to the Occupational Health and Safety Act, Act 85 of 1993, however, some parts of the buildings such as the Union Building Central Wing may not comply in regard to the escape routes due to the heritage requirements. As a result, the same entry point is used as an escape route.

Inspections are conducted by OHS Representatives on a monthly basis. Moreover, an audit in all the offices and the official residences was conducted during October 2009

NATIONAL ASSEMBLY

QUESTION FOR WRITTEN REPLY

QUESTION NUMBER: 1631

DATE FOR PUBLICATION: 9 OCTOBER 2009

DATE REPLY SUBMITTED: 15 DECEMBER 2009

MR M MNQASELA (DA) TO ASK THE MINISTER IN THE PRESIDENCY: PERFORMANCE MONITORING AND EVALUATION AS WELL AS ADMINISTRATION IN THE PRESIDENCY:

(1) Whether the Presidency has developed and adopted as policy provided guidelines for the appointment of persons with criminal record; if so, (a) when was the policy (i) developed and (ii) adopted and (b) where can a copy of the policy be obtained; if not,

(2) Whether the Presidency has any plans in place to develop and adopt such a policy; if not, why not; if so, what are the relevant details;

(3) Whether the Presidency does any pre-employment screening of potential employees for criminal records; if not; why not; if so, what are the relevant details;

(4) Whether any employees with criminal records are currently employed by the Presidency; if so, (a) how many and (b) what is their (i) job level and (ii) occupational category?

NW2073E

REPLY:

1. The Presidency has not developed a policy providing guidelines for the appointment of persons with a criminal record.

2. The Department intends to provide guidelines to deal with negative vetting in the Departmental Recruitment and Selection Policy which is currently under review.

3 . Pre employment criminal record checks have been conducted for all potential employees recruited by the department through the National Intelligence Agency (NIA). If a person has a negative record, the case is submitted to the Security Section for comments. The outcome of each case, with the comments from the Security Section where applicable, is then submitted to the decision maker and dealt with on merit of the specific case.

4. The Presidency is aware of 1 official at Director level that has a criminal record.

END

NATIONAL ASSEMBLY

WRITTEN REPLY

QUESTION 1630

DATE OF PUBLICATION: FRIDAY 09 OCTOBER 2009 [IQP No 20 -2009]

FIRST SESSION, FOURTH PARLIAMENT

Question 1630 for Written Reply, National Assembly: Mr. M Mnqasela (DA) to ask the Minister for Agriculture, Forestry and Fisheries:

(2)(a) how often should each facility be inspected and (b) when last was each facility inspected? NW2036E

REPLY:

In respect of the Department of Agriculture, forestry and Fisheries

1. Some (i) offices and (ii) sites of the Department do not adhere completely to the Occupational Health and Safety, Act 85 of 1993.

(aa) The reason for the above is that the Occupational Health and Safety Unit which

operates on an advisory basis, has been established fairly recently, and in the

process of advocating for the upgrading of all our facilities in response to the Internal Audit Report submitted on 20 October 2008. It is our aim to ensure full compliance by March 2010.

(bb) The facilities detailed under (cc) fail to adhere to the Act

(cc) See Annexure A

(dd) (aaa) Due to the diverse kind of work which is carried out by the various

directorates within the department, most facilities do not meet

some aspects of the Occupational Health and Safety Act and the

relevant Regulations.

(ddd)In each case a comprehensive report is written outlining the facilities shortcomings in relation to the Act and the appropriate control measures

2. (a)The premises should be inspected monthly by the elected health and safety representatives and annually by the Occupational Health Safety Unit Officials

(b) See Annexure A

Agricultural Research Council

(1) All ARC Institutes and sites adhere to the Occupational Health and Safety Act, Act 85 of 1993 as stipulated in the Act except the Hatfield Central Office campus. ARC-SGI is renting office facilities from the Provincial Department Agriculture Northern Cape at Vaalharts and Rietriver, which does not comply with OHS Act.

(aa) The maintenance of the buildings and fire apparatus was a concern at Vaalharts and Rietriver, and risks assessment processes are under way to ensure compliance to the Act.

(bb) Central Office is in Hatfield, Vaalharts and Rietriver

(cc) Central Office is in Hatfield, Pretoria. Vaalharts and Rietriver located in the Northern Cape.

(dd) Appointments of committees as stipulated in the Section 16, 17 & 19 of the Act.

(bbb) Nominations of OHS committee members have been put forward for implementations.

(2) (a) The Chief Inspector, in terms of the Act, may use his/her discretion to inspect any premises. It was however, agreed between the OHS representatives and the ARC (employer) to inspect the workplace once every three months, as per section 18 (1)(g) of the Act. Inspections of these facilities are conducted regularly, and form the basis for all OHS reports, which are reported in each OHS meeting.

(b) The last inspection took place during August – September 2009.

Interms of section 8 of the Act, the ARC as employer is providing and maintaining, as far as is reasonably practicable, a working environment that is safe and without risk to the health of its employees.

National Agricultural Marketing Council (NAMC)

1. Whether all offices and sites of her department and entities reporting to her adhere to the Occupational Health and Safety Act, Act 85 of 1993; if not, why not,

Background

In 1996 Parliament passed the Marketing of Agricultural Products Act (Act No. 47 of 1996). This new act replaces the Marketing Act of 1968 and brings about deregulation in the South African agricultural industry.

The NAMC is a statutory body established in terms of the Act to advise the Minister of Agriculture and the South African Agriculture Industry on matters relating to the marketing of agricultural products.

In order to implement the provisions of the Act, the NAMC was established in January 1997, currently with a staff compliment of 36 employees. The Human Resources policies were developed and adopted. The conditions of employment, Human resources policies including the Occupational Health and Safety policy are currently under review.

2. Which facilities fail to adhere to the Act,

· The representatives were appointed to monitor health and safety conditions however two members have since resigned.

3NAMC is situated at:

536 Schoeman Street

Meintjiesplein Building

Block A 4^th Floor

Arcadia Pretoria 0001

4. NAMC does not comply with the following:

· The approved OHS policy

· The appointment of Health and Safety Representative in writing

· The establishment of an OHS Committee

· Functions/duties of health and safety committee

· The training of OHS representatives

· General duties of employee at work

5. The facilities have not been expected

NCERA Farms PTY LTD

(1)(a) NCERA farms adhere to the Occupational Health and Safety Act and our premises are inspected on a regular basis (once a month) by the Health Inspector.

(bb) CA and TB testing is carried out on the Dairy Herd as and when it is required by the law pertaining to Dairies. (Last test April 2008)

Both the dairy and our workshop premises are inspected by Department of Labour. During the last inspection, March 2008, the inspectors were unhappy with the prominence of the Basic Conditions of Employment Act, Occupational Health and (bbb) Safety & Act and Summary of the Employment Equity Act. New posters were purchased and the Inspectors returned 10 days later and expressed their satisfaction.

We also employ a person trained in First Aid and who attended a refresher course with the Ambulance Service on 22nd April 2008.

We also subscribe to FSP Labour Law from which organisation we receive very regularly any amendments to the Act and also recommendations. We find these a great Help and wherever possible or necessary to our organisation abide by these recommendations.

We have at no time experienced any but minor infringements which when pointed out were immediately rectified to the satisfaction of the Authority / Inspectors Concerned.

Onderstepoort Biological Products (OBP)

(1)(a) Yes,

OBP is subject to and adheres to the Occupational Health and Safety act (OHSA), act 85 of 1993. Employees are regularly trained on the provisions of the act.

(2)(a) Although the act does not stipulate the frequency of the audits, OBP conducts regular Safety and Environmental Audits. Regular internal audits of departments are done according to a set schedule.

(2b)(1b)(bb) & (bbb) Various audits have been done during the past years since incorporation e.g.:

Personal protective Equipment and Personal Protective Clothing by HASLAC during 21 February 2003,

OHS Audit by Nerscho on 28 and 29 August 2006,

Environmental Audit by specialized Help for industries and people (SHIP) on 19-21 May 2008 and

Fire Safety Audit by Tshwane Fire Brigade Services was done on 27 March 2009.

Perishable Products Export Control Board (PPECB)

1 PPECB has Occupational Health and Safety Policy that gives effect to the letter and spirit of the Occupational Health and Safety Act 85 of1993.It lays down PPECB's responsibilities appertaining to its own work places and the process for ensuring that clients do not expose PPECB employees to health and safety hazards in execution of PPECB's mandate in client's places of work.

Occupational Health and Safety representatives and management in our regional offices monitor health and safety on ongoing basis. T

QUESTION 1629

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 09/10/09

(INTERNAL QUESTION PAPER 20-2009)

Mr N D du Toit (DA) to ask the Minister of Basic Education:

(2) (a) how often should each facility be inspected and (b) when last was each facility inspected?

NW2035 E

REPLY:

(1) (a) (i) and (ii) The Department of Basic Education is not functional yet and is currently making use of the facilities and resources of the Department of Education. The Department of Education is stationed in three buildings in central Pretoria and they all adhere to the Occupational Health and Safety Act.

(b) At the moment it is not clear if the public entities which report to the Minister adhere to the Occupational Health and Safety Act. This information will be obtained and submitted to you as soon as possible.

(2) The buildings of the Department of Education are checked on a monthly basis for compliance and any deviations from the Occupational Health and Safety Act are corrected immediately.

FOR WRITTEN REPLY

QUESTION NO. 1627

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 09 OCTOBER 2009

(INTERNAL QUESTION PAPER NO. 20)

Mr N D du Toit (DA) to ask the Minister of Health:

(2) (a) how often should each facility be inspected and (b) when last was each facility inspected?

NW2033E

REPLY:

(1) (a) (i) No

(ii) No

(b) No

(aa) The Department of Health does not have a Cluster of Occupational Health nor a Directorate of Occupational health and Safety, the occupational health program is fragmented falling into different directorates at National and Provincially. In the National office there is no official responsible for comprehensive occupational health program.

(2) (a) Facilities are supposed to be inspected at least every quarter and again after every workplace incident that is reported.

(b) Data not available

This response is only in relation with the National Department of Health only and does not include that of the entities. The Honourable Member will be furnished with the rest of the information in due course.

2009-11-03

What's wrong with this page?