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Employment and Labour issues notices for non-compliance with Occupational Health and Safety regulation to Gauteng Takealot

The Department of Employment and Labour’s Inspection and Enforcement Services (IES) inspectors, have discovered that South Africa’s largest online retail company, Takealot, has not been complying with the Occupational Health and Safety Act 85 of 1993, at its warehouse in Gauteng, Kempton Park, where parts of the facility pose immediate danger to its workers onsite.  

Takealot’s breach to a number of labour laws at the warehouse were uncovered on 27 September 2022 during the Department of Employment and Labour’s joint Mega Blitz inspections which started on Monday (26 September 2022) in the province.

The Department was conducting physical and administration inspections at the company and also engagements with the company’s onsite employees.   

The company was found to be in contravention of the following regulations in terms of the OHS Act:

•             Ergonomics Regulations

•             Pressure Equipment Regulations

•             General Administration Regulations

•             Hazardous Chemical Agent Regulations

•             Driven Machinery Regulations

•             General Safety Regulations 

The online retail management was also served with a notice direction to improve the company’s clinic facilities, create demarcated drive ways inside the warehouse and improve the company’s warehouse risk assessment specification.

And furthermore, the employer was also issued with three prohibition notices which prevent them from: allowing contractors onsite with step-ladders without non-skid rubber, storing of chemicals in a general storing area or racks in that they are flammable and can have adverse effect to the health and safety of employees, and deducting monies from employees for provision of protective safety shoes.

The Department has granted Takealot a period of 60 days from the date of the served notice to get its house in order.

The mega blitz inspection was spearheaded by the Department of Employment and Labour’s Inspector-General, Aggy Moiloa, who has indicated to the Takealot management that the Department is willing to assist them to comply with the labour laws.

“We don’t take pleasure in seeing you being squeamish. We don’t want that because we hardly ever subscribe to the stick approach, unless we are pushed to the limits and if you push us you are going to see that,” said Moiloa.

The Department’s inspectors also found that Takealot was not complying with the Unemployment Insurance Fund Act, Compensation for Occupational Injuries and Diseases Act, the Basic Conditions of Employment Act and compliance orders against the company were issued in those regards.

The Department of Employment and Labour conducted inspection on 19 workplaces on 27 September 2022 in the Gauteng Province where various number or combination of contraventions were found mostly in the area of Occupational Health and Safety.

“It’s been a trend (of contraventions) throughout the country. The compliance levels range from anything from 18 percent up to just under 40 percent,” said Moiloa.

About 11 undocumented foreign national employees and two employers were arrested at the Takealot warehouse site in Kempton Park and about three people were arrested in Pretoria yesterday. There are outstanding cases in Silverton area where the Home Affairs Immigration Agents are still verifying documents.

The Department of Employment and Labour’s joint mega blitz with the Department of Home Affair’s’ Immigration Services and the South African Police Service will continue again today (28 September 2022) until Friday (30 September 2022).

Source: Government of South Africa