This newsletter highlights the latest statutory amendments, enactments, caselaw, notices and ancillary developments relevant to the SERR Synergy legal compliance products and services for the month.

Department of Employment and Labour

The Department of Employment and Labour, in Government Gazette No. 47062 dated 22 July 2022, withdrew the Code of Practice: Managing Exposure to SARS-CoV-2 in the Workplace, 2022 dated 15 March 2022 in Government Gazette No. 46058 due to it being replaced by the Code of Practice: Managing exposure to SARS-Cov-2 in the Workplace, 2022 in Government Gazette No. 46596 dated 24 June 2022.

Cancellation notice, cancelled or registration of Employers Organisations and Trade Unions

The Registrar of Labour Relations, Lehlohonolo Daniel Molefe, gave notice of the intention to cancel the registration of the following Employers Organisations and invited interested parties to submit comments as to why the registration should not be cancelled, or objections to this matter, within 60 days from the publication date of these Government Gazettes:

Paper Packaging Employers Association (LR 2/6/3/459) in Government Gazette No. 46648 dated 1 July 2022.
Welfare Employers Organisation of South Africa (WEO) (LR 2/6/3/266) in Government Gazette No. 47015 dated 15 July 2022.

The Registrar of Labour Relations, gave notice of the intention to cancel the registration of the following Trade Unions and invited interested parties to submit comments as to why the registration should not be cancelled, or objections to this matter, within 60 days from the publication date of these Government Gazettes:

South African Correctional Services Workers Union (SACOSWU) (LR 2/6/2/1733) in Government Gazette No. 46649 dated 1 July 2022
Trawler Line Fishermen’s Union (LR 2/6/2/67) in Government Gazette No. 46649 dated 1 July 2022
Administrative Library and Technical Staff Association (ALTSA) (LR 2/6/2/1739) in Government Gazette No. 46649 dated 1 July 2022
Democratic Postal and Communications Union (DEPACU) (LR 2/6/2/2209) in Government Gazette No. 47015 dated 15 July 2022
National Security Commercial and General Workers Union (NASEGWU) (LR 2/6/2/766) in Government Gazette No. 47133 dated 29 July 2022.

The Registrar of Labour Relations cancelled the registration of the following Trade Unions with effect from 20 July 2022:

Transport Retail and General Workers Union (THORN) (LR 2/6/2/442) in Government Gazette No. 47056 dated 21 July 2022
Laundry and Allied Workers Union of South Africa (LR 2/6/2/165) in Government Gazette No. 47057 dated 21 July 2022.

International / Cross-Border Labour Migration (ICBLM):

The Department of Employment and Labour, in July 2022, issued the Work Visa Application Procedure to the employer for the following types of visas as prescribed in the Immigration Regulations (Government Gazette No. 37335 dated 14 February 2014) for which the employer must submit the application at the Department of Employment and Labour:

ICBLM Work Visa Application Procedure – Annexure
ICBLM Checklist for Work Visa Application Procedure Form.

Bargaining Councils

The Minister of Employment and Labour, Thulas Nxesi, extended the following Bargaining Council’s Main Collective Amending Agreements to non-parties:

The Bargaining Council for the Canvas Goods Industry (Gauteng) in Government Gazette No. 47107 dated 29 July 2022, with effect from the second Monday after publication of this Notice and which shall remain in force until such time as the Agreement is amended, amplified, or replaced by a new Collective Agreement.
The Furniture Bargaining Council in Government Gazette No. 47107 dated 29 July 2022, with effect from the second Monday after publication of this Notice until 30 April 2023.

Metal and Engineering Industries Bargaining Council (MEIBC):

Consolidated Pension Fund Collective Amending Agreement in Government Gazette No. 46648 dated 1 July 2022, with effect from the second Monday after the date of publication of this Notice until 30 April 2026.
Consolidated Provident Fund Collective Amending Agreement in Government Gazette No. 46648 dated 1 July 2022, with effect from the second Monday after the date of publication of this Notice until 30 April 2026.
Sick Pay Fund Collective Amending Agreement in Government Gazette No. 46648 dated 1 July 2022, with effect from the second Monday after the date of publication of this Notice until 31 December 2026.

The MEIBC Chief Executive Officer, Sicelo Nduna, published the following circulars dated 13 July 2022:

Wage and Wage Related Increases in Terms of Lift Engineering Industry Settlement Agreement for the period of 1 July 2022 to 30 June 2023.
Guidelines for applying for Exemption from the Main Agreement Wage Increases and Special Phase-In Dispensation effective 1 July 2022 to 30 June 2024. The guidelines which appear under a SEIFSA logo were approved by the MEIBC Management Committee on 5 July 2022 and will be posted on the MEIBC website to assist Party Employers, i.e. all Employers who are members of any of the Employer Organisations that are signatory to the Consolidated Main Agreement 2021/2024 and who may find it necessary to apply for a wage-related or special phase-in dispensation exemption.

The above documentation can be requested by SERR Synergy Labour Pro clients from our Labour Department.

Occupational Health and Safety Act, 1993 (Act No. 85 of 1993):

The Acting Chief Inspector: OHS, Phumudzo Maphaha, in Government Gazette No. 46667 dated 6 July 2022, gave notice that all employers in the Class XXI: Medical services, Animal hospitals, etc. of the classification of industries in terms of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993) COIDA, are exempted from the provisions of the General Safety Regulations 3 (4).
The Acting Chief Inspector: OHS, in Government Gazette No. 46668 dated 6 July 2022, published a notice regarding the implementation of Regulation 8 of the Commercial Diving Regulations 2022, granting an exemption to Designated Medical Practitioners who currently do not have the qualification in occupational medicine to carry out medical examinations. This exemption is only valid for 3 years as from the date of publication.
The Acting Chief Inspector: OHS, in Government Gazette No. 46669 dated 6 July 2022, renewed the diving entities previously issued by the Department of Employment and Labour and gave notice that all commercial divers, diving supervisors, diving instructors and commercial diving schools have to re-apply to be issued with the new certification, as required by Regulation 3(11) of the Commercial Diving Regulations, 2022. Annexure F is the application form attached to the regulations.
The Minister of Employment and Labour, in Government Gazette No. 47109 dated 29 July 2022, published a Schedule of Fees to Register Entities with Department of Employment and Labour, effective from 1 July 2022.

Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)

The Director General of Employment and Labour, Thobile Lamati, in Government Gazette No. 47018 dated 14 July 2022, informed employers of the COIDA Compliance and Intentions to Conduct Employer COIDA Audits and Employer Site Visits. Employers, both registered and unregistered, including domestic employers, are hereby encouraged to ensure effective registration and compliance with COIDA, and can expect site visits and audits by representatives of the Compensation Fund.

National Environmental Management Act, 1998 (Act No. 107 of 1998):

The Minister of Forestry, Fisheries and Environment, Barbara Dallas Creecy, in Government Gazette No. 47133 dated 29 July 2022, amended the Section 24H Registration Authority Regulations 2016.

National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008):

The Minister of Forestry, Fisheries and Environment, in Government Gazette No. 47134 dated 29 July 2022, gave notice of the extension of the reporting period of identified producer responsibility organisations and producers to the extended producer responsibility online system until 31 August 2022.

The SERR Synergy Occupational Health and Safety Department can assist businesses to comply with the relevant legislation. The above documentation can be requested by SERR Synergy OHS clients from our OHS Department.

Compiled by:

SERR Synergy Research Division
Lané Boshoff – research@serr.co.za