BCEA Regulations on Hazardous Work by under 18's

The Minister of Labour recently published Regulations on Hazardous Work by Children in South Africa in terms of Government Gazette 32862.  The Regulations took effect from the 7th of February 2010.  In terms of the Basic Conditions of Employment Act (BCEA) and the Main Agreement, an employer may only employ a person of 15 years and older.  The Regulations define a “child” as a person under the age of 18, and therefore, whilst it is still legal to employ people of 15 years and older, the new Regulations will apply in respect of any employee between the ages of 15 and 18.

The Regulations define a “child worker” as any child who
i. is employed by or works for an employer and who receives or is entitled to receive any remuneration; or
ii. works under the direction or supervision of an employer or any other person

The purpose of the Regulations is to place restrictions on work performed by child workers, but which is not prohibited by law.  According to the Regulations, employers who employ child workers are required to undertake risk assessment processes which include identifying, analyzing and evaluating risks and hazards to which child workers may be exposed and implementing plans of safe working procedures and monitoring mechanisms to control any identified risks.  The Regulations place restrictions and prohibitions on the employment of children (amongst others):

• in areas associated with respiratory hazards
• in elevated positions
• required to lift heavy weights
• in hot, cold or noisy environments
• required to work with power tools and cutting/grinding equipment

The Regulations stipulate that labour inspectors may refer any contraventions of the Regulations to the Department of Social Development.  The Regulations further stipulate that any person who is found to be in contravention of the Regulations shall be guilty of an offence and shall be liable to a fine or imprisonment for a period of 12 months.  Any person found to continuously contravene the regulations will be liable to an additional fine of R200 or to an additional day of imprisonment for every day that the contravention continues.

It is compulsory, in terms of the Regulations, for employers who employ child workers to display a summary of the Regulations in the workplace where it can be read by all employees.  The summary is provided in the Regulations which are available on the SEIFSA website.  For further information, please contact SEIFSA’s Industrial Relations or Health and Safety Departments on 011 298 9400.