Transportation in South Africa is governed by various legislation and frameworks, including the National Road Traffic Act, Sectoral Determination 13, Occupational Health and Safety Act and more. When businesses employ Temporary Employment Services (TES) and transport is provided, one must look at some critical components in ensuring their safety, well-being, and compliance with labour standards. The SIZA Transport Guide, developed to provide clear guidance for employers and auditors, outlines the importance of safe transportation for all workers, particularly those employed under TES arrangements. It emphasises the need for a holistic approach to transportation, considering safety, comfort, and legal compliance at every process stage. Businesses and auditors can review this guideline on their MySIZA platform profile under ‘Resources’.
Safe transportation refers to ensuring that workers, which include workers employed by Temporary Employment Services (TES), are moved in conditions that minimise passenger risk. Safe transportation encompasses multiple factors, including the vehicle’s condition, driver competency, safety protocols, and adherence to legal and ethical standards. TES workers are often recruited for short-term or seasonal work, which means they may not have access to their own reliable transportation. Regardless of whether the farm or the TES provides the transport, the responsibility is to provide safe transportation for workers, whether through their own means or third-party providers, but be insured.
The SIZA Transport Guide outlines specific considerations that employers must address to ensure the safe transportation of TES workers. In the future, auditors will focus more specifically on transport safety during an audit. Due to market requirements, the audit report will outline a business’ transport practices in detail. This may include what procedures are in place, how maintenance has been done, training on safety, and so on.
- Vehicle Standards and Maintenance
The safety of the vehicle is paramount. Employers must ensure that any vehicle used for transporting workers meets the required safety standards and is regularly maintained. This includes:
- Regular inspections: Vehicles should be inspected before each trip to check for defects, such as faulty brakes, broken lights, worn tyres, or other mechanical issues.
- Adequate seating: Workers should have sufficient space and seating to travel safely. Crowded vehicles, where workers are packed tightly, increase the risk of accidents and injuries.
- Safety features: Vehicles should be equipped with safety features such as seat belts, airbags, and emergency exits.
- Driver Competency and Training
The driver’s qualifications and ability are critical to the safety of the transportation process. Drivers must:
- Have valid licenses: Drivers must have the necessary qualifications and licenses for the type of vehicle they are operating. In South Africa, drivers of public transport vehicles must have a Professional Driving Permit (PDP).
- Be trained in safety protocols: Drivers should be trained to handle emergencies and be aware of the specific safety protocols when transporting TES workers. This includes knowing the routes, knowing traffic laws, and ensuring workers board the vehicle and are transported safely.
- Journey Planning and Route Selection
Transportation routes must be planned carefully. The SIZA guide advises that employers:
- Plan safe routes: Routes should be free from hazards that could cause accidents, such as poorly maintained roads or areas with a high crime risk. Where possible, routes should be well-lit and familiar to the driver.
- Avoid risky hours: It is also crucial to avoid transporting workers during late-night or early-morning hours when visibility is poor or when there may be higher risks on the road.
- Safety Protocols and Passenger Welfare
The safety of TES workers during the journey is just as important as the safety of the vehicle and driver. Employers should ensure that the following safety protocols are in place:
- Clear instructions: Workers should be informed about safety procedures before transportation begins. This includes how to board and alight from vehicles safely, the importance of wearing seat belts, and emergency procedures in case of an accident.
- Adequate supervision: Supervisors should be present, where possible, to ensure that workers follow safety procedures and assist in emergencies.
- Prepare for an Emergency: Vehicles should be equipped with emergency kits containing first aid supplies, and drivers should know how to respond in the event of an accident or medical emergency.
- Prevention of Exploitation and Abuse
Transportation should never expose workers to exploitation, discrimination, or harassment.
- Maintain dignity: Ensure workers are not subjected to degrading conditions or undue discomfort during transport. All TES workers must be treated respectfully, regardless of their status as temporary or seasonal employees.
- Combat human trafficking risks: Employers must be vigilant about the risk of human trafficking and take steps to ensure that their workers are not being transported under exploitative circumstances.
Safe transportation is not only a matter of compliance; it is also a demonstration of an employer’s commitment to the welfare of their workers, ensuring that they are treated with dignity and respect throughout their journey. By adhering to the guidelines provided in the SIZA Transport Guide, employers can create safer working conditions for workers, reduce the risks of accidents, and comply with legal and ethical standards.
Please get in touch with the SIZA office or refer to the SIZA Transport Guideline for more information.
