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When workers are housed between farms and ownership is unclear or disputed?

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  • When workers are housed between farms and ownership is unclear or disputed?

The landscape in South Africa can sometimes be complex, especially when looking at worker accommodation on farms. Agriculture has played a vital role in the development of communities, employment of labour and the transformation of rural areas. This led to many businesses, such as farms, packhouses and alike, offering accommodation on farms or nearby areas. This allowed workers to receive accommodation, be closer to work and remove the need for lengthy transportation routes from towns to rural farming areas. With this, businesses have a legal obligation to ensure the accommodation meets the requirements set out by legislation, such as Sectoral Determination 13, Occupational Health and Safety Act, Extension of Tenure and Security Act, etc.

The accommodation facilities will be evaluated against these standards and codes during a SIZA Social audit. Over the last several years, it has been noted that some disputes exist during audits when businesses cannot confirm whether certain accommodation facilities fall under their management system/ownership and are referred to as the “neighbour’s” responsibility.

In such cases, the auditor must do the following:

  • The first and most important element will be for the auditor to obtain management confirmation/commitment on their ownership and responsibility. If the farm’s management disagrees with the auditor, disputes their legal obligation, or is unsure, the auditor should investigate further.
  • The auditor can require an aerial photo/evidence of the farm’s structures to determine ownership better.
  • Auditors can request proof of ownership/legal documentation in cases without adequate agreement.
  • Auditors can triangulate the evidence with employee interviews to determine whether occupants reside in facilities owned or managed by the particular business being audited, ensuring the scope of the audit is correct.

Why should auditors go into the houses during an audit?

  • To effectively evaluate safety elements such as:
    • Electricity distribution boards
    • Look at potential structural damage
    • Understand whether roofs are weatherproof
  • Understand the space allocation (number of occupants for the size of the facility)
  • Determine whether the facility is not used to store hazardous substances (i.e., chemical containers)

Auditors must adequately highlight the risks related to the business they are auditing and ensure management commitment to drive improvement, meet the Standard requirements and aim for best practice. It is valuable for the industry and the entire community to ensure continuous improvement. “Thy Neighbour” remains at the heart of the agricultural community, and we, therefore, need to work together and look out for one another to ensure South African agriculture remains the exceptionally brilliant industry it is.

 

Tags: SIZA Social Standard, Social (Ethical) Standard, Social Audit, Social Audits, Worker housing, Workers

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