Grain Guide 2018

6 Transporting farmworkers: A complex system of rules The transporting of farmworkers comes under the spotlight regularly as an area of con­ cern for producers and their workers. Something like this that sometimes appears to be quite innocent, can be an area of enormous risk if it is not approached and managed within the framework of the law. Given this complex legal situation, employ- ers are advised to ensure that legal require- ments are complied with. It is also important to remember that the legal requirements are designed to limit risk and promote safety and that is why it is essential to comply with them.  The business rationale that underlies the decision to transport workers must always take the human dignity and personal safety of the workers being transported into account too. In terms of the Occupational Health and Safety Act an employer is obliged to take reasonable care that the workplace is healthy and safe.  It is vital for employers to be aware of the fact that, since May 2017, no children may be transported for a fee on a bakkie or a truck.  Where workers are transported for a fee, a relatively greater responsibility rests on the driver of the vehicle himself. Where employers provide such a service, it is extremely important for the correct type of insurance product to be used – not just personal insurance – to ensure sufficient protection in the event of an accident.  In terms of the National Land Transport Act an additional permit is required if people are transported for a fee. A producer trans­ porting his workers in his own vehicle or who outsources the service is exempted from this provision. This arrangement can be changed at any stage. Employers are advised to obtain permits. Non-compliance can have conse­ quences like the vehicle being impounded and possible criminal prosecution.  In the event of an accident while the workers (including seasonal workers) are on duty, or were being transported to or from their place of work without payment, a claim may be submitted to the Compen­ sation Commissioner in terms of the Com­ pensation for Occupational Injuries and Diseases Act (COIDA). The employer is therefore not held civilly liable for injuries, but this does not exclude the possibility of criminal prosecution where the employer does not comply with legal requirements (roadworthiness and transport permits), or where the driver was negligent or was driving under the influence of alcohol.   According to the Road Traffic Act of 1996 the vehicle (including trucks) must be roadworthy. The requirement is that the truck must be covered up to 350 mm above the seating level of the vehicle – or a minimum of 900 mm if people are standing upright while being transported. People and goods or tools may not be transported without railings and no per­ son may be transported in a crate.  The driver of the vehicle must have a valid driver’s licence. If the vehicle is a bus (32 or more persons) or a vehicle fitted out for twelve people (driver included), or if the vehicle weighs more than 3 500 kg, or people are transported for a fee, the driver must also have a professional driving permit (PDP). Jahni de Villiers, head: Labour and Development, Agri SA 3 1 7 5 4 2 14 GRAIN GUIDE 2018 Relevant