Emails to and from Department of Labour

 

RE: Safety guidelines for children’s playground equipment‏

BECKLEY

 

Family motto: Invicbus maneo

Translation: I remain unconquered.

 

HOPES OF A BETTER LIFE

In about 1855 Joseph Beckley left England. As Joseph was a farm labourer, he left in the hope of a better life for him and his family. At that time he had a son, Joseph James, and a daughter, Enief. Once in South Africa, they had another six children: William, Thomas, Elizabeth, Julie Rose, Rachel and Jane Agnes.

 

HOPES ONCE MORE

In the early 1870s they left South Africa for Argentina after sending William, who was only about 14, to look around and make the decision for about 36 families.

The Beckley’s in the Argentina

 

Document for land in the Argentina ( note Joseph becomes Jose’)

 

Joseph James married Mary Ann Wasp and had 12 children namely Enief Harriet, Joseph James II, William Henry, Mary Ann, Thomas George, Matilda Ann, Elizabeth Daisy, Robert Sidney, Ebenezer Edgar, Ethel Frances, Albert Howard Morton and GraceLilian

Joseph James and Mary Ann (Wasp)

 

BACK TO SOUTH AFRICA

Due to the death of Joseph James’s brother-in-law and other hardships he and the Wasp family return to South Africa, the rest of the Beckley’s stayed in the Argentina.

 They bought a farm called Draayfontein( now Draaifontein ) in 1895, which originally belonged to Captain Francis Evatt. The farm is still in the family, in the hands.

Deed of sale to Captain Francis Evatt

 

THE CHURCH

St. Alban’s Church was built on the farm and consecrated in 1904 but since then a new church has been built.

 

 When traces of gold were found in the area Joseph James donated land for a church and a new school, as an outbuilding was used as a school. The school was never built. Three shafts were sunk on the farm but no gold was found.

The old school in the background

 

FAMILY STORIES

• When my father was a child, he or should I say the family had a pet leopard. It grew up with the cats and dogs. It would be let in the house and would sleep on the beds. At night my grandfather would put it out along with the other pets. It eventually got so too big for them to keep and was donated to the Pretoria zoo.
• My father was the fastest in the 100 yards in the Egyptian Games during the Second World War. He ran the fastest in his heat in the first round but couldn’t continue because he hadn’t been in the country a year, prerequisite. His time turned out to be the fastest in the games.

 

·        . The poem below was writing in about 1900

 

 

 

The SABS has adopted the European playground standards ( The British version, I guess because it is in English.) namely BS EN 1176-1:2008, BS EN 1176-2:2008, BS EN 1176-3:2008, BS EN 1176-4:2008, BS EN 1176-5:2008, BS EN 1176-6:2008, BS EN 1176-7:2008, BS EN 1176-10:2008, BS EN 1176-11:2008. The bad news is that a set of these Standards costs about R16000 and I don’t have a copy.

I have also had more contact with the Department of Labour via email, and it looks good for legislation. Below are our last two emails:

 

FW: Safety guidelines for children’s playground equipment‏ SABS standards

From: Eben Beckley [mailto:eab@live.co.za]
Sent: Thursday, June 04, 2009 2:46 PM
To: Thobile Lamati (HQ)
Subject: RE: Safety guidelines for children’s playground equipment‏ SABS standards

 Dear Mr. Thobile Lamati

The question now is, is the Advisory Council for Occupational Health & Safety going to adopt the new SABS standards (BS EN) or will the Labour Department write its own guidelines based on the SABS standards? The New Zealand Department also adopted the British Standards but made there own guidelines for owners and operators of playgrounds. The name of the handbook is “Supervised Early Childhood Facilities – Playground Equipment and Surfacing Handbook (SNZ HB 5828.2:2006)”. It is on the web and it is for free.

 The next question, how will the Labour Department implement the standard and will there be a phased in implementation period like was done in California USA?

 Thanks

E A Beckley

‏

From:	Tibor Szana (HQ) (Tibor.Szana@labour.gov.za)
Sent:	10 June 2009 10:47:54 AM
To:	eab@live.co.za
Cc:	Thobile Lamati (HQ) (Thobile.Lamati@labour.gov.za); Lekelwa Ntenteni (HQ) (Lekelwa.Ntenteni@labour.gov.za); Rhoda Mbeki (HQ) (Rhoda.Mbeki@labour.gov.za)

Dear Mr Beckley,

 

The issue will be put before the Advisory Council first as the Department is required to present all legislation before the Council before it is sent to the Minister as a proposal.  If accepted that it should go ahead it will take the form of a Regulation possibly within the General Safety Regulations.    This regulation would then refer to the specific standard that is to be adopted.  The Department would look at adopting the EN Standards only if it is agreed to (if not it would need to then begin a process of developing South African standards on the matter) and would also look at possibly drafting its own guidelines on the matter. 

 

In any matter of this magnitude the Department would look at a phased in approach considering the scope of the matter. 

 

Lastly, as with all legislation, the current inspectors would be required to enforce the matter in line with all its other functions that it currently performs i.e. there would be awareness raising on the issue; presentations to concerned and interested parties and inspections in line with its inspection program.

 

I hope that this will assist you in understanding the approach to be followed by the Department on this matter.

 

Regards

 

Tibor Szana

The vast majority of playgrounds in South Africa have “old fashioned” playgrounds with metal joywheels and Jungle Jims, asphalt or concrete surfaces and preschoolers and pre-teen children share play areas. This is not unique to South Africa as many other countries have had to face the same challenges, this can help us as we can borrow from their experiences. Many features of the older type equipment are accidents waiting to happen because of the shortcomings in the manufacturing safety specifications of playground equipment. The main areas of concern in the manufacturing safety specifications of play equipment are: Head entrapment, Non-entanglement/protrusion zones, Hand grip diameter and Hand/guard/guide rails. But the biggest problem is the surfacing under and around the play equipment. In report after report from around the world show that the vast majority of playground injuries are caused by falls from equipment.

The question is often posed is, it was good enough in the past what is different today? A lot has changed but mainly it is that society has change, along with technology as well as the law. This law in South Africa comes mainly in the form of the OSH Act and the Constitution. The effect of the law has makes manufacturers, owner, etc. more responsible for there actions. Although playgrounds and playground equipment is covered by the OSH Act under section 9, playgrounds are unique as they cater for small children, which differs vastly from the normal workplace. Other unique areas of operation in the work place have there own set of guidelines attached to the OSH Act, like for pressure vessels, ladders, etc., even more so playgrounds should have there own guidelines.

 

The general public will need to be educated in playground safety because at present their knowledge of playground safety is very low. The proof of this is the fact that unsafe playgrounds are so well used.  

 

Since 2005 I have been trying to change playground safety. In 2008 I started lobbing Parliament (140 emails to MP’s) and in August 2008 a question about playground safety was asked. The matter was sent the Advisory Council for Occupational Health and Safety for consideration. I have contacted Sulette Cronje, Private Secretary to Minister MMS Mdladlana the minister of labour with regarding playground equipment and the OSH act. I was referred to the Acting Chief Inspector in the Department of Labour, Mr Tibor Szana. I spoke to Mr Tibor Szana and he conceded that there were no guidelines for playgrounds at present but that the matter would be looked at. I have also given him information on the matter and how I feel it should be dealt with and he comes across as positive on the matter.

 

But the public need to be informed and mobilized to force owners of playgrounds, like municipalities and schools to make safe playgrounds for the children. It would be good if the Education Department could be involved in playground safety training at primary schools.  On the internet there is an almost endless amount of information on playgrounds, playground injuries, etc. but very little good South African information or statistics.

 

NATIONAL ASSEMBLY

QUESTIONS FOR WRITTEN REPLY

FRIDAY, 29 AUGUST 2008

 

 

1496.   Mr L B Labuschagne (DA ) to ask the Minister of Labour:

Whether he has taken any steps in terms of the Occupational Health and Safety Act, Act 85 of 1993, to provide safety guidelines for children’s playground equipment; if not, why not; if so, what steps?                                                                                                                         NW2240E

 

 Minister of Labour replied:

At this stage, there are no safety guidelines for children’s playground equipment.  The matter will however be placed before the Advisory Council for Occupational Health and Safety at its next sitting for consideration.

 

END

 

 

OSH act extracts

 

“                          ACT

To provide for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery; the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work; to establish an advisory council for occupational health and safety; and to provide for matters connected therewith.”

 

“9. General duties of employers and self-employed persons to persons other than their employees. (1) Every employer shall conduct his undertaking in such a manner as to ensure, as far as is reasonably practicable, that persons other than those in his employment who may be directly affected by his activities are not thereby exposed to hazards to their health or safety.”

 

“10. General duties of manufacturers and others regarding articles and substances for use at work.(1) Any person who designs, manufactures, imports, sells or supplies any article for use at work shall ensure, as far as is reasonably practicable, that the article is safe and without risks to health when properly used and that it complies with all prescribed requirements.

(2) Any person who erects or installs any article for use at work on or in any premises shall ensure, as far as is reasonably practicable, that nothing about the manner in which it is erected or installed makes it unsafe or creates a risk to health when properly used.

(4) Where a person designs, manufactures, imports, sells or supplies an article or substance for or to another person and that other person undertakes in writing to take specified steps sufficient to ensure, as far as is reasonably practicable, that the article or substance will comply with all prescribed requirements and will be safe and without risks to health when properly used, the undertaking shall have the effect of relieving the first mentioned person from the duty imposed upon him by this section to such an extent as may be reasonable having regard to the terms of the undertaking.”

 

 More on guidelines my opinion

OBJECTIVES

 

The aim is to improve safety in playgrounds by the setting of guidelines which will support the law of the OSH Act. At present there is a lot of ignorance in the industry, by both the manufactures and playground owners and is only exasperated by the lack of guidelines. This guideline must address this problem in the industry. The general public will also have to be educated in playground safety because at present their knowledge of playground safety is very low. The proof of this is the fact that unsafe playgrounds are so well used.

 

 

PLAYGROUND SAFETY GUIDELINES

 

Because South Africa does not have any guidelines and the fact that we have been slow to see the need for a guideline, is an advantage as all the hard work has been done already and there is no problematic laws to rectify. The U.S. Consumer Product Safety Commission along with DIN (German National Standard) lead the way in the 1970’s and still have a big influence on the industry today. For a guideline to be effective it must be attached to the OSH Act, to put the force of law behind it, the content must sound, self explanatory, practical, educational and written in a manner that the layman can understand. The best way would be to adapt an existing credible guideline. A good example of this would be the Handbook for Public Playground Safety put out by U.S. Consumer Product Safety Commission, Washington, DC 20207, Pub No.325. This handbook is a good starting platform for any guideline, it’s biggest drawback is that it is not metric. The list of publications on the subject is almost endless with others like NZS 5828.2:2006, the New Zealand Standard for Playground Equipment and Surfacing or the CSA-Z614, Children’s Playspaces and Equipment, the Canadian standard. For the guidelines to be truly credible to the industry there must be extensive consultation though out the industry.

 

 IMPLEMENTATION

 

Communication and training will be the key to the best implementation. After the setting of a guideline there will have to be some sort of exception period for playground owners with equipment that does not comply with the guideline, as the amount of money invested in equipment is enormous. All new equipment must comply with the guidelines.

 This exception period would have to be governed by strict rules and conditions like:

1 Playground owners would be required to sign on and submit a compliance proposal.

2 Must be a maximum period timeframe to replace unsafe equipment (worst first).    

3 A short period to replace hard surfaces under equipment to suitable soft surfacing (max 2 years).

4 Number all existing play equipment and keep a register of this equipment as well as a record of monthly inspections.

5 Train playground inspectors and in 3 years the playground inspectors must certified.

6 This unsafe equipment may only be used as scrap when removed.

 

MAIN OBLIGATIONS

 

There are three main parties with obligations, namely the owners, the manufactures and the Department of labour. It would be good if the Education Department could be involved in playground safety training at primary schools.  

The main obligations of the owners:

Train Playground inspectors

Keep register of all playground equipment

Do monthly inspections

Keep repair and maintenance records

Comply with the guideline

The main obligations of the manufactures:

Comply with the manufacturing specifications of the guideline

Have the manufactures name, a serial number and year of manufacture stamped on all equipment

Erection details and repair manual must be supplied with equipment

  The main obligations of the Department of labour:

Compile playground guidelines

Facilitate training courses for playground inspectors (They do exist in other parts of the world, like the RoSPA course. Such course could be adapted to suite our requirement)

Enforcement of the guideline

 

CONCLUTION

 

It is essential that the guidelines are put in place as soon as possible as South Africa has been very slow to react to the needs of the children.

Are our children worth less than children in the rest of the world!