Update

GEORGE NEWS – The company operating the farm near Herold’s Bay where three men died during a chemical-related incident on 13 October has not yet complied with a prohibition notice issued by the Department of Employment and Labour (DEL).

The department confirmed that the notice remains in place and that the employer, Summer Sixteen (Pty) Ltd, must address identified workplace safety shortcomings before the prohibited activities can resume.

The deceased were farm manager Mario Lombard (41) and farmworkers Pule Johannes Moshane (36) and Tiisetso Victor Masela (33), who lost their lives while attempting to rescue a colleague from a fertiliser tank.

Prohibition notice explained

DEL spokesperson Teboho Thejane confirmed that the prohibition notice was issued in terms of Section 30(1)(a) and (b) of the Occupational Health and Safety Act.

He explained that the notice is a legally enforceable directive requiring an employer to immediately stop any operation, process, activity or use of equipment that poses a risk to employees or other people who may be affected.

Importantly, the notice is not necessarily limited to tank-cleaning operations.

“The scope of the notice is therefore determined by the identified hazardous activities and is not necessarily limited to tank-cleaning operations alone,” the department said.

The department has not specified exactly which activities or operations have been prohibited.

A prohibition notice does not automatically establish that an employer has contravened the law, nor does it necessarily require an entire workplace to close.

Employer has not yet complied

In response to further questions from George Herald on Wednesday 21 October, the department confirmed that Summer Sixteen had not yet complied with the notice.

Before the prohibited activities may resume, the employer must demonstrate compliance with the Occupational Health and Safety Act and applicable regulations.

These include the Hazardous Chemical Agents Regulations, General Safety Regulations, Physical Agents Regulations and Ergonomics Regulations.

According to the department, an inspector will assess the employer’s occupational health and safety management system and verify whether the relevant legal requirements have been met.

The employer must satisfactorily address the identified shortcomings, implement corrective measures and demonstrate sustained compliance before the inspector may consider lifting the prohibition notice.

Company explains events

In an earlier statement, Summer Sixteen described the tragic sequence of events that led to the deaths.

According to the company, employees were cleaning an empty fertiliser tank when one worker collapsed inside.

Moshane and Masela entered the tank and managed to rescue their colleague, but subsequently lost consciousness themselves.

Lombard then entered the tank in an attempt to save them, but also collapsed. All three men died at the scene.

The worker initially rescued was hospitalised and discharged the following morning.

The company expressed its condolences to the families and described the tragedy as devastating for its workforce and the broader agricultural community.

Investigation could take time

Thejane previously confirmed that a preliminary investigation was conducted on 13 October, followed by an investigation in terms of Section 31 of the Occupational Health and Safety Act.

The investigation will examine the circumstances surrounding the deaths, including the chemicals present in the tank and whether exposure could have caused oxygen deprivation or interfered with the body's ability to use oxygen.

Investigators will also consider workplace risk assessments, protective equipment, employee training, supervision and emergency rescue procedures.

However, the department has stressed that neither the tank nor its possible classification as a confined space can be singled out as the cause at this stage.

In its latest response, the department said it could not provide a timeframe for completing the Section 31 investigation.

The duration will depend on several factors, including the availability of evidence, the complexity of the incident and the ability of witnesses and affected persons to provide comprehensive accounts.

The department said it would consider appropriate ways of communicating the outcome once the investigation has been completed, in accordance with applicable legal and procedural requirements.

It has not yet confirmed whether the full findings will be made publicly available or provided directly to the families.

No findings of non-compliance relating to the cause of the incident have been announced. Should contraventions be established, further enforcement action or recommendations for prosecution could follow. Police have also opened an inquest docket.

The exact cause of the three deaths remains unknown, while both the workplace safety investigation and police investigation continue.

Mario Lombard in a shed on the farm last year. Photo: Alida de Beer

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