The deaths of eight farmworkers who died of heatstroke while on duty have sparked fierce debate around the health and safety of farmworkers in South Africa where parts of the country have been gripped by heatwaves.
On Thursday, 19 January five farmworkers died at Kakamas Hospital in the Northern Cape after being exposed to extremely hot temperatures. Three more farmworkers have since died while working on at least three separate farms in the province.
While some argue for the farm owners to be held liable for negligence, others say farmers are not entirely liable for the death of a worker who has been exposed to scorching summer heat.
According to Katlego Ngwane, agricultural lawyer and owner of Katika Consulting, a Paarl-based legal consultancy firm, it is the farmer’s responsibility to protect the welfare of their employees. However, Ngwane says legally, farmers cannot really be held liable for the death of a worker if they have been exposed to too much heat.
“It’s [a matter of] common sense,” she says. “If it’s way too hot for you [as the farmer], then it is way too hot for someone else. We understand that harvesting cannot stop, but it shouldn’t happen to the detriment of other people.”
How farmers can better protect themselves
In South Africa, it is a law that in the event an employee is injured or killed during the course of their employment, they or their dependents may claim compensation within 12 months of the accident or date of death from the Workmen’s Compensation Commissioner.
According to HG.org, an online law information website, workman’s compensation governed by South Africa’s Compensation for Occupational Injuries and Diseases Act, prevents an employee, or their dependents from claiming compensation directly from an employer in the event the employee is injured or killed at work.
“The employee must claim the compensation from the compensation commissioner. An employee may, however, claim increased compensation if the injury is a result of the employer’s negligence,” HG.org states.
Registration with Compensation Fund is crucial
Occupational specialist Stephen Pieterse tells Food For Mzansi that it is important that agricultural companies register with the department of labour‘s Compensation Fund to cover their workers against accidents.
Pieterse explains that in the event of a work accident, the farmer is obligated to report the incident to the Compensation Fund as soon as possible. Once all the information has been gathered and the evidence points to a workplace accident, the fund compensates for all the liabilities.
However, Pieterse remarks, “It is not only the agricultural sector that gets work accidents. It’s also the food sector and that is why it is important that employers make use of the right legislature to help cover themselves and their workers.”
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Precautions to keep farmworkers safe
Jason Baartman, a Western Cape farmworker, says farmworkers are often pressured to perform at a higher level of productivity, despite extreme weather.
“Sometimes managers put a lot of pressure on us as workers. In the heat, we can’t be as productive as any other day,” he says.
During lunch breaks, Baartman makes use of the available cold water to stay hydrated as he believes that hydration helps with productivity.
”If we get water in our bodies then we are ready to go on with work. But I think the department of agriculture must implement something to protect us and not lose any money for the day,” Baartman says.
Farmers must take necessary precautions
Meanwhile, AJ Mthembu, president of the African Farmers Association of South Africa (Afasa) has urged farmers to take the necessary precautions to keep farmworkers safe during the heatwave.
“We urge all our farmers to take extra caution in ensuring that farmworkers are not subject to these extreme weather conditions,” Mthembu says.
He has asked farmers to come up with innovative ways of protecting their workers and making sure that they drink enough water and change shifts.
Meanwhile, Ngwane advises, “Given the fact that it is now harvest time and we have a heatwave, one of the ways I would suggest is that farmers change their business model and harvest at night, instead [of during] the day. I think that farmers need to become creative and innovative about how they deal with nature.”
Water and protective gear
Furthermore, farmers should have easy access to drinking water on their farms, and provide workers with protective gear, she adds.
“Farmers and workers need to be educated about how much water they need to consume, what the symptoms of a heatstroke are, so that they can know how to react. The farmer needs to put measures in place that works against heatwaves,” Ngwane states.
Pieterse urges farmers to be more aware of the health conditions of their employees and detect possible underlying conditions. “Farmers can make use of nurses that assist the workers through consultations about any kind of health issue.”
He advises farmers to put up visible signs to remind workers to stay hydrated and wear their protective gear.
ALSO READ: ICYMI: ‘Let’s prioritise the health of farmworkers’
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