• + 27 11 450 1804
  • Second Floor, Helvetia House 80 Greenvale Rd, Wilbart Germiston, 1401
  • Email Us
  • Mon - Thur: 8:00 am - 16:00 pm - Fri: 8:00 am - 14:00 pm

MEMBER GRIEVANCE RESOLUTION POLICY

GENERAL

In providing a mechanism for resolving grievances, the IWH aims to ensure that;

  1. Members maintain the standards of behaviour and service as set out in the IWH Code of Conduct (Addendum A) or Compliance standards (Addendums B – H);
  2. Members have access to a fair, equitable and inexpensive process for dealing with grievances;
  3. There is an avenue for appeals following a decision on a grievance;
  4. Every effort is made by IWH to resolve grievances and appeals in a timely and effective manner;
  5. All parties are given the opportunity to present their case, be fully informed about allegations and decisions made and have the right to representation.
  • IWH Members may approach IWH CEO/Secretariat for resolution of grievances against other IWH Members where they have not been able to resolve the matter directly with the other IWH Member.
  • All IWH Members must comply with the relevant compliance standards as per the relevant industry standards for their specific chamber/sector and are bound by the IWH Code of Conduct, which is in keeping with current regulations and contains rules and best practices.

  • The IWH Rules and Regulations Committee are tasked with dealing with all grievances received, and has designated the IWH CEO/Secretariat as the contact person(s) and facilitator(s) for all grievances.

  • IWH will maintain records of all grievances and disciplinary processes for 3 years.

  • The complainant has the right to withdraw a grievance at any time prior to appointment of the independent adjudicator.

  • The timelines indicated in the Grievances and Disciplinary Procedure are indicative only and do not constitute a service level commitment.

  • If there is evidence that a grievance or dispute has been lodged, or action has been instituted, with any other regulatory body or a Court, and where the subject matter of that grievance, dispute or action is substantially the same as the subject matter of the grievance lodged with the IWH, then the IWH Rules and Regulations Committee may dismiss the grievance.

  • Where a grievance cannot be resolved by IWH Rules and Regulations Committee, the complainant may pursue other avenues for resolution of his grievance (including but not limited to approaching SAQA (if related), other regulatory/professional bodies, the courts, the police, Dept of Labour, etc).

  • All the Rules and Regulation Committee Members, as well as the Subject Matter expert and other parties involved in the resolution process shall sign a conflict of interest declaration (IWH-F072).

  • The IWH reserves the right to investigate any transgression of or non-compliance with the Code of Conduct by a Member, and to lodge a grievance against that Member using the process outlined below.

MEMBER GRIEVANCES RESOLUTION PROCEDURE

The complainant must submit a grievance to the IWH CEO/Secretariat by writing an official letter or completing the formal IWH grievance report (IWH-F025).

The grievance must contain the following;

  • The name of the IWH Member against whom the grievance is being made;

  • The name and contact details of the complainant;

  • An indication of the sections of the IWH Code of Conduct or Compliance Standard which have allegedly been breached;

  • A detailed description of the actions/inactions which resulted in the alleged breach;

  • A summary of evidence (e.g. emails, reports of phone conversations) in support of the grievance;

  • Confirmation that the complainant has exhausted every available option to resolve the dispute directly with the IWH Member;

  • An undertaking that the grievance is made in good faith; 

  • Where appropriate, the complainant may suggest a satisfactory resolution process.

If the grievance lacks sufficient information, the complainant will be given an opportunity to provide the required information. A grievance will not be considered if it is deemed to be incomplete.

An acknowledgement of receipt will be sent to the complainant within 3 working days for grievances validly received. If this is not sent, it is suggested that the complainant query whether the grievance has been received by emailing manager@profbody.co.za  or calling 011 450 1804.

The IWH CEO/Secretariat will assess the grievance, and will seek advice from the IWH Rules and Regulations Committee if appropriate.

The IWH CEO/Secretariat will first follow an informal resolution process, which entails the following:

  • The IWH CEO/Secretariat will forward the grievance to the relevant IWH member, and request the Member to respond within 5 working days. The IWH CEO/Secretariat can arrange an informal meeting at the premises of the IWH with the complainant and the alleged defendant Member as well as a subject matter expert. On request and at IWH’s CEO/Secretariat’s discretion, an additional 5 working days may be allowed.

  • After the informal meeting, or the reply of the alleged defendant, the IWH will forward the outcome to the complainant and alleged defendant, and request that the complainant advise if the grievance has been dealt with satisfactorily. At this time an informal site inspection can be arranged.If all the relevant parties are satisfied with the informal resolution, the grievance will be considered to be resolved.

If no satisfactory resolution is found following the informal resolution process, or the Member fails to respond within the allocated timelines, then the grievance will be escalated to the formal resolution process as detailed hereunder.

  • In terms of the formal resolution process, the grievance (and responses) will be forwarded for resolution to the IWH Rules and Regulations Committee.

  • The IWH CEO/Secretariat will act as liaison between the IWH Rules and Regulations Committee and the complainant/IWH Member.

The IWH Rules and Regulations Committee must consider the merits of the grievance, taking into account:

  1. The grievance and all supporting evidence;

  2. The IWH Member’s response to the grievance;

  3. The Code of Conduct;

  4. The associated practical recommendations;

  5. Any previous grievances made by the complainant;

  6. Any previous grievances made against the IWH Member.

The Rules and Regulations Committee may request additional information relevant to the grievances from the complainant/IWH Member, and will specify a time frame for the provision of this information. If the required information is not provided within the specified time frame, the Rules and Regulations Committee must proceed to evaluate the grievance without the additional information.

In evaluating the grievance, the Rules and Regulations Committee must take the following into account:

  1. Precedent

  2. Prior record of the IWH Member

  3. Damages caused as a consequence of the breach of the Code of Conduct; and

  4. Any other mitigating or aggravating factors which an adjudicator deems relevant.

After evaluating the matter, the Rules and Regulations Committee can make one or more of the following resolutions:

  1. The grievance is not valid

  2. The grievance is referred back to the IWH Member with a further opportunity for remedial action within a specified time frame

  3. The IWH Member must undertake appropriate remedial action (including the provision of a refund), as specified

  4. The IWH Member is issued with a formal reprimand or warning

  5. The IWH Member is fined

  6. The IWH Member must take-down content (when the grievance stems from a valid take-down notification)

  7. The IWH Member is to be suspended from IWH subject to conditions determined by the Rules and Regulations Committee

  8. The IWH Member’s membership of IWH is to be revoked

  9. IWH should publish a report containing the identity of the IWH Member, the details of the breach of the Code of Conduct, and any action taken regarding the breach; and/or

  10. IWH is to report unlawful conduct or content to the relevant law enforcement authority.

The Rules and Regulations Committee shall deliver its resolutions together with reasons therefor in a written report, which the IWH CEO/Secretariat will forward to the complainant, the IWH Member concerned, the IWH NEC and the IWH regulatory advisors/Constitutional Committee.

GRIEVANCES AGAINST NON-MEMBERS

The IWH can only act if the company in question is an IWH Member.  As non-members are not bound by the IWH Code of Conduct, the IWH cannot process grievances against such company except to offer to act as intermediary, which will be decided on a case-by-case basis.

GRIEVANCES RECEIVED FROM NON-MEMBERS ABOUT IWH MEMBERS

The IWH has the responsibility to act upon the grievance and to follow the grievance resolution process with the IWH Member, however we don’t have to revert back to the complainant.

FUNDING

The IWH will fund the investigation from its legal fund / war chest with no initial cost to either the complainant or the defendant. Based on the outcome of the process, costs will be recovered from either the complainant (in the event that the defendant successfully defends themselves) or from the defendant (in the event that the defendant is found to be at fault).

MEMBER APPEALS PROCEDURE

  1. The complainant or the IWH Member may lodge an appeal together with full reasons therefore with the IWH NEC within 10 working days of the distribution of the Rules and Regulations Committee resolution to the parties. A grievance can only be appealed once to the NEC. If no appeal is lodged within ten working days, then the matter will be considered closed.
  2. If an appeal is lodged, then the IWH NEC can either reject the appeal or refer the matter for independent adjudication by the Constitutional Committee. A copy of the IWH Rules and Regulations Committee’s decision and the reason for the decision will be sent to both the appellant and the respondent.
  3. IWH Constitutional Committee can appoint a panel to hear the appeal, which will consist of 2 or more independent adjudicators.
  4. The appeal will follow the formal resolution process set out above, but with the appeals panel fulfilling the role of the independent adjudicator.
  5. IWH NEC is entitled to require a deposit from the appellant. The appeals panel may indicate that the respondent should bear the cost for the appeal process in their resolution.

ADDENDUM A

INSTITUTE FOR WORK AT HEIGHT CODE OF ETHICAL PRACTICE

A quality work at height service is entirely dependent upon the professional integrity of member companies, their directors and staff.

In the spirit of “EXCELLENCE”, the Institute for Work at Height subscribes to, and adopts the following Code of Ethical Practice and mandates total compliance thereto by all members as a condition of membership.

  • All members will use proper care and exercise professional judgement regarding the appropriateness of their actions, and discharging their duties and responsibilities in accordance with the statutes of the Republic of South Africa.
  • All members shall comply with all relevant industry statutes, the Institute’s constitution, rules and decisions of the Institute as may be determined from time to time, and be open to audit in order to ensure compliance.
  • All members will maintain the highest standards of honesty and integrity towards their clients, employees, fellow members, and avoid any action contrary to the public interest that would bring the Institute into disrepute.
  • All members are expected to provide “fit for the purpose” services to meet client needs.
  • All members shall employ competent staff and make them effective through training and the provision of suitable equipment and materials.

ADDENDUM B

MEWP CHAMBER STANDARDS COMPLIANCE

  1. Occupational Health and Safety Act (Act 85 of 1993) and all of its regulations and in particular:
    1. Construction Regulations 2014
    2. General Safety Regulations of 30 May 1986 as amended
    3. Driven Machinery Regulations of 26 February 1988 as amended
  2. SANS 16368
  3. SANS 18893
  4. SANS 18878
  5. SANS 16653 (only applicable in cases of live work)

ADDENDUM C

SUSPENDED ACCESS EQUIPMENT CHAMBER STANDARDS COMPLIANCE

 

Occupational Health and Safety Act (Act 85 of 1993) and all of its regulations in particular:

Construction Regulations 2014

General Safety Regulations of 30 May 1986 as amended

Driven Machinery Regulations 24 June 2015

SANS 51808

SANS 1903

SANS 10295 parts I and II

ADDENDUM D

ACCESS TOWERS AND LADDERS CHAMBER STANDARDS COMPLIANCE

Occupational Health & Safety Act (Act 85 of 1993) and all of its regulations, in particular;

General Safety Regulations 6,

General Safety Regulations 13A

Employ professionals;

scaffold tower erector unit standard 243275

scaffold tower erector unit standard 243274

Manufacturers Standard;

Towers – SANS 51004 Mobile access and working towers made of prefabricated elements – Materials, dimensions, design loads, safety and performance requirements.

Ladders – SANS 1304 Light ladders

ADDENDUM E

FALL PROTECTION CHAMBER STANDARDS COMPLIANCE

Occupational Health and Safety Act (Act 85 of 1993) and all of its regulations and in particular:

Construction Regulations 2014 – in general.

Construction Regulations 2014: 9 – Risk assessment for construction work.

Construction Regulations 2014:10 – Fall Protection – in its entirety and special attention given to the following points as far as fall prevention and fall arrest equipment are concerned:

Construction Regulations 2014:10.2 (d) – equipment management.

Construction Regulations 2014:10.4 (c) and (d) – use of fall prevention and fall arrest equipment.

Rescue procedures.

Work at Height Guidelines

ADDENDUM F

ROPE ACCESS CHAMBER STANDARDS COMPLIANCE

Occupational Health and Safety Act (Act 85 of 1993) and all of its regulations in particular:

Construction Regulations 2014.

General Safety Regulations of 30 May 1986 as amended.

ISO 22846-1.

ISO 22846-2.

ADDENDUM G

SCAFFOLDING CHAMBER STANDARDS COMPLIANCE

Occupational Health and Safety Act (Act 85 of 1993) and all of its regulations in particular:

Construction Regulations 2014

General Safety Regulations of 30 May 1986 as amended

SANS 10085-1:2004 The design, erection, use and inspection of access scaffolding

SANS 1169:2008 Temporary stands

SANS 657-1 Steel tubes for non-pressure purposes – Part 1: Sections for scaffolding

SANS 50361:2003 Personal protective equipment against falls from a height – Full body harnesses

SANS 10366:2012 Health and Safety at live events

SANS 398-3 Specification for pre-fabricated mobile access and work towers

ADDENDUM H

FALSEWORK CHAMBER STANDARDS COMPLIANCE

Occupational Health and Safety Act (Act 85 of 1993) and all of its regulations in particular:

Construction Regulations, 2014.

General Safety Regulations of 30 May 1986 as amended.

Driven Machinery Regulations of 24 June 2015 as amended.

In the absence of a South African Falsework Standard, the recommended falsework standard should be:

BS 5975:2008 Code of practice for temporary works procedures and the permissible stress design of falsework or,

EN 12812:2008 Falsework – Performance requirements and general design.

SANS 10085-1:2004 the design, erection, use and inspection of access scaffolding.

SANS 10160-1:2011 Basis of structural design.

SANS 10162-1:2011 Limit-state design of hot rolled steelwork.

Use of structural timber in falsework :

SANS 10163-1 The structural use of timber – Limit-state design or,

SANS 10163-2 the structural use of timber – Allowable stress design.

SANS 1200 Standard specification for civil engineering construction.

SANS 2001 – CC1 Construction works (structural).

SANS 2001 – CC2 Construction works (minor works).

SANS 10400 the application of the National Building Regulations.

In the absence of a South African Falsework Manufacturing Standard, the recommended standards should be:

SANS 657-1:2011 Steel tubes for non-pressure purposes – Part 1: Sections for scaffolding.

SANS 2001-CS1:2005 Construction works – Part C

DOWNLOAD