Labour Department probes fatal HOMii lift incident in Durban
The KwaZulu - Natal Department of Employment and Labour's inspection of the HOMii Lifestyle apartment building where two children fell into a lift shaft, found that there were no warning signs posted to stop people from entering the non functional lift.
Image: Leon Lestrade / Independent Newspapers
A PRELIMINARY report by the KwaZulu-Natal Department of Employment and Labour has found that the lift in the Durban apartment building in which a child died and his was sibling injured, did not comply with safety regulations.
The department’s Inspection and Enforcement Services (IES) has launched an investigation under the Occupational Health and Safety (OHS) Act to uncover the circumstances surrounding the fatal lift incident at HOMii.
The incident occurred on October 18 at around 8:30 p.m. when eight-year-old twins Aphelele and Aphile Dlamini were playing on the fourth floor and fell into an unsecured lift shaft of a non-functional lift. Aphelele was fatally injured, while Aphile sustained injuries.
During a briefing in Durban on Wednesday, KwaZulu-Natal Occupational Health and Safety Specialist Inspector Sandile Kubheka informed Employment and Labour Deputy Minister Jomo Sibiya that inspectors had been deployed to the scene.
A preliminary report found that the lift was non-operational and that access to the lift shaft had been insufficiently secured. Kubheka said:
“There was a lack of proper isolation and barricading at the lift entrance, as well as a failure to post warning signs to deter entry. The unsecured doors of the lift posed a significant risk, particularly to residents, including children.”
He added that building maintenance and safety management systems did not comply with safety regulations under the OHS Act.
“Additionally, the management systems for building maintenance and safety do not comply with safety regulations as stipulated by the Occupational Health and Safety (OHS),” he said.
Kubheka confirmed that documents are being reviewed to assess the conduct of the building’s owner and user, in relation to the Lift, Escalator, and Passenger Conveyor Regulations and relevant health and safety standards.
“The incidence indicates potential negligence in maintenance and safety management by the building owner,” he said.
He explained that the report points to possible contraventions of Section 9(1) of the OHS Act, which requires employers or users to ensure that people who may be affected by their activities are not exposed to hazards to their health and safety.
A prohibition notice has been issued to the user, prohibiting the use of lift DE978 in its current unsafe condition. “The lift should have been maintained,” Kubheka said.