REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA 261. The Act provides that psychometric assessments must now be certified by the Health Professionals Council of SA or other body authorised by law to certify such assessments. Smaller businesses are now required to report annually in order for improved data capturing. The CEE is cognisant of the increased frequency of reporting adding to the regulatory burden, but has already provided for more simplified reporting and continuous monitoring on the impact on small businesses. 262. There is also an enabling provision empowering the Minister, after consultation with NEDLAC, to issue regulations in this regard as well as on the specification of circumstances under which an employer’s compliance may be assessed with respect to national and regional economically active population. The enforcement provisions of the EE Act are simplified to eliminate excessive mandatory enforcement steps as well as the mandatory criteria that must be taken into account in assessing compliance. This is intended to promote effective enforcement and will also prevent the delaying tactics of some employers that have abused the previous enforcement process. The new provisions should not prevent employers who are legitimately aggrieved by decisions from challenging these decisions at an appropriate juncture. 263. In terms of the Act, failure to consult, conduct an analysis, assign a senior manager, publish a report, keep records and comply with a DG request in 90 days can result in a voluntary undertaking or compliance order. On the other hand, failing to act on a compliance order may result in application to the Labour Court to impose a fine. Fines of between R1.5 and R2.7 million can be imposed. For more serious transgressions, such as failure to report, a complaint about an EE plan or a successive EE plan, or failure to comply with a DG recommendation within 180 days can be referred directly to Court by the DG. A fine of between 2% - 10% of turnover can be imposed. 264. In terms of the Act, failure to consult, conduct an analysis, assign a senior manager, publish a report, keep records and comply with a DG request in 90 days can result in a undertaking or compliance order, and failing compliance the matter can be referred to Court. Fines of between R1.5 and R2.7 million can be imposed. 265. For more serious transgressions, such as failure to report, a complaint about an EE plan or a successive EE plan, or failure to comply with a DG recommendation within 180 days can be referred directly to Court by the DG. A fine of between 2% - 10% of turnover can be imposed. The fines for breach of confidentiality, undue influence, obstruction and fraud in relation to the Act have been increased from R10 000 to R30 000 in order to reflect the seriousness with which these offences are regarded. Legislative and policy measures to improve conditions of work 266. With regards to conditions of work, in 2010, the ILO adopted recommendations concerning HIV and AIDS and the world of work to guide member States on key principles to be taken into consideration when developing and implementing legislation, policies and programmes. South Africa has reviewed its Code of Good Practice on Key Aspects of 77