These regulations are applicable to all persons involved in construction work.

Compliance Obligations?

It is important to note that Regulation 3 and 5 are not applicable to a single storey dwelling for a client who intends on residing in such dwelling once it has been completed.

This regulation details when and how one may apply for a construction work permit.

Compliance Obligations?

If you intend to commence with construction work from 07 August 2018, then it is necessary to determine the following in accordance with GN 850 promulgated in GG 41839 on 17 August 2018 :
• Will the construction work exceed 365 days and involve more than 3600 person days of construction? Or;
• Is the tender value limit grade 7,8 or 9 of the CIBD grading?

If the abovementioned requirements are triggered you must apply for a construction work permit. The application must be in a form similar to Annexure 1 of the regulations.

The permit will only be granted if the requirements listed in regulation 3(5)(a)-(b) have been met.

You must apply to the provincial director who will issue a construction work permit in writing to perform construction work within 30 days of receiving the construction work permit application. The provincial director must assign a site specific number for each construction site. You must display the site specific number conspicuously at the main entrance to the site. You must ensure that the principal contractor keeps a copy of the construction work permit in the health and safety file for inspection by an inspector.

PLEASE NOTE
The Construction Regulations as promulgated in GNR 84 of 07 February 2014 provides as follows regarding a construction work permit:

Application for construction work permit.-(1) A client who intends to have construction work carried out, must at least 30 days before that work is to be carried out apply to the provincial director in writing for a construction work permit to perform construction work if the intended construction work will-
(a) exceed 180 days?
(b) will involve more than 1 800 person days of construction work? or
(c) the works contract is of a value equal to or exceeding thirteen million rand or Construction Industry Development Board (CIDB) grading level 6.

However, the Department of Employment and Labour promulgated a temporary exemption to the above Regulation in GN 850 in GG 41839 of 17 August 2018 which provides as follows:

A client who intends to have construction work carried out, must at least 30 days before that work is to be carried out apply to the provincial director in writing for a construction work permit to perform construction work if the intended construction work starts from the 7th August 2018 and will –
1. exceed 365 days and will involve more than 3600 person days of construction work; or
2. the tender value limit is grade 7, 8 or 9 of the Construction Industry Development Board (CIDB)

The temporary exemption is still in effect as of 26 July 2018.

Before you may commence with construction work there are certain notification requirements that must be met as listed in this regulation.

Compliance Obligations?

A contractor who intends to carry out any construction work other than the work that was mentioned in regulation 3 above, must at least seven days before that work is to be carried out notify the provincial director in writing if the intended construction work will include:
• excavation work;
• working at a height where there is a risk of falling;
• include the demolition of a structure;
• or include the use of explosives to perform construction work.

If a contractor wants to commence construction of a single storey building, he will need to notify the provincial director in writing seven days before that work is to be carried out.

This regulation places important duties on the client in respect of construction work.

Compliance Obligations?

If you are the client, you must comply with the requirements set out in regulation 5(1)(a)-(s).
Importantly you must prepare a baseline risk assessment for the construction work project and a site specific health and safety specification based on the risk assessment.

You must provide the designer with the health and safety specification to ensure that the designer takes it into consideration during the design stage.
In a situation where you require additional work to be performed if there has been a design change, then you must ensure that sufficient safety information and any additional resources that are necessary are provided in order to execute the required work safely.

If there has been a fatality or a permanent disabling injury on a construction site, the client will need to ensure that the contractor provides the provincial director with a report. This requirement needs to be read in conjunction with section 24 of the OHSA and regulation 8 and 9 of the General Administrative Regulations. The report must contain the measures that the contractor intends to implement to ensure a safe construction site.

Where a construction work permit is required, you must appoint a competent person in writing as an agent to act as your representative. The duties as imposed by these regulations on the client will also apply to the agent that has been appointed.

There are a number of duties imposed on the designer in respect of construction work.

Compliance Obligations?

As part of your obligations under regulation 5(5)(1)(e), you must ensure that the designer complies with the requirements set out in regulation 6. Importantly the designer must ensure that the applicable safety standards are complied with in the design. The health and safety specifications that have been submitted by you must also be taken into account.

This regulation sets out the duties of the principal contractor and contractors in respect of construction work.

Compliance Obligations?

A principal contractor must ensure that he/she complies with the requirements listed in subregulation (1) (a)-(g).

They need to provide the client with a suitable, sufficiently documented and coherent health and safety plan based on the client’s health and safety specifications. The plan needs to be applied from the date of commencement of work and throughout the duration of the construction work and it must be reviewed and updated by the principle contractor as required.

A health and safety file must be kept on site with all the relevant documentation that may be required. Every contractor must be registered and in good standing with the Compensation Fund as required by Compensation for Occupational Injuries and Diseases Act, 1993. All employees will need to have a valid medical certificate of fitness that is specific to the construction work that they are expected to perform.

Before a contractor performs any construction work he/she will need to comply with subregulation (2)(a)-(e) of the regulations. The duties of the contractor are similar to that of the principal contractor as listed above.

No contractor may allow an employee to enter any work site unless that person has undergone safety induction training with reference to the hazards that are prevalent on the site. A record of the induction training must be kept.

Construction work needs to be correctly managed and supervised. This regulation makes it the responsibility of the Principal Contractor to ensure this.

Compliance Obligations?

The principal contractor must appoint a full-time competent person as the construction manager.

Refer to the definition of a “competent person” in the regulation itself.

A contractor must also consider the degree of danger likely to be encountered or the hazards and risks on site and appoint a full-time health and safety officer in writing to assist in the control of the health and safety related aspects on site. The principal contractor must consult the provisions listed in regulation 8(1)-(10) which contains further important requirements.

A contractor must, before commencing any construction work, have risk assessments performed by a competent person who has been appointed in writing. These risk assessments shall form part of the health and safety plan that is applied on site.

Compliance Obligations?

Note your compliance obligations in terms of regulation 5(5)(1)(n). The risk assessment must include what is required in regulation 9(1)(a)-(e). Important is the identification of the risks and hazards to which persons may be exposed and an analysis and evaluation of the risks and hazards that were identified. After that has been done, a documented plan and safe work procedures must be drafted in order to mitigate, reduce or control the risks and hazards that were identified.

This regulation is applicable on all construction sites.

Compliance Obligations?

A contractor must designate a responsible person to ensure the preparation, implementation and maintenance of a fall protection plan.

The requirements for a fall protection plan are listed in regulation 10(2)(a)-(e).

Where roof work is being performed on a construction site, the contractor must ensure that the requirements listed in regulation 8(5)(a)-(f) is complied with.

The duties of the owner of a structure and the contractor are regulated in this section.

Compliance Obligations?

The owner of a structure must ensure that the inspections of the structure are carried out periodically by a competent person in order to make sure the structure is safe. These inspections must be carried out at least once every six months for the first two years and thereafter on an annual basis.

This regulation regulates temporary works on a construction site.

Compliance Obligations?

A contractor must appoint a temporary works designer in writing. All temporary works operations must carried out under the supervision of a competent person who has been appointed in writing for that purpose.

A contractor must ensure that regulation 12(3)(a)-(q) is complied with in relation to temporary works.

This regulation details the requirements that need to be met in respect of excavation.

Compliance Obligations?

Contractors need to ensure that the stability of the ground is evaluated before excavation work begins and that all excavation work is carried out under the supervision of a competent person who has been appointed in writing for the purpose.

No person may work in an excavation that has not been adequately shored or braced unless the requirements listed in regulation 13(2)(a)-(b) have been met. Steps must been taken to ensure that shoring or bracing is designed and constructed in a manner that renders it strong enough to support the sides of the excavation.

Inspections of excavations, including all bracing and shoring, must be done in accordance with regulation 13(2)(h). Every excavation that is accessible to the public or which is adjacent to public roads and which could compromise the safety of persons, must be adequately protected by a barrier or fence that is at least one metre in height and as close to the excavation as possible. There must be warning lights/reflectors or any other clearly visible boundary indicators.

The contractor has duties in respect of demolition work.

Compliance Obligations?

A contractor needs to appoint a competent person in writing to supervise and control all the demolition work on site and the contractor must ensure that before any demolition work is carried out, a detailed structural engineering survey of the structure to be demolished is carried out by a competent person.
A contractor is who carries out the demolition work will need to take steps to ensure compliance with regulation 13(4)(a)-(h).

No person may dispose of waste and debris from a high place by a chute unless regulation 13(6)(a)-(e) is complied with.

Where a risk assessment has been conducted and it comes to light that there is a presence of asbestos, the contractor must ensure that all asbestos work is conducted in accordance with the Asbestos Regulations.

All waste and debris must be removed as soon as possible from the site by a registered waste contractor that is authorised to transport the particular waste.

This regulation regulates the use of scaffolding on a construction site.

Compliance Obligations?

The contractor must appoint a competent person in writing who will ensure that all scaffolding work operations are carried out under his/her supervision and that all scaffold erectors and inspectors are competent to carry out their work. The scaffolding must comply with the relevant safety standards.

This regulation details all the necessary requirements pertaining to suspended platforms.

Compliance Obligations?

Contractors must appoint a competent person in writing who will ensure that all suspended work operations are carried out under their supervision and that all suspended platform erectors and operators are competent to carry out their work.

Suspended platforms may not be permitted unless the requirements in regulation 17(2)(a)-(c) have been met.

Contractors need to consult the provisions listed in regulation 17(6)-(14) which describes the duties of the contractor with regard to suspended platforms.

All employees that are required to work or be supported by a suspended platform need to be medically fit to work safely in a fall risk position, competent in conducting work related to the suspended platform and has received the relevant training.

This section sets out the requirements in relation to rope access work.

Compliance Obligations?

The contractor must appoint in writing, a competent person a rope access supervisor whose duty it will be to supervise all rope access work on site. All rope access work must be carried out under the supervision of a competent person and all rope access operators need to be competent and licensed to carry out the work.

No contractor may use rope access work unless the design, selection and use of the equipment comply with safety standards and the contractor needs to be in possession of a site specific fall protection plan that was developed by a competent person.

This section sets out the requirements in relation to material hoists.

Compliance Obligations?

The contractor must ensure that every material hoist and its tower have been constructed in accordance with technical standards and are strong enough and free from defects.

A notice must be affixed around the base of the tower and at each landing of the hoist that indicates the maximum mass load which may be carried at one time and the prohibition of persons from riding on the platform of the hoist.

If you have a bulk mixing plant on site then these regulations are applicable.

Compliance Obligations?

Contractors must ensure that the operation of a bulk mixing plant is supervised by a competent person who has been appointed in writing and who is aware of all the dangers involved in the operation thereof and is conversant with the precautionary measures to be taken.

This regulation sets out the contractor’s duties with regard to explosive actuated fastening devices.

Compliance Obligations?

No contractor may use or permit to use an explosive actuated fastening device unless the user has been provided with suitable protective equipment, has been trained in the operation and maintenance of such device and the explosive device has been provided with a protective guard around the muzzle end which will confine any flying fragments or particles. The firing mechanism needs to be designed in such a way that the device will not function unless it is held against the surface with a force of at least twice its weight and the angle of inclination of the barrel to the work surface is not more than 15 degrees from a right angle.

Contractor’s further need to consult the requirements listed in regulation 21(2)(a)-(g).

This regulation sets out the contractor’s duties with regard to cranes.

Compliance Obligations?

These compliance obligations are in addition to compliance with the Driven Machinery Regulations.

A contractor must ensure that where tower cranes are used, that they are designed and erected under the supervision of a competent person. Furthermore where a tower crane is used a relevant risk assessment and method statement must be developed and applied.
The effects of wind forces on the crane must be taken into consideration and a wind speed device that provides the operator with an audible warning when the wind speed exceeds the design engineer’s specification must be fitted. The bases for the tower cranes and tracks for rail-mounted tower cranes must be firm, level and secured.

It is the duty of the contractor to ensure that the tower crane operators are competent to carry out the work safely and that they have a medical certificate of fitness to work issued by an occupational health practitioner in the form of Annexure 3.

This regulation sets out what requirements need to be met with regard to construction vehicles and mobile plant.

Compliance Obligations?

Contractors must ensure that all construction vehicles and mobile plant are of an acceptable design and construction and are maintained in good working order. The vehicles must be operated by a person who has received the requisite training, is certified competent and is in possession of proof of competency whereby he/she is authorised in writing to operate those construction vehicles.

The operator also needs a medical certificate of fitness to operate the construction vehicles and it needs to be issued by an occupational health practitioner. The vehicles need to be fitted with structures that are designed to protect the operator from being crushed should the vehicle overturn or from material that may fall. The vehicles must be fitted with an acoustic warning device which can be activated by the operator and an acoustic reversing alarm. Construction vehicles must be inspected by the operator or driver on a daily basis using a checklist prior to use. Records of these findings need to be kept in a register on the construction vehicle.

Contractor further needs to consult the requirements listed in regulation 23(2)(a)-(j).

This regulation deals with the requirements pertaining to electrical installations and machinery on constructions sites. This regulation needs to be read in conjunction with the Electrical Installation Regulations and the Electrical Machinery Regulations.

Compliance Obligations?

A contractor must, before construction commences and during the progress thereof, take adequate steps to ascertain the presence of and guard against dangers to workers from any electrical cables. All electrical installations and machinery need to be of adequate strength to withstand the conditions on construction sites. All temporary electrical installations used by a contractor needs to be inspected at least once a week by a competent person and the findings need to be recorded in a register and kept on site.

All electrical machinery must be inspected by the authorized operator on a daily basis using a relevant checklist prior to use and the findings must be recorded in a register that is kept on site.

This regulation requires compliance with the specific requirements of the General Safety Regulations 2003, and sets out a number of further compliance requirements.

Compliance Obligations?

The contractor must ensure that the provisions listed in regulation 26(a)-(g) are met.

This regulation requires a contractor to ensure that where construction work is done over or in close proximity to water, certain safety measures must be in place.

Compliance Obligations?

Measures should be in place to prevent persons from falling into water and the rescue of persons that may be in danger of drowning.

Where a person is exposed to the risk of drowning by falling into the water, the person is provided with and wears a lifejacket.

This regulation must be read in conjunction with Environmental Regulations for Workplaces of 1987 to ensure suitable housekeeping on site.

Compliance Obligations?

A contractor must ensure that the provisions listed regulation 27(a)-(g) are complied with.

This regulation must be read in conjunction with the General Safety Regulations 2003, to ensure that stacking and storage on construction sites is done in the correct manner.

Compliance Obligations?

A contractor must ensure that the provisions listed in regulation 28(a)-(d) are complied with.

This regulation must be read in conjunction with the Environmental Regulations for Workplaces of 1987 to ensure that the relevant provisions are complied with.

Compliance Obligations?

A contractor must ensure that the provisions listed in regulation 29(a)-(m) are fulfilled.

This regulation must be read in conjunction with the Facilities Regulations 2004 and stipulates that every construction site must have clean, hygienic and maintained facilities.

Compliance Obligations?

The following facilities must be provided:
• shower facilities, or at least one shower facility for every 15 persons;
• at least one sanitary facility for each gender and for every 30 workers;
• changing facilities for each gender;
• sheltered eating areas.

A contractor must provide reasonable and suitable living accommodation for the workers at construction sites who are far removed from their homes and where adequate transportation between site and their homes is not available.