The National Department of Labour Occupational Health and Safety: Construction.

1. The National Department of Labour Occupational Health and Safety: Construction. Civil and Explosives.

2. The presentation. DOL. OHS (Construction). Management . The Technical Task Team Construction Regulations Amendments. Legal appointments Statistical report on construction safety per province.

3. Department of Labour ‘s Occupational Health and safety Civil/ Construction Management

4. Construction Regulation’s Technical Task Team.

5. Construction Regulation’s amendments. • Definitions • competent person" means any person having the knowledge, training, experience and/or where applicable qualifications specific to the work or task being performed: Provided that where appropriate qualifications and training are registered in terms of the provisions of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995), these qualifications and training shall be deemed to be the required qualifications and training; declared competent by an accredited assessor or institution.

6. Construction Regulation’s amendments. • Definitions • "agent" means any person who acts as a representative for a client and is registered as an Approved Inspection Authority interms of Construction regulation 29; (six months after promulgation of the regulations) • contractor" means an employer, as defined in section 1 of the Act, who performs construction work and includes principal contractors and contractors;

7. Construction Regulation’s amendments. • Definitions • "designer" means any of the following persons- (h) any competent person designing false work including its components, form work and support work;

8. Construction Regulation’s amendments. • Definitions • “fall risk” means any potential exposure to falling either from, off or into.

9. Construction Regulation’s amendments. • Definitions • “health and safety practitioner” means any personcompetent in Occupational health and safety and accredited as such by an institution accredited by SANAS(SOUTH AFRICAN NATIONAL ACCREDITATION SERVICES) having the knowledge, training, experience and/or qualifications specific to occupational health and safety aspects of the work or task being performed: Provided that where appropriate qualifications and training are registered in terms of the provisions of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995), these qualifications and training shall be deemed to be the required qualifications and training; competent in Occupational Health and Safety

10. Construction Regulation’s amendments. • Definitions • “Formwork” means temporary of permanent shutters used to from wet concrete into an element of a structure, and includes both horizontally and vertically placed shutters • “support work” means the temporary structure erected to support the formwork before the casting of a concrete element of a structure • “false work” means the combined system of formwork and support work

11. Construction Regulation’s amendments. • Regulation 2 • Scope of application • 2. These Regulations, shall apply to any persons involved in construction work.

12. Construction Regulation’s amendments. • Regulation 3 • Notification of construction work 3.(1) A client who intends to have construction work carried out, shall- (a) before that work is carried out, notify the provincial director in writing when the construction work- (i) exceeds 30 days or will involve more than 300 person days of construction work; and (ii) includes excavation work; or (iii) includes working at a height where there is risk of falling

13. Construction Regulation’s amendments. • Regulation 3 • Notification of construction work • (b) before that work is carried out, notify the provincial director in writing of the construction work if it includes- (i) the demolition of a structure; or (ii) the use of explosives to perform construction work; or (2) The notification to the provincial director contemplated in sub regulation (1) must be done on the form similar to Annexure A to these Regulations. 3) A client shall ensure that the principal contractor keeps the copy of the completed form contemplated in sub regulation (2) and proof of submission must be retained in the occupational health and safety file for inspection by an inspector, client, client's agent or employee.

14. Construction Regulation’s amendments. • Regulation 4 • Client 4.(1) A client shall be responsible for the following in order to ensure compliance with the provisions of the Act: (a) to prepare a suitable, sufficiently documented and site specific health and safety specifications for the intended construction work, (b) to provide the designer with such health and safety specification as contemplated in regulation 4.1(a). The designer shall take this health and safety specification into consideration as contemplated in 9.2 of these regulations (c) to include the health and safety specification, as contemplated in regulation 4.1(a)&(b), in the tender documents.

15. Construction Regulation’s amendments. • Regulation 4 • Client (d) to ensure that potential principal contractors submitting tenders, have made adequate provision for the cost of health and safety measures. (e) to ensure that the principal contractor to be appointed has the necessary competencies and resources to carry out the construction work safely. (f) to ensure that every principal contractor is registered and in good standing with the compensation fund or with a licensed compensation insurer prior to work commencing on site as contemplated in COID Act (no. 130 of 1993)-------; and

16. Construction Regulation’s amendments. • Regulation 4 • Client (g) to appoint each principal contractor in writing for the project or part thereof on a construction site; (h) to notify the Provincial Director in writing of the construction work as contemplated in regulation 3.1; (i) I. to discuss and negotiate with the principal contractor the contents of the health and safety plan contemplated in regulation 5(1) and thereafter finally approve the health and safety plan for implementation. II. no construction work shall commence until such health and safety plan has been approved.

17. Construction Regulation’s amendments. • Regulation 4 • Client (j) to ensure that a copy of the principal contractor's health and safety plan is available on request to an employee, inspector or contractor. (k) to ensure that each principal contractor’s health and safety plan as determined in regulation 5(1) is implemented and maintained on the construction site: Provided that the steps taken, shall include periodic health and safetyaudits at intervals mutually agreed upon between the client and principal contractor, but at least once every month; (l) to stop any contractor from executing construction work, which is not in accordance with, the principal contractor's health andsafety plan contemplated in regulation 5(1) for the site or which poses a threat to the health and safety of persons;

18. Construction Regulation’s amendments. • Regulation 4 • Client (m) to ensure that where changes are brought about to the design or construction, sufficient health and safety information and appropriate resources are made available to the principalcontractor to execute the work safely; (n) Without derogating from his responsibilities or liabilities, a client may appoint an agent in writing to act as his or her representative and where such an appointment is made, the responsibilities as are imposed by these regulations upon a client, shall as far as reasonably practicable apply to the agent so appointed. No client shall appoint any person as an agent, unless the client is reasonably satisfied that the person he or she intends to appoint has the necessary competencies and resources to perform the duties imposed on a client by these regulations. (o) to ensure that the consolidated health and safety file from the contractor to be kept as contemplated in regulation 5.8.

19. Principal Contractor and Contractor • 5. (1) A principal contractor shall provide and demonstrate to the client a suitable, sufficiently documented and site specific health and safety plan, based on the client's documented health and safety specifications contemplated in regulation 4(1)(a), which shall be applied from the date of commencement of and for the duration of the construction work.

20. Supervision of construction work • 6. (1) The contractor shall appoint one full-time competent employee in writing as the construction supervisor, with the duty of supervising all the construction work including ensuring occupational health and safety compliance, in the absence of the construction supervisor an alternate must be appointed.

21. Supervision of construction work • (2) The contractor shall upon having considered the size of the project, in writing appoint one or more competent employees for different sections thereof to assist the appointed construction supervisor contemplated in subregulation (1),

22. Supervision of construction work • (7) No contractor shall appoint a construction health and safety officer to assist in the control of health and safety related aspects on the site unless he or she is reasonably satisfied that the construction health and safety officer he intends to appoint, has the necessary competencies and resources to assist the contractor

23. Supervision of construction work • (8) The appointed construction Health and safety officer as contemplated in subregulation (6) shall as far as is reasonably practicable be utilized to give input at the early design stage and where not appointed at this stage, he or she shall be given the opportunity to input into the health and safety plan when wanting to do so, and a record of such shall be kept in the health and safety file contemplated in regulation 5(7).

24. 7. Risk assessment. • (2) A contractor shall ensure that as far as is reasonably practicable, ergonomic related hazards are analyzed, evaluated and addressed in the risk assessment.

25. 7. Risk assessment. • (7) A contractor shall cause the relevant risk assessment to be reviewed: • (a) where changes are brought to the design and construction work • (b) when an incident has occurred • (c) at intervals not exceeding one month.

26. 15 Suspended platforms • (3) A contractor making use of a suspended platform system shall forward a copy of the certificate of system design issued by a professional engineer, certificated engineer or professional technologist including a copy of the design calculations, sketches and test results, to the provincial director before commencement of the use of the system and must further indicate the intended type of work the system would be used for. • (4) A contractor shall submit a copy of the certificate of system design contemplated in subregulation (3) for every new project.

27. 15 Suspended platforms • (7) A contractor shall ensure that the suspended platform- • (a) is suspended as near as possible to the structure to which work is being done to prevent as far as is reasonably practicable horizontal movement away from the face of the structure.

28. 15 Suspended platforms • (7) A contractor shall ensure that the suspended platform- • (c) is fitted with a conspicuous notice easily understandable by all workers working with the suspended platform, showing: • the maximum mass load. • maximum number of persons • the maximum total mass load including load and persons which the suspended platform can carry.

29. 18 Bulk mixing plant • (1) A contractor shall ensure that the operation of a bulk mixing plant is supervised by a competent person who has been appointed in writing and is • (a) aware of all the dangers involved in the operation thereof; and • (b) conversant with the precautionary measures to be taken in the interest of health and safety.

30. 19 Explosive powered tools • (1) No contractor shall use or permit any person to use an explosive powered tool, unless- • (a) the user is provided with and uses suitable protective equipment; and • (b) the user is trained in the operation, maintenance and use of such a tool. • (c) it is provided with a protective guard around the muzzle end, which effectively confines any flying fragments or particles; and • (d) the firing mechanism is so designed that the explosive powered tool will not function unless-

31. 20Cranes • Notwithstanding the provisions of the Driven Machinery Regulations promulgated by Government Notice No. R. 533 of 16 March 1990,as amended, a contractor shall ensure that where tower cranes are • (b) a relevant risk assessment and method statement are developed and applied taking into account the following: • (i) the effects of wind forces on the crane, that a wind speed device is fitted and provides the operator with an audible warning when the wind speed exceeds the design engineer’s specification. • (ii) the bearing capacity of the ground on which the tower crane is to stand and where the ground is unstable additional measures must be taken to stabilize the area.

32. 21Construction vehicles and mobile plant • (1) A contractor shall ensure that all construction vehicles and mobile plant- • (i) are equipped with an acoustic device for warning of approach • (j) are equipped with an automatic acoustic reversing alarm. • (k) are on a daily basis inspected using a relevant checklist prior to use by the authorised operator or driver and the findings of such inspection is recorded in a register kept in the construction vehicle or mobile plant.

33. 21Construction vehicles and mobile plant • (2) A contractor shall furthermore ensure that • (f) All construction vehicles or mobile plant when not in use, must have buckets, booms or similar appendages, fully lowered or blocked, controls in a neutral position, motors stopped, wheels chocked, brakes set and ignition secured.

34. 22 Electrical installations and machinery on construction sites • a contractor shall ensure that- • (c) the control of all temporary electrical installations on the construction site is designated to a competent person who has been appointed in writing. • (d) all temporary electrical installations used by the contractor are inspected at least once a week by a competent person and these inspection findings are recorded in a register to be kept on construction site; • (e) all electrical machinery are inspected on a daily basis using a relevant checklist prior to use by the authorised operator or user and these inspection findings are recorded in a register kept on the construction site; and

35. 28. Construction employees’ facilities • (a) Shower facilities after consultation with the employees or employees representatives; or at least one shower facility for every 15 persons.

36. Construction Council • 30.(1)The chief inspector of occupational health and safety shall establish a National Construction Council consisting of -

37. Construction Council • a person who shall be the chairperson; • two persons from the Department of Labour; • two persons to represent the Department of Public Works (Built Environmental Council and Construction Industry Development Board; • One person to represent Higher Education in the field of Construction and related studies • One person to represent the South African Property Owners Association;

38. Construction Council • two persons to represent employers who are directly involved in the construction industry – one from Civils and one from building; • two persons to represent the unions who are directly involved in the construction industry: • one person to represent the health and hygiene fraternity. • One person to represent Consultants who are directly involved in the construction industry;

39. Legal Appointments in terms of the Construction Regulationsfor the Construction Industry

40. Agent appointed by the Client • 4. (5) A client may appoint an agent in writing to act as his or her representative and where such an appointment is made, the responsibilities as are imposed by these regulations upon a client, shall as far as reasonably practicable apply to the person so appointed.

41. Principal Contractor appointed by the Client • 4.(1) A client shall be responsible for the following in order to ensure compliance with the provisions of the Act • (c) to appoint each principal contractor in writing for the project or part thereof on a construction site;

42. Construction Supervisor. • 6.(1) Every contractor shall appoint a full-time competent employee designated in writing as the construction supervisor, with the duty of supervising the performance of the construction work.

43. Assistant Construction Supervisors • 6 (2) The contractor may in writing appoint one or more competent employees to assist the appointed construction supervisor contemplated in subregulation (1), and every such employee shall, to the extent clearly defined by the contractor in the letter of designation, have the same duties as the construction supervisor: Provided that the designation of any such employee shall not relieve the construction supervisor contemplated in subregulation (1) of any personal accountability for failing in his supervisory duties referred to in terms of this regulation.

44. Safety Officer • (6) A contractor shall upon having considered the size of the project, the degree of dangers likely to be encountered or the accumulation of hazards or risks on the site, appoint a full-time or part-time construction safety officer in writing to assist in the control of all safety related aspects on the site: Provided that, where the question arises as to whether a construction safety officer is necessary, the decision of an inspector shall be decisive.

45. Risk Assessor • 7.(1) Every contractor performing construction work shall before the commencement of any construction work and during construction work, cause a risk assessment to be performed by a competent person appointed in writing and the risk assessment shall form part of the health and safety plan to be applied on the site

46. Formwork and Support work Supervisor. • 10. A contractor shall ensure that • (a) all formwork and support work operations are carried out under the supervision of a competent person who has been appointed in writing for that purpose;

47. Excavation work Supervisor. • 11.(1) A contractor shall ensure that all excavation work is carried out under the supervision of a competent person who has been appointed in writing.

48. Demolition work Supervisor • 12.(1) A contractor shall appoint a competent person in writing to supervise and control all demolition work on site.

49. Scaffold Supervisor • 14 (2) A contractor shall ensure that all scaffolding work operations are carried out under the supervision of a competent person who has been appointed in writing and that all scaffold erectors, team leaders and inspectors are competent to carry out their work.

50. Suspended platforms Supervisor • 15.(1) A contractor shall ensure that all suspended platform work operations are carried out under the supervision of a competent person who has been appointed in writing, and that all suspended platform erectors, operators and inspectors are competent to carry out their work.