The presentation.

1. DOL. OHS (Construction). Management .2. The Technical Task Team3. Construction Regulations

1. Amendments. 2. Legal appointments

4. Statistical report on construction safety per province.

Department of Labour ‘s Occupational Health and

safety Civil/ Construction Management Chief Inspector.

T. Szana

Executive Manager.Civil & Explosives.

Executive ManagerElectrical & Mechanical

Executive ManagerHealth & Hygiene

Manager CivilMaphaha. Phumy

Construction Regulation’s Technical Task Team.

Chairperson. Phumy

Maphaha

Business/ Employers Organisations (3reps) 1. BUSA

Organised Labour (3 reps)1. NACTU 2. COSATU

Government 3 x Senior Inspectors

From Dol.

Consultants & Experts (4 Reps)

Grinaker-LTAWBHOSAACE

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.

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;

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;

Construction Regulation’s amendments. Definitions “fall risk” means any potential exposure to

falling either from, off or into.

Construction Regulation’s amendments. Definitions “health and safety practitioner” means any person

competent 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

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

Construction Regulation’s amendments. Regulation 2 Scope of application

2. These Regulations, shall apply to any persons involved in construction work.

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

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.

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.

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

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.

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 safety audits 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;

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.

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.

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.

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),

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

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).

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.

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.

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.

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.

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.

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.

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-

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.

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.

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.

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

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.

Construction Council

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

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;

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;

Legal Appointments

in terms of the Construction Regulations

for the Construction Industry

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.

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;

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.

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.

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.

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

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;

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.

Demolition work Supervisor 12.(1) A contractor shall appoint a competent

person in writing to supervise and control all demolition work on site.

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.

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.

Material Hoist Supervisor. 8) A contractor shall cause every material

hoist (a)to be inspected on a daily basis by a competent

person who has been appointed in writing and has the experience pertaining to the erection and maintenance of material hoists or similar machinery.

Batch plants 18.(1) A contractor shall ensure that all batch

plants are operated and supervised by a competent person who has been appointed in writing.

Construction vehicles and mobile plant Supervisor. 21.(1) A contractor shall ensure that all

construction vehicles and mobile plants (j) are on a daily basis inspected prior to use, by a

competent person who has been appointed in writing and the findings of such inspection is recorded in a register.

Electrical installations Supervisor. 22. (e) a contractor shall ensure that the control

of all temporary electrical installations on the construction site is designated to a competent person who has been appointed in writing.

Stacking and storage Supervisor. 26. a contractor shall ensure that (a)a competent person is appointed in writing

with the duty of supervising all stacking and storage on a construction site;

Fire precautions on construction sites 27. every contractor shall ensure that

(g) suitable and sufficient fire-extinguishing equipment is placed at strategic locations or as may be recommended by the Fire Chief or local authority concerned, and that such equipment is maintained in a good working order;

(h) the fire equipment contemplated in paragraph (g) is inspected by a competent person, who has been appointed in writing, in the manner indicated by the manufacturer thereof;

End of Legal appointments

of

Construction Regulations

Statistical report on construction safety per province. Report of the Construction Blitz Inspections.

COMBINED BLITZ REPORT FOR MARCH AND APRIL 2007

  Inspections   Notices  

Province

Number of Inspectors

Total W/Places Inspecte

d

# complyi

ng

Number not

complying

Improve-ment

Contravention Prohibition

Eastern Cape 45 204 85 119 0 113 9

Free State 48 245 129 116 13 79 24

Gauteng 47 101 38 51 2 67 23

Kwazulu Natal 50 303 180 10 232 15 4

Limpopo 9 49 12 37 0 37 4

Mpumalanga 40 635 451 184 5 150 51

North West 84 73 9 70 0 69 8

Northern Cape 38 121 9 112 1 111 27

Western Cape 13 178 62 116 2 387 22

Total 374 1909 975 815 255 1028 172

Overall statsMARCH AND APRIL 2008 AUGUST 2007

Total W/Places Inspected

# complying

Number not complying

Improve Contrav Proh

Total W/Places Inspected

Number complying

Number not complying Improve Contrav Proh

EC 204 85 119 0 113 9 136 24 102 0 106 14

FS 245 129 116 13 79 24 155 271 84 2 77 5

GN 101 38 51 2 67 23 57 21 35 8 40 2

GS       247 80 167 25 172 163

KZN 303 180 10 232 15 4 240 126 100 7 100 3

L 49 12 37 0 37 4 75 7 68 5 57 12

MPU 635 451 184 5 150 51 237 152 85 9 50 48

NW 73 9 70 0 69 8 56 22 32 5 27 23

NC 121 9 112 1 111 27 105 19 86 9 71 13

WC 178 62 116 2 387 22 107 37 70 16 315 4

TOTALS 1909 975 815 255 1028 172 1415 759 829 86 1015 287

Overall inspection picture

0

500

1000

1500

2000

2500

EC

FS

GN

GS

KZN

L

MPU

NW

NC

WC

TOTALS

Overall Picture

0100200300400500600700

EC

FS

GN

GS

KZN

L

MPU

NW

NC

WC

Workplaces inspected

0

100

200

300

400

500

600

700

March April TotalW/Places Inspected

August Total W/PlacesInspected

Notices served

0

50

100

150

200

250

300

350

400

450

MARCH APRILImprovement

MARCH APRILContravention

MARCH APRILProhibition

August Improvement

August Contravention

August Prohibition

Complying/not complying

0

50

100

150

200

250

300

350

400

450

500

MARCH APRIL # complying

MARCH APRILNumber notcomplying

August Number complying

August Number not complying

End Thank you

Phumudzo Maphaha.082 908 1995

012 309 4316/88 Phumi.maphaha@labour.gov.za