INSPECTION &

ENFORCEMENT SERVICE
OHS UNIT

2014.09.
11

CONSTRUCTION
REGULATION

CONTENTS

BACKGROUND
DEPARTMENTAL MANDATE
INTRODUCTION
PROVINCIAL STRUCTURE
DEFINITIONS
PERMITS & NOTIFICATION
CLIENT RESPONSIBILITY
DESIGNER

CONTENTS

PRINCIPAL CONTRACTOR
MANAGEMENT & SUPERVISION
EXEMPTION
CONCLUSION

BACKGROUND
Constitution Act 108 of 1996
Chapter 2 Bill of Rights
Section 10, promotion of labour
standards and fundamental rights at
work.
Section 24, To ensure an environment
that is not harmful to the health and
wellbeing of those in the workplace.

DoL mandate
Promoting labour standards and
fundamental rights at work.
Enhancing occupational health and
safety awareness and compliance in
the workplace.

INTRODUCTION
New regulation promulgated in terms of section
43 of OHSA replaced CR of 2003
Key objective of the CR is to formalize and
strengthen the over inspection and responsibility
Closer supervision by client
And involved approach by DOL

PROVINCIAL STRUCTURE

DEFINITIONS
agent means a competent person who
acts as a representative for a client
construction manager means a
competent person responsible for the
management of the physical construction
processes and the coordination,
administration and management of
resources on a construction site

DEFINITIONS
"competent person means a person
whoknowledge, training and experience
and, where applicable qualifications. NQF
fall risk means any potential exposure
to falling either from, off or into;
H & S specification means a site,
activity or project specific document
prepared by the client pertaining to
requirements to construction work

PERMITS & NOTIFICATION

PERMIT APPLICATION

NOTIFICATION OF
CONSTRUCTION

Who does it

Client

Contractor

When

Least 30 days before that

work

Least 7 days before that

work

For What
a)Exceed 180 days;
b) Will involve more than
1800 person days of
construction work; OR
c) The works contract is of a
value equal or to exceeding
thirteen million rand OR
CIDB grading level 6.
How

a) Include excavation
work;
b) Include working at a
height where there is risk
of
falling;
c) Include the demolition
of
structure; or
Form similar to Annexure 1. d) Include the use of
explosives to perform
construction work

CLIENTS RESPONSIBILITY
A client must
a) prepare a baseline risk assessment
b) prepare a suitable, sufficiently
documented and coherent site specific
specification
c) provide the designer with the
specification
d) PC submitting tenders have made
adequate provision for the cost

CLIENT RESPONSIBILITY CONTINUES...........

e) PC to be appointed has the necessary

competencies and resources to carry
out the construction work safely
f) For permit the client must, appoint a
competent person in writing as an agent
to act as his or her
representative on H & S matters

CLIENT RESPONSIBILITY CONTINUES...........

g) for notification of construction, the

client may, appoint a competent
person in writing as an agent to act as
his or her representative,
h) An agent must
a) manage the H & S on construction
project for the client; and
b) be registered with a SACPCMP

DESIGNERS
The designer of a structure must
a) Ensure that the applicable safety
standards incorporated in to these
Regulation under section 44 of the Act
are complied with in the design;
b) Take into consideration the H & S
specification submitted by the client;

DESIGNERS RESPONSIBILITY CONTINUE....

c) Inform the client in writing of any

known or anticipated dangers or hazards
relating to the work, and make available
all relevant information
d) refrain from including anything in the
design of the structure necessitating
the use of dangerous procedures or
materials hazardous to the health and
safety of persons, which can be avoided
by modifying the design

PRINCIPAL CONTRACTOR
A principal contractor must a) Provide to the client a suitable,
sufficiently documented and coherent
site specific H & S plan, which must be
applied, reviewed and updated by the
principal contractor as work progresses
b) No contractor may allow or permit
any
person to enter any site, unless
has
undergone safety induction training

PRINCIPAL CONTRACTOR CONTINUE.........

c) All visitors to a construction site

undergo induction and have the
necessary PPEs
d) all employees have a valid medical
certificate of fitness specific to the
construction work and issued by an
occupational health practitioner in the
form of Annexure3.

MANAGEMENT &
SUPERVISION
PC must in writing appoint one full
time competent person as the
construction manager with the duty of
managing all the construction work on
a single site
And in writing appoint one or more
assistant construction managers for
different sections thereof

MANAGEMENT & SUPERVISION CONTINUE

.....

No construction manager appointed

under may manage any construction
work on or in any construction site
A contractor must, appoint a full--time
or parttime construction health and
safety officer in writing
A construction manager must in writing
appoint construction supervisors
responsible for construction activities

EXEMPTIONS
All construction work that started after 07
February 2014 07 August 2014
Construction project commence on or
before promulgation of the Regulation 07
Aug 2015
Application for Permits - Sept 2015
Competent H&S Agent/Officers registered
with SACPCMP 06 August 2015

CONCLUSIONS
CR guidelines to be made available towards
the end of the year
All Health & Safety Practitioners are
encourage to register with SACPMCP before
the end of grace period
Lets work to avoid incident and ensure safe
working environment for all (client, workers
and visitors)

Occupation Health and Safety

Thank You