Category: Safety File
May 20, 2019 in Safety File0by Stephan
We assist clients on various sites as their safety agent.
The Health and Safety Agent means a competent person who acts as representative for a client- Construction Regulations GNR. 84 of 7 February 2014
a) A person or an organisation that acts as a representative for a client in managing overall construction work with full authority and obligation to act on behalf of the client in terms of the Construction Regulations.
b) An agent contemplated above must ensure the management of health and safety on a construction project for a client and where applicable through an appointment of a registered competent person with a statutory body approved by the Chief Inspector. Refer to Regulation 5 (7).
On 26 July 2018 DOL issued an Exemption Notice
Construction Regulation 5: Duties of client
5. (1) A client must—
(a) prepare a baseline risk assessment for an intended construction work project;
(b) prepare a suitable, sufficiently documented and coherent site specific health and safety specification for the intended construction work based on the baseline risk assessment contemplated in paragraph (a);
(c) provide the designer with the health and safety specification contemplated in paragraph (b);
(d) ensure that the designer takes the prepared health and safety specification into consideration during the design stage;
(e) ensure that the designer carries out all responsibilities contemplated in regulation 6;
(f) include the health and safety specification in the tender documents;
(g) ensure that potential principal contractors submitting tenders have made adequate provision for the cost of health and safety measures;
(h) ensure that the principal contractor to be appointed has the necessary competencies and resources to carry out the construction work safely;
(i) take reasonable steps to ensure co-operation between all contractors appointed by the client to enable each of those contractors to comply with these Regulations;
(j) ensure before any work commences on a site that every principal contractor is registered and in good standing with the compensation fund or with a licensed compensation insurer as contemplated in the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);
(k) appoint every principal contractor in writing for the project or part thereof on the construction site;
(l) discuss and negotiate with the principal contractor the contents of the principal contractor's health and safety plan contemplated in regulation 7(1), and must thereafter finally approve that plan for implementation;
(m) ensure that a copy of the principal contractor's health and safety plan is available on request to an employee, inspector or contractor;
(n) take reasonable steps to ensure that each contractor's health and safety plan contemplated in regulation 7(1)(a) is implemented and maintained;
(o) ensure that periodic health and safety audits and document verification are conducted at intervals mutually agreed upon between the principal contractor and any contractor, but at least once every 30 days;
(p) ensure that a copy of the health and safety audit report contemplated in paragraph (o) is provided to the principal contractor within seven days after the audit;
(q) stop any contractor from executing a construction activity which poses a threat to the health and safety of persons which is not in accordance with the client's health and safety specifications and the principal contractor's health and safety plan for the site;
(r) where changes are brought about to the design or construction work, make sufficient health and safety information and appropriate resources available to the principal contractor to execute the work safely; and
(s) ensure that the health and safety file contemplated in regulation 7(1)(b) is kept and maintained by the principal contractor.
(2) Where a client requires additional work to be performed as a result of a design change or an error in construction due to the actions of the client, the client must ensure that sufficient safety information and appropriate additional resources are available to execute the required work safely.
(3) Where a fatality or permanent disabling injury occurs on a construction site, the client must ensure that the contractor provides the provincial director with a report contemplated in section 24 of the Act, in accordance with regulations 8 and 9 of the General Administrative Regulations, 2013, and that the report includes the measures that the contractor intends to implement to ensure a safe construction site as far as is reasonably practicable.
(4) Where more than one principal contractor is appointed as contemplated in sub regulation (1)(k), the client must take reasonable steps to ensure co-operation between all principal contractors and contractors in order to ensure compliance with these Regulations.
(5) Where a construction work permit is required as contemplated in regulation 3(1), the client must, without derogating from his or her health and safety responsibilities or liabilities, appoint a competent person in writing as an agent to act as his or her representative, and where such an appointment is made the duties that are imposed by these Regulations upon a client, apply as far as reasonably practicable to the agent so appointed.
(7) An agent contemplated in sub regulations (5) and (6) must—
(8) When the chief inspector has approved a statutory body as contemplated in sub regulation (7)(b), he or she must give notice of that approval in the Gazette.
a) Regulation 5(1)d must be read with regulation 6, the duties of the designer and a written report must be submitted to the Client by the Designer as proof of compliance with the afore said regulation.
b) Regulation 5(1)(i) Where there are multiple principle contractors (or contractors) on site appointed by the client , the client shall coordinate cooperation between contractors to ensure health and safety control, read with regulation 7(4).
Regulation 5 (5); (6) and (7) .
c) Where a client specifies which contractors a principal contractor must appoint the duties as specified in 7(1)(c)(iii) shall be applicable to the said client.
d) A client may appoint a Construction Health and Safety Agent or Construction Health and Safety Manager based on the scope and risk profile of construction work to represent him/her on matters of health and safety. Provided that, where the question arises as to whether a Construction Health Safety Agent or a Construction Health and Safety Manager is necessary, the decision of an inspector is decisive.
April 30, 2019 in Safety File0by Stephan
A Safety File, otherwise known as a 'Contractor Health and Safety File' is a record of information focusing on the management of health and safety on construction sites for contractors and sub-contractors. It protects the employer from criminal liability and proves compliance to the Occupational Health and Safety Act and Regulations.
What does the South African LAW say about a Health and Safety File?
Every contractor and sub-contractor is required by the Occupational Health and Safety Act 85 of 1993 and the Construction Regulations 2014, to have a Safety File that must be available at all times. The Occupational Health and Safety Act 85 of 1993 and Construction Regulations 2014 state the following:
Construction Regulation 3(6)– A client must ensure that the principle contractor keeps a copy of the construction work permit contemplated in sub regulation (1) in the occupational health and safety file for inspection by an inspector, the client, the client's authorized agent, or an employee;
Construction Regulation 5(1)(s) – The client must ensure that health and safety file contemplated in regulation 7(1)(b) is kept and maintained by the principle contractor;
Construction Regulation 7(1)(b) –A principle contractor must open and keep on site a health and safety file which must include all documentation required in terms of the Act and these Regulations, which must be made available on request to an inspector, the client, the client's agent or a contractor.
The OHS File must be maintained by the site safety personnel and audited by a competent person.
What do we include in your Safety File
Every Health and Safety File is 'site specific'. It will be compiled in accordance with the client's and the site's safety specifications. The overall information requirements remain the same, and the site specific documents will be added. When we setup your file, it will consist of the following Documents:
Contractor appointment letter. (Construction Regulation 5(3)(f) of the OHS A)
37(2) Agreement between client and contractor
Notification of Construction Work
Copy of the OHS Act
Occupational Health and Safety Management Plan
Company Occupational Health and Safety Policy
Letter of Good Standing
Material Safety Data Sheets for hazardous materials used (if required)
Safe work procedures (Site Specific)
Fall Protection plan (if required)
Legal appointment with proof of training (Ex. Chief Executive Officer, Risk Assessor, First Aider etc.)
Incident reporting procedures
Incident reports (General Administrative Regulation 9 (3) – Annexure 1)
Incident registers
Reports of accidents
Emergency preparedness documents
First aid documents
Induction records
Medical surveillance records
Safety communication (e.g. Toolbox talks)
Minutes of safety meetings
Inspection registers
Searching for answers and guessing which of the safety regulations are relevant to your business can keep you busy for a very long time. There are templates that you need, but there are so many and you don't know which ones are correct. You are not sure what safety topics to use in your Tool Box Talks and how often you should do them. You simply don't have the time and you have more important things to attend to.We will worry about your safety file while you worry about your business- we have all the knowledge and experience .
November 5, 2018 in Safety File0by Stephan
How much does a Safety File Cost? this is the first question someone ask when they phone me.
Health and Safety File prices differ drastically from one company to the next. So How much is a Safety File? Well that depends on the company you choose to work with. There are no set prices for a health and safety file. The price is determined by the consultant you use for the file. We have seen prices from between R1000 – R20000. The price would also depend on the size of the project and the risks involved .You should be careful to simply use the cheapest contractor. Make sure that your consultant is competent and SACPCMP registered A safety file is a very important part of your project and you definitely don't want to compromise on quality or face legal compliance issues, delays and non-payments.
How much does a Safety File cost? should not be the first question being asked, but rather are you a competent ,SACPCMP registered individual?
The point is , it is not always the best decision to use the cheapest consultant because you did not budget for a safety file.
Every contractor is required to present to the client a site specific health and safety file, and every client must ensure that the contractor has the required resources to implement the health and safety plan on site. Occupational Health and Safety should be a standard item on every Bill of Quantities .
Every Safety File is 'site specific'. It will be compiled in accordance with the client's and the site's safety specifications. The overall information requirements remain the same, and the site specific documents will be added. When we setup your Health and Safety File, it will consist of the following Documents: