In these Regulations any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned and, unless the context otherwise indicates-
"agent"
means any person who acts as a representative for a client;
"angle of repose"
means the steepest angle of a surface at which a mass of loose or fragmented material will remain stationary in a pile on the surface, rather than sliding or crumbling away;
"batch plant"
means machinery, appliances or other similar devices that are assembled in such a manner so as to be able to mix materials in bulk for the purposes of using the mixed product for construction work;
"client"
means any person for whom construction work is performed;
"competent person"
means any person having the knowledge, training, experience and 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;
"construction work"
means any work in connection with-
"construction vehicle"
means a vehicle used for means of conveyance for transporting persons or material or both such persons and material, as the case may be, both on and off the construction site for the purposes of performing construction work;
"contractor"
means an employer, as defined in section 1 of the Act, who performs construction work and includes principal contractors;
"design"
in relation to any structure includes drawings, calculations, design details and specifications;
"designer"
means any of the following persons-
"ergonomics"
means the application of scientific information concerning humans to the design of objects, systems and the environment for human use in order to optimize human well-being and overall system performance;
"excavation work"
means the making of any man-made cavity, trench, pit or depression formed by cutting, digging or scooping;
"explosive powered tool"
means a tool that is activated by an explosive charge and that is used for driving bolts, nails and similar objects for the purpose of providing fixing;
"fall prevention equipment"
means equipment used to prevent persons from falling from an elevated position, including personal equipment, body harness, body belts, lanyards, lifelines or physical equipment, guardrails, screens, barricades, anchorages or similar equipment;
"fall arrest equipment"
means equipment used to arrest the person in a fall from an elevated position, including personal equipment, body harness, lanyards, deceleration devices, lifelines or similar equipment, but excludes body belts;
"fall protection plan"
means a documented plan, of all risks relating to working from an elevated position, considering the nature of work undertaken, and setting out the procedures and methods to be applied in order to eliminate the risk;
"hazard identification"
means the identification and documenting of existing or expected hazards to the health and safety of persons, which are normally associated with the type of construction work being executed or to be executed;
"health and safety file"
means a file, or other record in permanent form, containing the information required as contemplated in these regulations;
"health and safety plan"
means a documented plan which addresses hazards identified and includes safe work procedures to mitigate, reduce or control the hazards identified;
"health and safety specification"
means a documented specification of all health and safety requirements pertaining to the associated works on a construction site, so as to ensure the health and safety of persons:
"material hoist"
means a hoist used to lower or raise material and equipment, and includes cantilevered platform hoists, mobile hoists, friction drive hoists, scaffold hoists, rack and pinion hoists and combination hoists;
"medical certificate of fitness"
means a certificate valid for one year issued by an occupational health practitioner, issued in terms of these regulations, whom shall be registered with the Health Professions Council of South Africa;
"method statement"
means a document detailing the key activities to be performed in order to reduce as reasonably as practicable the hazards identified in any risk assessment;
"mobile plant"
means machinery, appliances or other similar devices that is able to move independently, for the purpose of performing construction work on the construction site;
"National Building Regulations"
means the National Building Regulations made under section 17(1) of the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977), and published under Government Notice No. R. 1081 of 10 June 1988, as amended;
"person day"
means one day for carrying out construction work by a person on a construction site for one normal working shift;
"principal contractor"
means an employer, as defined in section 1 of the Act who performs construction work and is appointed by the client to be in overall control and management of a part of or the whole of a construction site;
"professional engineer or professional certificated engineer"
means any person holding registration as either a Professional Engineer or Professional Certificated Engineer under the Engineering Profession Act, 2000 (Act No. 46 of 2000);
"professional technologist"
means any person holding registration as a Professional Technologist under the Engineering Profession Act, 2000;
"provincial director"
means the provincial director as defined in regulation 1 of the General Administrative Regulations under the Act;
"risk assessment"
means a program to determine any risk associated with any hazard at a construction site , in order to identify the steps needed to be taken to remove, reduce or control such hazard;
"roof apex height"
means the dimensional height in meters measured from the lowest ground level abutting any part of a building to the highest point of the roof;
"SABS 085"
means the South African Bureau of Standards’ Code of Practice entitled "The Design, Erection, Use and Inspection of Access Scaffolding";
"SABS 0400"
means the South African Bureau of Standards, Code of Practice for the application of the National Building Regulations;
"SABS EN 1808"
means the South African Bureau of Standards’ Standard Specification entitled: "Safety requirements on suspended access equipment - Design calculations, stability criteria, construction-tests";
"SABS 1903"
means the South African Bureau of Standards’ Standard Front-end Specification entitled: "Safety requirements on suspended access equipment - Design calculations, stability criteria, construction-tests";
"scaffold"
means any temporary elevated platform and supporting structure used for providing access to and supporting workmen or materials or both;
"shoring"
means a structure such as a hydraulic, mechanical or timber/steel shoring system that supports the sides of an excavation and which is intended to prevent the cave-in or the collapse of the sides of an excavation, and "shoring system" has a corresponding meaning;
"structure"
means-
"suspended scaffold"
means a working platform suspended from supports by means of one or more separate ropes from each support;
"the Act"
means the Occupational Health and Safety Act, I993 (Act No. 85 of 1993);
"tunneling"
means the construction of any tunnel beneath the natural surface of the earth for a purpose other than the searching for or winning of a mineral;
1) These Regulations, shall apply to any persons involved in construction work.
2) The provisions of regulation 4(1)(
3) The provisions of regulations 4(1)(
Provided that an inspector may instruct accordingly that these Regulations shall be applicable.
1) A principal contractor who intends to carry out any construction work shall-
before carrying out that work, notify the provincial director in writing of the construction work if it includes-
the dismantling of fixed plant at a height greater than 3 meters.
before carrying out that work, notify the provincial director in writing when the construction work-
2) The notification to the provincial director contemplated in subregulation (1) must be done on the form similar to Annexure A to these Regulations.
3) A principal contractor shall ensure that a copy of the completed form contemplated in subregulation (2) is kept on site for inspection by an inspector, client, client's agent or employee.
1) A client shall be responsible for the following in order to ensure compliance with the provisions of the Act:
Provided that the steps taken, shall include periodic audits at intervals mutually agreed upon between the client and principal contractor, but at least once every month;
2) A client shall 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.
3) A client shall ensure that a copy of the principal contractor’s health and safety plan is available on request to an employee, inspector or contractor.
4) No client shall appoint a principal contractor to perform construction work, unless the client is reasonably satisfied that the principal contractor which he or she intends to appoint has the necessary competencies and resources to carry out the work safely.
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 agent so appointed.
6) 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.
1) A principal contractor shall provide and demonstrate to the client a suitable and sufficiently documented 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.
2) A principal contractor shall take reasonable steps as are necessary to ensure co-operation between all contractors to enable each of those contractors to comply with the provisions of these regulations.
3) A principal contractor shall be responsible for the following in order to ensure compliance with the provisions of the Act-
Provided that the steps taken shall include periodic audits at intervals mutually agreed upon between the principal contractor and contractor(s), but at least once every month;
4) A contractor shall provide and demonstrate to the principal contractor a suitable and sufficiently documented health and safety plan, based on the relevant sections of the principal contactor’s health and safety specification contemplated in regulation 5(3)(
5) A principal contractor shall discuss and negotiate with the contractor the contents of the health and safety plan contemplated in subregulation (4), and shall finally approve that plan for implementation.
6) A principal contractor shall ensure that a copy of his or her health and safety plan contemplated in subregulation (1), as well as the contractor’s health and safety plan contemplated in subregulation (4), is available on request to an employee, inspector, contractor, client or client’s agent.
7) Every contractor shall ensure that a health and safety file; which shall include all documentation required in terms of the provisions of the Act and these Regulations, is opened and kept on site and made available to an inspector, client, clients agent or principal contractor upon request.
8) A principal contractor shall hand over a consolidated health and safety file to the client upon completion of the construction work and shall, in addition to the documentation referred to in subregulation (7), include a record of all drawings, designs, materials used and other similar information concerning the completed structure.
9) A principal contractor shall ensure that in addition to the documentation required in the health and safety file as determined in subregulations (7) and (8), a comprehensive and updated list of all the contractors on site accountable to the principal contractor, the agreements between the parties and the type of work being done are included and available.
10) No principal contractor shall appoint a contractor to perform construction work unless the principal contractor is reasonably satisfied that the contractor he or she intends to appoint, has the necessary competencies and resources to perform the construction work safely.
11) Where a contractor appoints another contractor to perform construction work, the responsibilities as determined in subregulations (2) to (6) that apply to the principal contractor shall apply to the contractor as if he or she were the principal contractor.
12) No contractor shall appoint another contractor to perform construction work unless he or she is reasonably satisfied that the contractor he or she intends to appoint, has the necessary competencies and resources to perform the construction work safely.
13) Contractors shall co-operate with the principal contractor as far as is necessary to enable each of them to comply with the provisions of the Act.
14) Every contractor shall as far as is reasonably practicable, promptly provide the principal contractor with any information which might affect the health and safety of any person at work carrying out construction work or any person who might be affected by the work of such a person at work or which might justify a review of the health and safety plan.
1) The contractor shall appoint a full-time competent employee in writing as the construction supervisor, with the duty of supervising the construction work.
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 appointment, 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.
3) Where the contractor has not appointed an employee as referred to subregulation (2), or, in the opinion of an inspector, not a sufficient number of such employees, that inspector may require the employer to appoint the number of employees indicated by the inspector, and the provisions of subregulation (2) shall apply in respect of those employees as if they had in the first instance been appointed under subregulation (2).
4) No construction supervisor appointed in terms of subregulation (1) shall supervise any construction work on or in any construction site other than the site in respect of which he or she has been appointed:
Provided that a sufficient number of competent employees have been appropriately designated under subregulation (2) on all the construction sites, the appointed construction supervisor may supervise more than one site.
5) If, however, the construction supervisor appointed in terms of subregulation (1) for more than one construction site will not, in the opinion of an inspector, be able to supervise the works favourably, an inspector may require the contractor to appoint the required number of employees as contemplated in subregulation (2) to assist the appointed construction supervisor or instruct the contractor to appoint the construction supervisor who had been appointed in terms of subregulation (1) more appropriately.
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.
7) The appointed construction safety officer as contemplated in subregulation (6) shall as far as is reasonably practicable be utilised 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).
8) No contractor shall appoint a construction safety officer to assist in the control of safety related aspects on the site unless he or she is reasonably satisfied that the construction safety officer he or she intends to appoint, has the necessary competencies and resources to assist the contractor.
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 and shall include at least-
2) A contractor shall ensure that a copy of the risk assessment is available on site for inspection by an inspector, client, client’s agent, contractor, employee, representative trade union, health and safety representative or any member of the health and safety committee.
3) Every contractor shall consult with the health and safety committee or, if no health and safety committee exists, with a representative group of employees, on the development, monitoring and review of the risk assessment.
4) A contractor shall ensure that all employees under the his or her control are informed, instructed and trained by a competent person regarding any hazard and the related work procedures before any work commences, and thereafter at such times as may be determined in the risk assessment.
5) A principal contractor shall ensure that all contractors are informed regarding any hazard as stipulated in the risk assessment before any work commences, and thereafter at such times as may be determined in the risk assessment.
6) A contractor shall ensure that as far as is reasonably practicable, ergonomic related hazards are analyzed, evaluated and addressed in the risk assessment.
7) Notwithstanding the requirements laid down in subregulation (4), no contractor shall allow or permit any employee or person to enter any site, unless such employee or person has undergone health and safety induction training pertaining to the hazards prevalent on the site at the time of entry.
8) A contractor shall ensure that all visitors to a construction site undergoes health and safety induction pertaining to the hazards prevalent on the site and shall be provided with the necessary personal protective equipment.
9) Every employee on site shall-
1) A contractor shall cause-
2) The fall protection plan contemplated in subregulation (1), shall include-
3) A contractor shall ensure that the construction supervisor appointed in terms of regulation 6(1), is in possession of the most recently updated version of the fall protection plan.
4) Notwithstanding the provisions of subregulations (1) and (2), the contractor shall ensure that-
fall prevention and fall arrest equipment is-
securely attached to a structure or plant and the structure or plant and the means of attachment thereto is suitable and of sufficient strength and stability for the purpose of safely supporting the equipment and any person who is liable to fall;
5) Where roof work is being performed on a construction site, the contractor shall ensure that in addition to the requirements set out in subregulations (2) and (4), it is furthermore indicated in the fall protection plan-
1) A contractor shall ensure that-
2) The designer of a structure shall-
subject to the provisions of paragraph (a) and (b) ensure that the following information is included in a report and made available to the contractor-
the methods and sequence of construction process.
3) A contractor shall ensure that all drawings pertaining to the design of the relevant structure are kept on site and are available on request by an inspector, contractors, client, client’s agent or employee.
4) Any owner of a structure shall ensure that inspections of that structure upon completion are carried out periodically by competent persons in order to render the structure safe for continued use:
Provided that the inspections are carried out at least once every six months for the first two years and thereafter yearly and records of such inspections are kept and made available to an inspector upon request.
5) Any owner of a structure shall ensure that the structure upon completion is maintained in such a manner that the structure remains safe for continued use and such maintenance records shall be kept and made available to an inspector upon request.
A contractor shall ensure that-
Adequate precautionary measures are taken in order to-
Prevent any person from slipping on support work or formwork due to the application of formwork or support work release agents.
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.
2) A contractor shall evaluate, as far as is reasonably practicable, the stability of the ground before excavation work begins.
3) Every contractor who performs excavation work shall-
Provided that shoring and bracing may not be necessary where-
such an excavation is in stable material: Provided that-
where any uncertainty pertaining to the stability of the soil still exists, the decision from a professional engineer or a professional technologist competent in excavations shall be decisive and such a decision shall be noted in writing and signed by both the competent person contemplated in subregulation (1) and the professional engineer or technologist, as the case may be;
cause every excavation, including all bracing and shoring, to be inspected-
by the competent person contemplated in subregulation (1), in order to pronounce the safety of the excavation to ensure the safety of persons, and those results are to be recorded in a register kept on site and made available to an inspector, client, client’s agent, contractor or employee upon request;
cause every excavation which is accessible to the public or which is adjacent to public roads or thoroughfares, or whereby the safety of persons may be endangered, to be-
provided with warning illuminants or any other clearly visible boundary indicators at night or when visibility is poor;
1) A contractor shall appoint a competent person in writing to supervise and control all demolition work on site.
2) A contractor shall ensure that prior to any demolition work being carried out, and in order also to ascertain the method of demolition to be used, a detailed structural engineering survey of the structure to be demolished is carried out by a competent person and that a method statement on the procedure to be followed in demolishing the structure is developed.
3) During the demolition, a competent person shall check the structural integrity of the structure at intervals determined in the method statement contemplated in subregulation (2), in order to avoid any premature collapses.
4) Every contractor who performs demolition work shall-
with regard to a structure being demolished, take steps to ensure that-
precautions are taken in the form of adequate shoring or such other means as may be necessary to prevent the accidental collapse of any part of the structure or adjoining structure;
5) A contractor shall ensure that no material is dropped to any point, which falls outside the exterior walls of the structure, unless the area is effectively protected.
6) Waste and debris shall not be disposed from a high place by a chute unless the chute-
7) A contractor shall ensure that every chute used to dispose of rubble is designed in such a manner that rubble does not free-fall and that the chute is strong enough to withstand the force of the debris traveling along the chute.
8) A contractor shall ensure that equipment is not used on floors or working surfaces, unless such floors or surfaces are of sufficient strength to support the imposed loads.
9) Where the risk assessment indicates the presence of asbestos, a contractor shall ensure that all asbestos related work is conducted in accordance with the provisions of the Asbestos Regulations promulgated by Government Notice No R.155 of 10 February 2002, as amended.
10) Where the risk assessment indicates the presence of lead, a contractor shall ensure that all lead related work is conducted in accordance with the provisions of the, Lead Regulations promulgated by Government, Notice No. R.236 of 28 February 2002, as amended.
11) Where the demolition work involves the use of explosives, a method statement is to be developed in accordance with the applicable explosives legislation, by an appointed person who is competent in the use of explosives for demolition work and the procedures therein are adhered to.
12) A contractor shall ensure that all waste and debris is as soon as reasonably practicable removed and disposed of from the site in accordance with the applicable legislation.
1) Any contractor performing tunneling activities shall comply with the Tunneling Regulations as published under the Mine Health and Safety Act, 1996 (Act No 29 of 1996), as amended.
2) Notwithstanding the provisions of subregulation (1), no person shall enter a tunnel, which has a height dimension less than 800 mm.
1) Every contractor using access scaffolding, shall ensure that such scaffolding, when used, complies with the safety standards incorporated for this purpose into these Regulations under section 44 of the Act.
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.
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.
2) No contractor shall use or permit the use of a suspended platform, unless-
he or she is, prior to the commencement of the work, in possession of an operational compliance plan developed by a competent person based on the certificate of system design contemplated in paragraph (b) and applicable to the environment in which the system is being used, this must include proof of the-
Provided that subregulation (2) shall only become applicable six months from the date of promulgation of these regulations.
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 need not re-submit a copy of the certificate of system design contemplated in subregulation (3) for every new project:
Provided that the environment in which the system is being used does not change to such an extent that the system design certificate is no longer applicable and, should uncertainty exist of the applicability of the system design certificate, the decision of a professional engineer, certificated engineer or professional technologist shall be decisive.
5) A contractor shall ensure that the outriggers of each suspended platform-
6) A contractor shall ensure that-
7) A contractor shall ensure that the suspended platform-
8) A contractor shall cause-
9) Notwithstanding the provisions of subregulation (8), the contractor shall cause every hoisting rope, hook or other load-attaching device which forms part of the suspended platform to be thoroughly examined in accordance with the manufacturer’s specification by the competent person contemplated in subregulation (8) before they are used following every time they are assembled, and, in cases of continuous use, at intervals not exceeding three months.
10) A contractor shall ensure that the suspended platform supervisor appointed in terms of the provisions of subregulation (1), or the suspended platform inspector mentioned in subregulation (1), carries out a daily inspection of all the equipment prior to use, including establishing whether-
11) A contractor shall ensure that all inspection and performance test records are kept on the construction site at all times and made available to an inspector, client, client's agent or employee upon request.
12) A contractor shall ensure that all employees required to work or to be supported on a suspended platform are-
trained or had received training which include at least-
information on the procedures to be followed in the case of-
(aa) an emergency;
(bb) the malfunctioning of equipment;
(cc)the discovery of a suspected defect in the equipment; and
13) Where the outrigger is to be moved, the contractor shall ensure that only persons trained and competent to effect such move, perform this task and that an inspection be carried out and the results thereof be recorded by the competent person prior to re-use of the suspended platform.
14) A contractor shall ensure that the suspended platform is properly isolated after use at the end of each working day such that no part of the suspended platform will present a danger to any person thereafter.
1) A contractor shall ensure that every boatswain’s chair or similar device is securely suspended and is constructed in such a manner so as to prevent any occupant from falling therefrom.
2) The contractor shall ensure that an inspection is carried out prior and a performance test immediately after, the boatswain chair has been erected and thereafter a visual inspection should be carried out on a daily basis prior to use.
1) A contractor shall ensure that every material hoist and its tower have been constructed of sound material in accordance with the generally accepted technical standards and are strong enough and free from defects.
2) A contractor shall cause the tower of every material hoist to be-
3) A contractor shall cause-
4) No contractor shall require or permit trucks, barrows or material to be conveyed on the platform of a material hoist and no person shall so convey trucks, barrows or material unless such articles are so secured or contained in such a manner that displacement thereof cannot take place during movement.
5) A contractor shall cause a notice, indicating the maximum mass load which may be carried at any one time and the prohibition of persons from riding on the platform of the material hoist, to be affixed around the base of the tower and at each landing.
6) A contractor of a material hoist shall not require or permit any person to operate such a hoist, unless the person is competent in the operation thereof.
7) No contractor shall require or permit any person to ride on a material hoist.
8) A contractor shall cause every material hoist-
1) A contractor shall ensure that all batch plants are operated and supervised by a competent person who has been appointed in writing.
2) A contractor shall ensure that the placement and erection of a batch plant complies with the requirements set out by the manufacturer and that such plant is erected as designed.
3) A contractor shall ensure that all devices to start and stop a batch plant are provided and that these devices are-
4) The contractor shall ensure that the machinery and plant selected is suitable for the task and that all dangerous moving parts of a mixer are placed beyond the reach of persons by means of doors, covers or other similar means.
5) No person shall be permitted to remove or modify any guard or safety equipment relating to a batch plant, unless authorized to do so by the appointed person as contemplated in subregulation (1).
6) A contractor shall ensure that all persons authorized to operate the batch plant are fully-
7) No person supervising or operating a batch plant shall authorize any other person to operate the plant, unless such person is competent to operate such machinery.
8) A contractor shall ensure that all precautionary measures as stipulated for confined spaces in the General Safety Regulations promulgated by Government Notice No. R. 1031 dated: 30 May 1986, as amended, are adhered to when entering any silo.
9) A contractor shall ensure that a record is kept of any repairs or maintenance to a batch plant and that it is made available, on site, to an inspector, client, client's agent or employee upon request.
10) A contractor shall ensure that all lifting machines and lifting tackle used in the operation of a batch plant complies with the requirements of the Driven Machinery Regulations promulgated by Government Notice No. R.295 dated 26 February 1988, as amended.
11) A contractor shall ensure that all precautionary measures are adhered to regarding the usage of electrical equipment in explosive atmospheres, when entering a silo, as contemplated in the Electrical Installation Regulations promulgated by Government Notice No. R. 2271 dated 11 October 1995, as amended.
1) No contractor shall use or permit any person to use an explosive powered tool, unless-
the firing mechanism is so designed that the explosive powered tool will not function unless-
2) A contractor shall ensure that-
the issuing and collection of cartridges and nails or studs is-
3) No contractor shall permit or require any person to use an explosive powered tool unless such person has been-
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 used-
1) A contractor shall ensure that all construction vehicles and mobile plants-
are operated by workers who-
are physically and psychologically fit to operate such construction vehicles and mobile plant by being in possession of a medical certificate of fitness;
2) A contractor shall furthermore ensure that-
Notwithstanding the provisions contained in the Electrical Installation Regulations, promulgated by Government Notice No. R.2920 of 23 October 1992 and the Electrical Machinery Regulations promulgated by Government Notice No. R.1953 of 12 August 1988, respectively, as amended, a contractor shall ensure that-
Notwithstanding the provisions for the use and storage of flammable liquids as determined in the General Safety Regulations promulgated by Government Notice No. R 1031 dated 30 May 1986, as amended, a contractor shall ensure that-
Provided that where the workplace cannot effectively be ventilated-
steps are taken to ensure that every such employee, while using or applying flammable liquid, uses the apparatus supplied to him or her;
1) A contractor shall ensure that where construction work is done over or in close proximity to water, provision is made for-
2) A contractor shall ensure that where a worker is exposed to the risk of drowning by falling into the water, a lifejacket is provided to and worn by the worker.
Notwithstanding the provisions of the Environmental Regulations for Workplaces, promulgated by Government Notice No. R 2281, dated 16 October 1987, as amended, a contractor shall ensure that-
suitable housekeeping is continuously implemented on each construction site, including provisions for the-
removal of scrap, waste and debris at appropriate intervals;
Notwithstanding the provisions for the stacking of articles contained in the General Safety Regulations promulgated by Government Notice No. R 1031, dated 30 May 1986, as amended, a contractor shall ensure that-
Subject to the provisions of the Environmental Regulations for Workplaces promulgated by Government Notice No. R.2281 of 16 October 1987, as amended, every contractor shall ensure that-
in confined spaces and other places in which flammable gases, vapours or dust can cause danger-
adequate ventilation is provided;
there is an effective evacuation plan providing for all-
plant and processes to be shut down; and
1) Notwithstanding the construction site provisions contained in the Facilities Regulations promulgated by Government Notice No. R.1593 of 12 August 1988, as amended, a contractor shall, depending on the number of workers and the duration of the work, provide at or within reasonable access of every construction site, the following clean and maintained facilities-
2) A contractor shall provide reasonable and suitable living accommodation for the workers at construction sites which are remote from their homes and where adequate transportation between the site and their homes, or other suitable living accommodation, is not available.
1) The Chief Inspector may approve as an Inspection Authority any organization that has been accredited in terms of the provision of the Act and these regulations.
2) The Chief Inspector may at any time withdraw any approval of an approved inspection authority, subject to section 35 of the Act.
Any person who contravenes or fails to comply with any of the provisions of regulations 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28, shall be guilty of an offence and liable upon conviction to a fine or to imprisonment for a maximum of 12 months and, in the case of a continuous offence, to an additional fine of R200 for each day on which the offence continues or additional imprisonment of one day for each day on which the offence continues:
Provided that the period of such additional imprisonment shall not exceed 90 days.
The following regulations are herewith repealed:
These regulations shall be known as the Construction Regulations, 2003.
Regulation 3 of the Construction Regulations, 2003
NOTIFICATION OF CONSTRUCTION WORK
1)
Name and postal address of principal contractor:
_______________________________________________________________________
Name and tel. no of principal contractor’s contact person:
_______________________________________________________________________
2) Principal contractor’s compensation registration number:
_______________________________________________________________________
3)
_______________________________________________________________________
Name and tel. no of client’s contact person or agent:
________ _______________________________________________________________
4)
_______________________________________________________________________
Name and tel. no of designer(s) contact person:
_______________________________________________________________________
5) Name and telephone number of principal contractor’s construction supervisor on site appointed in terms of regulation 6(1).
_______________________________________________________________________
6) Name(s) of principal contractor’s sub-ordinate supervisors on site appointed in terms of regulation 6(2).
_______________________________________________________________________
7) Exact physical address of the construction site or site office:
_______________________________________________________________________
8) Nature of the construction work:
_______________________________________________________________________
9) Expected commencement date: ______________________________________________
10) Expected completion date:
__________________________________________________
11) Estimated maximum number of persons on the construction site.
_______________________________________________________________________
12) Planned number of contractors on the construction site accountable to principal contractor:
_______________________________________________________________________
13) Name(s) of contractors already chosen.
_______________________________________________________________________
_______________________________________________________________________ __________________________________________________________________________________________ | ___________________ | |
Principal Contractor | Date | |
___________________ | ___________________ | |
Client | Date |
THIS DOCUMENT IS TO BE FORWARDED TO THE OFFICE OF THE DEPARTMENT OF LABOUR PRIOR TO COMMENCEMENT OF WORK ON SITE.
ALL PRINCIPAL CONTRACTORS THAT QUALIFY TO NOTIFY MUST DO SO EVEN IF ANOTHER PRINCIPAL CONTRACTOR ON THE SAME SITE HAD DONE SO PRIOR TO THE COMMENCEMENT OF WORK.
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