Safety Documentation System
Safety Documentation System
Safety Documentation System
Section A
1. Daily/Weekly/Monthly inspections
a. Induction training
b. Daily planning/Toolbox talks
a. Agendas
b. Minutes of meeting
c. Attendance registers
1. BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD health and safety
policy
2. BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD Company profile
and SHE organogram
3. Notification of construction work (where applicable)
4. Proof of good standing with compensation commissioner
5. Site risk assessment
6. PPE arrangements
7. Client site Safety specification
8. BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD safety file approval
by client
9. BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD Health and Safety
plan
10. Fall protection plan
11. List of BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD workers
onsite and relevant medical certificates
12. Proof of Disciplinary action
13. List of contractors onsite (Where applicable)
14. Mandatory appointments with client/contractors
15. All Health and Safety appointments and Records of competency
15.1Appointments
1. Daily/Weekly/Monthly inspections
a. Induction training
b. Daily planning/Toolbox talks
a. Agendas
b. Minutes of meeting
c. Attendance registers
This form is to be completed by the Site Supervisor / Team Leader on a daily basis before work
commences and filed in the site file.
Name of Supervisor / Team Leader: _________________Signature: ___________ Date: _______
AREA
BODY HARNESSES
Harness Webbing
All Stitching
Lanyard
D-ring(s) Buckle(s)
2. This Y symbol is for YES or OK.
EMPLOYEES MFRS.
NAME SERIAL #
First aid box monthly checklist 1 2 3 4 5 6
?/x Inspector ?/x Inspector ?/x Inspector ?/x Inspector ?/x Inspector ?/x Inspector
Comment month 1
Comment month 2
Comment month 3
Comment month 4
Comment month 5
Comment month 6
Monthly inspection
Date Site
Responsibl Date
Plant/Equipment Observation e person required
a. Agenda
b. Minutes of meeting
c. Attendance register
Monthly safety management safety file audit report
Monthly incident report statistics
Company information and List of emergency number
Company name:
Telephone number:
Ambulance:
______________________________________________________________________
Section B
Records of Health and Safety documents
1. BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD health and safety policy
2. BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD Company profile and SHE organogram
3. Notification of construction work (where applicable)
4. Proof of good standing with compensation commissioner
5. Site risk assessment
6. PPE arrangements
7. Client site Safety specification
8. BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD safety file approval by client
9. BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD Health and Safety plan
10. Fall protection plan
11. List of BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD workers onsite and relevant
medical certificates
12. Proof of Disciplinary action
13. List of contractors onsite (Where applicable)
14. Mandatory appointments with client/contractors
15. All Health and Safety appointments and Records of competency
15.1. Appointments
1. The company is committed to a strong safety and environmental protection program that
protects its staff, its property and the public from incident.
2. Employees at every level, including management, are responsible and accountable for the
company's overall safety and environmental protection initiatives. Complete and active participation
by everyone, everyday, in every job is necessary for the safety and environmental excellence the
company expects.
3. Management supports co-ordination of safety and environmental protection program among all
workers on the job site and commits to working in a spirit of consultation and co-operation with it's
workers in achieving a safe and healthful work environment.
4. Management supports participation in the program by all employees including themselves, and
provides proper equipment, training and procedures. All employees are responsible for following all
procedures, working safely, and wherever possible, improving safety and environmental protection
measures.
5. An accident and incident free workplace with regards to health and safety and the environment is our
goal. Through continuous safety and loss control efforts, we can accomplish this.
6. The health and safety and environmental information in this policy does not take precedence over
the Occupational Health and Safety and the environmental protection Act.
7. This policy and any updates will be communicated to all staff at a staff meeting and there after
awareness will be maintained through network communication and/or through posting of the policy
in the workplace and through internal induction training.
8. This policy will be reviewed by the CEO and the safety and environmental committee on a biannual
basis, in February or at any time that legislation changes or if any circumstance arises that
necessitate an premature update.
_______________________________ _________________________________
CEO Date
117 Soutpansberg Rd 2243 Protea Street 9 Dytchley Road 80 Salt River Road
RIVIERA MODEL PARK KYALAMI WOODSTOCK
Pretoria, South Africa Witbank, South Africa Midrand, South Africa Cape Town, South
Africa
Web page:
www.basileia.co.za
Company information
Company description
COMPANY BACKGROUND
Basileia Engineering Solutions (Pty) Ltd was established during 2008. Basileia grew
quickly and now provide engineering consultation and services in the field of CO2, CO2
Blasting and cleaning and the bulk supply and management of fuel (Diesel & Petroleum).
Basileia adopted a strategy of upliftment by assisting our personnel to start their own
small businesses and engage in a partnership with Basileia. Basileia provides the majority of
these SMMEs business but also encourage and assist them to acquire other sources of
income. We therefore do not have a big personnel structure but rather a very large
partnership structure.
Basileia Engineering Solutions and Basileia Fire & Safety Solutions have concluded
an inter-Company Relationship. With this relationship the two Companies join their strengths,
expertise and resources. Together the two companies render a complete Chemical
Engineering and Fire & Safety service to the client.
Basileia has concluded an agreement with one of the major gas manufacturing companies in
Africa for the supply of CO2 and Nitrogen as a raw product. Basileia can supply any client with
any amount of CO2 and Nitrogen from Basileias Bulk Storage and Production Plant.
Instead of using hard abrasive media to grind on a surface (and damage it), dry ice blasting
uses soft dry ice, accelerated at supersonic speeds, and creates mini-explosions on the
surface to lift the undesirable item off the underlying substrate.
Dry ice blasting has many unique and superior benefits over traditional blasting media.
A key challenge in the utilities industry is how to establish pro-active regular maintenance on critical
electrical system components
Hindering the effort has been that traditional cleaning methods, typically hand wiping and high
pressure washing, require switchgear and other gear connected in the system to be de-energized.
Downtime is extended as equipment needs to dry before going on-line again.
In frequent or reactive maintenance leads to eventual electric breakdown and short circuits.
With tracking present, linemen are reluctant to work on equipment./
Dry ice blasting effectively cleans switchgear, generator windings, transformers,bushings and
other electrical equipment.
In sum, benefits include:
Benefit #1 Supports pro-active maintenance. Dry ice blast cleaning is faster, more thorough,
requires no drying time, less downtime and can be performed through out the year.
Also, power interruptions are reduced
.
Benefit #2 Improved system reliability. Raises equipment performance to a level of
excellence .
Benefit #5 Improved safety. The dangers linemen face from phase to phase or phase to
ground tracking are reduced.
This method can be successful in thoroughly cleaning electric motor windings in place.
This method requires a fairly time consuming process to dry the windings sufficiently.
Depending on the size of the windings, it can take days or weeks to thoroughly dry the windings.
Care must be taken to not exceed 200 Deg. F when drying out.
If the windings are not thoroughly rinsed, the soap residue can serve as a contaminant and cause
premature loss of insulation integrity.
The washing solution must be disposed of properly
.
2. Solvent based cleaning
This method also can be successful in thoroughly cleaning electric motor windings in place.
The drying time is considerably quicker than the pressure washing method. Sometimes hours.
Care must be taken that the person applying the solvent not be overcome by fumes.
Care must be taken that others in the vicinity are not adversely affected by solvent fumes.
Care must be exercised around rubber products, especially rubber based lead wires.
The solvent solution must be disposed of properly. Improper disposal can result in significant
environmental consequences
.
3. Dry Ice blast cleaning - The Best Cleaning Solution
This method is very successful in thoroughly cleaning electric motor windings in place.
This method uses pelletized dry ice that is accelerated by a specially designed machine to
Very high velocity.
The dry ice instantly freezes the contaminant and breaks the bond with the substrate.
The hyper velocity air removes the dirt and the dry ice instantly sublimates into a gas.
In short, this method is quicker and safer than either of the previous methods.
Engineering
Marine 3 Technology
Basileia has concluded an agreement with several oil majors (oil and petroleum product
manufacturing, supplying and distributing).
Basileia supplies clients with fuel at much reduced prices. The fuel can be delivered anywhere
in Africa by road, rail or shipping.
Automated Systems
Basileia supplies and installs the following locking systems & equipment for the
safe keeping of valuables, strong rooms and any resource that require locking or
securing. The security seals have as many applications as types and sizes. The
products are as follows:
CUSTOMER DEMOGRAPHICS
Major customers
Basileia deliver services, assistance, training and equipment to many satisfied customers. The major
clients of Basileia are as follows:
BEE STATUS
Banking details
5. Name and telephone number of principal contractors construction supervisor on site appointed in terms
of regulations 6 (1):
...................................................................................................................................................................
6. Name/s of principal contractors sub-ordinate supervisors on site appointed in terms of regulation 6 (2):
...................................................................................................................................................................
12. Planned number of contractors on the construction site accountable to principal contractor:
...................................................................................................................................................................
................................................................. .................................................................
Principal Contractor Date
................................................................. .................................................................
Client Date
1. issuing of PPE
A risk assessment was done on the scope of work of the project and the risk on the site has
been identified and the correct PPE has been established and will be issued free of charge to
each worker or visitor to the construction site, depending on the type of risks they will
exposed to.
a PPE issue form is in use at the stores where the store-man will train or arrange training for
the worker on the use of PPE and a register of this training in the use and the action taken if
a person is found in non compliance with the SHE program for PPE is held of all persons
who have been issued with PPE and have received training.
3. Replacement
Ail PPE issued to workers will be of high quality and in good condition and broken or PPE in
poor condition will be replaced to ensure that safe work can be ensured. Replacement PPE
will be issued free of charge unless the worker is found to have abused the equipment or has
been negligent and has lost the equipment.
INDEX
1 Introduction
2 Management & Supervision
3 Training
4 Public Safety and access control
5 Contractors Agreements, Appointments and Requirements
6 Risk Assessments
7 Fall Protection Plan
8 Scaffold and Suspended Platforms
9 Electrical Installation Machinery
10 Fire Precaution
11 Stacking and Storage on Site
12 Personal Protective Equipment and Clothing
13 Signage
14 Reporting of Incidents
15 Recording & investigation of Incidents
16 Health and Safety Representatives and safety Committee
17 Emergency Procedures
18 Gas Welding & Cutting
19 Duty to Information
19. Revision of this plan
1. Introduction
a) BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD has implemented a Health and safety
program as required by the occupational health and Safety act to ensure a safe and healthy
workplace that will not be of any harm to the environment.
b) The Health and Safety program makes provision that a copy of the following legislation are
made available:
c) A Health and Safety file with all the necessary legal documentation and inspection registers
for use to comply with the provisions of the regulations will be available on site for inspection.
d) A personal file of each employee reflecting name, ID, job description and medical certificate if
applicable is available on site.
2. Training
a) General employee induction for type of work done by BASILEIA FIRE & SAFETY
SOLUTIONS (PTY) LTD will be done on a continuous basis with all administration and technical
staff.
c) Before commencement of new contract the Health and safety coordinator will visit the site, do
a risk assessment and ensure that the existing induction training covers all aspects pertaining to
the new site.
e) Only competent personnel are employed to work on projects and are properly inducted,
instructed and trained.
a) To ensure continuous compliance each project site will have an appointed SHE representative
as part of the full time staff.
b) Each site has an appointed competent person to manage and supervise work on each
project.
c) BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD work procedures ensure that any
construction work on the project is always carried out under the supervision of competent
persons.
d) All appointments of relevant persons are in writing and appointment letters will be kept in the
Health & Safety file of each site.
e) All after hours or weekend work are carried out under competent supervision.
a) BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD Health and Safety program provides for
the necessary warning and safety signs to be displayed at the worksite where the public could
be exposed to work hazards i.e. No Unauthorised Entry, Danger Construction Work in Progress,
Hard Hat, Lifting Operations and Visitors to Report to Site Office.
b) In accordance with the act the Health and safety program has made provision to ensure that
entry to the site is refused to any person or employee(s) who appear unfit through
alcohol and or drug use.
a) BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD Health and Safety program makes
provision to provide each sub-contractor with its Health and Safety specification requirements
for the work specific contract.
b) Agreement and contracts with Mandataries and sub-contractor are compulsory before
commencement of the specific work by Mandataries or sub-contractor.
c) BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD Health and Safety program requires that
each sub-contractor have a health & safety file that must be on site.
6. Risk Assessments
a) BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD Health and Safety program has a
comprehensive risk assessments and safe work procedures program.
b) A competent person is appointed to carry out risk assessments before the commencement of
any work on the project.
c) The identification of all risks and hazards on any project to all workers, sub-contractors,
visitors, the public and the environment will be completed before any work starts.
d) A full evaluation and report of said risks and hazards will follow any risk/hazard assessment.
e) A documented plan of safe work procedures will be drawn up for all normal work and for any
new work with hazards not yet provided for. This plan will indicate how these risks/hazards are
to be mitigated, reduced, controlled and managed.
f) A copy of these risk assessments pertaining to any site will be readily available on site.
g) The Health and safety program ensures that the safe work procedure, established through
risk assessments, are properly communicated to those employees concerned.
h) Where applicable, monthly safety audits will take place on behalf of BASILEIA FIRE &
SAFETY SOLUTIONS (PTY) LTD to establish if sub-Contractors Health and Safety plan is
implemented and maintained on the work site.
7. Fall Protection
a) A competent person who has been trained and have experience of the hazards and risks
involved in working at heights will be appointed with the responsibility for the preparation of a fall
protection plan of each individual site.
a) The work supervisor will ensure that all scaffolding operations are carried out under the
supervision of a competent person and that all erectors, team leaders and inspectors are
competent to carry out their work.
b) The work supervisor will ensure that scaffolding when used, complied with the safety
standards as per SABS 085.
c) the supervisor will make sure that scaffolding is safe for use before it is used for any work.
9. Electrical Installation
BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD will ensure that the control of all temporary
electrical installations on site is designated to a competent person.
BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD Health and Safety program makes
provision that:
* Appropriate measures are taken to avoid the risk at fire on the site.
* Sufficient, safe, and suitable storage is provided for flammable liquids and gasses.
* Smoking is prohibited and notices to this regard are displayed
* Off cuts, materials, plastics, paper and other materials are not allowed to accumulate on site
but removed on a daily basis,
* That any welding/flame cutting operations are done in a safe manner and that a fire
extinguisher is readily available,
* A sufficient number of persons on site are trained in the use of fire extinguishing equipment
* There is an effective evacuation plan in place.
.
11. Stacking & Storage
a) BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD Health and Safety program makes
provision that adequate storage areas are provided and that;
ii) all flammables to be stored separately and the necessary precautions are taken to
prevent a fire or explosion
iii) good housekeeping principals are implemented and maintained in storage areas
a) BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD Health and Safety program makes
provision for a risk assessment to be done on site, taking into account the nature of the hazards
involved in working on each specific contract and provision;
ii) Inform workers and provide them with PPE free of charge
iii) Provide continuous training, exercise control and enforce the wearing of PPE where
necessary.
iv) Instruct employees in the proper use, maintenance and limitations of the safety
equipment.
v) A document with all of the above information and the signature of the relevant workers
will be kept in the site safety file.
13. Signage
BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD Health and Safety program makes
provision for the relevant signs are placed correctly conspicuous areas for example;
* No Unauthorized Entry
* Danger Workman Above
* Hard Hat Area
* First aid facilities
* No Smoking
a) BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD Health and Safety program makes
provision for all incidents occurring on site and arising out of or in connection of the activities of
persons at work, or in connection of the use of plant or machinery, be reported to the Inspector
as required by Section 24(1) & (2) of the Act.
b) Such notification shall be in the form of WOL 1 and WCL 2 as the case may be.
a) BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD Health and Safety program makes
provision for every incident to be investigated by the Health and safety committee.
b) The reporting of incidents shall be in the form of WCL 2 and be competed within seven days
of the incident and finalized as soon as reasonable practicable.
a) Health & Safety Representatives have been appointed and trained as per requirements of
Section l7 of the Act.
b) The Health and Safety program makes provision for Health and Safety Representatives to do
monthly safety inspection and risk assessments where necessary of each site and workplace.
c) The results of safety inspections, risk assessments and reports are kept in the safety file on
site.
d) The Health and Safety program makes provision to ensure that where applicable, all sub-
contractors also appoint Health and Safety Representatives.
e) As per requirement of the act all Health and Safety Reps will form part of the Safety
Committee on each worksite.
f) The Health and Safety Committee will meet monthly and records of these meetings will be
kept in the safety file.
d) Qualified First Aider and fire fighters with relevant equipment to be trained and will be
available on each site.
e) A list of emergency telephone numbers is placed in conspicuous place in the site office.
The Health and Safety program makes provision to make available any safety information to
those persons/ sub-contractors who have to carry out gas welding & cutting operations.
The Health and Safety program makes provision for BASILEIA FIRE & SAFETY SOLUTIONS
(PTY) LTD to inform any Contractor/subcontractor of any changes in the project that might affect
the health and safety of persons that is not covered in the original Health and Safety
Specifications.
This plan will be revised on a bi-annual basis at the end of February by a competent person/s
appointed by the SHE committee or if any circumstances on the project changes to require
changes.
Version 1.7
_____________________________________________
For BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD
______________________________
Designation
________________________________
Date
1. _______________________ is the person responsible for the fall protection plan for
_________________ site.
2. The appointed person will have the responsibility to keep the fall protection plan updated
with the conditions onsite on a regular basis and to ensure that all relevant persons have
a copy of the updates at all times.
Daily inspection should point to new and existing risks that need attention and special
training. Special attention should be given to working at heights when daily inspections are
done. Training needs should be assessed and special training should be done with workers
that does not work safe at height.
The person responsible for the fall protection plan will have the responsibility to do the risk
assessment on the construction site before any construction commences. This will be done in
consultation with the engineer, site construction manager, land surveyors, project manager,
relevant subcontractors and architect.
Roof workers
Scaffold workers
Persons working on ladders at heights above 2.5 meter
Crane operators
Any situation where a person is required to work at limited protected height for more
than 10 minutes at a time on a regular basis
A person who have received training in the safe erection and inspection of scaffolding will be
appointed on the site
Site induction training is compulsory for all workers that work onsite
Job specific Safe work procedure training will be given to all persons exposed to hazards of
working at height.
7. Inspection, testing, maintenance and records program for all fall protection equipment
A. Roof work
I. Planning
II. After the risk assessment, the responsible person for fall protection, will in
consultation with the project manager draw up the minimum requirements for
roofwork fall protection plan for all work to be done on the specific type of
roof to be fitted to the building being constructed.
The roof contractor/supervisor has to provide the site manager proof of the
competency of all workers involved in roofwork, which proof will be kept in the
safety file
All areas directly below roofwork must be properly barricaded and appropriate
signs placed in conspicuous places warning persons of work overhead and
points of entry to roofwork must have correct signs warning persons that un-
authorised entry is prohibited
site.
1) As a contractor you are required to fulfill all requirements of the Occupational health and safety act and its
regulations with specific reference to the construction regulation and any other applicable legislation or
regulations for your scope of work.
2) If you or your workers are found in breach of any of these requirements, you can be prevented from
carrying on with the work you are busy with or you will be fined, instructed to leave the site until you comply
fully, payment could be delayed you have complied with the requirements or your contract can be
terminated.
3) As required by the Act, BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD will perform periodic safety
audits on the work, equipment and content and continuous management of safety file onsite to ensure that
your safety plan is properly implemented and maintained.
4) You are required to appoint a competent, responsible person, in writing as site supervisor who will be
responsible to maintain SHE on the construction site.
5) The construction regulation requires that you provide BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD
with a safety file in accordance with the Occupational health and safety act and the construction
regulations, which must contain record of at least the following.
ii. A copy of this safety specification from BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD .
iii. A complete risk assessment of the work to be done on the construction site starting with the
risks that your employees are exposed to through the work they perform. Secondly, the risk
they expose other persons to through the work they perform, and the risks they are exposed to
by other workers and work being performed by others onsite.
iv. Written safety plan including work procedures to work safely in the risks they are exposed to
onsite, which has to be approved BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD safety
coordinator.
v. Copy of monthly external audit by BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD , non
conformances and what you have done to become compliant.
vi. Copy of mandatary agreement with BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD .
vii. A fall protection plan is required if you have workers working above 2,5 meter height and
workers must have a medical certificate stating that they are fit to work at height.
viii. After the risk assessment, you are required to provide your workers with safety boots, hard
hats, gloves, safety goggles, safety harnesses or any other Personal Protective Equipment
that is needed to perform the work safely.
ix. Furthermore the Act requires that you train your workers in the need for and the proper use of
and the action that will be taken against any employee that does not comply with this
requirement.
x. You are required to have trained safety representative, first aiders, fire fighters to ensure
compliance with the regulations.
Basileia Engineering Solutions (Pty) Ltd
xi. A list of names and ID numbers or passport numbers with valid work permit of all your workers
onsite.
xii. Proof of all training and competence of all legal appointed persons and workers.
xv. Safety inspection and safe work procedure lists must be in the safety file and completed on a
regular basis as required by the regulation for the type of risk your workers are exposed to.
xvi. Compulsory First aid kit is required if you have more than 10 persons onsite and fire
extinguishers if the work that is being done has a fire risk.
xxi. List of hazardous chemicals being used and MSDS for those chemicals.
xxii. All crane operators, construction plant/vehicle operators must have proof of competency and
also be in possession of a medical fitness certificate.
xxiii. A section for all non-compliance that has been reported to client/main contractor safety
coordinator.
xxiv. All appointment letters of health and safety rep, first aider and fire fighter, Person responsible
for SHE inspections, person responsible for fall protection plan, risk assessment, Scaffolding
assemblers and inspector, site supervisor and other appointments as required by the act and
by the risk assessment.
It is also the responsibility of the contractor to ensure that all workers used on this site are competent to do the work
they are required
Date: _____________________________
ACCEPTANCE
and regulations.
i. SHE Induction
ii. Use of PPE, plant and fall protection harnass
iii. toolbox talk trainer
appoint you ___________________ as Assistant to the CEO responsible for Occupational Health
and Safety.
1. Responsible and accountable for occupational health and safety at this company.
2. Familiarise yourself with the various aspects of the Occupational Health and Safety Act, relevant
Regulations.
3. Comply with all statutory requirements at all times.
4. Ensure that, in the event of any accident or incident, appropriate steps are taken according to the
Act.
5. Attend appropriate training to ensure satisfactory execution of duties and responsibilities.
Signature:
For BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD
Designation:
Date:
ACCEPTANCE
Signed: Date:
Signature:
For BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD
Designation:
Date:
ACCEPTANCE
Signed: Date:
1. Assist the construction supervisor or in the event of the supervisor not being available,
take responsibility in keeping the construction site free of accidents/incidents
2. Keep up to date with the relevant Health and safety data
3. Ensure ongoing compliance with the Act
4. Report deviations in accordance with to the Act to main contractor
5. Ensure that the SHE committee complies with all aspects of the SHE program
6. Have regular meetings with the Health and Safety committee at prescribed times and
venues.
7. Take disciplinary action against any person or contractor who are In non compliance
with the site safety program
8. Stop any work that poses a threat to the health and safety of persons, public or
property with immediate effect.
9. Report any deviations from the SHE program/r reportable incidents/accidents to
management
Signature: __________________________
For BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD
Designation: ________________________
Date: ______________________________
ACCEPTANCE
I, _________________________ for BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD appoint
you _______________________________ as first aider and fire equipment inspector responsible for
Signature:
For BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD
Designation:
Date:
ACCEPTANCE
Signed: Date:
I, _________________________ for BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD appoint
Signature:
For BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD
Designation:
Date:
ACCEPTANCE
Signed: Date:
Signature:
For BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD
Designation:
Date:
ACCEPTANCE
relevant Act and regulations and the associated duties and responsibilities.
Signed: Date:
Signature:
For BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD
Designation:
Date:
ACCEPTANCE
Signed: Date:
Signature:
For BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD
Designation:
Date:
ACCEPTANCE
appoint you ______________________________ as person responsible for the Fall protection plan
Signature:
For BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD
Designation:
Date:
ACCEPTANCE
Signed: Date:
1. Ensure that all scaffolding and form and support-work complies with the
Occupational Health & Safety Act 85 of 1993 and the Construction Regulations 2003 and SABS
085 - Access Scaffolding, and;
2. Will ensure that all formwork and support work structures are adequately designed,
erected, supported, braced and maintained so that they will be capable of supporting all anticipated
vertical and lateral loads that may be applied to them and also that no loads are imposed onto the structure
that the structure is not designed to withstand.
3. Ensure that all drawings pertaining to the design of formwork or support work
structures are kept on the site and are available on request by an inspector, contractor, client, client's
agent or employee;
4. Ensure that all equipment used in the formwork or support work structure are
carefully examined and checked for suitability by a competent person, before being used.
5. Ensure that all formwork and support work structures are inspected by a competent
person immediately before, during and after the placement of concrete or any other imposed load and
thereafter on a daily basis until the formwork and support work structure has been removed and the results
have been recorded in a register and made available on site;
6. Ensure that as far as is reasonably practicable, the health of any person is not
affected through the use of solvents or oils or any other similar substances.
Signature:
For BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD
Designation:
Date:
ACCEPTANCE
Signed: Date:
Erect scaffolding in compliance with the Occupational Health & Safety Act 85 of 1993 and the
Construction Regulations 2003 and SABS 085 - Access Scaffolding, and;
Signature:
For BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD
Designation:
Date:
ACCEPTANCE
Signed: Date:
I, _________________________ for BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD appoint
Signature:
BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD
Designation:
Date:
ACCEPTANCE
I, _________________________ for BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD appoint
work site.
Signature:
For BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD
Designation:
Date:
ACCEPTANCE
I, _________________________ for BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD appoint
Signature:
For BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD
Designation:
Date:
ACCEPTANCE
I, _________________________ for BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD appoint
you _____________________ as site SHE Induction, toolbox talk, Power tool/ tool/
1. Ensure that all persons entering the site for work complete the SHE induction training before
commencement of any work
2. Do toolbox/safety talks on a weekly basis or when conditions arise which requires special training
to be done
3. Power tool/tool/PPE/harnass/ladder Ensure that all equipment is maintained in a good working
order
4. Keep up to date with the relevant Health and safety data
Signature:
For BASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD
Designation:
Date:
ACCEPTANCE
a. INSPECTIONS
1. PURPOSE
2. SCOPE
All areas
3. DEFENITION
Health and Safety inspections should be a structured method of checking equipment, tools,
PPE, areas, vehicles and work procedures on a regular basis i.e. daily, weekly, monthly, to
ensure safety in the workplace.
A monthly inspection must be performed the Health and Safety Representatives, Managers or
Supervisors of their own area of responsibility and in accordance with the safety and
housekeeping audit checklists.
Records must be kept of the inspections and feedback given at Health and Safety Committee
meetings.
Results can be used for competitions purposes, with rewards to the departments with the highest
scores.
4. Method
A job hazard analysis is an exercise in detective work. Your goal is to discover the following:
Rarely is a hazard a simple case of one singular cause resulting in one singular effect. More
frequently, many contributing factors tend to line up in a certain way to create the hazard.
5. RECORDS
Copies of all inspection lists must be kept in the health and safety file.
6. RESPONSIBILITY/AUTHORITY
b. Risk assessments
Risk
Risk means the probability that a hazard can result in injury or damage.
The word risk deals with the aspect of probability or likelihood for danger to exist and risk
must always be the indicator for the action to be taken.
The purpose of risk assessment is to identify all hazards or potential hazards in the
workplace and evaluate the risk of injury or damage as a result of these hazards.
Risk assessment
The best way to ensure success is to develop an in-house risk assessment protocol for the
company.
Hazards
These can be described as conditions in the work place that by their nature are liable to lead to an
accident. Examples are:
Hazardous conditions do not always cause an accident but if left unattended the
potential is there for an accident
The problem with hazardous conditions is that they are continually being created. The battle
against hazardous conditions is on-going and can be extremely frustrating, but it is
management's duty to maintain a safe work environment. To eliminate hazardous conditions,
management must create a positive attitude amongst the workforce towards safety procedures. A
system of periodic inspections can be implemented to control and eliminate unsafe acts and
conditions.
A critical job observation is a technique that focuses on job tasks as a way to identify hazards
before they occur. It focuses on the relationship between the worker, the task, the tools, and the
work environment. Ideally, after you identify uncontrolled hazards, you will take steps to eliminate
or reduce them to an acceptable risk level.
Many workers are injured and killed at the workplace every day. Safety and health can add value
to your business, your job, and your life. You can help prevent workplace injuries and illnesses
by looking at your workplace operations, establishing proper job procedures, and ensuring that
all employees are trained properly. One of the best ways to determine and establish proper work
procedures is to conduct a critical job observation. A critical job observation is one component of
the larger commitment of a safety and health management system.
Supervisors can use the findings of a critical job observation to eliminate and prevent hazards in
their workplaces. This is likely to result in fewer worker injuries and illnesses; safer, more
effective work methods; reduced workers' compensation costs; and increased worker
productivity. The analysis also can be a valuable tool for training new employees in the steps
required to perform their jobs safely. For a critical job observation to be effective, management
must demonstrate its commitment to safety and health and follow through to correct any
uncontrolled hazards identified. Otherwise, management will lose credibility and employees may
hesitate to go to management when dangerous conditions threaten them.
A critical job observation can be conducted on many jobs in your workplace. Priority should go to
the following types of jobs:
d. Safety talks
Safety talks are a very important part of training, as it ensures that employees are continuously made
aware of workplace hazards. Safety talks should also include information about general safety away from
work, i.e. fire risks, chemical safety, security, etc.
be held regularly (this will depend on the type of work done by the company)
on topics that are relevant and pertains to the specific working environment
encourage participation
e. H & S meetings
Regular, well planned, health and safety meetings attended by motivated and well-
prepared members will ensure the effectiveness of the health and safety program.
Meetings must be well controlled and focused on the topic at hand and should never become
a waist of time. The chairman must control the meeting and see to it that only topics pertaining
to health and safety is discussed and that the meetings are not dragged out unnecessary.
THE MEETING
It is the chairman's responsibility to ensure that the objectives of the health and safety
meeting are achieved and it is therefore important that he is well prepared for the meetings.
The success will depend on the participation of all the members and the chairman must
promote participation by all.
Meetings must where practicable be attended by all Health and Safety Representatives.
Meetings must be held when the need arises but at least quarterly, Engineering,
Manufacturing and Service Departments monthly and Administrative departments every three
months or if requested by workers as per section 19 of the act.
Each health and safety committee must have an appointed chairman who
will convene and lead these meetings.
The Chairman of the committee will be responsible for the following:
Minutes of meetings must also be distributed to senior management and placed on the Health
and Safety notice boards.
The Health and Safety representatives of the various departments must discus the result and
findings of the meetings with all workers.
The Monthly Safety Inspection Reports must be discussed at these meetings and should
include the following:
Once the findings or non-conformances have been rectified or completed the minutes must
be updated to the effect and forwarded to management.
Enforcement of the act take place through identifying persons or companies who are in non
compliance with the act and the safety rules through daily, monthly and other inspections
performed by the appointed inspectors.
If a person is found in non conformance, they are stopped from working and in the presence of
their supervisor are questioned about their non conformance to establish why they are acting
unsafe.
Thereafter the correct procedures are explained and they are given the opportunity to ask
questions to ensure that they understand what is required of them.
If the problem is resolved in this way, the worker/ contractor are allowed to return to work and
they will be observed to ensure that they understand and are working safe.
If the non compliance carries on from a person or more of a contractor workers have the same
problem or the act is of high risk, a non compliance notice is issued to the company.
All non compliances are discussed at the monthly site contractors meeting.
In all emergency situations it is important to follow instructions given to you by your block team leader or a
person placed in charge
REMAIN CALM - DO NOT PANIC
FIRE
If you discover a fire you must immediately:
Make alarm and notify your team leader, who must notify your Site supervisor and submit
following information:
Location of Fire
With the aid of a second person attack the fire with a fire extinguisher or hose reel
Attempt to extinguish the fire until the arrival of the Fire Team Do not place yourself in
danger If the fire cannot be controlled, close doors and get out
Move to the emergency assembly point and stay there for further instructions from the
emergency controller.
EXPLOSIONS
Make alarm and take cover by falling face down on the floor.
Emerge only from this cover when instructed to, or after the situation has stabilized.
Unless it is necessary to save a live, DO NOT TOUCH OR REMOVE any objects as devices
might still be explosive or you may destroy valuable clues.
Move to the emergency assembly point and stay there for further instructions from the
emergency controller.
Site evacuation plan with marked emergency assembly point is placed at a conspicuous
place, close to the fire equipment and first aid boxes and copy is kept in safety file.
After scope of work and building plans were examined and from experience in the building
industry, the following training requirements were established.
1. Induction training
a. What every worker must know about the requirements of the occupational health
and safety act and construction regulations
b. Emergency procedures
c. Fire prevention
d. Use of PPE and action taken for non compliance
e. Store man training on use and maintenance of PPE
f. Site safety rules and action for non compliance
g. Safety signs and barricades
2. Site foreman training in legal responsibilities and accountability and management of safety
file
3. Refresher first aid course for first aiders
4. Scaffold training
5. Refresher SHE rep training
This is a provisional list which will have dates allocated as soon as the site has been
established and will be updated as the risks and non conformances show up.
When the site is being established, the site supervisor and the storeman will do a site survey to
establish the best position for the stores to be situated and also where the bulk materials such as
cement, sand, stone, bricks etc; should be placed.
The positions should be chosen where the least chance exists for breakages, theft and injury to
persons or property. Travel routes for delivery vehicles should be taken into consideration and
public traffic safety and interference with normal traffic should take highest priority.
Once these areas have been established, they should be properly demarcated and signs put
up.
Storage areas should be kept clear and housekeeping should be kept updated.
Daily inspections by the site safety officer should cover stores and storage areas with great
emphasis on safety, prevention of losses and ease of delivery by suppliers.
Close all lids (hopper and pellet box) before dry ice blasting.
Attach hoses securely.
Ventilate when blasting in confined spaces.
Never point the nozzle at anyone and always exercise extreme caution when people are in the blast area.
Be careful where you blast.
Use hose whip checks.
Keep hoses and power cord out of forklift traffic.
Check hoses and cables for nicks and gouges.
Never operate the blasting unit without first reading the Operator Manual.
Never expose bare skin to CO2 pellets.
Always wear proper ear and eye protection
Everyone in the blast area must comply with all safety requirements.
Never use the blasting unit for anything except the intended usage.
Never operate a damaged blasting unit.
Untrained personnel should never operate the dry ice blasting unit.
Never operate in a confined space without an approved ventilation system.
Always turn the main power off and remove the applicator control cable before removing the
blast hose.
Never exceed recommended pressure levels.
Always ground the material being cleaned.
Do not kink the blast hose before or during operation.
Open-air dry ice blasting is very noisy. The only way to accurately determine exposure
levels is to use a dosimeter during blasting operations and apply corrections based on the
actual measured sound spectrum of the blast energy.
The standard Cold Jet dry ice blasting system is easily adjusted to deliver good cleaning
performance at sound levels of 90 decibels. If more power is necessary to perform difficult
cleaning, simple external adjustments are all that is required. At these increased power
levels, the noise level may be in the 100-110 decibel range. As the sound energy goes
down, the level of cleaning aggressiveness decreases. A major benefit of Cold Jet over
competitors is the patented single-hose feeder design. This allows the dry ice blasting
system to retain more aggression than the two hose systems at lower air pressures. Because of this greater aggression, a Cold Jet
unit can clean much faster, thereby further reducing the worker's time of exposure.
The Cold Jet system will add to the sound level in your facility. However, with an understanding of the applicable OSHA and NIOSH
regulations, the Cold Jet system can be used safely with proper monitoring and hearing protection.
Hearing protection is required in the proximity of open-air dry ice blasting operations.
Any barrier (i.e., welding curtains) between the blasting and other works can greatly reduce the sound exposure levels.
Actual worker exposure levels can only be obtained by carefully measured dosimeter data.
The single hose Cold Jet system is more powerful at a given sound level than a two-hose system.
Minimizing worker exposure time is important. Sometimes a louder but more aggressive system will
actually reduce worker exposure by cleaning faster.
By using ear plugs and earmuffs, an operator can blast for 4 hours at a sound level of 125 dBA. The
same operator can blast for 8 hours at a sound level of 117 dBA.
b) Carefully examine the accident scene for accident victims, ensure that
you find all accident victims.
Details:
First aid
Details of injuries:
1)
2)
3)
4)
Contact emergency services if injuries justifies Local number
Give the following details: Who are you, where are you phoning from, Adress,
Number ofinjured, Details of injuries
Take down details
Names and details of injured
Name: Employer: Company tel nr:
Type of work: Injuries:
Where there any unsafe conditions, i.e. defective tools or weather conditions.
SECTION 11
TOXICOLOGICAL INFORMATION
Toxicity Data Skin irritation mild / Eye irritation severe
Health Effects. Inhalation - not relevant due to low vapour pressure
Skin Contact. Degreasing. Prolonged or frequent contact may cause transient redness and skin cracking.
Eye Contact Irritating.
Ingestion Low acute toxicity.
SECTION 12
ECOLOGICAL INFORMATION
Harmless to the environment. Independent Laboratory test ISO 17025 confirms this information
SECTION 13
DISPOSAL CONSIDERATIONS
According to local regulations.
SECTION 14
TRANSPORT INFORMATION
SECTION 15:
REGULATORY INFORMATION
Section C
2. Construction regulation
ACT
To provide for the health and safety of persons at work and for the health and safety of
persons in connection with the use of plant and machinery; the protection of persons other
than persons at work against hazards to health and safety arising out of or in connection
with the activities of persons at work; to establish an advisory council for occupational health
and safety; and to provide for matters connected therewith.
_________________
(English Text Signed By The State President)
(Assented To 23 June, 1993)
__________________
BE IT ENACTED by the State President and the Parliament of the Republic of South Africa,
as follows:-
ARRANGEMENT OF SECTIONS
1. Definitions
2. Constitution of Council
3. Period of office and remuneration of members of Council
4. Establishment of technical committees of Council
5. Health and safety policy
6. General duties of employers to their employees
7. General duties of employers and self-employed persons to persons other than their employees
8. General duties of manufacturers and others regarding articles and substances for use at work
9. Listed work
10. General duties of employers regarding listed work
11. Duty to inform Without derogating from any specific duty imposed on an employer by this Act, every employer shall-
13. Duty not to interfere with, damage or misuse things No person shall intentionally or recklessly interfere with,
damage or misuse anything which is provided in the interest of health or safety. [S. 15 substituted by s. 3 of Act No.
181 of 1993.]
21. Certain deductions prohibited No employer shall in respect of anything which he is in terms of this Act required to
provide or to do in the interest of the health or safety of an employee, make any deduction from any employee's
remuneration or require or permit any employee to make any payment to him or any other person. [S. 23 substituted
by s. 6 of Act No. 181 of 1993.]
44. Jurisdiction of magistrates' courts Notwithstanding anything to the contrary contained in any law-
46. Conflict of provisions In so far as any provision of the Explosives Act, 1956 (Act No. 26 of 1956), is repugnant to a
provision of this Act the provisions of this Act shall apply.
47. Repeal of laws The Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), the Machinery and
Occupational Safety Amendment Act, 1989 (Act No. 40 of 1989), and the Machinery and Occupational Safety
Amendment Act, 1991 (Act No. 97 of 1991), are hereby repealed.
"building" includes-
(b) any building or such structure or part thereof which is in the process of
being erected; or
"chief executive officer", in relation to a body corporate or an enterprise conducted by the State, means
the person who is responsible for the overall management and control of the business of such body
corporate or enterprise;
"chief inspector" means the officer designated under section 27 as chief inspector, and includes any officer
acting as chief inspector;
"Council" means the Advisory Council for Occupational Health and Safety established by section 2;
"danger" means anything which may cause injury or damage to persons or property;
"employee" means, subject to the provisions of subsection (2), any person who is employed by or works
for an employer and who receives or is entitled to receive any remuneration or who works under the
direction or supervision of an employer or any other person;
"employer" means, subject to the provisions of subsection (2), any person who employs or provides work
for any person and remunerates that person or expressly or tacitly undertakes to remunerate him, but
excludes a labour broker as defined in section I (1) of the Labour Relations Act, 1956 (Act No. 28 of 1956);
"explosives" means any substance or article as listed in Class 1: Explosives in the South African Bureau of
Standards Code of Practice for the Identification and Classification of Dangerous Substances and Goods,
SABS 0228;
"health and safety committee" means a committee established under section 19;
"health and safety equipment" means any article or part thereof which is manufactured, provided or
installed in the interest of the health or safety of any person;
"health and safety representative" means a person designated in terms of section 17 (1);
"industrial court" means the industrial court referred to in section 17 of the Labour Relations Act, 1956
(Act No. 28 of 1956);
"inspection authority" means any person who with the aid of specialized knowledge or equipment or after
such investigations, tests, sampling or analyses as he may consider necessary, and whether for reward or
otherwise, renders a service by making special findings, purporting to be objective findings, as to-
(b) the safety or risk to health of any work, article, substance, plant or
machinery, or of any condition prevalent on or in any premises; or
(c) the question of whether any particular standard has been or is being
complied with, with respect to any work, article, substance, plant or
machinery, or with respect to work or a condition prevalent on or in any
premises, or with respect to any other matter, and by issuing a
certificate, stating such findings, to the person to whom the service is
rendered;
"listed work" means any work declared to be listed work under section II;
(c) any other institution or body or the holder of any office declared by the
Minister by notice in the Gazette to be a local authority for the purposes
of this Act;
"machinery" means any article or combination of articles assembled, arranged or connected and which is
used or intended to be used for converting any form of energy to performing work, or which is used or
intended to be used, whether incidental thereto or not, for developing, receiving, storing, containing,
confining, transforming, transmitting, transferring or controlling any form of energy;
(a) where more than the prescribed quantity of any substance is or may be
kept, whether permanently or temporarily; or
"mandatary" includes an agent, a contractor or a subcontractor for work, but without derogating from his
status in his own right as an employer or a user;
"medical surveillance" means a planned programme or periodic examination (which may include clinical
examinations, biological monitoring or medical tests) of employees by an occupational health practitioner or,
in prescribed cases, by an occupational medicine practitioner;
"occupational health" includes occupational hygiene, occupational medicine and biological monitoring;
"occupational health practitioner" means an occupational medicine practitioner or a person who holds a
qualification in occupational health recognized as such by the South African Medical and Dental Council as
referred to in the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of
1974), or the South African Nursing Council as referred to in the Nursing Act, 1978 (Act No. 50 of 1978);
"occupational hygiene" means the anticipation, recognition, evaluation and control of conditions arising in
or from the workplace, which may cause illness or adverse health effects to persons;
"occupational medicine" means the prevention, diagnosis and treatment of illness, injury and adverse
health effects associated with a particular type of work;
"occupational medicine practitioner" means a medical practitioner as defined in the Medical, Dental and
Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), who holds a qualification in
occupational medicine or an equivalent qualification which qualification or equivalent is recognized as such
by the South African Medical and Dental Council referred to in the said Act;
"office" means an office as defined in section 1 (1) of the Basic Conditions of Employment Act, 1983 (Act
No. 3 of 1983);
"officer" means an officer or employee as defined in section 1 (1) of the Public Service Act, 1984 (Act No.
111 of 1984);
"organism" means any biological entity which is capable of causing illness to persons;
"plant" includes fixtures, fittings, implements, equipment, tools and appliances, and anything which is used
for any purpose in connection with such plant;
"premises" includes any building, vehicle, vessel, train or aircraft; "prescribed" means prescribed by
regulation;
"properly used" means used with reasonable care, and with due regard to any information, instruction or
advice supplied by the designer, manufacturer, importer, seller or supplier;
(d) the cost of removing or mitigating that hazard or risk in relation to the
benefits deriving therefrom;
"remuneration" means any payment in money or in kind or both in money and in kind, made or owing to
any person in pursuance of such person's employment;
(a) offer or display for sale or import into the Republic for sale; or
"shop" means a shop as defined in section I (1) of the Basic Conditions of Employment Act, 1983 (Act No. 3
of 1983);
"substance" includes any solid, liquid, vapour, gas or aerosol, or combination thereof;
"trade union" means a trade union as defined in section 1 of the Labour Relations Act, 1956 (Act No. 28 of
1956);
"user", in relation to plant or machinery, means the person who uses plant or machinery for his own benefit
or who has the right of control over the use of plant or machinery, but does not include a lessor of, or any
person employed in connection with, that plant or machinery;
"work" means work as an employee or as a self-employed person, and for such purpose an employee is
deemed to be at work during the time that he is in the course of his employment, and a self-employed
person is deemed to be at work during such time as he devotes to work as a self-employed person;
"workplace" means any premises or place where a person performs work in the course of his employment.
(2) The Minister may by notice in the Gazette declare that a person belonging to a
category of persons specified in the notice shall for the purposes of this Act or any
provision thereof be deemed to be an employee, and thereupon any person
vested and charged with the control and supervision of the said person shall for
the said purposes be deemed to be the employer of such person.
(a) a mine, a mining area or any works as defined in the Minerals Act, 1991
(Act No. 50 of 1991), except in so far as that Act provides otherwise;
(b) any load line ship (including a ship holding a load line exemption
certificate), fishing boat, sealing boat and whaling boat as defined in
section 2 (1) of the Merchant Shipping Act, 1951 (Act No. 57 of 1951),
or any floating crane, whether or not such ship, boat or crane is in or
out of the water within any harbour in the Republic or within the
territorial waters thereof, (Date of commencement of para. (b) to be
proclaimed.) or in respect of any person present on or in any such
mine, mining area, works, ship, boat or crane.
There is hereby established an Advisory Council for Occupational Health and Safety.
3. Functions of Council
(a) with a view to the performance of its functions, do such research and
conduct such investigations as it may deem necessary;
(b) make rules relating to the calling of meetings of the Council, the
determining of a quorum for and the procedure at such meetings, and
generally relating to all matters which may be necessary for the
effective performance of the functions of the Council or, subject to
section 6, of a technical committee;
(3) The Council may for the purposes of the performance of any of its functions, with
the approval of the Minister, and with the concurrence of the Minister of State
Expenditure, enter into an agreement for the performance of a particular act or
particular work or for the rendering of a particular service, on such conditions and
at such remuneration as may be agreed upon, with anybody who in the opinion of
the Council is fit to perform such act or work or to render such service.
(4) Subject to the laws governing the Public Service, the Minister shall provide the
Council with such personnel as he may deem necessary for the effective
performance of the functions of the Council, and such persons shall perform their
4. Constitution of Council
(d) one person nominated by the Minister for National Health and Welfare;
(e) one person nominated by the Minister of Mineral and Energy Affairs; six
persons to represent the interests of employers from a list of the names
of persons nominated by employers' organizations or federations of
employers' organizations;
(g) six persons to represent the interests of employees from a list of the
names of persons nominated by trade unions or federations of trade
unions; [Para. (g) substituted by s. 2 of Act No. 181 of 1993.]
(h) one person who in the opinion of the Minister has knowledge of
occupational safety matters;
(i) one person who in the opinion of the Minister has knowledge of
occupational medicine and who was recommended by the Minister for
National Health and Welfare;
(j) one person who in the opinion of the Minister has knowledge of
occupational hygiene.
(2) The members referred to in subsection (1) (b) up to and including (j) shall be
appointed by the Minister.
(1) The members of the Council referred to in section 4 (2) shall be appointed for a
period of three years, and on such conditions as the Minister may determine with
the concurrence of the Minister of State Expenditure.
(2) Any person whose period of office as a member of the Council has expired shall
be eligible for reappointment.
(3) A member referred to in section 4 (1) (f), (g), (h), (i) or (j) who is not an officer may
be paid from money appropriated for such purpose by Parliament such allowances
as the Minister may determine with the concurrence of the Minister of State
(1) The Council may with the approval of the Minister establish one or more technical
committees to advise the Council on any matter regarding the performance by the
Council of its functions.
(3) A meeting of a technical committee shall be held at such time and place as may
be determined by the chairman of the Council, and in accordance with rules
approved by the Council.
(4) A member of a technical committee who is not an officer may be paid from money
appropriated for such purpose by Parliament such allowances as the Minister may
determine with the concurrence of the Minister of State Expenditure.
(2) Any direction under subsection (1) shall be accompanied by guidelines concerning
the contents of the policy concerned.
(1) Every employer shall provide and maintain, as far as is reasonably practicable, a
working environment that is safe and without risk to the health of his employees.
(2) Without derogating from the generality of an employer's duties under subsection
(1), the matters to which those duties refer include in particular-
(a) the provision and maintenance of systems of work, plant and machinery
that, as far as is reasonably practicable, are safe and without risks to
health;
(g) taking all necessary measures to ensure that tire requirements of this
Act are complied with by every person in his employment or on
premises under his control where plant or machinery is used;
(i) ensuring that work is performed and that plant or machinery is used
under the general supervision of a person trained to understand the
hazards associated with it and who have the authority to ensure that
precautionary measures taken by the employer are implemented; and
(1) Every employer shall conduct his undertaking in such a manner as to ensure, as
far as is reasonably practicable, that persons other than those in his employment
who may be directly affected by his activities are not thereby exposed to hazards
(2) Every self-employed person shall conduct his undertaking in such a manner as to
ensure, as far as is reasonably practicable, that he and other persons who may be
directly affected by his activities are not thereby exposed to hazards to their health
or safety.
10. General duties of manufacturers and others regarding articles and substances for
use at work
(1) Any person who designs, manufactures, imports, sells or supplies any article for
use at work shall ensure, as far as is reasonably practicable, that the article is safe
and without risks to health when properly used and that it complies with all
prescribed requirements.
(2) Any person who erects or installs any article for use at work on or in any premises
shall ensure, as far as is reasonably practicable, that nothing about the manner in
which it is erected or installed makes it unsafe or creates a risk to health when
properly used.
(3) Any person who manufactures, imports, sells or supplies any substance for use at
work shall-
(1) The Minister may, subject to the provisions of subsections (2) and (3), by notice in
the Gazette declare any work, under the conditions or circumstances specified in
the notice, to be listed work.
(2) (a) Before the Minister declares any work to be listed work, he shall cause to be
published in the Gazette a draft of his proposed notice and at the same time invite
interested persons to submit to him in writing within a specified period, comments
(b) A period of not less than three months shall elapse between the publication of
the draft notice and the notice under subsection (1).
(4) A notice under subsection (1) may at any time be amended or withdrawn by like
notice.
(a) identify the hazards and evaluate the risks associated with such work
constituting a hazard to the health of such employees, and the steps
that need to be taken to comply with the provisions of this Act;
(c) having regard to the nature of the risks associated with such work and
the level of exposure of such employees to the hazards, carry out an
occupational hygiene programme and biological monitoring, and subject
such employees to medical surveillance.
(2) Every employer contemplated in subsection (1) shall keep the health and safety
representatives designated for their workplaces or sections of the workplaces,
informed of the actions taken under subsection (1) in their respective workplaces
or sections thereof and of the results of such actions: Provided that individual
results of biological monitoring and medical surveillance relating to the work of the
employee, shall only with the written consent of such employee be made available
to any person other than an inspector, the employer or the employee concerned.
Without derogating from any specific duty imposed on an employer by this Act, every
employer shall-
(a) take reasonable care for the health and safety of himself and of other
persons who may be affected by his acts or omissions;
(c) carry out any lawful order given to him, and obey the health and safety
rules and procedures laid down by his employer or by anyone
authorized thereto by his employer, in the interest of health or safety;
(e) if he is involved in any incident which may affect his health or which has
caused an injury to himself, report such incident to his employer or to
anyone authorized thereto by the employer, or to his health and safety
representative, as soon as practicable but not later than the end of the
particular shift during which the incident occurred, unless the
circumstances were such that the reporting of the incident was not
possible, in which case he shall report the incident as soon as
practicable thereafter.
(1) Every chief executive officer shall as far as is reasonably practicable ensure that
the duties of his employer as contemplated in this Act, are properly discharged.
(2) Without derogating from his responsibility or liability in terms of subsection (1), a
chief executive officer may assign any duty contemplated in the said subsection, to
any person under his control, which person shall act subject to the control and
directions of the chief executive officer.
(3) The provisions of subsection (1) shall not, subject to the provisions of section 37,
relieve an employer of any responsibility or liability under this Act.
(4) For the purpose of subsection (1), the head of department of any department of
State shall be deemed to be the chief executive officer of that department.
(1) Subject to the provisions of subsection (2), every employer who has more than 20
employees in his employment at any workplace, shall, within four months after the
commencement of this Act or after commencing business, or from such time as
the number of employees exceeds 20, as the case may be, designate in writing for
a specified period health and safety representatives for such workplace, or for
different sections thereof.
(2) An employer and the representatives of his employees recognized by him or,
where there are no such representatives, the employees shall consult in good faith
regarding the arrangements and procedures for the nomination or election, period
of office and subsequent designation of health and safety representatives in terms
of subsection (1): Provided that if such consultation fails, the matter shall be
referred for arbitration to a person mutually agreed upon, whose decision shall be
final: Provided further that if the parties do not agree within 14 days on an
arbitrator, the employer shall give notice to this effect in writing to the President of
the Industrial Court, who shall in consultation with the chief inspector designate an
arbitrator, whose decision shall be final. [Sub-s. (2) substituted by s. 4 of Act No.
181 of 1993.]
(3) Arbitration in terms of subsection (2) shall not be subject to the provisions of the
Arbitration Act, 1965 (Act No. 42 of 1965), and a failure of the consultation
contemplated in that subsection shall not be deemed to be a dispute in terms of
the Labour Relations Act, 1956 (Act No. 28 of 1956): Provided that the Minister
may prescribe the manner of arbitration and the remuneration of the arbitrator
designated by the President of the Industrial Court. [Sub-s. (3) substituted by s. 4
of Act No. 181 of 1993.]
(4) Only those employees employed in a full-time capacity at a specific workplace and
who are acquainted with conditions and activities at that workplace or section
thereof, as the case may be, shall be eligible for designation as health and safety
(5) The number of health and safety representatives for a workplace or section
thereof shall in the case of shops and offices be at least one health and safety
representative for every 100 employees or part thereof, and in the case of all other
workplaces at least one health and safety representative for every 50 employees
or part thereof: Provided that those employees performing work at a workplace
other than that where they ordinarily report for duty, shall be deemed to be working
at the workplace where they so report for duty.
(6) If an inspector is of the opinion that the number of health and safety
representatives for any workplace or section thereof, including a workplace or
section with 20 or fewer employees, is inadequate, he may by notice in writing
direct the employer to designate such number of employees as the inspector may
determine as health and safety representatives for that workplace or section
thereof in accordance with the arrangements and procedures referred to in
subsection (2).
(7) All activities in connection with the designation, functions and training of health
and safety representatives shall be performed during ordinary working hours, and
any time reasonably spent by any employee in this regard shall for all purposes be
deemed to be time spent by him in the carrying out of his duties as an employee.
(1) A health and safety representative may perform the following functions in respect
of the workplace or section of the workplace for which he has been designated,
namely-
(2) A health and safety representative shall, in respect of the workplace or section of
the workplace for which he has been designated be entitled to-
(a) visit the site of an incident at all reasonable times and attend any
inspection in loco;
(b) attend any investigation or formal inquiry held in terms of this Act;
(e) with the approval of the employer (which approval shall not be
unreasonably withheld), be accompanied by a technical adviser, on any
inspection; and
(f) participate in any internal health or safety audit. [Sub-s. (2) substituted
by s. 5 of Act No. 181 of 1993.]
(3) An employer shall provide such facilities, assistance and training as a health and
safety representative may reasonably require and as have been agreed upon for
the carrying out of his functions.
(4) A health and safety representative shall not incur any civil liability by reason of the
fact only that he failed to do anything which he may do or is required to do in terms
of this Act.
(1) An employer shall in respect of each workplace where two or more health and
safety representatives have been designated, establish one or more health and
safety committees and, at every meeting of such a committee as contemplated in
subsection (4), consult with the committee with a view to initiating, developing,
promoting, maintaining and reviewing measures to ensure the health and safety of
his employees at work.
(a) if one health and safety committee has been established in respect of a
workplace, all the health and safety representatives for that workplace
shall be members of the committee;
(b) if two or more health and safety committees have been established in
respect of a workplace, each health and safety representative for that
workplace shall be a member of at least one of those committees; and
(3) The persons nominated by an employer on a health and safety committee shall be
designated in writing by the employer for such period as may be determined by
him, while the health and safety representatives shall be members of the
committee for the period of their designation in terms of section 17 (1).
(4) A health and safety committee shall hold meetings as often as may be necessary,
but at least once every three months, at a time and place determined by the
committee: Provided that an inspector may by notice in writing direct the members
of a health and safety committee to hold a meeting at a time and place determined
by him: Provided further that, if more than 10 per cent of the employees at a
specific workplace has handed a written request to an inspector, the inspector may
by written notice direct that such a meeting be held.
(5) The procedure at meetings of a health and safety committee shall be determined
by the committee.
(6) (a) A health and safety committee may co-opt one or more persons by reason of
his or their particular knowledge of health or safety matters as an advisory
member or as advisory members of the committee.
(b) An advisory member shall not be entitled to vote on any matter before the
committee.
(7) If an inspector is of the opinion that the number of health and safety committees
established for any particular workplace is inadequate, he may in writing direct the
employer to establish for such workplace such number of health and safety
committees as the inspector may determine.
(b) shall discuss any incident at the workplace or section thereof in which
or in consequence of which any person was injured, became ill or died,
and may in writing report on the incident to an inspector; and
(2) A health and safety committee shall keep record of each recommendation made to
an employer in terms of subsection (1) (a) and of any report made to an inspector
in terms of subsection (1) (b).
(3) A health and safety committee or a member thereof shall not incur any civil liability
by reason of the fact only that it or he failed to do anything which it or he may or is
required to do in terms of this Act.
(4) An employer shall take the prescribed steps to ensure that a health and safety
committee complies with the provisions of section 19 (4) and performs the duties
assigned to it by subsections (1) and (2).
(b) that no employer shall require or permit any employee to perform any
work in connection with the carrying out of a process specified in the
notice which in the opinion of the Minister is a process which threatens
or is likely to threaten the health or safety of an employee, or that no
employer shall require or permit an employee to perform any work in
connection with the carrying out of such a process otherwise than on
the conditions specified in the notice; and
(c) that no employer shall require or permit any employee, otherwise than
on the conditions specified in the notice, to perform any work on or in
any premises where an article or substance specified in the notice is
produced, processed, used, handled, stored or transported which in the
opinion of the Minister is an article or substance which threatens or is
likely to threaten the health or safety of an employee.
(2) (a) The Minister shall, before he publishes a notice under subsection (1), cause a
draft of his proposed notice to be published in the Gazette and at the same time
invite interested persons to submit to him in writing, within a specified period,
(b) The provisions of paragraph (a) shall not apply if the Minister, in pursuance of
comments and representations received, decides to publish the notice referred to
in subsection (1) in an amended form.
(3) A notice under subsection (1) may at any time be amended or withdrawn by like
notice.
(4) A notice shall not be issued under subsection (1) or (3) unless the Minister for
National Health and Welfare and the Council have been consulted.
(5) A notice issued or deemed to have been issued under section 13 of the Machinery
and Occupational Safety Act, 1983 (Act No. 6 of 1983), and which was in force
immediately prior to the commencement of this Act, shall be deemed to have been
issued under this section.
Subject to the provisions of section 10 (4), if any requirement (including any health and
safety standard) in respect of any article, substance, plant, machinery or health and
safety equipment or for the use or application thereof has been prescribed, no person
shall sell or market in any manner whatsoever such article, substance, plant, machinery
or health and safety equipment unless it complies with that requirement.
(1) Each incident occurring at work or arising out of or in connection with the activities
of persons at work, or in connection with the use of plant or machinery, in which, or
in consequence of which-
(a) any person dies, becomes unconscious, suffers the loss of a limb or
part of a limb or is otherwise injured or becomes ill to such a degree
that he is likely either to die or to suffer a permanent physical defect or
likely to be unable for a period of at least 14 days either to work or to
continue with the activity for which he was employed or is usually
employed;
(c) the health or safety of any person was endangered and where-
(iv) machinery ran out of control, shall, within the prescribed period
and in the prescribed manner, be reported to an inspector by the
employer or the user of the plant or machinery concerned, as the
case may be.
(2) In the event of an incident in which a person died, or was injured to such an extent
that he is likely to die, or suffered the loss of a limb or part of a limb, no person
shall without the consent of an inspector disturb the site at which the incident
occurred or remove any article or substance involved in the incident therefrom:
Provided that such action may be taken as is necessary to prevent a further
incident, to remove the injured or dead, or to rescue persons from danger.
(3) The provisions of subsections (1) and (2) shall not apply in respect of-
(4) A member of the South African Police to whom an incident was reported in terms
of subsection (3) (b), shall forthwith notify an inspector thereof.
Any medical practitioner who examines or treats a person for a disease described in the
Second Schedule to the Workmen's Compensation Act, 1941 (Act No. 30 of 1941), or
any other disease which he believes arose out of that person's employment, shall within
the prescribed period and in the prescribed manner report the case to the person's
employer and to the chief inspector, and inform that person accordingly. [S. 25
substituted by s. 7 of Act No. 181 of 1993.]
(1) No employer shall dismiss an employee, or reduce the rate of his remuneration, or
alter the terms or conditions of his employment to terms or conditions less
favourable to him, or alter his position relative to other employees employed by
that employer to his disadBASILEIA FIRE & SAFETY SOLUTIONS (PTY) LTD, by
reason of the fact, or because he suspects or believes, whether or not the
suspicion or belief is justified or correct, that that employee has given information
to the Minister or to any other person charged with the administration of a
(2) No employer shall unfairly dismiss an employee, or reduce the rate of his
remuneration, or alter the terms or conditions of his employment to terms or
conditions less favourable to him, or alter his position relative to other employees
employed by that employer to his disadBASILEIA FIRE & SAFETY SOLUTIONS
(PTY) LTD, by reason of the information that the employer has obtained regarding
the results contemplated in section 12 (2) or by reason of a report made to the
employer in terms of section 25. [Sub-s. (2) added by s. 8 of Act No. 181 of 1993.]
(1) The Minister shall designate an officer serving in the Department as chief
inspector for the purposes of this Act.
(2) The chief inspector shall perform his functions subject to the control and
supervision of the Director-General of the Department and may perform any
function assigned to an inspector by this Act.
(3) (a) The chief inspector may delegate any power conferred upon him by this Act,
excluding a power referred to in section 35 (1) or delegated to him under section
42, to any other officer or authorize any such officer to perform any duty assigned
to him by this Act.
(b) No delegation of a power under paragraph (a) shall prevent the exercise of
such power by the chief inspector himself.
(4) Whenever the chief inspector is absent or unable to perform his functions as chief
inspector or whenever the designation of a chief inspector is pending, the Minister
may designate any other officer serving in the Department to act as chief inspector
during the chief inspector's absence or incapacity or until a chief inspector is
designated.
(5) Any person who immediately prior to the commencement of this Act was
designated as chief inspector under section 19 of the Machinery and Occupational
Safety Act, 1983 (Act No. 6 of 1983), shall be deemed to have been designated as
chief inspector under subsection (1) of this section.
(1) The Minister may designate any person as an inspector to perform, subject to the
control and directions of the chief inspector, any or all of the functions assigned to
an inspector by this Act.
(3) Whenever an inspector designated under subsection (1) performs a function under
this Act in the presence of any person affected thereby the inspector shall on
demand by such person produce to him the certificate referred to in subsection
(2).
(4) Any officer who immediately prior to the commencement of this Act was
designated as an inspector under section 20 of the Machinery and Occupational
Safety Act, 1983 (Act No. 6 of 1983), shall be deemed to have been designated as
an inspector under subsection (1) of this section.
(a) without previous notice, at all reasonable times, enter any premises
which are occupied or used by an employer or on or in which an
employee performs any work or any plant or machinery is used, or
which he suspects to be such premises;
(b) question any person who is or was on or in such premises, either alone
or in the presence of any other person, on any matter to which this Act
relates;
(c) require from any person who has control over or custody of a book,
record or other document on or in those premises, to produce to him
forthwith, or at such time and place as may be determined by him, such
book, record or other document;
(d) examine any such book, record or other document or make a copy
thereof or an extract therefrom;
(e) require from such a person an explanation of any entry in such book,
record or other document;
(g) seize any such book, record or other document or any such article,
substance, plant or machinery or a part or sample thereof which in his
opinion may serve as evidence at the trial of any person charged with
an offence under this Act or the common law: Provided that the
employer or user of the article, substance, plant or machinery
concerned, as the case may be, may make copies of such book, record
(h) direct any employer, employee or user, including any former employer,
employee or user, to appear before him at such time and place as may
be determined by him and question such employer, employee or user
either alone or in the presence of any other person on any matter to
which this Act relates;
(2) (a) An interpreter, a member of the South African Police or any other assistant
may, when required by an inspector, accompany him when he performs his
functions under this Act.
(b) For the purposes of this Act an inspector's assistant shall, while he acts under
the instructions of an inspector, be deemed to be an inspector.
(3) When an inspector enters any premises under subsection (1) the employer
occupying or using those premises and each employee performing any work
thereon or therein and any user of plant or machinery thereon or therein, shall at
all times provide such facilities as are reasonably required by the inspector to
enable him and his assistant (if any) to perform effectively and safely his or their
functions under this Act.
(4) When an inspector removes or seizes any article, substance, plant, machinery,
book, record or other document as contemplated in subsection (1) (f) or (g), he
shall issue a receipt to the owner or person in control thereof.
(b) Whenever a user of plant or machinery uses or proposes to use any plant or
machinery, in a manner or in circumstances which in the opinion of an
inspector threatens or is likely to threaten the health or safety of any person
who works with such plant or machinery or who is or may come within the
vicinity thereof, the inspector may in writing prohibit that user from continuing or
commencing with the use of such plant or machinery or in that manner or those
circumstances, as the case may be.
(d) A prohibition imposed under paragraph (a), (b) or (c) may at any time be
revoked by an inspector in writing if arrangements to the satisfaction of the
inspector have been made to dispose of the threat which gave rise to the
imposition of the prohibition.
(2) In order to enforce a prohibition imposed under subsection (1) (a) or (b), an
inspector may block, bar, barricade or fence off that part of the workplace, plant or
machinery to which the prohibition applies, and no person shall interfere with or
remove such blocking, bar, barricade or fence.
(3) Whenever an inspector is of the opinion that the health or safety of any person at
a workplace or in the course of his employment or in connection with the use of
plant or machinery is threatened on account of the refusal or failure of an
employer or a user, as the case may be, to take reasonable steps in the interest of
such person's health or safety, the inspector may in writing direct that employer or
user to take such steps as are specified in the direction within a specified period.
(4) Whenever an inspector is of the opinion that an employer or a user has failed to
comply with a provision of a regulation applicable to him, the inspector may in
writing direct that employer or user to take within a period specified in the direction
such steps as in the inspector's opinion are necessary to comply with the said
provision, and are specified in the direction.
(5) A period contemplated in subsection (3) or (4) may at any time be extended by an
inspector by notice in writing to the person concerned.
(6) An employer shall forthwith bring the contents of a prohibition, direction or notice
under this section to the attention of the health and safety representatives and
employees concerned.
31. Investigations
(1) An inspector may investigate the circumstances of any incident which has
occurred at or originated from a workplace or in connection with the use of plant or
machinery which has resulted, or in the opinion of the inspector could have
resulted, in the injury, illness or death of any person in order to determine whether
it is necessary to hold a formal investigation in terms of section 32.
(2) After completing the investigation in terms of subsection (1) the inspector shall
submit a written report thereon, together with all relevant statements, documents
and information gathered by him, to the attorney-general within whose area of
jurisdiction such incident occurred and he shall at the same time submit a copy of
the report, statements and documents to the chief inspector.
(3) Upon receipt of a report referred to in subsection (2), the attorney-general shall
deal therewith in accordance with the provisions of the Inquests Act, 1959 (Act No.
58 of 1959), or the Criminal Procedure Act, 1977 (Act No. 51 of 1977), as the case
(4) An inspector holding an investigation shall not incur any civil liability by virtue of
anything contained in the report referred to in subsection (2).
(1) The chief inspector may, and he shall when so requested by a person producing
prima facie evidence of an offence, direct an inspector to conduct a formal inquiry
into any incident which has occurred at or originated from a workplace or in
connection with the use of plant or machinery which has resulted, or in the opinion
of the chief inspector could have resulted, in the injury, illness or death of any
person.
(2) For the purposes of an inquiry referred to in subsection (1) an inspector may
subpoena any person to appear before him on a day and at a place specified in
the subpoena and to give evidence or to produce any book, document or thing
which in the opinion of the inspector has a bearing on the subject of the inquiry.
(3) Save as is otherwise provided in this section, the law governing criminal trials in
magistrates' courts shall mutatis mutandis apply to obtaining the attendance of
witnesses at an inquiry under this section, the administering of an oath or
affirmation to them, their examination, the payment of witness fees to them and
the production by them of books, documents and things.
(4) Any inquiry under this section shall be held in public: Provided that the presiding
inspector may exclude from the place where the inquiry is held, any person whose
presence is, in his opinion, undesirable or not in the public interest.
(5) (a) The presiding inspector may designate any person to lead evidence and to
examine any witness giving evidence at a formal inquiry.
(b) Any person who has an interest in the issue of the formal inquiry may
personally or by representative, advocate or attorney put such questions to a
witness at the inquiry to such extent as the presiding inspector may allow.
(c) The following persons shall have an interest as referred to in paragraph (b),
namely-
(i) any person who was injured or suffered damage as a result of the
incident forming the subject of the inquiry;
(ii) the employer or user, as the case may be, involved in the incident;
(v) any owner or occupier of any premises where the said incident
occurred;
(vi) any other person who, at the discretion of the presiding inspector,
can prove such interest.
(6) (a)An inquiry may, if it is necessary or expedient, be adjourned at any time by the
presiding inspector.
(b) An inquiry adjourned under paragraph (a) may at any stage be continued by an
inspector other than the inspector before whom the inquiry commenced, and
may after an adjournment again be continued by the inspector before whom
the inquiry commenced.
(7) An affidavit made by any person in connection with the incident in respect of which
the inquiry is held, shall at the discretion of the presiding inspector upon
production be admissible as proof of the facts stated therein, and the presiding
inspector may, at his discretion, subpoena the person who made such an affidavit
to give oral evidence at the inquiry or may submit written interrogatories to him for
reply, and such interrogatories and any reply thereto purporting to be a reply from
such person shall likewise be admissible in evidence at the inquiry: Provided that
the presiding inspector shall afford any person present at the inquiry the
opportunity to refute the facts stated in such document, evidence or reply.
(8) (a) Whenever in the course of any inquiry it appears to the presiding inspector that
the examination of a witness is necessary and that the attendance of such witness
cannot be procured without a measure of delay, expense or inconvenience which
in the circumstances would be unreasonable, the presiding inspector may
dispense with such attendance and may appoint a person to be a commissioner to
take the evidence of such witness, whether within or outside the Republic, in
regard to such matters or facts as the presiding inspector may indicate.
(b) Any person referred to in subsection (5) (b) may in person or through a
representative, advocate or attorney appear before such commissioner in order
to examine the said witness.
(9) At the conclusion of an inquiry under this section, the presiding inspector shall
compile a written report thereon.
(10) The evidence given at any inquiry under this section shall be recorded and a copy
thereof shall be submitted by the presiding inspector together with his report to the
chief inspector, and in the case of an incident in which or as a result of which any
person died or was seriously injured or became ill, the inspector shall submit a
copy of the said evidence and the report to the attorney-general within whose area
of jurisdiction such incident occurred.
(12) Upon receipt of a report referred to in subsection (10), the attorney-general shall
deal therewith in accordance with the provisions of the Inquests Act, 1959 (Act No.
58 of 1959), or the Criminal Procedure Act, 1977 (Act No. 51 of 1977), as the case
may be.
(13) An inspector presiding at any formal inquiry shall not incur any civil liability by
virtue of anything contained in the report compiled in terms of subsection (9).
(1) The provisions of section 32 shall not affect the provisions of any law requiring and
regulating inquests or other inquiries in case of death resulting from other than
natural causes, and in respect of each incident referred to in that section in which
or in consequence of which any person has died there shall be held, in addition to
an inquiry under the said section, such inquest or inquiry as is required by any
such law, but an inquiry under the said section and an inquest held by a judicial
officer under the Inquests Act, 1959 (Act No. 58 of 1959), may be held jointly.
(2) At such a joint inquiry and inquest the judicial officer shall preside and thereupon
the provisions of the Inquests Act, 1959, shall apply, but the inspector and the
judicial officer shall each make the report required of them by section 32 (9) and
that Act, respectively.
(a) without reasonable justification fail to comply with any lawful direction,
subpoena, request or order issued or given by the presiding inspector;
(b) refuse or fail to answer to the best of his knowledge any question
lawfully put to him by or with the concurrence of the presiding inspector:
Provided that no person shall be obliged to answer any question
whereby he may incriminate himself;
(1) Any person aggrieved by any decision taken by an inspector under a provision of
this Act may appeal against such decision to the chief inspector, and the chief
inspector shall, after he has considered the grounds of the appeal and the
inspector's reasons for the decision, confirm, set aside or vary the decision or
substitute for such decision any other decision which the inspector in the chief
inspector's opinion ought to have taken.
(2) Any person who wishes to appeal in terms of subsection (1), shall within 60 days
after the inspector's decision was made known, lodge such an appeal with the
chief inspector in writing, setting out the grounds on which it is made.
(3) Any person aggrieved by a decision taken by the chief inspector under subsection
(1) or in the exercise of any power under this Act, may appeal against such
decision to the industrial court, and the industrial court shall inquire into and
consider the matter forming the subject of the appeal and confirm, set aside or
vary the decision or substitute for such decision any other decision which the chief
inspector in the opinion of the industrial court ought to have taken.
(4) Any person who wishes to appeal in terms of subsection (3), shall within 60 days
after the chief inspector's decision was given, lodge such appeal with the registrar
of the industrial court in accordance with the rules of the industrial court.
(5) An appeal under subsection (1) or (3) in connection with a prohibition imposed
under section 30 (1) (a) or (b) shall not suspend the operation of such prohibition.
No person shall disclose any information concerning the affairs of any other person
obtained by him in carrying out his functions in terms of this Act, except-
(a) to the extent to which it may be necessary for the proper administration
of a provision of this Act;
(a) in doing or omitting to do that act the employee was acting without the
connivance or permission of the employer or any such user;
(b) it was not under any condition or in any circumstance within the scope
of the authority of the employee to do or omit to do an act, whether
lawful or unlawful, of the character of the act or omission charged; and
(c) all reasonable steps were taken by the employer or any such user to
prevent any act or omission of the kind in question, the employer or any
such user himself shall be presumed to have done or omitted to do that
act, and shall be liable to be convicted and sentenced in respect hereof;
and the fact that he issued instructions forbidding any act or omission of
the kind in question shall not, in itself, be accepted as sufficient proof
that he took all reasonable steps to prevent the act or omission.
(2) The provisions of subsection (1) shall mutatis mutandis apply in the case of a
mandatary of any employer or user, except if the parties have agreed in writing to
the arrangements and procedures between them to ensure compliance by the
mandatary with the provisions of this Act.
(3) Whenever any employee or mandatary of any employer or user does or omits to
do an act which it would be an offence in terms of this Act for the employer or any
such user to do or omit to do, he shall be liable to be convicted and sentenced in
respect thereof as if he were the employer or user.
(4) Whenever any employee or mandatary of the State commits or omits to do an act
which would be an offence in terms of this Act, had he been the employee or
mandatary of an employer other than the State and had such employer committed
or omitted to do that act, he shall be liable to be convicted and sentenced in
respect thereof as if he were such an employer.
(5) Any employee or mandatary referred to in subsection (3) may be so convicted and
sentenced in addition to the employer or user.
(f) deleted
(g) refuses or fails to answer to the best of his ability any question which an
inspector in the performance of his functions has put to him;
(k) having been called under section 32, without sufficient cause (the onus
of proof whereof shall rest upon him)-
(o) fails to use any safety equipment at a workplace or in the course of his
employment or in connection with the use of plant or machinery, which
was provided to him by an employer or such a user;
(2) Any employer who does or omits to do an act, thereby causing any person to be
injured at a workplace, or, in the case of a person employed by him, to be injured
at any place in the course of his employment, or any user who does or omits to do
an act in connection with the use of plant or machinery, thereby causing any
person to be injured, shall be guilty of an offence if that employer or user, as the
case may be, would in respect of that act or omission have been guilty of the
offence of culpable homicide had that act or omission caused the death of the
said person, irrespective of whether or not the injury could have led to the death
of such person, and on conviction be liable to a fine not exceeding R100 000 or to
imprisonment for a period not exceeding two years or to both such fine and such
imprisonment.
(1) Whenever in any legal proceedings in terms of this Act it is proved that any person
was present on or in any premises, that person shall, unless the contrary is
proved, be presumed to be an employee.
(2) In the absence of satisfactory proof of age, the age of any person shall, in any
legal proceedings in terms of this Act, be presumed to be that stated by an
inspector to be in his opinion the probable age of the person; but any person
(3) In any legal proceedings in terms of this Act, any statement or entry contained in
any book or document kept by any employer or user or by his employee or
mandatary, or found on or in any premises occupied or used by that employer or
user, and any copy or reproduction of any such statement or entry, shall be
admissible in evidence against him as an admission of the facts set forth in that
statement or entry, unless it is proved that that statement or entry was not made
by that employer or user or by any employee or mandatary of that employer or
user within the scope of his authority.
(4) Whenever in any legal proceedings in terms of this Act it is proved that any untrue
statement or entry is contained in any record kept by any person, he shall be
presumed, until the contrary is proved, wilfully to have falsified that record.
(5) (a) Whenever at the trial of any person charged with a contravention of section 22
it is proved that the accused sold or marketed any article, substance, plant,
machinery or health and safety equipment contemplated in that section, it shall be
presumed, until the contrary is proved, that such article, substance, plant,
machinery or health and safety equipment did not at the time of the sale or
marketing thereof comply with the said requirements.
(6) Notwithstanding the provisions of section 31 (3) of the Standards Act, 1993 (Act
No. 29 of 1993), whenever in any legal proceedings in terms of this Act the
question arises whether any document contains the text of a health and safety
standard incorporated in the regulations under section 44, any document
purporting to be a statement by a person who in that statement alleges that he is
an inspector and that a particular document contains the said text, shall on its
mere production at those proceedings by any person be prima facie proof of the
facts stated therein.
(7) The records to be kept by a health and safety committee in terms of section 20 (2),
including any document purporting to be certified by an inspector as a true extract
from any such records, shall on their mere production at any legal proceedings by
any person be admissible as evidence of the fact that a recommendation or report
recorded in such records was made by a health and safety committee to an
employer or inspector concerned.
(1) The Minister may, for such period and on such conditions as may be determined
by him, exempt any employer or user or any category of employers or users,
generally or with respect to any particular employee or category of employees or
users or with respect to any matter, from any of or all the provisions of this Act or
the provisions of a notice or direction issued under this Act.
(2) The period for which exemption may be granted under subsection (1) may
commence on a date earlier than the date on which exemption is granted, but not
earlier than the date on which application for such exemption was made to the
Minister.
(6) Any exemption granted under section 32 of the Machinery and Occupational
Safety Act, 1983 (Act No. 6 of 1983), to the extent to which it grants exemption
from the operation of a provision similar to a provision in respect of which
exemption may be granted under subsection (1) of this section, which exemption
has at the commencement of this Act not lapsed as contemplated in subsection (5)
Subject to the provisions of sections 10 (4) and 37 (2), a provision of this Act or a
condition specified in any notice or direction issued thereunder or subject to which
exemption was granted to any person under section 40, shall not be affected by any
condition of any agreement, whether such agreement was entered into before or after
the commencement of this Act or before or after the imposition of any such condition, as
the case may be.
(1) The Minister may delegate any power conferred upon him by or under this Act,
except the power contemplated in section 43, to an officer.
(2) A delegation under subsection (1) shall not prevent the exercise of the relevant
power by the Minister himself.
(3) The Minister may authorize any provincial administration or local authority to
perform any function referred to in this Act.
(4) An authorization under subsection (3) shall not prevent the performance of the
relevant function by the Minister, the chief inspector or an inspector, as the case
may be.
43. Regulations
(a) as to any matter which in terms of this Act shall or may be prescribed;
(b) which in the opinion of the Minister are necessary or expedient in the
interest of the health and safety of persons at work or the health and
safety of persons in connection with the use of plant or machinery, or
the protection of persons other than persons at work against risks to
health and safety arising from or connected with the activities of
persons at work, including regulations as to-
(e) whereby provision is made for the continuation of any registration under
this Act;
(f) as to the registration of plant and machinery and the fee payable to the
State in respect of such registration;
(k) as to any other matter the regulation of which is in the opinion of the
Minister necessary or desirable for the effective carrying out of the
provisions of this Act.
(2) No regulation shall be made by the Minister except after consultation with the
Council, and no regulation relating to State income or expenditure or to any health
matter shall be made by the Minister except after consultation also with the
Minister of State Expenditure and the Minister for National Health and Welfare,
respectively.
(3) In making regulations the Minister may apply any method of differentiation that he
may deem advisable: Provided that no differentiation on the basis of race or colour
shall be made.
(5) A regulation made under section 35 of the Machinery and Occupational Safety Act,
1983 (Act No. 6 of 1983), which was in force immediately prior to the
commencement of this Act and which could have been made under this section,
shall be deemed to have been made under this section.
(1) The Minister may by notice in the Gazette incorporate in the regulations any health
and safety standard or part thereof, without stating the text thereof, by mere
reference to the number, title and year of issue of that health and safety standard
or to any other particulars by which that health and safety standard is sufficiently
identified.
(2) No health and safety standard shall be incorporated in the regulations except after
consultation with the Council.
(3) Any health and safety standard incorporated in the regulations under subsection
(1) shall for the purposes of this Act, in so far as it is not repugnant to any
regulation made under section 43, be deemed to be a regulation, but not before
the expiry of two months from the date of incorporation thereof.
(4) Whenever any health and safety standard is at any time after the incorporation
thereof as aforesaid, amended or substituted by the competent authority, the
notice incorporating that health and safety standard shall, unless otherwise stated
therein, be deemed to refer to that health and safety standard as so amended or
substituted, as the case may be.
(5) The chief inspector shall keep a register of particulars of every publication in which
a health and safety standard incorporated in the regulations under subsection (1),
and every amendment or substitution of any such health and safety standard, was
published, and also of the place in the Republic where such publication is
obtainable or otherwise available for inspection, and he shall make that register or
an extract therefrom available free of charge to persons having an interest, for
inspection.
(6) The provisions of section 31 of the Standards Act, 1993 (Act No. 29 of 1993), shall
not apply to any incorporation of a health and safety standard or of any
amendment or substitution of a health and safety standard under this section.
(7) Any safety standard which was immediately prior to the commencement of this Act
incorporated under section 36 of the Machinery and Occupational Safety Act, 1983
(Act No. 6 of 1983), in the regulations made under that Act, shall be deemed to be
a health and safety standard incorporated under this section.
(b) by leaving such a copy at the usual or last known place of residence or
business of such a person; or
(c) by sending such a copy by registered post to the usual or last known
place of residence or business of such a person.
In so far as any provision of the Explosives Act, 1956 (Act No. 26 of 1956), is repugnant
to a provision of this Act the provisions of this Act shall apply.
The Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), the Machinery
and Occupational Safety Amendment Act, 1989 (Act No. 40 of 1989), and the
Machinery and Occupational Safety Amendment Act, 1991 (Act No. 97 of 1991), are
hereby repealed.
(1) This Act shall be called the Occupational Health and Safety Act, 1993, and shall
come into operation on a date fixed by the State President by proclamation in the
Gazette.
(2) Different dates may be so fixed in respect of different provisions of this Act.
SCHEDULE
Definitions
1. 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
(a) the erection, maintenance, alteration, renovation, repair, demolition or dismantling of or addition to a building or any similar structure;
(b) the installation, erection, dismantling or maintenance of a fixed plant where such work includes the risk of a person falling;
(c) the construction, maintenance, demolition or dismantling of any bridge, dam, canal, road, railway, runway, sewer or water reticulation
system or any similar civil engineering structure; or
(d) the moving of earth, clearing of land, the making of an excavation, piling, or any similar type of work;
"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
(a) a person who prepares a design;
(b) a person who checks and approves a design;
(c) a person who arranges for any person at work under his control (including an employee of his, where he is the employer) to prepare a design, as
well as;
(d) an architect or engineer contributing to, or having overall responsibility for the design;
(e) building services engineer designing details for fixed plant;
(f) surveyor specifying articles or drawing up specifications;
(g) contractor carrying out design work as part of a design and build project;
(h) temporary works engineer designing formwork and false work; and
(i) interior designer, shop-fitter and landscape architect.
"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 persona! 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 ;
Scope of application
2. (1) These Regulations, shall apply to any persons involved in construction work.
(2) The provisions of regulation 4(1)(a) shall not be applicable where the construction work carried out is in relation to a single storey domestic building
for a client who is going to reside in such building upon completion thereof.
(3) The provisions of regulations 4(1)(a) and 5(1), 5(3)(a) and 5(4) shall not be applicable where the construction work is in progress and more than fifty percent
thereof has been completed at the date of promulgation of these regulations: Provided that an inspector may instruct accordingly that these Regulations shall be
applicable.
3. (1) A principal contractor who intends to carry out any construction work shall
(a) before carrying out that work, notify the provincial director in writing of the construction work if it includes
(i) the demolition of a structure exceeding a height of 3 meters; or
(ii) the use of explosives to perform construction work; or
(iii) the dismantling of fixed plant at a height greater than 3 meters.
(b) before carrying out that work, 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 deeper than 1 meter; or
(iii) includes working at a height greater than 3 meters above ground or a landing.
(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 principal contractor shall ensure that a copy of the completed form contemplated in sub-regulation (2) is kept on site for inspection by an inspector,
client, client's agent or employee.
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 health and safety specifications for the construction work, and provide any principal contractor who is making a bid or appointed
to perform construction work for the client with the same;
(b) to promptly provide the principal contractor and his or her agent with any information which might affect the health and safety of any person
at work carrying out construction work;
(c) to appoint each principal contractor in writing for the project or part thereof on a construction site;
(d) to take reasonable steps 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 audits at intervals mutually agreed upon
between the client and principal contractor, but at least once every month;
(e) to stop any contractor from executing construction work, which is not in accordance with, the principal contractor's health and safety plan
contemplated in regulation 5(1) for the site or which poses a threat to the health and safety of persons;
(f) 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 principal contractor to execute the work safely;
(g) 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; and
(h) to ensure that potential principal contractors submitting tenders, have made provision for the cost of health and safety measures during the
construction process.
(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.
5. (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 cooperation 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
(a) to provide any contractor who is making a bid or appointed to perform construction work for the principal contractor, with the relevant sections
of the health and safety specifications contemplated in regulation 4(1)(a) pertaining to the construction work which has to be performed;
(b) to appoint each contractor contemplated in paragraph (a) in writing for the part of the project on a construction site;
(c) to take reasonable steps to ensure that each contractor's health and safety plan contemplated in sub-regulation (4) is implemented and
maintained on the construction site: 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;
(d) to stop any contractor from executing construction work, which is not in accordance with, the principal contractor's and/or contractor's health
and safety plan for the site or which poses a threat to the health and safety of persons;
(e) to ensure that where changes are brought about to the design and construction , sufficient health and safety information and appropriate
resources are made available to the contractor to execute the work safely;
(f) to ensure that every contractor is registered and in good standing with the compensation fund or with a licensed compensation insurer prior to work
commencing on site; and
(g) to ensure that potential contractors submitting tenders have made provision for the cost of health and safety measures during the construction
process.
(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}(aj provided by the principal contractor, which plan shall be
applied from the date of commencement of and for the duration of the construction work.
(5) A principal contractor shall discuss and negotiate with the contractor the contents of the health and safety plan contemplated in sub-regulation (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 sub-regulation (1), as well as the contractor's health and
safety plan contemplated in sub-regulation (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 shad 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 sub-regulation (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 sub-regulations (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 sub-regulations (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.
6. (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 sub-regulation (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 sub-regulation (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 sub-regulation (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 sub-regulation (2)
shall apply in respect of those employees as if they had in the first instance been appointed under sub-regulation (2).
(4) No construction supervisor appointed in terms of sub-regulation (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 sub-regulation (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 sub-regulation (1) for more than one construction site will not, in the opinion of an
inspector, be able to supervise the works favorably, an inspector may require the contractor to appoint the required number of employees as
contemplated in sub-regulation (2) to assist the appointed construction supervisor or instruct the contractor to appoint the construction supervisor who
had been appointed in terms of sub-regulation (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 sub-regulation (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.
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 and shall include at least
(a) the identification of the risks and hazards to which persons may be exposed to;
(b) the analysis and evaluation of the risks and hazards identified;
(c) a documented plan of safe work procedures to mitigate, reduce or control the risks and hazards that have been identified;
(d) a monitoring plan; and
(e) a review plan.
(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 sub-regulation (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-
(a) be in possession of proof of the health and safety induction training as determined in sub-regulation (7), issued by a competent person prior
to the commencement of construction work; and
(b) carry the proof contemplated in paragraph (a) for the duration of that project or for the period that the employee will be on the
construction site,
Fall protection
Structures
Excavation work
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.
(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
(a) take suitable and sufficient steps in order to prevent, as far as is reasonably practicable, any person from being buried or trapped by a fall or
dislodgement of material in an excavation;
(b) not require or permit any person to work in an excavation which has not been adequately shored or braced: Provided that shoring and bracing may
not be necessary where
(i) the sides of the excavation are sloped to at least the maximum angle of repose measured relative to the horizontal plane; or
(ii) such an excavation is in stable material: Provided that
Demolition work
12. (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 sub-regulation (2), in order to avoid any premature collapses.
(4) Every contractor who performs demolition work shall
(a) with regard to a structure being demolished, take steps to ensure that
(i) no floor, roof or other part of the structure is overloaded with debris or material in a manner which would render it unsafe;
(ii) all reasonably practicable precautions are taken to avoid the danger of the structure collapsing when any part of the framing of a
framed or partly framed building is removed, or when reinforced concrete is cut; and
(iii) 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;
(b) not require or permit any person to work under overhanging material or structure, which has not been adequately supported, shored or
braced;
(c) take steps to ensure that any support, shoring or bracing contemplated in paragraph (b), is designed and constructed so that it is strong
enough to support the overhanging material;
(d) where the stability of an adjoining building, structure or road is likely to be affected by demolition work on a structure, take such steps as may
be necessary to ensure the stability of such structure or road and the safety of persons;
(e) ascertain as far as is reasonably practicable the location and nature of electricity, water, gas or other similar services which may in anyway, be
affected by the work to be performed, and shall before the commencement of demolition work that may affect any such service, take the
steps that may be necessary to render circumstances safe for all persons involved;
(f) cause every stairwell used and every floor where work is being performed in a building being demolished, to be adequately illuminated by
either natural or artificial means;
(g) cause convenient and safe means of access to be provided to every part of the demolition site in which persons are required to work; and
(h) erect a catch platform or net above an entrance or passageway or above a place where persons work or pass under, or fence off the danger
area if work is being performed above such entrance, passageway, or place so as to ensure that all persons are kept safe where there is a
danger or possibility of persons being struck by falling objects.
(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
(a) is adequately constructed and rigidly fastened;
(b) if inclined at an angle of more than 45 degrees to the horizontal, is enclosed on its four sides;
(c) if of the open type, is inclined at an angle of less than 45 degrees to the horizontal;
(d) where necessary, is fitted with a gate at the bottom end to control the flow of material; and
(e) is discharged into a container or an enclosed area surrounded by barriers.
(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.
Tunneling
13. (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 sub-regulation (1), no person shall enter a tunnel, which has a height dimension less than 800 mm.
Scaffolding
14. (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.
Suspended platforms
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.
(2) No contractor shall use or permit the use of a suspended platform, unless
(a) the design, stability and construction thereof comply with the safety standards incorporated for this purpose into these Regulations under
section 44 of the Act;
(b) he or she is in possession of a certificate of system design issued by a professional engineer, certificated engineer or a professional
technologist for the use of the suspended platform system; and
(c) 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
(i) competent person who has been appointed for supervision;
(ii) competency of erectors, operators and inspectors;
(iii) operational design calculations which should comply with the requirements of the system design certificate;
(iv) performance test results;
(v) sketches indicating the completed system with the operational loading capacity of the platform;
(vi) procedures for and records of inspections having been carried out; and
(vii) procedures for and records of maintenance work having been carried out:
Provided that sub-regulation (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 sub-regulation (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
(a) are constructed of steel or any other material of similar strength and have a safety factor of at least four in relation to the load it is to carry;
and
(b) have suspension points provided with stop devices or other effective devices at the outer ends to prevent the displacement of ropes.
(6) A contractor shall ensure that
(a) the parts of the building or structure on which the outriggers are supported, are checked by means of calculations to ensure that the required
safety factor is adhered to without risk of damage to the building or structure;
(b) the suspension wire rope and the safety wire rope are separately connected to the outrigger;
(c) each person on a suspended platform is provided with and wears a safety harness as a fall prevention device which must at all times, be
attached to the suspended platform or to the anchorage points on the structure whilst on the suspended platform;
(d) the hand or power driven machinery to be used for the lifting or lowering of the working platform of a suspended platform is constructed and
maintained in such a manner that an uncontrolled movement of the working platform cannot occur;
(e) the machinery referred to in paragraph (d) is so situated that it is easily accessible for inspection;
(f) the rope connections to the outriggers are vertically above the connections to the working platform; and
(g) where the working platform is suspended by two ropes only, the connections of the ropes to the working platform are of such height above
the level of the working platform as to ensure the stability of the working platform.
16. (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.
Material hoists
17. (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
(a) erected on firm foundations and secured to the structure or braced by steel wire guide ropes and to extend to such a distance above the
highest landing as to allow a clear and unobstructed space of at least 900 mm for overtravel;
(b) enclosed on all sides at the bottom, and at all floors where persons are at risk of being struck by moving parts of the hoist, except on the side
or sides giving access to the material hoist, with walls or other effective means to a height of at least 2100 mm from the ground or floor level;
and
(c) provided with a door or gate at least 2100 mm in height at each landing and such door or gate shall be kept closed, except when the platform
is at rest at such a landing.
(3) A contractor shall cause
(a) the platform of every material hoist to be designed in such a manner that it shall safely contain the loads being conveyed and that the
combined weight of the platform and the load does not exceed the designed lifting capacity of the hoist;
(b) the hoisting rope of every material hoist which has a remote winch to be effectively protected from damage by any external cause to the portion of
the hoisting rope between the winch and the tower of the hoist; and
(c) every material hoist to be provided with an efficient brake capable of holding the platform with its maximum load in any position when the
power is not being supplied to the hoisting machinery.
(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
18. (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
(a) placed in an easily accessible position; and
(b) constructed in such a manner as to prevent accidental starting.
(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 sub-regulation (1).
(6) A contractor shall ensure that all persons authorized to operate the batch plant are fully
(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.
(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.
19. (1) No contractor shall use or permit any person to use an explosive powered tool, unless
(a) it is provided with a protective guard around the muzzle end, which effectively confines any flying fragments or particles; and
(b) the firing mechanism is so designed that the explosive powered tool will not
function unless
(i) it is held against the surface with a force of at least twice its weight; and ;o
(ii) the angle of inclination of the barrel to the work surface is not more then
15 degrees from a right angle:
Provided that the provisions of this sub-regulation shall not apply to explosive powered tools in which the energy of the cartridge is transmitted to the bolts, nails
or similar relevant objects by means of an intermediate piston which has a limited distance of travel.
(2) A contractor shall ensure that
(a) only cartridges suited for the explosive powered tool and the work to be performed are used;
(b) the explosive powered tool is cleaned and examined daily before use and as often as may be necessary for its safe operation by a competent
person who has been appointed;
(c) that the safety devices are in proper working order prior to use;
(d) when not in use, the explosive powered tool and the cartridges are locked up in a safe place, which is inaccessible to unauthorised persons;
(e) the explosive powered tool is not stored in a loaded condition;
(f) a warning notice is displayed in a conspicuous manner wherever the explosive powered tool is used;
(g) the issuing and collection of cartridges and nails or studs is-
(i) controlled and done in writing by a person having been appointed in writing; and
(ii) recorded in a register and that the recipient has accordingly signed for the receipt thereof as well as the returning of any spent and
unspent cartridges;
(3) No contractor shall permit or require any person to use an explosive powered tool unless such person has been
(a) provided with and uses suitable protective equipment; and
(b) trained in the operation, maintenance and use of such a tool.
Cranes
20. 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
(a) account is taken of the effects of wind forces on the structure;
(b) account is taken of the bearing capacity of the ground on which the tower crane is to stand;
(c) the bases for the tower cranes and tracks for rail-mounted tower cranes are firm
and level;
(d) the tower cranes are erected at a safe distance from excavations;
(e) there is sufficient clear space available for erection, operation and dismantling;
(f) the tower crane operators are competent to carry out the work safely; and
(g) the tower crane operators are physically and psychologically fit to work in such an environment by being in possession of a medical certificate
of fitness.
22. 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
(a) before construction commences and during the progress thereof, adequate steps are taken to ascertain the presence of and guard against
danger to workers from any electrical cable or apparatus which is under, over or on the site;
(b) all parts of electrical installations and machinery are of adequate strength to
withstand the working conditions on construction sites;
(c) in working areas where the exact location of underground electric power lines is unknown, employees using jackhammers, shovels or other
hand tools which may make contact with a power line, are provided with insulated protective gloves or otherwise that the handle of the tool
being used is insulated;
(d) all temporary electrical installations are inspected at least once a week and
electrical machinery on a daily basis before use on a construction site by a
competent person and the records of these inspections are recorded in a register
to be kept on site; and
(e) the control of all temporary electrical installations on the construction site is designated to a competent person who has been appointed in writing.
.
Use and temporary storage of flammable liquids on construction sites
23. Notwithstanding the provisions for the use and storage of flammable liquids as determined in the General Safety Regulations promulgated by Government
Notice No.R1031 dated 30 May 1986, as amended, a contractor shall ensure that
(a) where flammable liquids are being used, applied or stored at the workplace
concerned, this is done in such a manner which would cause no fire or explosion hazard, and that the workplace is effectively ventilated:
Provided that where the workplace cannot effectively be ventilated-
(i) every employee involved is provided with a respirator, mask or breathing apparatus of a type approved by the chief inspector, and
(ii) steps are taken to ensure that every such employee, while using or applying flammable liquid, uses the apparatus supplied to him or
her;
(b) no person smokes in any place in which flammable liquid is used or stored, and such contractor shall affix a suitable and conspicuous notice at all
entrances to any such areas prohibiting such smoking;
(c) flammable liquids on a construction site is stored in a well-ventilated reasonably fire resistant container, cage or room and kept locked with
proper access control measures in place;
(d) an adequate amount of efficient fire-fighting equipment is installed in suitable locations around the flammable liquids store with the
recognized symbolic signs;
(e) only the quantity of flammable liquid needed for work on one day is to be taken out of the store for use;
(f) all containers holding flammable liquids are kept tightly closed when not in actual use and, after their contents have been used up, to be
removed from the construction site and safely disposed of;
(g) where flammable liquids are decanted, the metal containers are bonded or earthed; and
(h) no flammable material such as cotton waste, paper, cleaning rags or similar material is stored together with flammable liquids.
24. (1) A contractor shall ensure that where construction work is done over or in close proximity to water, provision is made for
(a) preventing workers from falling into water; and
(b) the rescuing of workers in danger of drowning.
(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.
25. Notwithstanding the provisions of the Environmental Regulations for Workplaces promulgated by Government Notice No. R2281 dated 16 October 1987,
as amended, a contractor shall ensure that
(a) suitable housekeeping is continuously implemented on each construction site, including provisions for the
(i) proper storage of materials and equipment; and
(ii) removal of scrap, waste and debris at appropriate intervals;
(b) loose materials required for use, are not placed or allowed to accumulate on the site so as to obstruct means of access to and egress from
workplaces and passageways;
(c) waste and debris are not disposed of from a high place with a chute, unless the chute complies with the requirements set out regulation 12(6):
(d) construction sites in built-up areas, adjacent to a public way, are suitably and sufficiently fenced off and provided with controlled access
points to prevent the entry of unauthorized persons.
(e) a catch platform or net is erected above an entrance or passageway or above a place where persons work or pass under, or fence off the
danger area if work is being performed above such entrance, passageway, or place so as to ensure that all persons are kept safe in the case
of danger or possibility of persons being struck by falling objects.
26. Notwithstanding the provisions for the stacking of articles contained in the General Safety Regulations promulgated by Government Notice
NO.R1031 dated 30 May 1986, as amended, 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;
(b) adequate storage areas are provided;
(c) there are demarcated storage areas; and
(d) storage areas are kept neat and under control.
27.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
(a) all appropriate measures are taken to avoid the risk of fire;
(b) sufficient and suitable storage is provided for flammable liquids, solids and gases;
(c) smoking is prohibited and notices in this regard are prominently displayed in all places containing readily combustible or flammable materials;
(d) in confined spaces and other places in which flammable gases, vapors or dust can cause danger
(i) only suitably protected electrical installations and equipment, including portable lights, are used;
(ii) there are no flames or similar means of ignition;
(iii) there are conspicuous notices prohibiting smoking;
(iv) oily rags, waste and other substances liable to ignite are without delay removed to a safe place; and
(v) adequate ventilation is provided;
(e) combustible materials do not accumulate on the construction site;
(f) welding, flame cutting and other hot work are done only after the appropriate precautions as required have been taken to reduce the risk of
fire;
(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;
(i) a sufficient number of workers are trained in the use of fire-extinguishing equipment;
(j) where appropriate, suitable visual signs are provided to clearly indicate the escape routes in the case of a fire;
(k) the means of escape is kept clear at all times;
(I) there is an effective evacuation plan providing for all-
(i) persons to be evacuated speedily without panic;
(ii) persons to be accounted for, and
(iii) plant and processes to be shut down; and
(m) a siren is installed and sounded in the event of a fire.
28.(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:
(a) at least one shower facility for every 15 workers;
(b) at least one sanitary facility for every 30 workers;
(c) changing facilities for each sex; and
(d) sheltered eating areas.
(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.
29. (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.
30. 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.
Repeal of regulations
Short title
ANNEXURE A
OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 Regulation 3 of the Construction Regulations, 2003
NOTIFICATION OF CONSTRUCTION WORK
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).
Client _____________________________________________Date____________________
DEPARTMENT OF LABOUR
No. R. 1020 18 July 2003
Occupational Health and Safety Act, 1993 Incorporation of Safety Standards in the Construction Regulations, 2003
SCHEDULE
1. Regulation 14(1)
The South African Bureau of Standards' Code of Practice SABS 085, as amended, entitled The Design, Erection, Use and inspection of Access
Scaffolding".
2. Regulation
The South African Bureau of Standards' Standard Specification SABS EN 1808, as amended, entitled" Safety Requirements on Suspended Access
Equipment - Design calculations, stability criteria, construction-tests".
The South African Bureau of Standards' Standard Front-end Specification SABS 1903, as amended, entitled" Safety Requirements on Suspended
Access Equipment - Design calculations, stability criteria, construction-tests".