Notification of construction work
3.(1) A client who intends to have construction work
carried out, shall-
(a) fourteen days before that work is carried out,
notify the provincial director in writing when the construction work-
(i) exceeds 30 days or will involve more than 300
person days of construction work; and
(ii) includes excavation work; or
(iii) includes working at a height where there is
risk of falling
(b) before that work is carried out, notify the
provincial director in writing of the construction work if it includes-
(i) the demolition of a structure; or
(ii) the use of explosives to perform
construction work; or
(2) The notification to the provincial director
contemplated in sub regulation (1) must be done on the form similar to
Annexure A to these Regulations.
(3) A client shall ensure that the principal contractor
keeps the copy of the completed form contemplated in sub regulation (2) and
proof of submission must be retained in the occupational health and safety
file for inspection by an inspector, client, client's agent or employee.
4.(1) A client shall be responsible for the following
in order to ensure compliance with the provisions of the Act:
(a) (i) to prepare a baseline risk assessment
for the intended project.
(ii) to prepare a suitable, sufficiently documented and site specific health
and safety specifications for the
intended construction work based on the baseline risk
assessment as contemplated in regulation 4.1 (a)(i).
(b) (i) to provide the designer with such health
and safety specification as contemplated in regulation 4.1(a) (ii).
(ii) to ensure that the designer takes this health
and safety specification into consideration as contemplated in 9.2 of these
(c) to include the health and safety specification, as
contemplated in regulation 4.1(a)&(b), in the tender documents.
(d) to ensure that potential principal contractors
submitting tenders, have made adequate provision for the cost of health and
(e) to ensure that the principal contractor to be
appointed has the necessary competencies and resources to carry out the
construction work safely.
(f) to ensure that every principal contractor is
registered and in good standing with the compensation fund or with a
licensed compensation insurer prior to work commencing on site as
contemplated in COID Act (no. 130 of 1993); and
(g) to appoint each principal contractor in writing
for the project or part thereof on a construction site;
(h) to notify the Provincial Director in writing of
the construction work as contemplated in regulation 3.1;
(i) (i) to discuss and negotiate with the
principal contractor the contents of the health and safety plan contemplated
in regulation 5(1) and thereafter finally approve
the health and safety plan for implementation.
(ii) No construction
work shall commence until such health and safety plan has been approved.
(j) to ensure that a copy of the principal contractor's
health and safety plan is available on request to an employee, inspector or
(k) to ensure that each principal contractor’s
health and safety plan as determined in regulation 5(1) is implemented and
maintained on the construction site: Provided that the steps taken, shall
include periodic health and safety audits at intervals mutually agreed upon
between the client and principal contractor, but at least once every month;
(l) to stop any contractor from executing
construction work, which is not in accordance with, the principal
contractor's health and safety plan contemplated in regulation 5(1) for the
site or which poses a threat to the health and safety of persons;
(m) to ensure that where changes are brought about
to the design or construction, sufficient health and safety information and
appropriate resources are made available to the principal contractor to
execute the work safely;
(i) Without derogating from his responsibilities or liabilities, a client
may appoint an agent in writing to act as his or her representative and
where such an appointment is made, the responsibilities as are imposed by
these regulations upon a client, shall as far as reasonably practicable
apply to the agent so appointed.
client shall appoint any person as an agent, unless such person is an
approved inspection authority as contemplated in regulation 29.
(o) to ensure that the consolidated health and
safety file from the contractor to be kept as contemplated in regulation