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  April 2009

 

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OHS Act Construction Regulation 4. Client.

(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.

(6) No client shall appoint any person as an agent, unless the client is reasonably satisfied that the person he or she intends to appoint has the necessary competencies and resources to perform the duties imposed on a client by these regulations.