(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.