The National Department of Labour Occupational Health and Safety: Construction.
description
Transcript of The National Department of Labour Occupational Health and Safety: Construction.
The presentation.
1. DOL. OHS (Construction). Management .2. The Technical Task Team3. Construction Regulations
1. Amendments. 2. Legal appointments
4. Statistical report on construction safety per province.
Department of Labour ‘s Occupational Health and
safety Civil/ Construction Management Chief Inspector.
T. Szana
Executive Manager.Civil & Explosives.
Executive ManagerElectrical & Mechanical
Executive ManagerHealth & Hygiene
Manager CivilMaphaha. Phumy
Construction Regulation’s Technical Task Team.
Chairperson. Phumy
Maphaha
Business/ Employers Organisations (3reps) 1. BUSA
Organised Labour (3 reps)1. NACTU 2. COSATU
Government 3 x Senior Inspectors
From Dol.
Consultants & Experts (4 Reps)
Grinaker-LTAWBHOSAACE
Construction Regulation’s amendments. Definitions
competent person" means any person having the knowledge, training, experience and/or where applicable 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; declared competent by an accredited assessor or institution.
Construction Regulation’s amendments. Definitions "agent" means any person who acts as a representative
for a client and is registered as an Approved Inspection Authority interms of Construction regulation 29; (six months after promulgation of the regulations)
contractor" means an employer, as defined in section 1 of the Act, who performs construction work and includes principal contractors and contractors;
Construction Regulation’s amendments. Definitions "designer" means any of the following persons-
(h) any competent person designing false work including its components, form work and support work;
Construction Regulation’s amendments. Definitions “fall risk” means any potential exposure to
falling either from, off or into.
Construction Regulation’s amendments. Definitions “health and safety practitioner” means any person
competent in Occupational health and safety and accredited as such by an institution accredited by SANAS(SOUTH AFRICAN NATIONAL ACCREDITATION SERVICES) having the knowledge, training, experience and/or qualifications specific to occupational health and safety aspects of 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; competent in Occupational Health and Safety
Construction Regulation’s amendments. Definitions “Formwork” means temporary of permanent shutters
used to from wet concrete into an element of a structure, and includes both horizontally and vertically placed shutters
“support work” means the temporary structure erected to support the formwork before the casting of a concrete element of a structure
“false work” means the combined system of formwork and support work
Construction Regulation’s amendments. Regulation 2 Scope of application
2. These Regulations, shall apply to any persons involved in construction work.
Construction Regulation’s amendments. Regulation 3 Notification of construction work 3.(1) A client who intends to have construction work
carried out, shall- (a) 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
Construction Regulation’s amendments. Regulation 3 Notification of construction work
(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.
Construction Regulation’s amendments. Regulation 4 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 suitable, sufficiently documented and site specific
health and safety specifications for the intended construction work,
(b) to provide the designer with such health and safety specification as contemplated in regulation 4.1(a). The designer shall take this health and safety specification into consideration as contemplated in 9.2 of these regulations
(c) to include the health and safety specification, as contemplated in regulation 4.1(a)&(b), in the tender documents.
Construction Regulation’s amendments. Regulation 4 Client (d) to ensure that potential principal contractors submitting
tenders, have made adequate provision for the cost of health and safety measures.
(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
Construction Regulation’s amendments. Regulation 4 Client (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.
Construction Regulation’s amendments. Regulation 4 Client (j) to ensure that a copy of the principal contractor's health and safety plan is
available on request to an employee, inspector or contractor. (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 andsafety plan contemplated in regulation 5(1) for the site or which poses a threat to the health and safety of persons;
Construction Regulation’s amendments. Regulation 4 Client
(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 principalcontractor to execute the work safely;
(n) 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. 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.
(o) to ensure that the consolidated health and safety file from the contractor to be kept as contemplated in regulation 5.8.
Principal Contractor and Contractor 5. (1) A principal contractor shall provide and
demonstrate to the client a suitable, sufficiently documented and site specific 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.
Supervision of construction work
6. (1) The contractor shall appoint one full-time competent employee in writing as the construction supervisor, with the duty of supervising all the construction work including ensuring occupational health and safety compliance, in the absence of the construction supervisor an alternate must be appointed.
Supervision of construction work
(2) The contractor shall upon having considered the size of the project, in writing appoint one or more competent employees for different sections thereof to assist the appointed construction supervisor contemplated in subregulation (1),
Supervision of construction work (7) No contractor shall appoint a construction
health and safety officer to assist in the control of health and safety related aspects on the site unless he or she is reasonably satisfied that the construction health and safety officer he intends to appoint, has the necessary competencies and resources to assist the contractor
Supervision of construction work (8) The appointed construction Health and safety officer
as contemplated in subregulation (6) shall as far as is reasonably practicable be utilized 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).
7. Risk assessment. (2) A contractor shall ensure that as far as is
reasonably practicable, ergonomic related hazards are analyzed, evaluated and addressed in the risk assessment.
7. Risk assessment. (7) A contractor shall cause the relevant risk
assessment to be reviewed: (a) where changes are brought to the design and
construction work (b) when an incident has occurred (c) at intervals not exceeding one month.
15 Suspended platforms (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 shall submit a copy of the certificate of system design contemplated in subregulation (3) for every new project.
15 Suspended platforms (7) A contractor shall ensure that the
suspended platform- (a) is suspended as near as possible to the
structure to which work is being done to prevent as far as is reasonably practicable horizontal movement away from the face of the structure.
15 Suspended platforms (7) A contractor shall ensure that the suspended
platform- (c) is fitted with a conspicuous notice easily
understandable by all workers working with the suspended platform, showing:
the maximum mass load. maximum number of persons the maximum total mass load including load and
persons which the suspended platform can carry.
18 Bulk mixing plant (1) A contractor shall ensure that the operation of a
bulk mixing plant is supervised by a competent person who has been appointed in writing and is (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.
19 Explosive powered tools (1) No contractor shall use or permit any person to use an
explosive powered tool, unless- (a) the user is provided with and uses suitable protective
equipment; and (b) the user is trained in the operation, maintenance and
use of such a tool. (c) it is provided with a protective guard around the
muzzle end, which effectively confines any flying fragments or particles; and
(d) the firing mechanism is so designed that the explosive powered tool will not function unless-
20Cranes 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
(b) a relevant risk assessment and method statement are developed and applied taking into account the following:
(i) the effects of wind forces on the crane, that a wind speed device is fitted and provides the operator with an audible warning when the wind speed exceeds the design engineer’s specification.
(ii) the bearing capacity of the ground on which the tower crane is to stand and where the ground is unstable additional measures must be taken to stabilize the area.
21Construction vehicles and mobile plant (1) A contractor shall ensure that all construction
vehicles and mobile plant- (i) are equipped with an acoustic device for warning of
approach (j) are equipped with an automatic acoustic reversing
alarm. (k) are on a daily basis inspected using a relevant
checklist prior to use by the authorised operator or driver and the findings of such inspection is recorded in a register kept in the construction vehicle or mobile plant.
21Construction vehicles and mobile plant (2) A contractor shall furthermore ensure that
(f) All construction vehicles or mobile plant when not in use, must have buckets, booms or similar appendages, fully lowered or blocked, controls in a neutral position, motors stopped, wheels chocked, brakes set and ignition secured.
22 Electrical installations and machinery on construction sites
a contractor shall ensure that- (c) the control of all temporary electrical installations on the
construction site is designated to a competent person who has been appointed in writing.
(d) all temporary electrical installations used by the contractor are inspected at least once a week by a competent person and these inspection findings are recorded in a register to be kept on construction site;
(e) all electrical machinery are inspected on a daily basis using a relevant checklist prior to use by the authorised operator or user and these inspection findings are recorded in a register kept on the construction site; and
28. Construction employees’ facilities
(a) Shower facilities after consultation with the employees or employees representatives; or at least one shower facility for every 15 persons.
Construction Council
30.(1)The chief inspector of occupational health and safety shall establish a National Construction Council consisting of -
Construction Council a person who shall be the chairperson; two persons from the Department of Labour; two persons to represent the Department of Public Works
(Built Environmental Council and Construction Industry Development Board;
One person to represent Higher Education in the field of Construction and related studies
One person to represent the South African Property Owners Association;
Construction Council two persons to represent employers who are directly
involved in the construction industry – one from Civils and one from building;
two persons to represent the unions who are directly involved in the construction industry:
one person to represent the health and hygiene fraternity. One person to represent Consultants who are directly
involved in the construction industry;
Legal Appointments
in terms of the Construction Regulations
for the Construction Industry
Agent appointed by the Client
4. (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 person so appointed.
Principal Contractor appointed by the Client 4.(1) A client shall be responsible for the
following in order to ensure compliance with the provisions of the Act (c) to appoint each principal contractor in writing for
the project or part thereof on a construction site;
Construction Supervisor. 6.(1) Every contractor shall appoint a full-time
competent employee designated in writing as the construction supervisor, with the duty of supervising the performance of the construction work.
Assistant Construction Supervisors 6 (2) The contractor may in writing appoint one or more
competent employees to assist the appointed construction supervisor contemplated in subregulation (1), and every such employee shall, to the extent clearly defined by the contractor in the letter of designation, have the same duties as the construction supervisor: Provided that the designation of any such employee shall not relieve the construction supervisor contemplated in subregulation (1) of any personal accountability for failing in his supervisory duties referred to in terms of this regulation.
Safety Officer (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.
Risk Assessor 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
Formwork and Support work Supervisor. 10. A contractor shall ensure that (a) all formwork and support work operations
are carried out under the supervision of a competent person who has been appointed in writing for that purpose;
Excavation work Supervisor. 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.
Demolition work Supervisor 12.(1) A contractor shall appoint a competent
person in writing to supervise and control all demolition work on site.
Scaffold Supervisor 14 (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 Supervisor 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.
Material Hoist Supervisor. 8) A contractor shall cause every material
hoist (a)to be inspected on a daily basis by a competent
person who has been appointed in writing and has the experience pertaining to the erection and maintenance of material hoists or similar machinery.
Batch plants 18.(1) A contractor shall ensure that all batch
plants are operated and supervised by a competent person who has been appointed in writing.
Construction vehicles and mobile plant Supervisor. 21.(1) A contractor shall ensure that all
construction vehicles and mobile plants (j) are on a daily basis inspected prior to use, by a
competent person who has been appointed in writing and the findings of such inspection is recorded in a register.
Electrical installations Supervisor. 22. (e) a contractor shall ensure that the control
of all temporary electrical installations on the construction site is designated to a competent person who has been appointed in writing.
Stacking and storage Supervisor. 26. 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;
Fire precautions on construction sites 27. every contractor shall ensure that
(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;
End of Legal appointments
of
Construction Regulations
Statistical report on construction safety per province. Report of the Construction Blitz Inspections.
COMBINED BLITZ REPORT FOR MARCH AND APRIL 2007
Inspections Notices
Province
Number of Inspectors
Total W/Places Inspecte
d
# complyi
ng
Number not
complying
Improve-ment
Contravention Prohibition
Eastern Cape 45 204 85 119 0 113 9
Free State 48 245 129 116 13 79 24
Gauteng 47 101 38 51 2 67 23
Kwazulu Natal 50 303 180 10 232 15 4
Limpopo 9 49 12 37 0 37 4
Mpumalanga 40 635 451 184 5 150 51
North West 84 73 9 70 0 69 8
Northern Cape 38 121 9 112 1 111 27
Western Cape 13 178 62 116 2 387 22
Total 374 1909 975 815 255 1028 172
Overall statsMARCH AND APRIL 2008 AUGUST 2007
Total W/Places Inspected
# complying
Number not complying
Improve Contrav Proh
Total W/Places Inspected
Number complying
Number not complying Improve Contrav Proh
EC 204 85 119 0 113 9 136 24 102 0 106 14
FS 245 129 116 13 79 24 155 271 84 2 77 5
GN 101 38 51 2 67 23 57 21 35 8 40 2
GS 247 80 167 25 172 163
KZN 303 180 10 232 15 4 240 126 100 7 100 3
L 49 12 37 0 37 4 75 7 68 5 57 12
MPU 635 451 184 5 150 51 237 152 85 9 50 48
NW 73 9 70 0 69 8 56 22 32 5 27 23
NC 121 9 112 1 111 27 105 19 86 9 71 13
WC 178 62 116 2 387 22 107 37 70 16 315 4
TOTALS 1909 975 815 255 1028 172 1415 759 829 86 1015 287
Overall inspection picture
0
500
1000
1500
2000
2500
EC
FS
GN
GS
KZN
L
MPU
NW
NC
WC
TOTALS
Overall Picture
0100200300400500600700
EC
FS
GN
GS
KZN
L
MPU
NW
NC
WC
Workplaces inspected
0
100
200
300
400
500
600
700
March April TotalW/Places Inspected
August Total W/PlacesInspected
Notices served
0
50
100
150
200
250
300
350
400
450
MARCH APRILImprovement
MARCH APRILContravention
MARCH APRILProhibition
August Improvement
August Contravention
August Prohibition
Complying/not complying
0
50
100
150
200
250
300
350
400
450
500
MARCH APRIL # complying
MARCH APRILNumber notcomplying
August Number complying
August Number not complying