Across Border - Occupational Health & Safety

Master Builders KwaZulu-Natal is well known for its no-nonsense and pro-active approach towards Occupational Health & Safety. About a year ago, we launched a dedicated on-line OHS forum geared specifically to all matters relating to construction health and safety and in recent months, it has taken off tremendously with over 500 industry professionals, using it as a platform to exchange safety information.

“I need to compile a safety file for a South African contractor doing work in Swaziland, will there be any difference to our act and regulations? I am struggling to get information from their Labour Website. The main contractor is from Swaziland, but with no specification to the sub-contractor.” This is a question that was recently uploaded.

Association Health and Safety Adviser Neil Enslin informs us that those who have worked in other neighbouring countries have experienced much the same. 

Brandon Abdinor advocates that whatever the official safety requirements in Swaziland are (be they due to legislation, case law or any other prescribed standards), is what will need to be observed.

He advises that if the safety laws of a foreign land are not very detailed or prescriptive, then adherence to the South African safety legislation (which is well developed and detailed) would probably go a long way to demonstrating diligence, due care and reasonableness. He also states that it would be imperative to ensure none of the South African provisions contradict any of the foreign jurisdictions.

The advice that Neil gives is that if you can’t find any information pertaining to a particular country's OHS legislation, either from its government website, or from the Principal Contractor, the following should be adhered to:

1. Set up a meeting with the Principal Contractor and explain to them that due to a lack of information pertaining to OHS Legislation you will be using what is widely regarded as the world best OHS practices to maintain safety on site.
2. Use SA legislation and standards as the best practice model.
3. When referring to a particular section of the CR (Construction Regulation) do not use South African references such as CR6.1. Rather use terminology like Best Practice and Standards 6.1 and appoint the person with the same responsibilities, as you would on a site locally.

To join our Occupational Health & Safety Forum, follow this link:  http://safety.masterbuilders.co.za .

Ernest Roper | Webmaster