Proposed New Construction Regulations
 What impact will it have on the industry?
The promulgation of the current Construction Regulations under Government Gazette No. 25207 on the 18 July 2003 was the culmination of a lengthy process of consultation with the stake holders in the construction industry – approximately five years. Furthermore, the Regulations are based upon research and best practice internationally, South Africa included. It is hard to believe that these regulations have been in place for nearly more than six years.
We are now on the verge of seeing some substantial changes to these regulations. At a Minister of Labour’s Advisory Council Meeting (ACHOS) held on 12 August 2009 proposed amendments to the current Construction Regulations were approved. ACOHS agreed that the amendments be made to Construction Regulations and be published for comment. The amended regulations are currently at the state legal advisors and according to the newly appointed Chief Inspector, Thobile Lamati, we could see these new regulations out for public comment in the first quarter of 2010.
This article is intended to provide an opinion on one of the amendments that, when promulgated, will have the most impact on contractors and clients, as opposed to a detailed review of all the changes.
The single most important proposed change to the Construction Regulations, in my opinion is the introduction of a “permit” system:
Application for a Permit to Perform Construction Work
(1) A client who intends to have construction work carried out, shall fourteen days before that work is carried out, apply to the provincial director in writing for a permit to perform construction work if the intended construction work will
(a) exceed 30 days or will involve more than 300 person days of construction work
(b) includes excavation work
(c) includes working at a height where there is a risk of falling
(d) includes the demolition of a structure
(e) includes the use of explosives to perform construction
(2) The application to the provincial director contemplated in sub regulation (1) must be done on the form similar to Annexure 1 to these Regulations. The following conditions will apply:
(a) The provincial director will issue a permit to perform construction work and a site specific number for each construction site permitting the client to commence with construction work which number will, be displayed, at the main entrance to the site for which the number was issued;
(b) A permit will only be granted where the following documents, fully completed, have been submitted as it appears in regulation 4(1)(a); (b); (i) and proof is to be submitted in writing that the following has been complied with in regulation 4(1) (c); (d); (e); (f); (g); (h); (j)
(3) A client shall ensure that the principal contractor keeps a copy of the permit contemplated in sub regulation (1) in the occupational health and safety file for inspection by an inspector, client, client's agent or employee and that the unique number issued with the permit is displayed in an appropriate place at the entrance to the construction site
(4) Without derogating from sub-regulation 3 (1)(a), a client who intends to have construction work carried out, shall only commence with the construction work if a permit has been issued to the Client for the specific site by the provincial director in writing.
When one reads these proposed changes it's plain to see that the legislator’s intention is clear; get your ducks in a row or don’t get a permit to start construction work. Although the permit system is new; almost all the requirements to obtain the permit is not, e.g. risk assessments, safety specification, COIDA registration, appointment of contractor etc. These are all requirements under the current regulations but as we know it is often ignored. However if the permit system does come into place and the client has not applied for a permit, the contractor will not have a permit number to display at the main entrance of the site which will make it very easy for the Department of Labour Inspectorate to identify as a non compliant site.
We have been told by the Chief Inspector that should these regulations come into affect and a site does not display the permit number the site will be stopped. He assures us that he will have a dedicated team of competent inspectors available to enforce the new Construction Regulations.
Will the permit system improve Health and Safety in construction? Only time will tell, like with any piece of legislation, if not adhered to or not enforced it is not worth the paper it is written on. I do believe that the conditions when to apply for a permit will have to be refined as it could mean that minor work e.g. replacing gutters and painting would require a permit, I do not think that is the intention of the legislator..
Should you wish to see all the proposed changes to the Construction Regulations and engage in discussion, click through to our OHS Forum link New Construction Regulations.
Neels Nortjé | HEALTH AND SAFETY MANAGEr
Post Your Comments Here |
