NHG Exteriors Safety File Absail

List of emergency numbers
Hospital____________________________________
Ambulance_________________________________
Head Office_________________________________
Cell________________________________________
Construction supervisor______________________
H & S coordinator______________________________________
_________ __________________________________
Content of Health and Safety File
Section A
Monthly Working documents
1. Daily inspections
2. External audit safety inspection reports
3. First aid treatment form
4. PPE issuing form
5. Training record
a. Proof of induction training
b. Proof of toolbox talks
c. ___________________________
6. Fire equipment monthly inspector
7. Monthly tool/plant inspection register
8. Monthly first aid box inspection
9. _____________________________________
10. _____________________________________
11. _____________________________________
Section B
Records of Health and Safety documents
1. Site risk assessment

2. Site Safety specification
3. Health and Safety policy and plan
4. Proof of good standing with Compensation Commissioner
5. List of workers onsite and relevant medical certificates
6. List of contractors onsite
7. Copy of mandatory appointments
8. Fall Protection plan
9. Health and Safety appointments
a. Construction supervisor
b. Health and Safety officer
c. First aider, Fire fighter and equipment inspector
d. Incident investigator
e. Risk assessor
10. Method statements
a. General safety, equipment and tool inspection

b. Risk assessment
c. Critical job and work procedures observation
d. Safety talks
e. H&S meetings
f. Disciplinary procedures
g. Emergency procedures
h. Stacking and storage
11. Accident investigation

12. Plant safe work procedures
13. Company organogram
14. ___________________________________
Section C
Act and regulations
1. The Occupational health and Safety Act

2. Construction regulation
3. ____________________________________
4. ____________________________________
Section A
Monthly Working documents
1) Daily inspections
2) External audit safety inspection reports
3) First aid treatment form
4) PPE issuing form
5) Training record
a) Proof of induction training
b) Proof of toolbox talks
c) ___________________________
6) Fire equipment monthly inspector
7) Monthly tool/plant inspection register
8) Monthly first aid box inspection
9) _____________________________________
10)_____________________________________
11) _____________________________________
12)
Daily inspection
Date Site
Responsibl Date
Plant/Equipment Observation e person required
Generator 1
Generator 2
Generator 3
Generator 4
Drill 1
Drill 2
Drill 3
Drill 4
Extension cord 1
Extension cord 2
Extension cord 3
Extension cord 4
Grinder 1
Grinder 2
Grinder 3
Grinder 4
Ladder 1
Ladder 2
Ladder 3
Ladder 4
Inspector ______________________ Signature ___________________

First-aid treatment register
Date Name of Person Injury Treatment First aider
Personal Protective Equipment Issuing form

I, the undersigned hereby acknowledge that I have been issued with the Personal Protective Equipment
I understand that the equipment is issued to me free of charge and that I have to pay for the equipment
if I loose this equipment. I also understand that I am required by the Occupational Health and Safety Act
to wear this equipment and that I have received training and understand the reason for the use and the
proper use of this equipment.
Date ID Name Contractor Signature
Equipment received
Equipment received
Equipment received
Equipment received
Equipment received
Equipment received
Equipment received
Excavation request and authorisation sheet

Date: Requested by:
Job request details:
Signature
Name
Electrician information on cables in area of proposed excavation:
Signature
Name
Plumbers information on plumbing in area of proposed excavation:
Signature
Name
Site plan
drawing
Signature
Name
Induction training Sub-contractor
I, the undersigned hereby acknowledge that I have received induction training at
_______________________________________ construction site.
The Requirements of the Occupational health and Safety Act and all possible hazards on site, the safety
rules of this site and the consequences of non-compliance were explained to me. I have understood all
requirements and agree to comply with all requirements of the Act.
Date ID Name Signature

Company___________________________
Site______________________
Monthly tool/plant inspection register Date

Date ITEM COMMENTS RESPONSIBLE DATE
PERSON REQUIRE
D
First aid box monthly checklist 1 2 3 4 5 6
?/x Inspector ?/x Inspector ?/x Inspector ?/x Inspector ?/x Inspector ?/x Inspector
Item 1 Wound cleaner / antiseptic (100ml)

Item 2 Swabs for cleaning wounds
Item 3 Cotton wool for padding (100g)
Item 4 Sterile gauze (minimum quantity 10)
Item 5 1 pair of forceps (for splinters)
Item 6 1 pair of scissors (minimum size 100mm)
Item 7 1 set of safety pins
Item 8 4 triangular bandages
Item 9 4 roller bandages (75mm x 5m)
Item 10 4 roller bandages (100mm x 5m)
Item 11 1 roll of elastic adhesive (25mm x 3m)
Item 12 1 Non-allergenic adhesive strip (25mm x 3m)
Item 13 1 Packet of adhesive dressing strips (minimum quantity 10 sizes)
Item 14 4 First aid dressing (75mm x 100mm)
Item 15 4 First aid dressings (150mm x 200mm)
Item 16 2 Straight splints
Item 17 2 Pairs large and 2 pairs medium disposable latex gloves
Item 18 2 CPR mouth pieces or similar devices
Comment month 1
Comment month 2
Comment month 3
Comment month 4
Comment month 5
Comment month 6
Section B
Records of Health and Safety documents
1. Site risk assessment

2. Site Safety specification
3. Health and Safety policy and plan
4. Proof of good standing with Compensation Commissioner
5. List of workers onsite and relevant medical certificates
6. List of contractors onsite
7. Copy of mandatory appointments
8. Fall Protection plan
9. Health and Safety appointments
e. Risk assessor
10. Method statements
a. General safety, equipment and tool inspection

b. Risk assessment
c. Critical job and work procedures observation
d. Safety talks
e. H&S meetings
f. Disciplinary procedures
g. Emergency procedures
11. Accident investigation

12. Plant safe work procedures
13. Company organogram
14. ___________________________________
Site health and safety specifications
1) Each contractor is required to fulfill all requirements of the Occupational health and safety act
and its regulations with specific reference to the construction regulation and any other
applicable legislation or regulations for your scope of work.
2) Any contractor found in breach of any of these requirements can be prevented from
carrying on with the work they are busy with or could be fined, instructed to leave the site until
they comply fully, payment could be delayed until the contractor has complied with
requirements or their contract can be terminated.
3) As required by the Act, client/main contractor will perform periodic safety audits on the work,
equipment and content and continuous management of safety file each contractor onsite to
ensure that the contractors safety plan is properly implemented and maintained.
4) All contractors are required to appoint a competent, responsible person as site supervisor
who will be responsible to maintain SHE on the construction site.
5) The construction regulation requires that each contractor provide the client/main
contractor with a safety file in accordance with the Occupational health and safety act and the
construction regulations, which must contain record of at least the following.
i. All contractors are required to have proof of good standing with the unemployment
and compensation fund. Copy of this safety specification from main contractor A
complete risk assessment of the work to be done on the construction site starting
with the risks that your employees are exposed to through the work they perform.
Secondly, the risk they expose other persons to through the work they perform, and
the risks they are exposed to by other workers and work being performed by others
onsite.
iv. Written safety plan including work procedures to work safely in the risks they are
exposed to onsite, which has to be approved by the client/main contractor safety
coordinator.
v. Copy of monthly external audit by main contractor, non conformances and what you
have done to become compliant.
vi. Copy of mandatary agreement with main contractor.
vii. Copy of this safety specification
viii. A fall protection plan is required by all contractors who have workers working above
2,5 meter height and workers must have a medical certificate stating that they are fit to
work at height.
ix. After the risk assessment, the contractor is required to provide their workers with
safety boots, hard hats, gloves, safety goggles, safety harnesses or any other
Personal Protective Equipment that is needed to perform the work safely.
x. Furthermore the Act requires that each contractor give training in the need for and
the proper use of and the action that will be taken against any employee that does
not comply with this requirement.
xi. Each contractor is required to have trained safety representative, first aiders, fire
fighters to ensure compliance with the regulations.
xii. A list of names and ID numbers of all workers onsite
xiii. Proof of all training and training competence of all legal appointed persons and
workers.
xiv. Tool registers
xv. All workers are required to undergo client/main contractor site induction training and
an access card will only be issued to persons who have an RSA ID document or a
legal passport and a valid work-permit. ID document, passport and work permit must
be handed in to the site induction office for the issuing of the access card. The access
card must be on the person and presented for entry onto the site and any person
found onsite without the card will be required to leave the site immediately.
xvi. Safety inspection and safe work procedure lists must be in the safety file and
completed on a regular basis as required by the regulation for the type of risk the
contractors workers are exposed to.
xvii. Compulsory First aid kit is required if the contractor has more than 10 persons onsite and fire extinguishers
if the work that is being done has a fire risk.
xviii. First aid treatment register.
xix. List of emergency number for any emergency onsite.
xx. Emergency plan
xxi. Accident investigation procedures and copies of investigations.
xxii. List of hazardous chemicals being used and MSDS for those chemicals.
xxiii. All crane operators, construction plant/vehicle operators must have proof of competency and also be
in possession of a medical fitness certificate.
xxiv. A section for all non-compliance that has been reported to client/main contractor safety coordinator.
xxv. All appointment letters of health and safety rep, first aider and fire fighter, Person responsible for SHE
inspections, person responsible for fall protection plan, risk assessment, Scaffolding assemblers and
inspector, site supervisor and other appointments as required by the act and by the risk assessment.
xxvi. Housekeeping procedures.
xxvii. Fire prevention procedures.
xxviii. Procedures for disciplinary action taken for workers non compliance.
xxix. Copy of the act and construction regulations.
It is also the responsibility of the contractor to ensure that all workers used on this site are competent to do the work
they are required
Health and Safety Policy Statement
NHG Exteriors is committed to preventing the accidental loss of any of its resources, including
employees and physical assets.
In fulfilling this commitment to protect both people and property, management will provide and
maintain a safe and healthy work environment, in accordance with industry standards and in
compliance with legislative requirements, and will strive to eliminate any foreseeable hazards
which may result in property damage, accidents, or personal injury/illness.
We recognize that the responsibility for health and safety are shared. All employees will be
equally responsible for minimizing accidents within our facilities and on our work sites. Safe
work practices and job procedures will be clearly defined in the companys Health and Safety
Manual for all employees to follow.
Accidental loss can be controlled through good management in combination with active
employee involvement. Safety is the direct responsibility of all managers, supervisors,
employees, and contractors.
All management activities will comply with company safety requirements as they relate to
planning, operation and maintenance of facilities and equipment. All employees will perform their
jobs properly in accordance with established procedures and safe work practices.
I trust that all of you will join me in a personal commitment to make safety a way of life.
Signature Date
Version 1.0
*The safety information in this policy does not take precedence over Occupational Health and
Safety legislation. All employees should be familiar with the Occupational Health and Safety Act
and the Regulations for Construction Projects (current edition).
NHG EXTERIORS HEALTH AND SAFETY PLAN
INDEX
1 Introduction
2 Training
3 Management & Supervision
4 Risk Assessments
5 Fire Precaution
6 Stacking and Storage on Site
7 Personal Protective Equipment and Clothing
8 Reporting of Incidents
9 Recording & investigation of Incidents
10 Health and Safety Representatives and safety Committee
11 Emergency Procedures
12 Gas Welding & Cutting
1 Introduction
a) NHG EXTERIORS has implemented a Health and safety program as required by the
occupational health and Safety act to ensure a safe and healthy workplace that will not be of any
harm to the environment.
b) The Health and Safety program makes provision that a copy of the following legislation are
made available:
* Occupational Health & Safety Act 85 of 1993

* Construction Regulations 2003
c) A Health and Safety file with all the necessary legal documentation and inspection registers
for use to comply with the provisions of the regulations will be available on site for inspection.
d) A personal file of each employee reflecting name, ID, job description and medical certificate if
applicable is available on site.
2 Training
a) General employee induction for type of work done by NHG EXTERIORS will be done on a
continuous basis with all administration and technical staff.
b) Specific site induction has been developed for employees that work onsite which includes
safety, the requirements and all possible risk(s)/hazard(s} that exist or may exist on site.
c) Before commencement of new contract the Health and safety coordinator will visit the site, do
a risk assessment and ensure that the existing induction training covers all aspects pertaining to
the new site.
d) Proof of such induction are kept on file at the site.
e) Only competent personnel are employed to work on projects and are properly inducted,
instructed and trained.
3. Management & Supervision
a) To ensure continuous compliance each project site will have an appointed SHE representative
as part of the full time staff.
b) Each site has an appointed competent person to manage and supervise work on each
project.
c) NHG EXTERIORS work procedures ensure that any construction work on the project is
always carried out under the supervision of competent persons.
d) All appointments of relevant persons are in writing and appointment letters will be kept in the
Health & Safety file of each site.
e) All after hours or weekend work are carried out under competent supervision.
4. Risk Assessments
a) NHG EXTERIORS Health and Safety program has a comprehensive risk assessments and
safe work procedures program.
b) A competent person is appointed to carry out risk assessments before the commencement of
any work on the project.
c) The identification of all risks and hazards on any project to all workers, sub-contractors,
visitors, the public and the environment will be completed before any work starts.
d) A full evaluation and report of said risks and hazards will follow any risk/hazard assessment.
e) A documented plan of safe work procedures will be drawn up for all normal work and for any
new work with hazards not yet provided for. This plan will indicate how these risks/hazards are
to be mitigated, reduced, controlled and managed.
f) A copy of these risk assessments pertaining to any site will be readily available on site.
g) The Health and safety program ensures that the safe work procedure, established through
risk assessments, are properly communicated to those employees concerned.
h) Where applicable, monthly safety audits will take place on behalf of NHG EXTERIORS to
establish if sub-Contractors Health and Safety plan is implemented and maintained on the work
site.
i) Copies of such reports will be made available to the sub-contractor
5. Fire Precautions
NHG EXTERIORS Health and Safety program makes provision that:
* Appropriate measures are taken to avoid the risk at fire on the site.
* Sufficient, safe, and suitable storage is provided for flammable liquids and gasses.
* Smoking is prohibited and notices to this regard are displayed
* Off cuts, materials, plastics, paper and other materials are not allowed to accumulate on site1
but removed on a daily basis,
* That any welding/flame cutting operations are done in a safe manner and that a fire
extinguisher is readily available,
* A sufficient number of persons on site are trained in the use of fire extinguishing equipment
* There is an effective evacuation plan in place.
.
6. Stacking & Storage
a) NHG EXTERIORS Health and Safety program makes provision that adequate storage areas
are provided and that;
i) storage areas are kept neat and under control
ii) all flammables to be stored separately and the necessary precautions are taken to
prevent a fire or explosion
iii) good housekeeping principals are implemented and maintained in storage areas
7. Personal Protective clothing and Equipment
a) NHG EXTERIORS Health and Safety program makes provision for a risk assessment to be
done on site, taking into account the nature of the hazards involved in working on each specific
contract and provision;
i) To limit these risks as far as possible
ii) Inform workers and provide them with PPE free of charge
iii) Provide continuous training, exercise control and enforce the wearing of PPE where
necessary.
iv) Instruct employees in the proper use, maintenance and limitations of the safety
equipment.
v) A document with all of the above information and the signature of the relevant workers
will be kept in the site safety file.
8. Reporting of Incidents
a) NHG EXTERIORS Health and Safety program makes provision for all incidents occurring on
site and arising out of or in connection of the activities of persons at work, or in connection of the
use of plant or machinery, be reported to the Inspector as required by Section 24(1) & (2) of the
Act.
b) Such notification shall be in the form of WOL 1 and WCL 2 as the case may be.
c) Fatalities or very serious incidents will immediately be reported to the Inspectorate.
9. Recording & Investigation of Incidents.
a) NHG EXTERIORS Health and Safety program makes provision for every incident to be
investigated by the Health and safety committee.
b) The reporting of incidents shall be in the form of WCL 2 and be competed within seven days
of the incident and finalized as soon as reasonable practicable.
10. Health and Safety Representatives and Safety Committees
a) Health & Safety Representatives have been appointed and trained as per requirements of
Section l7 of the Act.
b) The Health and Safety program makes provision for Health and Safety Representatives to do
monthly safety inspection and risk assessments where necessary of each site and workplace.
c) The results of safety inspections, risk assessments and reports are kept in the safety file on
site.
d) As per requirement of the act all Health and Safety Reps will form part of the NHG Exteriors
site Safety Committee.
11. Emergency Procedures
a) An emergency contingency plan is drawn up for each site in case of an emergency.
b) Emergency procedures will be communicated to all employees during company induction.
d) Qualified fire fighters with relevant equipment to be trained and will be available on each site.
e) A list of emergency telephone numbers is placed in conspicuous place in the site office.
12. Gas Welding & Cutting
The Health and Safety program makes provision to make available any safety information to
those persons/ sub-contractors who have to carry out gas welding & cutting operations.
Proof of good standing with compensation commissioner
List of workers onsite
SITE Date
Co number NAME SURNAME ID
Relevant medical certificates
List of contractors onsite
Copies of mandatory agreements
MANDATARY APPOINTMENT PRINCIPAL CONTRACTOR AND SUB-CONTACTORS TERMS THE
SECTION 37 OF THE OCCUPATIONAL HEALTH AND SAFETY ACT, NUMBER 85
OF 1993 AS AMENDED
In terms of the above-mentioned Act:

I, ____________________________________ of NHG EXTERIORS appoint you
________________________ as sub-contractor responsible for ______________________________
construction site.
The appointment is valid from ____________________ until ____________________
1) As a contractor you are required to fulfill all requirements of the Occupational health and safety act and its
regulations with specific reference to the construction regulation and any other applicable legislation or
regulations for your scope of work.
2) If you or your workers are found in breach of any of these requirements, you can be prevented from
carrying on with the work you are busy with or you will be fined, instructed to leave the site until you comply
fully, payment could be delayed you have complied with the requirements or your contract can be
terminated.
3) As required by the Act, NHG Exteriors will perform periodic safety audits on the work, equipment and
content and continuous management of safety file onsite to ensure that your safety plan is properly
implemented and maintained.
4) You are required to appoint a competent, responsible person, in writing as site supervisor who will be
responsible to maintain SHE on the construction site.
5) The construction regulation requires that you provide NHG Exteriors with a safety file in accordance with
the Occupational health and safety act and the construction regulations, which must contain record of at
least the following.
i. Proof of good standing with the unemployment and compensation fund.
ii. A copy of this safety specification from NHG Exteriors.
iii. A complete risk assessment of the work to be done on the construction site starting with the
risks that your employees are exposed to through the work they perform. Secondly, the risk
they expose other persons to through the work they perform, and the risks they are exposed to
by other workers and work being performed by others onsite.
iv. Written safety plan including work procedures to work safely in the risks they are exposed to
onsite, which has to be approved NHG Exteriors safety coordinator.
v. Copy of monthly external audit by NHG Exteriors, non conformances and what you have done
to become compliant.
vi. Copy of mandatary agreement with NHG Exteriors.
vii. A fall protection plan is required if you have workers working above 2,5 meter height and
workers must have a medical certificate stating that they are fit to work at height.
viii. After the risk assessment, you are required to provide your workers with safety boots, hard
hats, gloves, safety goggles, safety harnesses or any other Personal Protective Equipment
that is needed to perform the work safely.
ix. Furthermore the Act requires that you train your workers in the need for and the proper use of
and the action that will be taken against any employee that does not comply with this
requirement.
x. You are required to have trained safety representative, first aiders, fire fighters to ensure
compliance with the regulations.
xi. A list of names and ID numbers or passport numbers with valid work permit of all your workers
onsite.
xii. Proof of all training and competence of all legal appointed persons and workers.
xiii. Tool registers.
xiv. All workers are required to undergo NHG Exteriors site induction training.
xv. Safety inspection and safe work procedure lists must be in the safety file and completed on a
regular basis as required by the regulation for the type of risk your workers are exposed to.
xvi. Compulsory First aid kit is required if you have more than 10 persons onsite and fire
extinguishers if the work that is being done has a fire risk.
xvii. First aid treatment register.
xviii. List of emergency number for any emergency onsite.
xix. Emergency plan.
xx. Accident investigation procedures and copies of investigations.
xxi. List of hazardous chemicals being used and MSDS for those chemicals.
xxii. All crane operators, construction plant/vehicle operators must have proof of competency and
also be in possession of a medical fitness certificate.
xxiii. A section for all non-compliance that has been reported to client/main contractor safety
coordinator.
xxiv. All appointment letters of health and safety rep, first aider and fire fighter, Person responsible
for SHE inspections, person responsible for fall protection plan, risk assessment, Scaffolding
assemblers and inspector, site supervisor and other appointments as required by the act and
by the risk assessment.
xxv. Housekeeping procedures.
xxvi. Fire prevention procedures.
xxvii. Procedures for disciplinary action taken for workers noncompliance.
xxviii. Copy of the act and construction regulations.
It is also the responsibility of the contractor to ensure that all workers used on this site are competent to do the work
they are required
Signature: _________________ Designation: ______________________

(For NHG EXTERIORS)
Date: _____________________________
ACCEPTANCE
I _______________________ accept this appointment on behalf of _____________________.

(Person designated by company) (Company)
I am familiar with my duties and responsibilities and the consequences of non compliance with the rules
and regulations.
Signed: _______________ Date: ________________

Fall protection plan
1________________________ is the person responsible for the fail protection plan for
_______________________ construction site.
2. The appointed person will have the responsibility to keep the fall protection plan updated with
the conditions onsite on a regular basis and to ensure that all relevant persons have a copy
of the updates at all times.
3. Control measures (risk assessment and training)
Daily inspection should point to new and existing risks that need attention and special training.
Special attention should be given to working at heights when daily inspections are done. Training
needs should be assessed and special training should be done with workers that does not work
safe at height.
4. Risk assessment of all work at heights
The person responsible for the fall protection plan will have the responsibility to do the risk
assessment on the construction site before any construction commences. This will be done in
consultation with the engineer, site construction manager, land surveyors, project manager,
relevant subcontractors and architect.
5. Evaluation process of workers working at height (medical) where a medical certificate will be
required of the following workers:
Roof workers
Scaffold workers
Persons working on ladders at heights above 2.5 meter
Crane operators
Any situation where a person is required to work at limited protected height for
more than 10 minutes at a time on a regular basis
6. Training requirements, program and record keeping
A person who have received training in the safe erection and inspection of scaffolding will be
appointed on the site
Site induction training is compulsory for all workers that work onsite
Job specific Safe work procedure training will be given to all persons exposed to hazards of
working at height.
7. Inspection, testing, maintenance and records program for all fall protection
equipment must be kept by the relevant contractor
Edge fall protection equipment
Fall protection harnesses
8. Fall prevention methods (safe work procedures)
A. Roof work
I. Planning
The roofwork contractor/supervisor is responsible to do a risk assessment on

the scope of the roofwork to be done on the Evander construction project.
Using this information, plan the job at hand taking into consideration the pre-
requisites of the Act and construction regulations and present this plan to the
person responsible for the fall protection plan and the project manager for
approval before any work commences
II. After the risk assessment, the responsible person for fall protection Pieter
Herbst will in consultation with the project manager draw up the minimum
requirements for roofwork fall protection plan for all work to be done on the
specific type of roof to be fitted to the building being constructed.
III. Workers competency
The roof contractor/supervisor has to provide the site manager proof of the
competency of all workers involved in roofwork, which proof will be kept in
the safety file
IV. Adverse weather condition rules
All roofwork shall be suspended immediately when the following weather

conditions occur:
a) Strong or erratic wind conditions
b) Dust storms
c) Rain or hail
d) Lightning
V. Safety Signs and entry prevention
All areas directly below roofwork must be properly barricaded and

appropriate signs placed in conspicuous places warning persons of
work overhead and points of entry to roofwork must have correct
signs warning persons that un-authorised entry is prohibited
VI. Walkways, passages, verandas and openings at height
a) All walkways, passages, verandas and openings must be barricaded

and marked to prevent persons from falling from height
b) All walkways, passages, verandas and openings must be kept clear
from rubble, building material, tools or any objects that could be
accidentally pushed over the edge and fall on workers below
9. Emergency procedures
Try to make contact with the casualty to establish if they are conscious or unconscious. If they
are unconscious then time is of the essence.
Contact the emergency services and request an ambulance and fire/rescue support. Inform
them of the exact address, location and site contact details of where you are working. Confirm
that you are trained and competent to commence the rescue procedure.
Call your site contact and inform them of the situation and that you have already contacted the
emergency services. Request they bring a competent First Aider to assist you at ground level
by receiving the casualty.
Before commencing the actual rescue ensure you are safely connected to an alternative
suitable anchorage point (where possible). Ensure you work in fall restraint at all times whilst
conducting the rescue procedure.
Ver 1.0 Dated: ________________
Signed: _____________________
All Health and Safety appointments
e. Risk assessor
APPOINTMENT CONSTRUCTION SUPERVISOR
TERMS THE CONSTRUCTION REGULATIONS OF THE OCCUPATIONAL HEALTH AND SAFETY
ACT, NUMBER 85 OF 1993 AS AMENDED
I,__________________________ of NHG EXTERIORS appoint you .. as
construction supervisor responsible the ________________________________ construction site.
The appointment is valid for the period of _________________________________
Your responsibilities are as follows:
1. Keep up to date with the relevant Health and safety data

2. Ensure ongoing compliance with the Act
3. Report deviations in accordance with to the Act to management
4. Keep updated on health and safety conditions onsite
5. Take disciplinary action for non compliance with the Act and regulations
Signature:
(For NHG EXTERIORS)
Designation:
Date:
ACCEPTANCE
I accept this appointment. I am familiar with the Act
and regulations and the associated duties and responsibilities.
Signed: Date:
APPOINTMENT OF SITE SAFETY OFFICER IN
TERMS OF SECTION 17 OF THE OCCUPATIONAL HEALTH AND SAFETY ACT, NUMBER 85 OF
1993 AS AMENDED
I,__________________________ of NHG EXTERIORS appoint you _______________________
as Health and Safety Representative responsible for
_______________________________ construction site.
The appointment is valid from ____________________ until _____________________
1. Perform duties in terms of Sections 17, 18, 19 and 20 of the Act and GAR 7 and 8.
2. Carry out inspections at the frequencies as prescribed.
3. Report deviations in accordance with legal requirements
4. Take part in accident investigations when required.
5. Have Health and Safety meeting with management, contractors and workers at regular intervals,
but at least monthly.
6. Attend all appropriate training in terms of Section 13 of the Act.
Signature:
(For NHG EXTERIORS)
Designation:
Date:
ACCEPTANCE
Signed: Date:
APPOINTMENT FIRST AIDER, FIRE FIGHTER AND EQUIPMENT INSPECTION TERMS OF THE
OCCUPATIONAL HEALTH AND SAFETY ACT, NUMBER 85 OF 1993 AS AMENDED
I,__________________________ of NHG EXTERIORS appoint you _______________________
as first aider and fire fighter and equipment inspector responsible for ________________________
construction site.
The appointment is valid from ___________________ until ____________________
1. Keep up to date with the relevant first aid and fire fighter data
2. Inspect and ensure adequate first aid/ fire fighting equipment
3. Report deviations in accordance with legal requirements .
4. Attend all appropriate training.
5. Take action for the prevention of fire onsite.
Signature:
(For NHG EXTERIORS)
Designation:
Date:
ACCEPTANCE
Signed: Date:
APPOINTMENTOF ACCIDENT INVESTIGATOR
I,__________________________ of NHG EXTERIORS appoint you Pieter Herbst as accident
investigator responsible for the __________________________ construction site.
The appointment is valid for the period of ________________ to ____________________
1. Control the scope of investigation

2. Call and preside investigation meetings
3. Assign tasks and establish timetables
4. Ensure that no potentially useful data source is overlooked
5. Keep site management advised of the progress of the analysis process
6. Determine the facts
7. Determine the cause
8. Make recommendations on corrective actions and system improvements
9. Communicate investigation results
Signature: Designation:
(For NHG EXTERIORS)
Date:
ACCEPTANCE
I Pieter Herbst accept this appointment. I am familiar with the
relevant Act and regulations and the associated duties and responsibilities.
Signed: Date:
APPOINTMENT OF PERSON RESPONSIBLE FOR RISK ASSESSMENT
I,_________________________ of NHG EXTERIORS appoint you ________________________
as person responsible for risk assessment responsible for __________________________
construction sit.
The appointment is valid from ____________________ until _____________________
1. Identify risks in the workplace

2. Complete risk assessment
3. Make recommendations to mitigate hazards and risks onsite
4. Report on non-compliance and deviations from the risk assessment to management
5. Update risk assessment when circumstances onsite change
6. In consultation with the H & s coordinator, make recommendations on elimination /reduction
options
Signature:
(For NHG EXTERIORS)
Designation:
Date:
ACCEPTANCE
I Pieter Herbst accept this appointment. I am familiar with the Act and regulations and the associated
duties and responsibilities.
Signed: Date:
NHG Exteriors method statements of procedure to ensure continuous compliance
with the Occupational health and Safety Act through:
a. General Safety, Equipment and tool inspections

b. Risk assessments
c. Critical job and work procedure observations
d. Safety talks
e. H & S meetings
f. Disciplinary procedures and actions
g. Emergency procedure
h. Stacking and storage procedures
j. Accident/incident investigation
a. INSPECTIONS
1. PURPOSE
To ensure that inspections by Health and Safety Representatives, Managers or Supervisors is

carried out monthly and records kept of non-compliance with a copy to Chairman of Safety
Committee.
2. SCOPE
All areas
3. DEFENITION
Health and Safety inspections should be a structured method of checking equipment, tools,
PPE, areas, vehicles and work procedures on a regular basis i.e. daily, weekly, monthly, to
ensure safety in the workplace.
A monthly inspection must be performed the Health and Safety Representatives, Managers or
Supervisors of their own area of responsibility and in accordance with the safety and
housekeeping audit checklists.
Records must be kept of the inspections and feedback given at Health and Safety Committee
meetings.
Results can be used for competitions purposes, with rewards to the departments with the
highest scores.
4. Method
How do I identify workplace hazards?
A job hazard analysis is an exercise in detective work. Your goal is to discover the following:
What can go wrong?

* Any situation that could cause an accident?
To make your job hazard analysis useful, document the answers to these questions in a
consistent manner.
Describing a hazard in this way heips to ensure that your efforts to eliminate the hazard and
implement hazard controls help target the most important contributors to the hazard.
Good hazard scenarios describe:
Where it is happening (environment),

Who or what it is happening to (exposure),
What precipitates the hazard (trigger),
The outcome that would occur should it happen (consequence), and
Any other contributing factors.
Rarely is a hazard a simple case of one singular cause resulting in one singular effect. More
frequently, many contributing factors tend to line up in a certain way to create the hazard.
5. RECORDS
Copies of all inspection lists must be kept in the health and safety file.
6. RESPONSIBILITY/AUTHORITY
Health and Safety Representatives

Managers
Supervisors
b. Risk assessments
Risk
Risk means the probability that a hazard can result in injury or damage.
The word risk deals with the aspect of probability or likelihood for danger to exist and risk
must always be the indicator for the action to be taken.
The risk in the workplace relates to:
Employee safety Public safety

Environmental damage
Damage to plant or machinery
The purpose of risk assessment
The purpose of risk assessment is to identify all hazards or potential hazards in the
workplace and evaluate the risk of injury or damage as a result of these hazards.
Risk assessment
Risk assessment is a predefined, structured method developed to compare the severity of

the impact to the company, of one hazard as opposed to another, (ranking)
The health and safety representatives must be able to identify risks in the workplace.
Risk assessment plan
1) It is important to keep the process as simple as possible, but it must also be practical
2) Involve the workers as they know the conditions
2) Plan your actions and work your plan, have a system, which will identify all possible
risks
3) Segment the workplace into workable size
4) Only identify risk that could cause damage or injury
5) Do a proper analysis on all the information gathered
6) Identify hazards
3) Take into account the existing controls when assessing the risk arising from the
hazards that are present
9) Assess the risk to all people that may be affected by the companies operations
10)Keep record of assessments, assumptions and recommendations
11)Repeat this exercise periodically
The best way to ensure success is to develop an in-house risk assessment protocol for the
company.
Hazards
These can be described as conditions in the work place that by their nature are liable to lead
to an accident. Examples are:
1. Poor or unsafe design/construction

2. Disorder and haphazard (inadequate) planning
3. Lack of machine or other guards
4. Defective working conditions, such as rough, sharp or slippery surfaces
5. Poor factory layout with inadequate or poorly marked walkways and exits
6. Overcrowding in workshops
7. No personal protective equipment (PPE)
8. Unsafe ventilation
9. Unsafe lighting
10. Storage of hazardous substances
Hazardous conditions do not always cause an accident but if left unattended the
potential is there for an accident
The problem with hazardous conditions is that they are continually being created. The battle
against hazardous conditions is on-going and can be extremely frustrating, but it is
management's duty to maintain a safe work environment. To eliminate hazardous conditions,
management must create a positive attitude amongst the workforce towards safety
procedures. A system of periodic inspections can be implemented to control and eliminate
unsafe acts and conditions.
c. Critical job and work procedure observations
What is a critical job observation?
A critical job observation is a technique that focuses on job tasks as a way to identify hazards
before they occur. It focuses on the relationship between the worker, the task, the tools, and
the work environment. Ideally, after you identify uncontrolled hazards, you will take steps to
eliminate or reduce them to an acceptable risk level.
Why is critical job observation important?

Many workers are injured and killed at the workplace every day. Safety and health can add
value to your business, your job, and your life. You can help prevent workplace injuries and
illnesses by looking at your workplace operations, establishing proper job procedures, and
ensuring that all employees are trained properly. One of the best ways to determine and
establish proper work procedures is to conduct a critical job observation. A critical job
observation is one component of the larger commitment of a safety and health management
system.
What is the value of a critical job observation?
Supervisors can use the findings of a critical job observation to eliminate and prevent hazards
in their workplaces. This is likely to result in fewer worker injuries and illnesses; safer, more
effective work methods; reduced workers' compensation costs; and increased worker
productivity. The analysis also can be a valuable tool for training new employees in the steps
required to perform their jobs safely. For a critical job observation to be effective,
management must demonstrate its commitment to safety and health and follow through to
correct any uncontrolled hazards identified. Otherwise, management will lose credibility and
employees may hesitate to go to management when dangerous conditions threaten them.
What jobs are appropriate for a critical job observation?
A critical job observation can be conducted on many jobs in your workplace. Priority should
go to the following types of jobs:
Jobs with the highest injury or illness rates;

Jobs with the potential to cause severe or disabling injuries or illness, even if there is no
history of previous accidents;
Jobs in which one simple human error could lead to a severe accident or injury;
Jobs that are new to your operation or have undergone changes in processes and
procedures; and
Jobs complex enough to require written instructions.
d. Safety talks
Safety talks are a very important part of training, as it ensures that employees are continuously made
aware of workplace hazards. Safety talks should also include information about general safety away
from work, i.e. fire risks, chemical safety, security, etc.
Safety talks should:
=> be held regularly (this will depend on the type of work done by the company)
=^> on topics that are relevant and pertains to the specific working environment
=> should be held as short and to the point as possible => made as interesting
as possible => encourage participation => must make a difference
To ensure success, it is important to have a program with fixed dates or days on which to
hold talks and remember to keep it simple and to the point.
e. H & S meetings
Health and Safety committee
THE PURPOSE OF HEALTH AND SAFETY MEETINGS
Regular, well planned, health and safety meetings attended by motivated and well-
prepared members will ensure the effectiveness of the health and safety program.
Meetings must be well controlled and focused on the topic at hand and should never
become a waist of time. The chairman must control the meeting and see to it that only
topics pertaining to health and safety is discussed and that the meetings are not dragged
out unnecessary.
THE MEETING
It is the chairman's responsibility to ensure that the objectives of the health and safety
meeting are achieved and it is therefore important that he is well prepared for the
meetings. The success will depend on the participation of all the members and the
chairman must promote participation by all.
Meetings must where practicable be attended by all Health and Safety Representatives.
Meetings must be held when the need arises but at least quarterly, Engineering,
Manufacturing and Service Departments monthly and Administrative departments every
three months or if requested by workers as per section 19 of the act.
Each health and safety committee must have an appointed chairman who
will convene and lead these meetings.
The Chairman of the committee will be responsible for the following:
Minutes of meetings must also be distributed to senior management and placed on the
Health and Safety notice boards.
The Health and Safety representatives of the various departments must discus the result
and findings of the meetings with all workers.
The Monthly Safety Inspection Reports must be discussed at these meetings and should
include the following:
Inspection finding or non conformances

Action required column
Person responsible to carry out the action/s
Planned completion date
Actual completion date
Once the findings or non-conformances have been rectified or completed the minutes must
be updated to the effect and forwarded to management.
2) Management H & S meetings
The act requires that the CEO/ employer must ensure that the health and safety program exists, is
effective and enforce it.
Management cannot sit back and leave the responsibility to the Health and safety committee
without being held responsible when a person is injured or killed.
It is therefore important that management stays up to date with the compliance of the
company as part of their normal tasK.
Therefore the health and safety committee must have regular meetings with management
and it is management's responsibility to ensure that these meetings take place and that they
have all the relevant information.
Remember: The CEO is ultimately responsible and cannot delegate his

responsibility
f. Enforcement (disciplinary procedures and actions)
Enforcement of the act take place through identifying persons or companies who are in non
compliance with the act and the safety rules through daily, monthly and other inspections
performed by the appointed inspectors.
If a person is found in non conformance, they are stopped from working and in the presence
of their supervisor are questioned about their non conformance to establish why they are
acting unsafe.
Thereafter the correct procedures are explained and they are given the opportunity to ask
questions to ensure that they understand what is required of them.
If the problem is resolved in this way, the worker/ contractor are allowed to return to work and
they will be observed to ensure that they understand and are working safe.
If the non compliance carries on from a person or more of a contractor workers have the
same problem or the act is of high risk, a non compliance notice is issued to the company.
All non compliances are discussed at the monthly site contractors meeting.
g. EMERGENCY PROCEDURE
It is necessary to always be Alert and Prepared for any emergency situation.
In all emergency situations it is important to follow instructions given to you by your block team leader or a
person placed in charge
REMAIN CALM - DO NOT
PANIC FIRE
If you discover a fire you must immediately:
Make alarm and notify your team leader, who must notify your Site supervisor and submit
following information:
Location of Fire
Extent of Fire
With the aid of a second person attack the fire with a fire extinguisher or hose reel
Attempt to extinguish the fire until the arrival of the Fire Team Do not place
yourself in danger If the fire cannot be controlled, close doors and get out
Move to the emergency assembly point and stay there for further
instructions from the emergency controller.
EXPLOSIONS
In the event of an explosion:
Make alarm and take cover by failing face down on the floor.
Emerge only from this cover when instructed to, or after the situation has stabilized.
If you have knowledge of first aid, give assistance,
Unless it is necessary to save a live, DO NOT TOUCH OR REMOVE any objects as

devices might still be explosive or you may destroy valuable clues.
Move to the emergency assembly point and stay there for further instructions from the
emergency controller.
Site evacuation plan with marked emergency assembly point is placed at a conspicuous
place, close to the fire equipment and first aid boxes and copy is kept in safety file.
When the site is being established, the site supervisor and the storeman will do a site survey
to establish the best position for the stores to be situated and also where the bulk materials
such as cement, sand, stone, bricks etc; should be placed.
The positions should be chosen where the least chance exists for breakages, theft and injury
to persons or property. Travel routes for delivery vehicles should be taken into consideration
and public traffic safety and interference with normal traffic should take highest priority.
Once these areas have been established, they should be properly demarcated and signs put
up.
Storage areas should be kept clear and housekeeping should be kept updated.
Accident/incident investigation
PROCEDURES FOR INVESTIGATING AN EMPLOYEE ACCIDENT
Site: Date of accident: Time of accident:
1. Check the scene and ensure that you have done the following.
a) Secure the scene as necessary to prevent further injury to others and
protect evidence.
Details:
b) Carefully examine the accident scene for accident victims, ensure that
you find all accident victims.
Details:
c) Take care of casualties, i.e.

Remove from hazard, etc;
Details:
First aid
Details of injuries:
1)
2)
3)
4)
Contact emergency services if injuries justifies Local number
Give the following details: Who are you, where are you phoning from, Adress,
Number ofinjured, Details of injuries
Take down details
Names and details of injured
Name: Employer: Company tel nr:
Type of work: Injuries:



Name of site manager Name of site foreman
Name of direct supervisor
Was supervisor onsite when accident happened
Was work done under supervision
Was there any damage to proporty
Names and contact numbers of witnessess
Remember to separate witnessess and ask them not to discuss the
accident with other witnessess
2. Record the details of the accident scene.

Diagram of scene
Photograph of scene
Videotape of scene
3. Document observations. (Who, What, Where, When, Why and How)
(WHAT DID YOU SEE)a) Make notes on your own obsevation at the scene of
the accident
b) Record specific job procedures/equipment that were used

Were correct procedures followed
Was the employee trained in those procedures
Where there any unsafe conditions, i.e. defective tools or weather conditions.
Witness report
Site Name: Date:
Remember to reassure them and explain that it is a fact finding mission
What did you see?
What did you hear?
Where there other persons involved?
When did it happen?

Where did it happen?
Where were you when it happened?
What were you doing when it happened?
Did you see any unsafe work procedures?
Were there defective equipment?
Did you see the superviser when the accident happened?
Did the injured wear PPE?

Site supervisor report
Site Name: Date:
What did you see?
What did you hear?
When did it happen?


Direct supervisor report
Site Name: Date:
What did you see?
What did you hear?
When did it happen?


Section C
Act and regulations
1. The Occupational health and Safety Act
2. Construction regulation
REPUBLIC OF SOUTH AFRICA
No. 85 of 1993: Occupational Health and Safety Act

as amended by
Occupational Health and Safety Amendment Act, No. 181 Of 1993
ACT
To provide for the health and safety of persons at work and for the health and safety of
persons in connection with the use of plant and machinery; the protection of persons other
than persons at work against hazards to health and safety arising out of or in connection
with the activities of persons at work; to establish an advisory council for occupational health
and safety; and to provide for matters connected therewith.
_________________
(English Text Signed By The State President)
(Assented To 23 June, 1993)
__________________
BE IT ENACTED by the State President and the Parliament of the Republic of South Africa,
as follows:-
ARRANGEMENT OF SECTIONS
1. Definitions
2. Constitution of Council
3. Period of office and remuneration of members of Council
4. Establishment of technical committees of Council
5. Health and safety policy
6. General duties of employers to their employees
7. General duties of employers and self-employed persons to persons other than their employees
8. General duties of manufacturers and others regarding articles and substances for use at work
9. Listed work
10. General duties of employers regarding listed work
11. Duty to inform Without derogating from any specific duty imposed on an employer by this Act, every employer shall-
12. General duties of employees at work Every employee shall at work-
13. Duty not to interfere with, damage or misuse things No person shall intentionally or recklessly interfere with,
damage or misuse anything which is provided in the interest of health or safety. [S. 15 substituted by s. 3 of Act No.
181 of 1993.]
14. Chief executive officer charged with certain duties

15. Health and safety representatives
16. Functions of health and safety representatives
17. Health and safety committees
18. Functions of health and safety committees
19. General prohibitions
20. Sale of certain articles prohibited Subject to the provisions of section 10 (4), if any requirement (including any health
and safety standard) in respect of any article, substance, plant, machinery or health and safety equipment or for the
use or application thereof has been prescribed, no person shall sell or market in any manner whatsoever such article,
substance, plant, machinery or health and safety equipment unless it complies with that requirement.
21. Certain deductions prohibited No employer shall in respect of anything which he is in terms of this Act required to
provide or to do in the interest of the health or safety of an employee, make any deduction from any employee's
remuneration or require or permit any employee to make any payment to him or any other person. [S. 23 substituted
by s. 6 of Act No. 181 of 1993.]
22. Report to inspector regarding certain incidents

23. Report to chief inspector regarding occupational disease Any medical practitioner who examines or treats a person
for a disease described in the Second Schedule to the Workmen's Compensation Act, 1941 (Act No. 30 of 1941), or
any other disease which he believes arose out of that person's employment, shall within the prescribed period and in
the prescribed manner report the case to the person's employer and to the chief inspector, and inform that person
accordingly. [S. 25 substituted by s. 7 of Act No. 181 of 1993.]
24. Victimization forbidden

25. Designation and functions of chief inspector
26. Designation of inspectors by Minister
27. Functions of inspectors
28. Special powers of inspectors
29. Investigations
30. Formal inquiries
31. Joint inquiries
32. Obstruction of investigation or inquiry or presiding inspector or failure to render assistance No person shall, in
relation to any investigation or inquiry held in terms of section 31 or 32-
33. Appeal against decision of inspector

34. Disclosure of information No person shall disclose any information concerning the affairs of any other person
obtained by him in carrying out his functions in terms of this Act, except-
35. Acts or omissions by employees or mandataries

36. Offences, penalties and special orders of court
37. Proof of certain facts
38. Exemptions
39. This Act not affected by agreements Subject to the provisions of sections 10 (4) and 37 (2), a provision of this Act or
a condition specified in any notice or direction issued thereunder or subject to which exemption was granted to any
person under section 40, shall not be affected by any condition of any agreement, whether such agreement was
entered into before or after the commencement of this Act or before or after the imposition of any such condition, as
the case may be.
40. Delegation and assignment of functions

41. Regulations
42. Incorporation of health and safety standards in regulations
43. Serving of notices Unless another method is prescribed, a notice under this Act shall be served-
44. Jurisdiction of magistrates' courts Notwithstanding anything to the contrary contained in any law-
45. State bound This Act shall bind the State.
46. Conflict of provisions In so far as any provision of the Explosives Act, 1956 (Act No. 26 of 1956), is repugnant to a
provision of this Act the provisions of this Act shall apply.
47. Repeal of laws The Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), the Machinery and
Occupational Safety Amendment Act, 1989 (Act No. 40 of 1989), and the Machinery and Occupational Safety
Amendment Act, 1991 (Act No. 97 of 1991), are hereby repealed.
48. Short title and commencement

1. Definitions
(1) In this Act, unless the context otherwise indicates-
"accident" means an accident arising out of and in the course of an employee's

employment and resulting in a personal injury, illness or the death of the
employee;(xxiv)
"approved inspection authority" means an inspection authority approved by the

chief inspector: Provided that an inspection authority approved by the chief
inspector with respect to any particular service shall be an approved inspection
authority with respect to that service only;
"biological monitoring" means a planned programme of periodic collection and

analysis of body fluid, tissues, excreta or exhaled air in order to detect and
quantify the exposure to or absorption of any substance or organism by persons;
"building" includes-
(a) any structure attached to the soil;
(b) any building or such structure or part thereof which is in the process of
being erected; or
(c) any prefabricated building or structure not attached to the soil;
"chief executive officer", in relation to a body corporate or an enterprise conducted by the State, means
the person who is responsible for the overall management and control of the business of such body
corporate or enterprise;
"chief inspector" means the officer designated under section 27 as chief inspector, and includes any officer
acting as chief inspector;
"Council" means the Advisory Council for Occupational Health and Safety established by section 2;
"danger" means anything which may cause injury or damage to persons or property;
"Department" means the Department of Manpower;
"employee" means, subject to the provisions of subsection (2), any person who is employed by or works
for an employer and who receives or is entitled to receive any remuneration or who works under the
direction or supervision of an employer or any other person;
"employer" means, subject to the provisions of subsection (2), any person who employs or provides work
for any person and remunerates that person or expressly or tacitly undertakes to remunerate him, but
excludes a labour broker as defined in section I (1) of the Labour Relations Act, 1956 (Act No. 28 of 1956);
"employers' organization" means an employers' organization as defined in section 1 of the Labour

Relations Act, 1956 (Act No. 28 of 1956);
"employment" or "employed" means employment or employed as an employee;
"explosives" means any substance or article as listed in Class 1: Explosives in the South African Bureau of
Standards Code of Practice for the Identification and Classification of Dangerous Substances and Goods,
SABS 0228;
"hazard" means a source of or exposure to danger;
"health and safety committee" means a committee established under section 19;
"health and safety equipment" means any article or part thereof which is manufactured, provided or
installed in the interest of the health or safety of any person;
"health and safety representative" means a person designated in terms of section 17 (1);
"health and safety standard" means any standard, irrespective of whether or not it has the force of law,
which, if applied for the purposes of this Act, will in the opinion of the Minister promote the attainment of an
object of this Act;
"healthy" means free from illness or injury attributable to occupational causes;

"incident" means an incident as contemplated in section 24 (1);
"industrial court" means the industrial court referred to in section 17 of the Labour Relations Act, 1956
(Act No. 28 of 1956);
"inspection authority" means any person who with the aid of specialized knowledge or equipment or after
such investigations, tests, sampling or analyses as he may consider necessary, and whether for reward or
otherwise, renders a service by making special findings, purporting to be objective findings, as to-
(a) the health of any person;
(b) the safety or risk to health of any work, article, substance, plant or
machinery, or of any condition prevalent on or in any premises; or
(c) the question of whether any particular standard has been or is being
complied with, with respect to any work, article, substance, plant or
machinery, or with respect to work or a condition prevalent on or in any
premises, or with respect to any other matter, and by issuing a
certificate, stating such findings, to the person to whom the service is
rendered;
"inspector" means a person designated under section 28;
"listed work" means any work declared to be listed work under section II;
"local authority" means-
(a) any institution or body contemplated in section 84 (1) (f) of the

Provincial Government Act, 1961 (Act No. 32 of 1961);
(b) any regional services council established under section 3 of the

Regional Services Councils Act, 1985 (Act No. 109 of 1985);
(c) any other institution or body or the holder of any office declared by the
Minister by notice in the Gazette to be a local authority for the purposes
of this Act;
"machinery" means any article or combination of articles assembled, arranged or connected and which is
used or intended to be used for converting any form of energy to performing work, or which is used or
intended to be used, whether incidental thereto or not, for developing, receiving, storing, containing,
confining, transforming, transmitting, transferring or controlling any form of energy;
"major hazard installation" means an installation-
(a) where more than the prescribed quantity of any substance is or may be
kept, whether permanently or temporarily; or
(b) where any substance is produced, processed, used, handled or stored

in such a form and quantity that it has the potential to cause a major
incident;
"major incident" means an occurrence of catastrophic proportions, resulting from the use of plant or
machinery, or from activities at a workplace;
"mandatary" includes an agent, a contractor or a subcontractor for work, but without derogating from his
status in his own right as an employer or a user;
"medical surveillance" means a planned programme or periodic examination (which may include clinical
examinations, biological monitoring or medical tests) of employees by an occupational health practitioner or,
in prescribed cases, by an occupational medicine practitioner;
"Minister" means the Minister of Manpower;
"occupational health" includes occupational hygiene, occupational medicine and biological monitoring;
"occupational health practitioner" means an occupational medicine practitioner or a person who holds a
qualification in occupational health recognized as such by the South African Medical and Dental Council as
referred to in the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of
1974), or the South African Nursing Council as referred to in the Nursing Act, 1978 (Act No. 50 of 1978);
"occupational hygiene" means the anticipation, recognition, evaluation and control of conditions arising in
or from the workplace, which may cause illness or adverse health effects to persons;
"occupational medicine" means the prevention, diagnosis and treatment of illness, injury and adverse
health effects associated with a particular type of work;
"occupational medicine practitioner" means a medical practitioner as defined in the Medical, Dental and
Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), who holds a qualification in
occupational medicine or an equivalent qualification which qualification or equivalent is recognized as such
by the South African Medical and Dental Council referred to in the said Act;
"office" means an office as defined in section 1 (1) of the Basic Conditions of Employment Act, 1983 (Act
No. 3 of 1983);
"officer" means an officer or employee as defined in section 1 (1) of the Public Service Act, 1984 (Act No.
111 of 1984);
"organism" means any biological entity which is capable of causing illness to persons;
"plant" includes fixtures, fittings, implements, equipment, tools and appliances, and anything which is used
for any purpose in connection with such plant;
"premises" includes any building, vehicle, vessel, train or aircraft; "prescribed" means prescribed by
regulation;
"properly used" means used with reasonable care, and with due regard to any information, instruction or
advice supplied by the designer, manufacturer, importer, seller or supplier;
"reasonably practicable" means practicable having regard to-
(a) the severity and scope of the hazard or risk concerned;
(b) the state of knowledge reasonably available concerning that hazard or

risk and of any means of removing or mitigating that hazard or risk;
(c) the availability and suitability of means to remove or mitigate that

hazard or risk; and
(d) the cost of removing or mitigating that hazard or risk in relation to the
benefits deriving therefrom;
"regulation" means a regulation made under section 43;
"remuneration" means any payment in money or in kind or both in money and in kind, made or owing to
any person in pursuance of such person's employment;
"risk" means the probability that injury or damage will occur;
"safe" means free from any hazard;
"sell" includes-
(a) offer or display for sale or import into the Republic for sale; or
(b) exchange, donate, lease or offer or display for leasing;
"shop" means a shop as defined in section I (1) of the Basic Conditions of Employment Act, 1983 (Act No. 3
of 1983);
"standard" means any provision occurring-
(a) in a specification, compulsory specification, code of practice or standard

method as defined in section I of the Standards Act, 1993 (Act No. 29 of
1993); or
(b) in any specification, code or any other directive having standardization
as its aim and issued by an institution or organization inside or outside
the Republic which, whether generally or with respect to any particular
article or matter and whether internationally or in any particular country
or territory, seeks to promote standardization;
"substance" includes any solid, liquid, vapour, gas or aerosol, or combination thereof;
"this Act" includes any regulation;
"trade union" means a trade union as defined in section 1 of the Labour Relations Act, 1956 (Act No. 28 of
1956);
"user", in relation to plant or machinery, means the person who uses plant or machinery for his own benefit
or who has the right of control over the use of plant or machinery, but does not include a lessor of, or any
person employed in connection with, that plant or machinery;
"work" means work as an employee or as a self-employed person, and for such purpose an employee is
deemed to be at work during the time that he is in the course of his employment, and a self-employed
person is deemed to be at work during such time as he devotes to work as a self-employed person;
"workplace" means any premises or place where a person performs work in the course of his employment.
(2) The Minister may by notice in the Gazette declare that a person belonging to a
category of persons specified in the notice shall for the purposes of this Act or any
provision thereof be deemed to be an employee, and thereupon any person
vested and charged with the control and supervision of the said person shall for
the said purposes be deemed to be the employer of such person.
(3) This Act shall not apply in respect of-
(a) a mine, a mining area or any works as defined in the Minerals Act, 1991
(Act No. 50 of 1991), except in so far as that Act provides otherwise;
(b) any load line ship (including a ship holding a load line exemption
certificate), fishing boat, sealing boat and whaling boat as defined in
section 2 (1) of the Merchant Shipping Act, 1951 (Act No. 57 of 1951),
or any floating crane, whether or not such ship, boat or crane is in or
out of the water within any harbour in the Republic or within the
territorial waters thereof, (Date of commencement of para. (b) to be
proclaimed.) or in respect of any person present on or in any such
mine, mining area, works, ship, boat or crane.
2. Establishment of Advisory Council for Occupational Health and Safety
There is hereby established an Advisory Council for Occupational Health and Safety.
3. Functions of Council
(1) The Council shall-
(a) advise the Minister with regard to-

(i) matters of policy arising out of or in connection with the application
of the provisions of this Act;
(ii) any matter relating to occupational health and safety;
(b) perform the functions assigned to it by this Act or referred to it by the

Minister.
(2) The Council may-
(a) with a view to the performance of its functions, do such research and
conduct such investigations as it may deem necessary;
(b) make rules relating to the calling of meetings of the Council, the
determining of a quorum for and the procedure at such meetings, and
generally relating to all matters which may be necessary for the
effective performance of the functions of the Council or, subject to
section 6, of a technical committee;
(c) advise the Department concerning-
(i) the formulation and publication of standards, specifications or

other forms of guidance for the purpose of assisting employers,
employees and users to maintain appropriate standards of
occupational health and safety;
(ii) the promotion of education and training in occupational health and

safety; and
(iii) the collection and dissemination of information on occupational

health and safety.
(3) The Council may for the purposes of the performance of any of its functions, with
the approval of the Minister, and with the concurrence of the Minister of State
Expenditure, enter into an agreement for the performance of a particular act or
particular work or for the rendering of a particular service, on such conditions and
at such remuneration as may be agreed upon, with anybody who in the opinion of
the Council is fit to perform such act or work or to render such service.
(4) Subject to the laws governing the Public Service, the Minister shall provide the
Council with such personnel as he may deem necessary for the effective
performance of the functions of the Council, and such persons shall perform their
functions subject to the control and directions of the chief inspector.
4. Constitution of Council
(1) The Council shall consist of 20 members, namely-
(a) the chief inspector, ex officio, who shall be the chairman;
(b) one officer serving in the Department;
(c) the Compensation Commissioner, or his nominee;
(d) one person nominated by the Minister for National Health and Welfare;
(e) one person nominated by the Minister of Mineral and Energy Affairs; six
persons to represent the interests of employers from a list of the names
of persons nominated by employers' organizations or federations of
employers' organizations;
(f) [Substituted by s. 2 of Act No. 181 of 1993]

(g) six persons to represent the interests of employees from a list of the
names of persons nominated by trade unions or federations of trade
unions; [Para. (g) substituted by s. 2 of Act No. 181 of 1993.]
(h) one person who in the opinion of the Minister has knowledge of
occupational safety matters;
(i) one person who in the opinion of the Minister has knowledge of
occupational medicine and who was recommended by the Minister for
National Health and Welfare;
(j) one person who in the opinion of the Minister has knowledge of
occupational hygiene.
(2) The members referred to in subsection (1) (b) up to and including (j) shall be
appointed by the Minister.
5. Period of office and remuneration of members of Council
(1) The members of the Council referred to in section 4 (2) shall be appointed for a
period of three years, and on such conditions as the Minister may determine with
the concurrence of the Minister of State Expenditure.
(2) Any person whose period of office as a member of the Council has expired shall
be eligible for reappointment.
(3) A member referred to in section 4 (1) (f), (g), (h), (i) or (j) who is not an officer may
be paid from money appropriated for such purpose by Parliament such allowances
as the Minister may determine with the concurrence of the Minister of State
Expenditure.
6. Establishment of technical committees of Council
(1) The Council may with the approval of the Minister establish one or more technical
committees to advise the Council on any matter regarding the performance by the
Council of its functions.
(2) A member of a technical committee shall be appointed by the Council by reason of

his knowledge of the matter for which the committee is established, and such a
member need not be a member of the Council.
(3) A meeting of a technical committee shall be held at such time and place as may
be determined by the chairman of the Council, and in accordance with rules
approved by the Council.
(4) A member of a technical committee who is not an officer may be paid from money
appropriated for such purpose by Parliament such allowances as the Minister may
determine with the concurrence of the Minister of State Expenditure.
7. Health and safety policy
(1) The chief inspector may direct-
(a) any employer in writing; and

(b) any category of employers by notice in the Gazette, to prepare a written
policy concerning the protection of the health and safety of his
employees at work, including a description of his organization and the
arrangements for carrying out and reviewing that policy.
(2) Any direction under subsection (1) shall be accompanied by guidelines concerning
the contents of the policy concerned.
(3) An employer shall prominently display a copy of the policy referred to in

subsection (1), signed by the chief executive officer, in the workplace where his
employees normally report for service.
8. General duties of employers to their employees
(1) Every employer shall provide and maintain, as far as is reasonably practicable, a
working environment that is safe and without risk to the health of his employees.
(2) Without derogating from the generality of an employer's duties under subsection
(1), the matters to which those duties refer include in particular-
(a) the provision and maintenance of systems of work, plant and machinery
that, as far as is reasonably practicable, are safe and without risks to
health;
(b) taking such steps as may be reasonably practicable to eliminate or

mitigate any hazard or potential hazard to the safety or health of
employees, before resorting to personal protective equipment;
(c) making arrangements for ensuring, as far as is reasonably practicable,

the safety and absence of risks to health in connection with the
production, processing, use, handling, storage or transport of articles or
substances;
(d) establishing, as far as is reasonably practicable, what hazards to the

health or safety of persons are attached to any work which is
performed, any article or substance which is produced, processed,
used, handled, stored or transported and any plant or machinery
which is used in his business, and he shall, as far as is reasonably
practicable, further establish what precautionary measures should be
taken with respect to such work, article, substance, plant or machinery
in order to protect the health and safety of persons, and he shall
provide the necessary means to apply such precautionary measures;
(e) providing such information, instructions, training and supervision as

may be necessary to ensure, as far as is reasonably practicable, the
health and safety at work of his employees;
(f) as far as is reasonably practicable, not permitting any employee to do

any work or to produce, process, use, handle, store or transport any
article or substance or to operate any plant or machinery, unless the
precautionary measures contemplated in paragraphs (b) and (d), or any
other precautionary measures which may be prescribed, have been
taken;
(g) taking all necessary measures to ensure that tire requirements of this
Act are complied with by every person in his employment or on
premises under his control where plant or machinery is used;
(h) enforcing such measures as may be necessary in the interest of health

and safety;
(i) ensuring that work is performed and that plant or machinery is used
under the general supervision of a person trained to understand the
hazards associated with it and who have the authority to ensure that
precautionary measures taken by the employer are implemented; and
(j) causing all employees to be informed regarding the scope of their

authority as contemplated in section 37 (1) (b).
9. General duties of employers and self-employed persons to persons other than

their employees
(1) Every employer shall conduct his undertaking in such a manner as to ensure, as
far as is reasonably practicable, that persons other than those in his employment
who may be directly affected by his activities are not thereby exposed to hazards
to their health or safety.
(2) Every self-employed person shall conduct his undertaking in such a manner as to
ensure, as far as is reasonably practicable, that he and other persons who may be
directly affected by his activities are not thereby exposed to hazards to their health
or safety.
10. General duties of manufacturers and others regarding articles and substances for
use at work
(1) Any person who designs, manufactures, imports, sells or supplies any article for
use at work shall ensure, as far as is reasonably practicable, that the article is safe
and without risks to health when properly used and that it complies with all
prescribed requirements.
(2) Any person who erects or installs any article for use at work on or in any premises
shall ensure, as far as is reasonably practicable, that nothing about the manner in
which it is erected or installed makes it unsafe or creates a risk to health when
properly used.
(3) Any person who manufactures, imports, sells or supplies any substance for use at
work shall-
(a) ensure, as far as is reasonably practicable, that the substance is safe

and without risks to health when properly used; and
(b) take such steps as may be necessary to ensure that information is

available with regard to the use of the substance at work, the risks to
health and safety associated with such substance, the conditions
necessary to ensure that the substance will be safe and without risks to
health when properly used and the procedures to be followed in the
case of an accident involving such substance.
(4) Where a person designs, manufactures, imports, sells or supplies an article or

substance for or to another person and that other person undertakes in writing to
take specified steps sufficient to ensure, as far as is reasonably practicable, that
the article or substance will comply with all prescribed requirements and will be
safe and without risks to health when properly used, the undertaking shall have
the effect of relieving the firstmentioned person from the duty imposed upon him
by this section to such an extent as may be reasonable having regard to the terms
of the undertaking.
11. Listed work
(1) The Minister may, subject to the provisions of subsections (2) and (3), by notice in
the Gazette declare any work, under the conditions or circumstances specified in
the notice, to be listed work.
(2) (a) Before the Minister declares any work to be listed work, he shall cause to be
published in the Gazette a draft of his proposed notice and at the same time invite
interested persons to submit to him in writing within a specified period, comments
and representations in connection with the proposed notice.
(b) A period of not less than three months shall elapse between the publication of
the draft notice and the notice under subsection (1).
(3) The provisions of subsection (2) shall not apply-
(a) if the Minister in pursuance of comments and representations received

in terms of subsection (2) (a), decides to publish the notice referred to
in subsection (1) in an amended form; and
(b) to any declaration in terms of subsection (1) in respect of which the

Minister is of the opinion that the public interest requires that it be made
without delay.
(4) A notice under subsection (1) may at any time be amended or withdrawn by like
notice.
12. General duties of employers regarding listed work
(1) Subject to such arrangements as may be prescribed, every employer whose

employees undertake listed work or are liable to be exposed to the hazards
emanating from listed work, shall, after consultation with the health and safety
committee established for that workplace-
(a) identify the hazards and evaluate the risks associated with such work
constituting a hazard to the health of such employees, and the steps
that need to be taken to comply with the provisions of this Act;
(b) as far as is reasonably practicable, prevent the exposure of such

employees to the hazards concerned or, where prevention is not
reasonably practicable, minimize such exposure; and
(c) having regard to the nature of the risks associated with such work and
the level of exposure of such employees to the hazards, carry out an
occupational hygiene programme and biological monitoring, and subject
such employees to medical surveillance.
(2) Every employer contemplated in subsection (1) shall keep the health and safety
representatives designated for their workplaces or sections of the workplaces,
informed of the actions taken under subsection (1) in their respective workplaces
or sections thereof and of the results of such actions: Provided that individual
results of biological monitoring and medical surveillance relating to the work of the
employee, shall only with the written consent of such employee be made available
to any person other than an inspector, the employer or the employee concerned.
13. Duty to inform
Without derogating from any specific duty imposed on an employer by this Act, every
employer shall-
(a) as far as is reasonably practicable, cause every employee to be made

conversant with the hazards to his health and safety attached to any
work which he has to perform, any article or substance which he has to
produce, process, use, handle, store or transport and any plant or
machinery which he is required or permitted to use, as well as with the
precautionary measures which should be taken and observed with
respect to those hazards;
(b) inform the health and safety representatives concerned beforehand of

inspections, investigations or formal inquiries of which he has been
notified by an inspector, and of any application for exemption made by
him in terms of section 40; and
(c) inform a health and safety representative as soon as reasonably

practicable of the occurrence of an incident in the workplace or section
of the workplace for which such representative has been designated.
14. General duties of employees at work
Every employee shall at work-
(a) take reasonable care for the health and safety of himself and of other
persons who may be affected by his acts or omissions;
(b) as regards any duty or requirement imposed on his employer or any

other person by this Act, co-operate with such employer or person to
enable that duty or requirement to be performed or complied with;
(c) carry out any lawful order given to him, and obey the health and safety
rules and procedures laid down by his employer or by anyone
authorized thereto by his employer, in the interest of health or safety;
(d) if any situation which is unsafe or unhealthy comes to his attention, as

soon as practicable report such situation to his employer or to the
health and safety representative for his workplace or section thereof, as
the case may be, who shall report it to the employer; and
(e) if he is involved in any incident which may affect his health or which has
caused an injury to himself, report such incident to his employer or to
anyone authorized thereto by the employer, or to his health and safety
representative, as soon as practicable but not later than the end of the
particular shift during which the incident occurred, unless the
circumstances were such that the reporting of the incident was not
possible, in which case he shall report the incident as soon as
practicable thereafter.
15. Duty not to interfere with, damage or misuse things
No person shall intentionally or recklessly interfere with, damage or misuse anything

which is provided in the interest of health or safety. [S. 15 substituted by s. 3 of Act No.
181 of 1993.]
16. Chief executive officer charged with certain duties
(1) Every chief executive officer shall as far as is reasonably practicable ensure that
the duties of his employer as contemplated in this Act, are properly discharged.
(2) Without derogating from his responsibility or liability in terms of subsection (1), a
chief executive officer may assign any duty contemplated in the said subsection, to
any person under his control, which person shall act subject to the control and
directions of the chief executive officer.
(3) The provisions of subsection (1) shall not, subject to the provisions of section 37,
relieve an employer of any responsibility or liability under this Act.
(4) For the purpose of subsection (1), the head of department of any department of
State shall be deemed to be the chief executive officer of that department.
17. Health and safety representatives
(1) Subject to the provisions of subsection (2), every employer who has more than 20
employees in his employment at any workplace, shall, within four months after the
commencement of this Act or after commencing business, or from such time as
the number of employees exceeds 20, as the case may be, designate in writing for
a specified period health and safety representatives for such workplace, or for
different sections thereof.
(2) An employer and the representatives of his employees recognized by him or,
where there are no such representatives, the employees shall consult in good faith
regarding the arrangements and procedures for the nomination or election, period
of office and subsequent designation of health and safety representatives in terms
of subsection (1): Provided that if such consultation fails, the matter shall be
referred for arbitration to a person mutually agreed upon, whose decision shall be
final: Provided further that if the parties do not agree within 14 days on an
arbitrator, the employer shall give notice to this effect in writing to the President of
the Industrial Court, who shall in consultation with the chief inspector designate an
arbitrator, whose decision shall be final. [Sub-s. (2) substituted by s. 4 of Act No.
181 of 1993.]
(3) Arbitration in terms of subsection (2) shall not be subject to the provisions of the
Arbitration Act, 1965 (Act No. 42 of 1965), and a failure of the consultation
contemplated in that subsection shall not be deemed to be a dispute in terms of
the Labour Relations Act, 1956 (Act No. 28 of 1956): Provided that the Minister
may prescribe the manner of arbitration and the remuneration of the arbitrator
designated by the President of the Industrial Court. [Sub-s. (3) substituted by s. 4
of Act No. 181 of 1993.]
(4) Only those employees employed in a full-time capacity at a specific workplace and
who are acquainted with conditions and activities at that workplace or section
thereof, as the case may be, shall be eligible for designation as health and safety
representatives for that workplace or section.
(5) The number of health and safety representatives for a workplace or section
thereof shall in the case of shops and offices be at least one health and safety
representative for every 100 employees or part thereof, and in the case of all other
workplaces at least one health and safety representative for every 50 employees
or part thereof: Provided that those employees performing work at a workplace
other than that where they ordinarily report for duty, shall be deemed to be working
at the workplace where they so report for duty.
(6) If an inspector is of the opinion that the number of health and safety
representatives for any workplace or section thereof, including a workplace or
section with 20 or fewer employees, is inadequate, he may by notice in writing
direct the employer to designate such number of employees as the inspector may
determine as health and safety representatives for that workplace or section
thereof in accordance with the arrangements and procedures referred to in
subsection (2).
(7) All activities in connection with the designation, functions and training of health
and safety representatives shall be performed during ordinary working hours, and
any time reasonably spent by any employee in this regard shall for all purposes be
deemed to be time spent by him in the carrying out of his duties as an employee.
18. Functions of health and safety representatives
(1) A health and safety representative may perform the following functions in respect
of the workplace or section of the workplace for which he has been designated,
namely-
(a) review the effectiveness of health and safety measures;
(b) identify potential hazards and potential major incidents at the

workplace;
(c) in collaboration with his employer, examine the causes of incidents at

the workplace;
(d) investigate complaints by any employee relating to that employee's

health or safety at work;
(e) make representations to the employer or a health and safety committee

on matters arising from paragraphs (a), (b), (c) or (d), or where such
representations are unsuccessful, to an inspector;
(f) make representations to the employer on general matters affecting the

health or safety of the employees at the workplace;
(g) inspect the workplace, including any article, substance, plant,

machinery or health and safety equipment at that workplace with a view
to, the health and safety of employees, at such intervals as may be
agreed upon with the employer: Provided that the health and safety
representative shall give reasonable notice of his intention to carry out
such an inspection to the employer, who may be present during the
inspection;
(h) participate in consultations with inspectors at the workplace and

accompany inspectors on inspections of the workplace;
(i) receive information from inspectors as contemplated in section 36; and
(j) in his capacity as a health and safety representative attend meetings of

the health and safety committee of which he is a member, in connection
with any of the above functions.
(2) A health and safety representative shall, in respect of the workplace or section of
the workplace for which he has been designated be entitled to-
(a) visit the site of an incident at all reasonable times and attend any
inspection in loco;
(b) attend any investigation or formal inquiry held in terms of this Act;
(c) in so far as it is reasonably necessary for performing his functions,

inspect any document which the employer is required to keep in terms
of this Act;
(d) accompany an inspector on any inspection;
(e) with the approval of the employer (which approval shall not be
unreasonably withheld), be accompanied by a technical adviser, on any
inspection; and
(f) participate in any internal health or safety audit. [Sub-s. (2) substituted
by s. 5 of Act No. 181 of 1993.]
(3) An employer shall provide such facilities, assistance and training as a health and
safety representative may reasonably require and as have been agreed upon for
the carrying out of his functions.
(4) A health and safety representative shall not incur any civil liability by reason of the
fact only that he failed to do anything which he may do or is required to do in terms
of this Act.
19. Health and safety committees
(1) An employer shall in respect of each workplace where two or more health and
safety representatives have been designated, establish one or more health and
safety committees and, at every meeting of such a committee as contemplated in
subsection (4), consult with the committee with a view to initiating, developing,
promoting, maintaining and reviewing measures to ensure the health and safety of
his employees at work.
(2) A health and safety committee shall consist of such number of members as the
employer may from time to time determine: Provided that-
(a) if one health and safety committee has been established in respect of a
workplace, all the health and safety representatives for that workplace
shall be members of the committee;
(b) if two or more health and safety committees have been established in
respect of a workplace, each health and safety representative for that
workplace shall be a member of at least one of those committees; and
(c) the number of persons nominated by an employer on any health and
safety committee established in terms of this section shall not exceed
the number of health and safety representatives on that committee.
(3) The persons nominated by an employer on a health and safety committee shall be
designated in writing by the employer for such period as may be determined by
him, while the health and safety representatives shall be members of the
committee for the period of their designation in terms of section 17 (1).
(4) A health and safety committee shall hold meetings as often as may be necessary,
but at least once every three months, at a time and place determined by the
committee: Provided that an inspector may by notice in writing direct the members
of a health and safety committee to hold a meeting at a time and place determined
by him: Provided further that, if more than 10 per cent of the employees at a
specific workplace has handed a written request to an inspector, the inspector may
by written notice direct that such a meeting be held.
(5) The procedure at meetings of a health and safety committee shall be determined
by the committee.
(6) (a) A health and safety committee may co-opt one or more persons by reason of
his or their particular knowledge of health or safety matters as an advisory
member or as advisory members of the committee.
(b) An advisory member shall not be entitled to vote on any matter before the
committee.
(7) If an inspector is of the opinion that the number of health and safety committees
established for any particular workplace is inadequate, he may in writing direct the
employer to establish for such workplace such number of health and safety
committees as the inspector may determine.
20. Functions of health and safety committees
(1) A health and safety committee-
(a) may make recommendations to the employer or, where the

recommendations fail to resolve the matter, to an inspector regarding
any matter affecting the health or safety of persons at the workplace or
any section thereof for which such committee has been established;
(b) shall discuss any incident at the workplace or section thereof in which
or in consequence of which any person was injured, became ill or died,
and may in writing report on the incident to an inspector; and
(c) shall perform such other functions as may be prescribed.
(2) A health and safety committee shall keep record of each recommendation made to
an employer in terms of subsection (1) (a) and of any report made to an inspector
in terms of subsection (1) (b).
(3) A health and safety committee or a member thereof shall not incur any civil liability
by reason of the fact only that it or he failed to do anything which it or he may or is
required to do in terms of this Act.
(4) An employer shall take the prescribed steps to ensure that a health and safety
committee complies with the provisions of section 19 (4) and performs the duties
assigned to it by subsections (1) and (2).
21. General prohibitions
(1) The Minister may by notice in the Gazette declare-
(a) that no employer shall require or permit any employee belonging to a

category of employees specified in the notice to perform work on or in
any premises on or in which an activity specified in the notice is carried
out which in the opinion of the Minister is an activity which threatens or
is likely to threaten the health or safety of an employee belonging to
that category of employees, or that no employer shall require or permit
any such employee to perform any work on or in such premises
otherwise than on the conditions specified in the notice;
(b) that no employer shall require or permit any employee to perform any
work in connection with the carrying out of a process specified in the
notice which in the opinion of the Minister is a process which threatens
or is likely to threaten the health or safety of an employee, or that no
employer shall require or permit an employee to perform any work in
connection with the carrying out of such a process otherwise than on
the conditions specified in the notice; and
(c) that no employer shall require or permit any employee, otherwise than
on the conditions specified in the notice, to perform any work on or in
any premises where an article or substance specified in the notice is
produced, processed, used, handled, stored or transported which in the
opinion of the Minister is an article or substance which threatens or is
likely to threaten the health or safety of an employee.
(2) (a) The Minister shall, before he publishes a notice under subsection (1), cause a
draft of his proposed notice to be published in the Gazette and at the same time
invite interested persons to submit to him in writing, within a specified period,
comments and representations in connection with the proposed notice.
(b) The provisions of paragraph (a) shall not apply if the Minister, in pursuance of
comments and representations received, decides to publish the notice referred to
in subsection (1) in an amended form.
(3) A notice under subsection (1) may at any time be amended or withdrawn by like
notice.
(4) A notice shall not be issued under subsection (1) or (3) unless the Minister for
National Health and Welfare and the Council have been consulted.
(5) A notice issued or deemed to have been issued under section 13 of the Machinery
and Occupational Safety Act, 1983 (Act No. 6 of 1983), and which was in force
immediately prior to the commencement of this Act, shall be deemed to have been
issued under this section.
22. Sale of certain articles prohibited
Subject to the provisions of section 10 (4), if any requirement (including any health and
safety standard) in respect of any article, substance, plant, machinery or health and
safety equipment or for the use or application thereof has been prescribed, no person
shall sell or market in any manner whatsoever such article, substance, plant, machinery
or health and safety equipment unless it complies with that requirement.
23. Certain deductions prohibited
No employer shall in respect of anything which he is in terms of this Act required to

provide or to do in the interest of the health or safety of an employee, make any
deduction from any employee's remuneration or require or permit any employee to
make any payment to him or any other person. [S. 23 substituted by s. 6 of Act No. 181
of 1993.]
24. Report to inspector regarding certain incidents
(1) Each incident occurring at work or arising out of or in connection with the activities
of persons at work, or in connection with the use of plant or machinery, in which, or
in consequence of which-
(a) any person dies, becomes unconscious, suffers the loss of a limb or
part of a limb or is otherwise injured or becomes ill to such a degree
that he is likely either to die or to suffer a permanent physical defect or
likely to be unable for a period of at least 14 days either to work or to
continue with the activity for which he was employed or is usually
employed;
(b) a major incident occurred; or
(c) the health or safety of any person was endangered and where-
(i) a dangerous substance was spilled;
(ii) the uncontrolled release of any substance under pressure took

place;
(iii) machinery or any part thereof fractured or failed resulting in flying,

falling or uncontrolled moving objects; or
(iv) machinery ran out of control, shall, within the prescribed period
and in the prescribed manner, be reported to an inspector by the
employer or the user of the plant or machinery concerned, as the
case may be.
(2) In the event of an incident in which a person died, or was injured to such an extent
that he is likely to die, or suffered the loss of a limb or part of a limb, no person
shall without the consent of an inspector disturb the site at which the incident
occurred or remove any article or substance involved in the incident therefrom:
Provided that such action may be taken as is necessary to prevent a further
incident, to remove the injured or dead, or to rescue persons from danger.
(3) The provisions of subsections (1) and (2) shall not apply in respect of-
(a) a traffic accident on a public road;
(b) an incident occurring in a private household, provided the householder

forthwith reports the incident to the South African Police; or
(c) any accident which is to be investigated under section 12 of the Aviation
Act, 1962 (Act No. 74 of 1962).
(4) A member of the South African Police to whom an incident was reported in terms
of subsection (3) (b), shall forthwith notify an inspector thereof.
25. Report to chief inspector regarding occupational disease
Any medical practitioner who examines or treats a person for a disease described in the
Second Schedule to the Workmen's Compensation Act, 1941 (Act No. 30 of 1941), or
any other disease which he believes arose out of that person's employment, shall within
the prescribed period and in the prescribed manner report the case to the person's
employer and to the chief inspector, and inform that person accordingly. [S. 25
substituted by s. 7 of Act No. 181 of 1993.]
26. Victimization forbidden
(1) No employer shall dismiss an employee, or reduce the rate of his remuneration, or
alter the terms or conditions of his employment to terms or conditions less
favourable to him, or alter his position relative to other employees employed by
that employer to his disadvantage, by reason of the fact, or because he suspects
or believes, whether or not the suspicion or belief is justified or correct, that that
employee has given information to the Minister or to any other person charged
with the administration of a provision of this Act which in terms of this Act he is
required to give or which relates to the terms, conditions or circumstances of his
employment or to those of any other employee of his employer, or has complied
with a lawful prohibition, requirement, request or direction of an inspector, or has
given evidence before a court of law or the industrial court, or has done anything
which he may or is required to do in terms of this Act or has refused to do anything
which he is prohibited from doing in terms of this Act.
(2) No employer shall unfairly dismiss an employee, or reduce the rate of his
remuneration, or alter the terms or conditions of his employment to terms or
conditions less favourable to him, or alter his position relative to other employees
employed by that employer to his disadvantage, by reason of the information that
the employer has obtained regarding the results contemplated in section 12 (2) or
by reason of a report made to the employer in terms of section 25. [Sub-s. (2)
added by s. 8 of Act No. 181 of 1993.]
27. Designation and functions of chief inspector
(1) The Minister shall designate an officer serving in the Department as chief
inspector for the purposes of this Act.
(2) The chief inspector shall perform his functions subject to the control and
supervision of the Director-General of the Department and may perform any
function assigned to an inspector by this Act.
(3) (a) The chief inspector may delegate any power conferred upon him by this Act,
excluding a power referred to in section 35 (1) or delegated to him under section
42, to any other officer or authorize any such officer to perform any duty assigned
to him by this Act.
(b) No delegation of a power under paragraph (a) shall prevent the exercise of
such power by the chief inspector himself.
(4) Whenever the chief inspector is absent or unable to perform his functions as chief
inspector or whenever the designation of a chief inspector is pending, the Minister
may designate any other officer serving in the Department to act as chief inspector
during the chief inspector's absence or incapacity or until a chief inspector is
designated.
(5) Any person who immediately prior to the commencement of this Act was
designated as chief inspector under section 19 of the Machinery and Occupational
Safety Act, 1983 (Act No. 6 of 1983), shall be deemed to have been designated as
chief inspector under subsection (1) of this section.
28. Designation of inspectors by Minister
(1) The Minister may designate any person as an inspector to perform, subject to the
control and directions of the chief inspector, any or all of the functions assigned to
an inspector by this Act.
(2) Each inspector designated under subsection (1) shall be furnished with a
certificate signed by or on behalf of the Minister and stating that he has been
designated as an inspector: Provided that if his designation as inspector is limited
to any particular function or functions, his certificate shall state such limitation.
(3) Whenever an inspector designated under subsection (1) performs a function under
this Act in the presence of any person affected thereby the inspector shall on
demand by such person produce to him the certificate referred to in subsection
(2).
(4) Any officer who immediately prior to the commencement of this Act was
designated as an inspector under section 20 of the Machinery and Occupational
Safety Act, 1983 (Act No. 6 of 1983), shall be deemed to have been designated as
an inspector under subsection (1) of this section.
29. Functions of inspectors
(1) An inspector may, for the purposes of this Act-
(a) without previous notice, at all reasonable times, enter any premises
which are occupied or used by an employer or on or in which an
employee performs any work or any plant or machinery is used, or
which he suspects to be such premises;
(b) question any person who is or was on or in such premises, either alone
or in the presence of any other person, on any matter to which this Act
relates;
(c) require from any person who has control over or custody of a book,
record or other document on or in those premises, to produce to him
forthwith, or at such time and place as may be determined by him, such
book, record or other document;
(d) examine any such book, record or other document or make a copy
thereof or an extract therefrom;
(e) require from such a person an explanation of any entry in such book,
record or other document;
(f) inspect any article, substance, plant or machinery which is or was on or
in those premises, or any work performed on or in those premises or
any condition prevalent on or in those premises or remove for
examination or analysis any article, substance, plant or machinery or a
part or sample thereof;
(g) seize any such book, record or other document or any such article,
substance, plant or machinery or a part or sample thereof which in his
opinion may serve as evidence at the trial of any person charged with
an offence under this Act or the common law: Provided that the
employer or user of the article, substance, plant or machinery
concerned, as the case may be, may make copies of such book, record
or document before such seizure;
(h) direct any employer, employee or user, including any former employer,
employee or user, to appear before him at such time and place as may
be determined by him and question such employer, employee or user
either alone or in the presence of any other person on any matter to
which this Act relates;
(i) perform any other function as may be prescribed.
(2) (a) An interpreter, a member of the South African Police or any other assistant
may, when required by an inspector, accompany him when he performs his
functions under this Act.
(b) For the purposes of this Act an inspector's assistant shall, while he acts under
the instructions of an inspector, be deemed to be an inspector.
(3) When an inspector enters any premises under subsection (1) the employer
occupying or using those premises and each employee performing any work
thereon or therein and any user of plant or machinery thereon or therein, shall at
all times provide such facilities as are reasonably required by the inspector to
enable him and his assistant (if any) to perform effectively and safely his or their
functions under this Act.
(4) When an inspector removes or seizes any article, substance, plant, machinery,
book, record or other document as contemplated in subsection (1) (f) or (g), he
shall issue a receipt to the owner or person in control thereof.
30. Special powers of inspectors
(1) (a) Whenever an employer performs an act or requires or permits an act to be

performed, or proposes to perform an act or to require or permit an act to be
performed, which in the opinion of an inspector threatens or is likely to threaten
the health or safety of any person, the inspector may in writing prohibit that
employer from continuing or commencing with the performance of that act or from
requiring or permitting that act to be continued or commenced with, as the case
may be.
(b) Whenever a user of plant or machinery uses or proposes to use any plant or
machinery, in a manner or in circumstances which in the opinion of an
inspector threatens or is likely to threaten the health or safety of any person
who works with such plant or machinery or who is or may come within the
vicinity thereof, the inspector may in writing prohibit that user from continuing or
commencing with the use of such plant or machinery or in that manner or those
circumstances, as the case may be.
(c) An inspector may in writing prohibit an employer from requiring or permitting an

employee or any employee belonging to a category of employees specified in
the prohibition to be exposed in the course of his employment for a longer
period than a period specified in the prohibition, to any article, substance,
organism or condition which in the opinion of an inspector threatens or is likely
to threaten the health or safety of that employee or the employee belonging to
that category of employees, as the case may be.
(d) A prohibition imposed under paragraph (a), (b) or (c) may at any time be
revoked by an inspector in writing if arrangements to the satisfaction of the
inspector have been made to dispose of the threat which gave rise to the
imposition of the prohibition.
(2) In order to enforce a prohibition imposed under subsection (1) (a) or (b), an
inspector may block, bar, barricade or fence off that part of the workplace, plant or
machinery to which the prohibition applies, and no person shall interfere with or
remove such blocking, bar, barricade or fence.
(3) Whenever an inspector is of the opinion that the health or safety of any person at
a workplace or in the course of his employment or in connection with the use of
plant or machinery is threatened on account of the refusal or failure of an
employer or a user, as the case may be, to take reasonable steps in the interest of
such person's health or safety, the inspector may in writing direct that employer or
user to take such steps as are specified in the direction within a specified period.
(4) Whenever an inspector is of the opinion that an employer or a user has failed to
comply with a provision of a regulation applicable to him, the inspector may in
writing direct that employer or user to take within a period specified in the direction
such steps as in the inspector's opinion are necessary to comply with the said
provision, and are specified in the direction.
(5) A period contemplated in subsection (3) or (4) may at any time be extended by an
inspector by notice in writing to the person concerned.
(6) An employer shall forthwith bring the contents of a prohibition, direction or notice
under this section to the attention of the health and safety representatives and
employees concerned.
31. Investigations
(1) An inspector may investigate the circumstances of any incident which has
occurred at or originated from a workplace or in connection with the use of plant or
machinery which has resulted, or in the opinion of the inspector could have
resulted, in the injury, illness or death of any person in order to determine whether
it is necessary to hold a formal investigation in terms of section 32.
(2) After completing the investigation in terms of subsection (1) the inspector shall
submit a written report thereon, together with all relevant statements, documents
and information gathered by him, to the attorney-general within whose area of
jurisdiction such incident occurred and he shall at the same time submit a copy of
the report, statements and documents to the chief inspector.
(3) Upon receipt of a report referred to in subsection (2), the attorney-general shall
deal therewith in accordance with the provisions of the Inquests Act, 1959 (Act No.
58 of 1959), or the Criminal Procedure Act, 1977 (Act No. 51 of 1977), as the case
may be.
(4) An inspector holding an investigation shall not incur any civil liability by virtue of
anything contained in the report referred to in subsection (2).
32. Formal inquiries
(1) The chief inspector may, and he shall when so requested by a person producing
prima facie evidence of an offence, direct an inspector to conduct a formal inquiry
into any incident which has occurred at or originated from a workplace or in
connection with the use of plant or machinery which has resulted, or in the opinion
of the chief inspector could have resulted, in the injury, illness or death of any
person.
(2) For the purposes of an inquiry referred to in subsection (1) an inspector may
subpoena any person to appear before him on a day and at a place specified in
the subpoena and to give evidence or to produce any book, document or thing
which in the opinion of the inspector has a bearing on the subject of the inquiry.
(3) Save as is otherwise provided in this section, the law governing criminal trials in
magistrates' courts shall mutatis mutandis apply to obtaining the attendance of
witnesses at an inquiry under this section, the administering of an oath or
affirmation to them, their examination, the payment of witness fees to them and
the production by them of books, documents and things.
(4) Any inquiry under this section shall be held in public: Provided that the presiding
inspector may exclude from the place where the inquiry is held, any person whose
presence is, in his opinion, undesirable or not in the public interest.
(5) (a) The presiding inspector may designate any person to lead evidence and to
examine any witness giving evidence at a formal inquiry.
(b) Any person who has an interest in the issue of the formal inquiry may
personally or by representative, advocate or attorney put such questions to a
witness at the inquiry to such extent as the presiding inspector may allow.
(c) The following persons shall have an interest as referred to in paragraph (b),
namely-
(i) any person who was injured or suffered damage as a result of the
incident forming the subject of the inquiry;
(ii) the employer or user, as the case may be, involved in the incident;
(iii) any person in respect of whom in the opinion of the presiding

inspector it can reasonably be inferred from the evidence that he
could be held responsible for the incident;
(iv) a trade union recognized by the employer concerned or any trade

union of which a person referred to in subparagraph (i) or (iii) is a
member;
(v) any owner or occupier of any premises where the said incident
occurred;
(vi) any other person who, at the discretion of the presiding inspector,
can prove such interest.
(6) (a)An inquiry may, if it is necessary or expedient, be adjourned at any time by the
presiding inspector.
(b) An inquiry adjourned under paragraph (a) may at any stage be continued by an
inspector other than the inspector before whom the inquiry commenced, and
may after an adjournment again be continued by the inspector before whom
the inquiry commenced.
(7) An affidavit made by any person in connection with the incident in respect of which
the inquiry is held, shall at the discretion of the presiding inspector upon
production be admissible as proof of the facts stated therein, and the presiding
inspector may, at his discretion, subpoena the person who made such an affidavit
to give oral evidence at the inquiry or may submit written interrogatories to him for
reply, and such interrogatories and any reply thereto purporting to be a reply from
such person shall likewise be admissible in evidence at the inquiry: Provided that
the presiding inspector shall afford any person present at the inquiry the
opportunity to refute the facts stated in such document, evidence or reply.
(8) (a) Whenever in the course of any inquiry it appears to the presiding inspector that
the examination of a witness is necessary and that the attendance of such witness
cannot be procured without a measure of delay, expense or inconvenience which
in the circumstances would be unreasonable, the presiding inspector may
dispense with such attendance and may appoint a person to be a commissioner to
take the evidence of such witness, whether within or outside the Republic, in
regard to such matters or facts as the presiding inspector may indicate.
(b) Any person referred to in subsection (5) (b) may in person or through a
representative, advocate or attorney appear before such commissioner in order
to examine the said witness.
(c) The evidence recorded in terms of this subsection shall be admissible in

evidence at the inquiry.
(9) At the conclusion of an inquiry under this section, the presiding inspector shall
compile a written report thereon.
(10) The evidence given at any inquiry under this section shall be recorded and a copy
thereof shall be submitted by the presiding inspector together with his report to the
chief inspector, and in the case of an incident in which or as a result of which any
person died or was seriously injured or became ill, the inspector shall submit a
copy of the said evidence and the report to the attorney-general within whose area
of jurisdiction such incident occurred.
(11) Nothing contained in this section shall be construed as preventing the institution of
criminal proceedings against any person or as preventing any person authorized
thereto from issuing a warrant for the arrest of or arresting any person, whether or
not an inquiry has already commenced.
(12) Upon receipt of a report referred to in subsection (10), the attorney-general shall
deal therewith in accordance with the provisions of the Inquests Act, 1959 (Act No.
58 of 1959), or the Criminal Procedure Act, 1977 (Act No. 51 of 1977), as the case
may be.
(13) An inspector presiding at any formal inquiry shall not incur any civil liability by
virtue of anything contained in the report compiled in terms of subsection (9).
33. Joint inquiries
(1) The provisions of section 32 shall not affect the provisions of any law requiring and
regulating inquests or other inquiries in case of death resulting from other than
natural causes, and in respect of each incident referred to in that section in which
or in consequence of which any person has died there shall be held, in addition to
an inquiry under the said section, such inquest or inquiry as is required by any
such law, but an inquiry under the said section and an inquest held by a judicial
officer under the Inquests Act, 1959 (Act No. 58 of 1959), may be held jointly.
(2) At such a joint inquiry and inquest the judicial officer shall preside and thereupon
the provisions of the Inquests Act, 1959, shall apply, but the inspector and the
judicial officer shall each make the report required of them by section 32 (9) and
that Act, respectively.
34. Obstruction of investigation or inquiry or presiding inspector or failure to render

assistance
No person shall, in relation to any investigation or inquiry held in terms of section 31 or

32-
(a) without reasonable justification fail to comply with any lawful direction,
subpoena, request or order issued or given by the presiding inspector;
(b) refuse or fail to answer to the best of his knowledge any question
lawfully put to him by or with the concurrence of the presiding inspector:
Provided that no person shall be obliged to answer any question
whereby he may incriminate himself;
(c) in any manner whatsoever advise, encourage, incite, order or persuade

any person who has been directed, subpoenaed, requested or ordered
to do something by the presiding inspector, not to comply with such
direction, subpoena, request or order or in any manner prevent him
from doing so;
(d) refuse or fail, when required thereto by the presiding inspector, to

furnish him with the means or to render him the necessary assistance
for holding such inquiry;
(e) refuse or fail, when required thereto by the presiding inspector, to

attend an inquiry; or
(f) intentionally insult the presiding inspector or his assistant or

intentionally interrupt the proceedings thereof.
35. Appeal against decision of inspector
(1) Any person aggrieved by any decision taken by an inspector under a provision of
this Act may appeal against such decision to the chief inspector, and the chief
inspector shall, after he has considered the grounds of the appeal and the
inspector's reasons for the decision, confirm, set aside or vary the decision or
substitute for such decision any other decision which the inspector in the chief
inspector's opinion ought to have taken.
(2) Any person who wishes to appeal in terms of subsection (1), shall within 60 days
after the inspector's decision was made known, lodge such an appeal with the
chief inspector in writing, setting out the grounds on which it is made.
(3) Any person aggrieved by a decision taken by the chief inspector under subsection
(1) or in the exercise of any power under this Act, may appeal against such
decision to the industrial court, and the industrial court shall inquire into and
consider the matter forming the subject of the appeal and confirm, set aside or
vary the decision or substitute for such decision any other decision which the chief
inspector in the opinion of the industrial court ought to have taken.
(4) Any person who wishes to appeal in terms of subsection (3), shall within 60 days
after the chief inspector's decision was given, lodge such appeal with the registrar
of the industrial court in accordance with the rules of the industrial court.
(5) An appeal under subsection (1) or (3) in connection with a prohibition imposed
under section 30 (1) (a) or (b) shall not suspend the operation of such prohibition.
36. Disclosure of information
No person shall disclose any information concerning the affairs of any other person
obtained by him in carrying out his functions in terms of this Act, except-
(a) to the extent to which it may be necessary for the proper administration
of a provision of this Act;
(b) for the purposes of the administration of justice; or
(c) at the request of a health and safety representative or a health and

safety committee entitled thereto.
37. Acts or omissions by employees or mandataries
(1) Whenever an employee does or omits to do any act which it would be an offence
in terms of this Act for the employer of such employee or a user to do or omit to
do, then, unless it is proved that-
(a) in doing or omitting to do that act the employee was acting without the
connivance or permission of the employer or any such user;
(b) it was not under any condition or in any circumstance within the scope
of the authority of the employee to do or omit to do an act, whether
lawful or unlawful, of the character of the act or omission charged; and
(c) all reasonable steps were taken by the employer or any such user to
prevent any act or omission of the kind in question, the employer or any
such user himself shall be presumed to have done or omitted to do that
act, and shall be liable to be convicted and sentenced in respect hereof;
and the fact that he issued instructions forbidding any act or omission of
the kind in question shall not, in itself, be accepted as sufficient proof
that he took all reasonable steps to prevent the act or omission.
(2) The provisions of subsection (1) shall mutatis mutandis apply in the case of a
mandatary of any employer or user, except if the parties have agreed in writing to
the arrangements and procedures between them to ensure compliance by the
mandatary with the provisions of this Act.
(3) Whenever any employee or mandatary of any employer or user does or omits to
do an act which it would be an offence in terms of this Act for the employer or any
such user to do or omit to do, he shall be liable to be convicted and sentenced in
respect thereof as if he were the employer or user.
(4) Whenever any employee or mandatary of the State commits or omits to do an act
which would be an offence in terms of this Act, had he been the employee or
mandatary of an employer other than the State and had such employer committed
or omitted to do that act, he shall be liable to be convicted and sentenced in
respect thereof as if he were such an employer.
(5) Any employee or mandatary referred to in subsection (3) may be so convicted and
sentenced in addition to the employer or user.
(6) Whenever the employee or mandatary of an employer is convicted of an offence

consisting of a contravention of section 23, the court shall, when making an order
under section 38 (4), make such an order against the employer and not against
such employee or mandatary.
38. Offences, penalties and special orders of court
(1) Any person who-
(a) contravenes or fails to comply with a provision of section 7, 8, 9, 10 (1),

(2) or (3), 12, 13, 14, 15, 16 (1) or (2), 17 (1), (2) or (5), 18 (3), 19 (1),
20 (2) or (4), 22, 23, 24 (1) or (2), 25, 26, 29 (3), 30 (2) or (6), 34 or 36;
(b) contravenes or fails to comply with a direction or notice under section

17 (6), 19 (4) or (7), 21 (1) or 30 (1) (a), (b) or (c) or (3), (4) or (6);
(c) contravenes or fails to comply with a condition of an exemption under

seetion 40 (1);
(d) in any record, application, statement or other document referred to in

this Act wilfully furnishes information or makes a statement which is
false in any material respect;
(e) hinders or obstructs an inspector in the performance of his functions;

refuses or fails to comply to the best of his ability with any requirement
or request made by an inspector in the performance of his functions;
(f) deleted
(g) refuses or fails to answer to the best of his ability any question which an
inspector in the performance of his functions has put to him;
(h) wilfully furnishes to an inspector information which is false or

misleading;
(i) gives himself out as an inspector;
(j) having been subpoenaed under section 32 to appear before an

inspector, without sufficient cause (the onus of proof whereof shall rest
upon him) fails to attend on the day and at the place specified in the
subpoena, or fails to remain in attendance until the inspector has
excused him from further attendance;
(k) having been called under section 32, without sufficient cause (the onus
of proof whereof shall rest upon him)-
(i) refuses to appear before the inspector;
(ii) refuses to be sworn or to make affirmation as a witness after he

has been directed to do so;
(iii) refuses to answer, or fails to answer to the best of his knowledge

and belief, any question put to him; or
(iv) refuses to comply with a requirement to produce a book,

document or thing specified in the subpoena or which he has with
him;
(l) tampers with or discourages, threatens, deceives or in any way unduly

influences any person with regard to evidence to be given or with
regard to a book, document or thing to be produced by such a person
before an inspector under section 32;
(m) prejudices, influences or anticipates the proceedings or findings of an

inquiry under section 32 or 33;
(n) tampers with or misuses any safety equipment installed or provided to

any person by an employer or user;
(o) fails to use any safety equipment at a workplace or in the course of his
employment or in connection with the use of plant or machinery, which
was provided to him by an employer or such a user;
(p) wilfully or recklessly does anything at a workplace or in connection with

the use of plant or machinery which threatens the health or safety of
any person, shall be guilty of an offence and on conviction be liable to a
fine not exceeding R50000 or to imprisonment for a period not
exceeding one year or to both such fine and such imprisonment.
(2) Any employer who does or omits to do an act, thereby causing any person to be
injured at a workplace, or, in the case of a person employed by him, to be injured
at any place in the course of his employment, or any user who does or omits to do
an act in connection with the use of plant or machinery, thereby causing any
person to be injured, shall be guilty of an offence if that employer or user, as the
case may be, would in respect of that act or omission have been guilty of the
offence of culpable homicide had that act or omission caused the death of the
said person, irrespective of whether or not the injury could have led to the death
of such person, and on conviction be liable to a fine not exceeding R100 000 or to
imprisonment for a period not exceeding two years or to both such fine and such
imprisonment.
(3) Whenever a person is convicted of an offence consisting of a failure to comply with

a provision of this Act or of any direction or notice issued thereunder, the court
convicting him may, in addition to any punishment imposed on him in respect of
that offence, issue an order requiring him to comply with the said provision within a
period determined by the court.
(4) Whenever an employer is convicted of an offence consisting of a contravention of

a provision of section 23, the court convicting him shall inquire into and determine
the amount which contrary to the said provision was deducted from the
remuneration of the employee concerned or recovered from him and shall then act
with respect to the said amount mutatis mutandis in accordance with sections 28
and 29 of the Basic Conditions of Employment Act, 1983 (Act No. 3 of 1983), as if
such amount is an amount underpaid within the meaning of those sections.
39. Proof of certain facts
(1) Whenever in any legal proceedings in terms of this Act it is proved that any person
was present on or in any premises, that person shall, unless the contrary is
proved, be presumed to be an employee.
(2) In the absence of satisfactory proof of age, the age of any person shall, in any
legal proceedings in terms of this Act, be presumed to be that stated by an
inspector to be in his opinion the probable age of the person; but any person
having an interest who is dissatisfied with that statement of opinion may, at his
own expense, require that the person whose age is in question appear before and
be examined by a district surgeon, and a statement contained in a certificate by a
district surgeon who examined that person as to what in his opinion is the
probable age of that person shall, but only for the purpose of the said proceedings,
be conclusive proof of the age of that person.
(3) In any legal proceedings in terms of this Act, any statement or entry contained in
any book or document kept by any employer or user or by his employee or
mandatary, or found on or in any premises occupied or used by that employer or
user, and any copy or reproduction of any such statement or entry, shall be
admissible in evidence against him as an admission of the facts set forth in that
statement or entry, unless it is proved that that statement or entry was not made
by that employer or user or by any employee or mandatary of that employer or
user within the scope of his authority.
(4) Whenever in any legal proceedings in terms of this Act it is proved that any untrue
statement or entry is contained in any record kept by any person, he shall be
presumed, until the contrary is proved, wilfully to have falsified that record.
(5) (a) Whenever at the trial of any person charged with a contravention of section 22
it is proved that the accused sold or marketed any article, substance, plant,
machinery or health and safety equipment contemplated in that section, it shall be
presumed, until the contrary is proved, that such article, substance, plant,
machinery or health and safety equipment did not at the time of the sale or
marketing thereof comply with the said requirements.
(b) At any trial any document purporting to be a certificate or statement by an

approved inspection authority and in which it is alleged that the article,
substance, plant, machinery or health and safety equipment forming the
subject of the charge complies with the requirements prescribed in respect
thereof or with any particular standard, shall on its mere production at that trial
by or on behalf of the accused be accepted as prima facie proof of the facts
stated therein.
(6) Notwithstanding the provisions of section 31 (3) of the Standards Act, 1993 (Act
No. 29 of 1993), whenever in any legal proceedings in terms of this Act the
question arises whether any document contains the text of a health and safety
standard incorporated in the regulations under section 44, any document
purporting to be a statement by a person who in that statement alleges that he is
an inspector and that a particular document contains the said text, shall on its
mere production at those proceedings by any person be prima facie proof of the
facts stated therein.
(7) The records to be kept by a health and safety committee in terms of section 20 (2),
including any document purporting to be certified by an inspector as a true extract
from any such records, shall on their mere production at any legal proceedings by
any person be admissible as evidence of the fact that a recommendation or report
recorded in such records was made by a health and safety committee to an
employer or inspector concerned.
40. Exemptions
(1) The Minister may, for such period and on such conditions as may be determined
by him, exempt any employer or user or any category of employers or users,
generally or with respect to any particular employee or category of employees or
users or with respect to any matter, from any of or all the provisions of this Act or
the provisions of a notice or direction issued under this Act.
(2) The period for which exemption may be granted under subsection (1) may
commence on a date earlier than the date on which exemption is granted, but not
earlier than the date on which application for such exemption was made to the
Minister.
(3) An exemption under subsection (1) shall-
(a) in the case of the exemption of a particular employer or user, be

granted by issuing to such employer or user a certificate of exemption
in which his name and the scope, period and conditions of the
exemption are specified;
(b) in the case of the exemption of a category of employers or of a category

of such users, be granted by the publication in the Gazette of a notice in
which that category of employers or users is described and the scope,
period and conditions of the exemption are specified: Provided that the
Minister may grant exemption-
(i) to an organization of employers or an organization of users in

accordance with the requirements of either paragraph (a) or
paragraph (b);
(ii) from any health and safety standard incorporated in the

regulations under section 44, in any manner which he may deem
expedient.
(4) A certificate of exemption contemplated in subsection (3) (a) and a notice

contemplated in subsection (3) (b) may at any time be amended or withdrawn by
the Minister.
(5) An exemption under subsection (1) shall lapse-
(a) upon termination of the period for which it was granted;

(b) upon withdrawal of the relevant certificate or notice under subsection
(4).
(6) Any exemption granted under section 32 of the Machinery and Occupational
Safety Act, 1983 (Act No. 6 of 1983), to the extent to which it grants exemption
from the operation of a provision similar to a provision in respect of which
exemption may be granted under subsection (1) of this section, which exemption
has at the commencement of this Act not lapsed as contemplated in subsection (5)
of the said section 32, shall be deemed to have been granted under this section.
41. This Act not affected by agreements
Subject to the provisions of sections 10 (4) and 37 (2), a provision of this Act or a
condition specified in any notice or direction issued thereunder or subject to which
exemption was granted to any person under section 40, shall not be affected by any
condition of any agreement, whether such agreement was entered into before or after
the commencement of this Act or before or after the imposition of any such condition, as
the case may be.
42. Delegation and assignment of functions
(1) The Minister may delegate any power conferred upon him by or under this Act,
except the power contemplated in section 43, to an officer.
(2) A delegation under subsection (1) shall not prevent the exercise of the relevant
power by the Minister himself.
(3) The Minister may authorize any provincial administration or local authority to
perform any function referred to in this Act.
(4) An authorization under subsection (3) shall not prevent the performance of the
relevant function by the Minister, the chief inspector or an inspector, as the case
may be.
43. Regulations
(1) The Minister may make regulations-
(a) as to any matter which in terms of this Act shall or may be prescribed;
(b) which in the opinion of the Minister are necessary or expedient in the
interest of the health and safety of persons at work or the health and
safety of persons in connection with the use of plant or machinery, or
the protection of persons other than persons at work against risks to
health and safety arising from or connected with the activities of
persons at work, including regulations as to-
(i) the planning, layout, construction, use, alteration, repair,

maintenance or demolition of buildings;
(ii) the design, manufacture, construction, installation, operation, use,

handling, alteration, repair, maintenance or conveyance of plant,
machinery or health and safety equipment;
(iii) the training, safety equipment or facilities to be provided by

employers or users, the persons to whom and the circumstances
in which they are to be provided and the application thereof;
(iv) the health or safety measures to be taken by employers or users;
(v) the occupational hygiene measures to be taken by employers or

users;
(vi) any matter regarding the biological monitoring or medical

surveillance of employees;
(vii) the production, processing, use, handling, storage or transport of,

and the exposure of employees and other persons to, hazardous
articles, substances or organisms or potentially hazardous articles,
substances or organisms, including specific limits, thresholds or
indices of or for such exposure;
(viii) the performance of work in hazardous or potentially hazardous

conditions or circumstances;
(ix) the emergency equipment and medicine to be held available by

employers and users, the places where such equipment and
medicine are to be held, the requirements with which such
equipment and medicine shall comply, the inspection of such
equipment and medicine, the application of first-aid and the
qualifications which persons applying first-aid shall possess;
(x) the compilation by employers of health and safety directives in

respect of a workplace, the matters to be dealt with in such
directives and the manner in which such directives shall be
brought to the attention of employees and other persons at such a
workplace;
(xi) the registration of persons performing hazardous work or using or

handling plant or machinery, the qualifications which such persons
shall possess and the fees payable to the State in respect of such
registration;
(xii) the accreditation, functions, duties and activities of approved

inspection authorities;
(xiii) the consultations between an employer and employees on matters

of health and safety;
(xiv) subject to section 36, the provision of information by an employer

or user to employees or the public on any matter to which this Act
relates;
(xv) the conditions under which any employer is prohibited from

permitting any person to partake of food or to smoke on or in any
premises where a specified activity is carried out;
(xvi) the conditions under which the manufacture of explosives and

activities incidental thereto may take place;
(c) as to the preventive and protective measures for major hazard

installations with a view to the protection of employees and the public
against the risk of major incidents;
(d) as to the registration of premises where employees perform any work or

where plant or machinery is used and the fee payable to the State in
respect of such registration;
(e) whereby provision is made for the continuation of any registration under
this Act;
(f) as to the registration of plant and machinery and the fee payable to the
State in respect of such registration;
(g) as to the establishment of one or more committees for the

administration of a provision of the regulations, the constitution of such
committees, the functions of such committees, the procedure to be
followed at meetings of such committees, the allowances which may be
paid to members of such committees from money appropriated by
Parliament for such purpose and the person by whom such allowances
shall be fixed;
(h) prescribing the records to be kept and the returns to be rendered by

employers and users and the person or persons to whom such returns
shall be rendered;
(i) as to the designation and functions of health and safety representatives

and health and safety committees and the training of health and safety
representatives;
(j) as to the activities of self-employed persons; and
(k) as to any other matter the regulation of which is in the opinion of the
Minister necessary or desirable for the effective carrying out of the
provisions of this Act.
(2) No regulation shall be made by the Minister except after consultation with the
Council, and no regulation relating to State income or expenditure or to any health
matter shall be made by the Minister except after consultation also with the
Minister of State Expenditure and the Minister for National Health and Welfare,
respectively.
(3) In making regulations the Minister may apply any method of differentiation that he
may deem advisable: Provided that no differentiation on the basis of race or colour
shall be made.
(4) A regulation may in respect of any contravention thereof or failure to comply

therewith prescribe a penalty of a fine, or imprisonment for a period not exceeding
12 months, and, in the case of a continuous offence, not exceeding an additional
fine of R200 or additional imprisonment of one day for each day on which the
offence continues: Provided that the period of such additional imprisonment shall
not exceed 90 days.
(5) A regulation made under section 35 of the Machinery and Occupational Safety Act,
1983 (Act No. 6 of 1983), which was in force immediately prior to the
commencement of this Act and which could have been made under this section,
shall be deemed to have been made under this section.
44. Incorporation of health and safety standards in regulations
(1) The Minister may by notice in the Gazette incorporate in the regulations any health
and safety standard or part thereof, without stating the text thereof, by mere
reference to the number, title and year of issue of that health and safety standard
or to any other particulars by which that health and safety standard is sufficiently
identified.
(2) No health and safety standard shall be incorporated in the regulations except after
consultation with the Council.
(3) Any health and safety standard incorporated in the regulations under subsection
(1) shall for the purposes of this Act, in so far as it is not repugnant to any
regulation made under section 43, be deemed to be a regulation, but not before
the expiry of two months from the date of incorporation thereof.
(4) Whenever any health and safety standard is at any time after the incorporation
thereof as aforesaid, amended or substituted by the competent authority, the
notice incorporating that health and safety standard shall, unless otherwise stated
therein, be deemed to refer to that health and safety standard as so amended or
substituted, as the case may be.
(5) The chief inspector shall keep a register of particulars of every publication in which
a health and safety standard incorporated in the regulations under subsection (1),
and every amendment or substitution of any such health and safety standard, was
published, and also of the place in the Republic where such publication is
obtainable or otherwise available for inspection, and he shall make that register or
an extract therefrom available free of charge to persons having an interest, for
inspection.
(6) The provisions of section 31 of the Standards Act, 1993 (Act No. 29 of 1993), shall
not apply to any incorporation of a health and safety standard or of any
amendment or substitution of a health and safety standard under this section.
(7) Any safety standard which was immediately prior to the commencement of this Act
incorporated under section 36 of the Machinery and Occupational Safety Act, 1983
(Act No. 6 of 1983), in the regulations made under that Act, shall be deemed to be
a health and safety standard incorporated under this section.
45. Serving of notices
Unless another method is prescribed, a notice under this Act shall be served-
(a) by delivering a copy thereof to the person upon whom it is to be served;
(b) by leaving such a copy at the usual or last known place of residence or
business of such a person; or
(c) by sending such a copy by registered post to the usual or last known
place of residence or business of such a person.
46. Jurisdiction of magistrates' courts
Notwithstanding anything to the contrary contained in any law-

(a) a magistrate's court shall have jurisdiction to impose any penalty or to
make any order provided for in this Act;
(b) no magistrate's court shall be competent to pronounce upon the validity

of any regulation made under this Act.
47. State bound
This Act shall bind the State.
48. Conflict of provisions
In so far as any provision of the Explosives Act, 1956 (Act No. 26 of 1956), is repugnant
to a provision of this Act the provisions of this Act shall apply.
49. Repeal of laws
The Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), the Machinery
and Occupational Safety Amendment Act, 1989 (Act No. 40 of 1989), and the
Machinery and Occupational Safety Amendment Act, 1991 (Act No. 97 of 1991), are
hereby repealed.
50. Short title and commencement
(1) This Act shall be called the Occupational Health and Safety Act, 1993, and shall
come into operation on a date fixed by the State President by proclamation in the
Gazette.
(2) Different dates may be so fixed in respect of different provisions of this Act.
D7
DEPARTMENT OF LABOUR
DEPARTEMENT VAN ARBEID
No. R. 1010 18 July 2003
OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 CONSTRUCTION REGULATIONS, 2003
The Minister of Labour has, in terms of section 43 of the Occupational Health and Safety Act, - 1993 (Act No. 85 of 1993),
after consultation with the Advisory Council for Occupational Health and Safety, made the regulations in the Schedule.
SCHEDULE
Definitions
1. In these Regulations any word or expression to which a meaning has been assigned in the Act shall have the meaning so
assigned and, unless the context otherwise indicates
"agent" means any person who acts as a representative for a client;
"angle of repose" means the steepest angle of a surface at which a mass of loose or fragmented material will remain stationary
in a pile on the surface, rather than sliding or crumbling away;
"batch plant" means machinery, appliances or other similar devices that are assembled in such a manner so as to be able to
mix materials in bulk for the purposes of using the mixed product for construction work;
"client" means any person for whom construction work is performed;
"competent person" means any person having the knowledge, training, experience and 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;
"construction work" means any work in connection with
(a) the erection, maintenance, alteration, renovation, repair, demolition or dismantling of or addition to a building or any
similar structure;
(b) the installation, erection, dismantling or maintenance of a fixed plant where such work includes the risk of a person
falling;
(c) the construction, maintenance, demolition or dismantling of any bridge, dam, canal, road, railway, runway, sewer or
water reticulation system or any similar civil engineering structure; or
(d) the moving of earth, clearing of land, the making of an excavation, piling, or any similar type of work;
"construction vehicle" means a vehicle used for means of conveyance for transporting persons or material or both such
persons and material, as the case may be, both on and off / the construction site for the purposes of performing construction
work;
"contractor" means an employer, as defined in section 1 of the Act, who performs construction work and includes principal
contractors;
"design" in relation to any structure includes drawings, calculations, design details and specifications;
"designer" means any of the following persons
(a) a person who prepares a design;
(b) a person who checks and approves a design;
(c) a person who arranges for any person at work under his control (including an employee of his, where he is the employer)
to prepare a design, as well as;
(d) an architect or engineer contributing to, or having overall responsibility for the design;
(e) building services engineer designing details for fixed plant;
(f) surveyor specifying articles or drawing up specifications;
(g) contractor carrying out design work as part of a design and build project;
(h) temporary works engineer designing formwork and false work; and
(i) interior designer, shop-fitter and landscape architect.
"ergonomics" means the application of scientific information concerning humans to the design of objects, systems and the
environment for human use in order to optimize human well-being and overall system performance;
"excavation work" means the making of any man-made cavity, trench, pit or depression formed by cutting, digging or scooping;
"explosive powered tool" means a tool that is activated by an explosive charge and that is used for driving bolts, nails and
similar objects for the purpose of providing fixing;
"fall prevention equipment" means equipment used to prevent persons from falling from an elevated position, including
persona! equipment, body harness, body belts, lanyards, lifelines or physical equipment, guardrails, screens, barricades,
anchorages or similar equipment;
"fall arrest equipment" means equipment used to arrest the person in a fall from an elevated position, including personal
equipment, body harness, lanyards, deceleration devices, lifelines or similar equipment, but excludes body belts;
"fall protection plan" means a documented plan, of all risks relating to working from an elevated position, considering the nature
of work undertaken, and setting out the procedures and methods to be applied in order to eliminate the risk;
"hazard identification" means the identification and documenting of existing or expected hazards to the health and safety of
persons, which are normally associated with the type of construction work being executed or to be executed;
"health and safety file" means a file, or other record in permanent form, containing the information required as contemplated in
these regulations;
"health and safety plan " means a documented plan which addresses hazards identified and includes safe work procedures to
mitigate, reduce or control the hazards identified;
"health and safety specification" means a documented specification of all health and safety requirements pertaining to the
associated works on a construction site, so as to ensure the health and safety of persons;
"material hoist" means a hoist used to lower or raise material and equipment, and includes cantilevered platform hoists, mobile
hoists, friction drive hoists, scaffold hoists, rack and pinion hoists and combination hoists;
"medical certificate of fitness" means a certificate valid for one year issued by an occupational health practitioner, issued in
terms of these regulations, whom shall be registered with the Health Professions Council of South Africa;
"method statement" means a document detailing the key activities to be performed in order to reduce as reasonably as
practicable the hazards identified in any risk assessment;
"mobile plant" means machinery, appliances or other similar devices that is able to move independently, for the purpose of
performing construction work on the construction site;
"National Building Regulations" means the National Building Regulations made under section 17(1) of the National Building
Regulations and Building Standards Act, 1977 (Act No.103 of 1977), and published under Government Notice No. R.1081 of 10
June 1988, as amended;
"person day" means one day for carrying out construction work by a person on a construction site for one normal working shift;
"principal contractor" means an employer, as defined in section 1 of the Act who performs construction work and is appointed by
the client to be in overall control and management of a part of or the whole of a construction site;
"professional engineer or professional certificated engineer" means any person holding registration as either a Professional
Engineer or Professional Certificated Engineer under the Engineering Profession Act, 2000 (Act No. 46 of 2000);
"professional technologist" means any person holding registration as a Professional Technologist under the Engineering
Profession Act, 2000 ;
"provincial director" means the provincial director as defined in regulation 1 of the General Administrative Regulations under the
Act;
risk assessment" means a program to determine any risk associated with any hazard at a construction site , in order to identify
the steps needed to be taken to remove, reduce or control such hazard;
"roof apex height" means the dimensional height in meters measured from the lowest ground level abutting any part of a
building to the highest point of the roof;
"SABS 085" means the South African Bureau of Standards' Code of Practice entitled "The Design, Erection, Use and Inspection
of Access Scaffolding";
"SABS 0400" means the South African Bureau of Standards, Code of Practice for the application of the National Building
Regulations;
"SABS EN 1808" means the South African Bureau of Standards' Standard Specification entitled: "Safety requirements on
suspended access equipment - Design calculations, stability criteria, construction-tests";
"SABS 1903" means the South African Bureau of Standards' Standard Front-end Specification entitled: "Safety requirements on
suspended access equipment - Design calculations, stability criteria, construction-tests";
"scaffold" means any temporary elevated platform and supporting structure used for providing access to and supporting workmen
or materials or both;
"shoring" means a structure such as a hydraulic, mechanical or timber/steel shoring system that supports the sides of an
excavation and which is intended to prevent the cave-in or the collapse of the sides of an excavation, and "shoring system" has a
corresponding meaning;
"structure" means
(a) any building, steel or reinforced concrete structure (not being a building), railway line or siding, bridge, waterworks,
reservoir, pipe or pipeline, cable, sewer, sewage works, fixed vessels , road, drainage works, earthworks, dam, wall,
mast, tower, tower crane, batching plants, pylon, surface and underground tanks, earth retaining structure or any
structure designed to preserve or alter any natural feature, and any other similar structure;
(b) any formwork, false work, scaffold or other structure designed or used to provide support or means of access during
construction work; or
(c) any fixed plant in respect of work which includes the installation, commissioning, decommissioning or dismantling
and where any such work involves a risk of a person falling two meters or more;
"suspended scaffold" means a working platform suspended from supports by means of one or more separate ropes from each
support;
"the Act" means the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);
"tunneling" means the construction of any tunnel beneath the natural surface of the earth for a purpose other than the
searching for or winning of a mineral;
Scope of application
2. (1) These Regulations, shall apply to any persons involved in construction work.
(2) The provisions of regulation 4(1)(a) shall not be applicable where the construction work carried out is in relation to a single
storey domestic building for a client who is going to reside in such building upon completion thereof.
(3) The provisions of regulations 4(1)(a) and 5(1), 5(3)(a) and 5(4) shall not be applicable where the construction work is in progress
and more than fifty percent thereof has been completed at the date of promulgation of these regulations: Provided that an inspector
may instruct accordingly that these Regulations shall be applicable.
Notification of construction work
3. (1) A principal contractor who intends to carry out any construction work shall
(a) before carrying out that work, notify the provincial director in writing of the construction work if it includes
(i) the demolition of a structure exceeding a height of 3 meters; or
(ii) the use of explosives to perform construction work; or
(iii) the dismantling of fixed plant at a height greater than 3 meters.
(b) before carrying out that work, 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 deeper than 1 meter; or
(iii) includes working at a height greater than 3 meters above ground or a landing.
(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 principal contractor shall ensure that a copy of the completed form contemplated in sub-regulation (2) is kept on site for
inspection by an inspector, client, client's agent or employee.
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 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.
.
Principal Contractor and Contractor
5. (1) A principal contractor shall provide and demonstrate to the client a suitable and
sufficiently documented 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.
(2) A principal contractor shall take reasonable steps as are necessary to ensure cooperation between all contractors to enable each
of those contractors to comply with the provisions of these regulations.
(3) A principal contractor shall be responsible for the following in order to ensure compliance with the provisions of the Act
(a) to provide any contractor who is making a bid or appointed to perform construction work for the principal contractor,
with the relevant sections of the health and safety specifications contemplated in regulation 4(1)(a) pertaining to the
construction work which has to be performed;
(b) to appoint each contractor contemplated in paragraph (a) in writing for the part of the project on a construction site;
(c) to take reasonable steps to ensure that each contractor's health and safety plan contemplated in sub-regulation (4)
is implemented and maintained on the construction site: Provided that the steps taken shall include periodic audits at
intervals mutually agreed upon between the principal contractor and contractor(s), but at least once every month;
(d) to stop any contractor from executing construction work, which is not in accordance with, the principal contractor's
and/or contractor's health and safety plan for the site or which poses a threat to the health and safety of persons;
(e) to ensure that where changes are brought about to the design and construction , sufficient health and safety
information and appropriate resources are made available to the contractor to execute the work safely;
(f) to ensure that every contractor is registered and in good standing with the compensation fund or with a licensed
compensation insurer prior to work commencing on site; and
(g) to ensure that potential contractors submitting tenders have made provision for the cost of health and safety measures
during the construction process.
(4) A contractor shall provide and demonstrate to the principal contractor a suitable and sufficiently documented health and safety
plan, based on the relevant sections of the principal contactor's health and safety specification contemplated in regulation 5(3}(aj
provided by the principal contractor, which plan shall be applied from the date of commencement of and for the duration of the
construction work.
(5) A principal contractor shall discuss and negotiate with the contractor the contents of the health and safety plan contemplated in
sub-regulation (4), and shall finally approve that plan for implementation.
(6) A principal contractor shall ensure that a copy of his or her health and safety plan contemplated in sub-regulation (1), as well as the
contractor's health and safety plan contemplated in sub-regulation (4), is available on request to an employee, inspector, contractor,
client or client's agent.
(7) Every contractor shall ensure that a health and safety file, which shall include all documentation required in terms of the provisions
of the Act and these Regulations, is opened and kept on site and made available to an inspector, client, clients agent or principal
contractor upon request.
(8) A principal contractor shad hand over a consolidated health and safety file to the client upon completion of the construction work
and shall, in addition to the documentation referred to in sub-regulation (7), include a record of all drawings, designs, materials used
and other similar information concerning the completed structure.
(9) A principal contractor shall ensure that in addition to the documentation required in the health and safety file as determined in
sub-regulations (7) and (8), a comprehensive and updated list of all the contractors on site accountable to the principal contractor, the
agreements between the parties and the type of work being done are included and available.
(10) No principal contractor shall appoint a contractor to perform construction work unless the principal contractor is reasonably
satisfied that the contractor he or she intends to appoint, has the necessary competencies and resources to perform the
construction work safely.
(11) Where a contractor appoints another contractor to perform construction work, the responsibilities as determined in sub-
regulations (2) to (6) that apply to the principal contractor shall apply to the contractor as if he or she were the principal contractor.
(12) No contractor shall appoint another contractor to perform construction work unless he or she is reasonably satisfied that the
contractor he or she intends to appoint, has the necessary competencies and resources to perform the construction work safely.
(13) Contractors shall co-operate with the principal contractor as far as is necessary to enable each of them to comply with the
provisions of the Act.
(14) Every contractor shall as far as is reasonably practicable, promptly provide the principal contractor with any information which
might affect the health and safety of any person at work carrying out construction work or any person who might be affected by the
work of such a person at work or which might justify a review of the health and safety plan.
Supervision of construction work
6. (1) The contractor shall appoint a full-time competent employee in writing as the construction supervisor, with the duty of
supervising the construction work.
(2) The contractor may in writing appoint one or more competent employees to assist the appointed construction supervisor
contemplated in sub-regulation (1), and every such employee shall, to the extent clearly defined by the contractor in the letter of
appointment, have the same duties as the construction supervisor: Provided that the designation of any such employee shall not
relieve the construction supervisor contemplated in sub-regulation (1) of any personal accountability for failing in his supervisory duties
referred to in terms of this regulation.
(3) Where the contractor has not appointed an employee as referred to sub-regulation (2), or, in the opinion of an inspector, not a
sufficient number of such employees, that inspector may require the employer to appoint the number of employees indicated by the
inspector, and the provisions of sub-regulation (2) shall apply in respect of those employees as if they had in the first instance been
appointed under sub-regulation (2).
(4) No construction supervisor appointed in terms of sub-regulation (1) shall supervise any construction work on or in any
construction site other than the site in respect of which he or she has been appointed: Provided that a sufficient number of
competent employees have been appropriately designated under sub-regulation (2) on all the construction sites, the appointed
construction supervisor may supervise more than one site.
(5) If, however, the construction supervisor appointed in terms of sub-regulation (1) for more than one construction site will not,
in the opinion of an inspector, be able to supervise the works favorably, an inspector may require the contractor to appoint the
required number of employees as contemplated in sub-regulation (2) to assist the appointed construction supervisor or instruct
the contractor to appoint the construction supervisor who had been appointed in terms of sub-regulation (1) more appropriately.
(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.
(7) The appointed construction safety officer as contemplated in sub-regulation (6) shall as far as is reasonably practicable be
utilised 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).
(8) No contractor shall appoint a construction safety officer to assist in the control of safety related aspects on the site unless he or
she is reasonably satisfied that the construction safety officer he or she intends to appoint, has the necessary competencies and
resources to assist the contractor.
Risk assessment
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 and shall include at least
(a) the identification of the risks and hazards to which persons may be exposed to;
(b) the analysis and evaluation of the risks and hazards identified;
(c) a documented plan of safe work procedures to mitigate, reduce or control the risks and hazards that have been identified;
(d) a monitoring plan; and
(e) a review plan.
(2) A contractor shall ensure that a copy of the risk assessment is available on site for inspection by an inspector, client, client's
agent, contractor, employee, representative trade union, health and safety representative or any member of the health and safety
committee.
(3) Every contractor shall consult with the health and safety committee or, if no health and safety committee exists, with a
representative group of employees, on the development, monitoring and review of the risk assessment.
(4) A contractor shall ensure that all employees under the his or her control are informed, instructed and trained by a competent
person regarding any hazard and the related work procedures before any work commences, and thereafter at such times as
may be determined in the risk assessment.
(5) A principal contractor shall ensure that all contractors are informed regarding any hazard as stipulated in the risk assessment
before any work commences, and thereafter at such times as may be determined in the risk assessment.
(6) A contractor shall ensure that as far as is reasonably practicable, ergonomic related hazards are analyzed, evaluated and
addressed in the risk assessment.
(7) Notwithstanding the requirements laid down in sub-regulation (4), no contractor shall allow or permit any employee or
person to enter any site, unless such employee or person has undergone health and safety induction training pertaining to the
hazards prevalent on the site at the time of entry.
(8) A contractor shall ensure that all visitors to a construction site undergoes health and safety induction pertaining to the
hazards prevalent on the site and shall be provided with the necessary personal protective equipment.
(9) Every employee on site shall-
(a) be in possession of proof of the health and safety induction training as determined in sub-regulation (7), issued by a
competent person prior to the commencement of construction work; and
(b) carry the proof contemplated in paragraph (a) for the duration of that project or for the period that the
employee will be on the construction site,
Fall protection
8. (1) A contractor shall cause

(a) the designation of a competent person, responsible for the preparation of a fall protection plan;
(b) the fall protection plan contemplated in (a) to be implemented, amended where and when necessary and maintained
as required;
(c) steps to be taken in order to ensure the continued adherence to the fall protection plan.
(2) The fall protection plan contemplated in sub-regulation (1), shall include
(a) a risk assessment of all work carried out from an elevated position which shall include the procedures and methods
used to address all the risks identified per location;
(b) the processes for evaluation of the employees' physical and psychological fitness necessary to work at elevated
positions and the records thereof;
(c) the program for the training of employees working from elevated positions and records thereof; and
(d) the procedure addressing the inspection, testing and maintenance of all fall protection equipment.
(3) A contractor shall ensure that the construction supervisor appointed in terms of regulation 6(1), is in possession of the most
recently updated version of the fall protection plan.
(4) Notwithstanding the provisions of sub-regulations (1) and (2), the contractor shall ensure that
(a) all unprotected openings in floors, edges, slabs, hatchways and stairways are adequately guarded, fenced or
barricaded or that similar means are used to safeguard any person from falling through such openings;
(b) no person works in an elevated position, unless such work is performed safely as if working from a scaffold or
ladder;
(c) notices are conspicuously placed at all openings where the possibility exists that a person might fall through such
openings;
(d) fall prevention and fall arrest equipment is
(i) suitable and of sufficient strength for the purpose or purposes for which it is being used having regard to the
work being carried out and the load, including any person, it is intended to bear; and
(ii) securely attached to a structure or plant and the structure or plant and the means of attachment thereto is
suitable and of sufficient strength and stability for the purpose of safely supporting the equipment and any
person who is liable to fall;
(e) fall arrest equipment shall only be used where it is not reasonably practicable to
use fall prevention equipment; and
(f) suitable and sufficient steps shall be taken to ensure, as far as is reasonably
practicable, that in the event of a fall by any person, the fall arrest equipment or the surrounding environment does not
cause injury to the person.
(5) Where roof work is being performed on a construction site, the contractor shall ensure that in addition to the requirements
set out in sub-regulations (2) and (4), it is furthermore indicated in the fall protection plan
(a) that the roof work has been properly planned;
(b) that the roof erectors are competent to carry out the work;
(c) that no employees are permitted to work on roofs during inclement weather conditions or if weather conditions are a
hazard to the health and safety of the employees;
(d) that prominent warning notices are to be placed where al! covers to openings are not of sufficient strength to
withstand any imposed loads and where fragile material exists;
(e) that the areas mentioned in paragraph (d) are to be barricaded off to prevent persons from entering;
(f) that suitable and sufficient platforms, coverings or other similar means of support have been provided to be used in
such a way that the weight of any person passing across or working on or from fragile material is supported; and
(g) that there is suitable and sufficient guard-rails or barriers and toe-boards or other similar means of protection to
prevent, so far as is reasonably practicable, the fall of any person, material or equipment.
Structures
9. (1) A contractor shall ensure that

(a) all reasonably practicable steps are taken to prevent the uncontrolled collapse of any new or existing structure or
any part thereof, which may become unstable or is in a temporary state of weakness or instability due to the
carrying out of construction work; and
(b) no structure or part of a structure is loaded in a manner which would render it unsafe.
(2) The designer of a structure shall
(a) before the contract is put out to tender, make available to the client all relevant information about the design of the
relevant structure that may affect the pricing of the construction work;
(b) inform the contractor in writing of any known or anticipated dangers or hazards relating to the construction work, and
make available all relevant information required for the safe execution of the work upon being designed or when the
design is subsequently altered;
(c) subject to the provisions of paragraph (a) and (b) ensure that the following information is included in a report and made
available to the contractor
(i) a geo-science technical report where appropriate;
(ii) the loading the structure is designed to withstand; and
(iii) the methods and sequence of construction process.
(d) not include anything in the design of the structure necessitating the use of dangerous procedures or materials
hazardous to the health and safety of persons, which could be avoided by modifying the design or by substituting
materials;
(e) take into account the hazards relating to any subsequent maintenance of the relevant structure and should make
provision in the design for that work to be performed to minimize the risk;
(f) carry out sufficient inspections at appropriate times of the construction work involving the design of the relevant
structure in order to ensure compliance with the design and a record of those inspections is to be kept on site;
(g) stop any contractor from executing any construction work which is not in accordance with the relevant design;
(h) conduct a final inspection of the completed structure prior to its commissioning to render it safe for commissioning
and issue a completion certificate to the contractor; and
(i) ensure that during commissioning, cognisance is taken of ergonomic design principles in order to minimize
ergonomic related hazards in al! phases of the life cycle of a structure.
(3) A contractor shall ensure that all drawings pertaining to the design of the relevant structure are kept on site and are available
on request by an inspector, contractors, client, client's agent or employee.
(4) Any owner of a structure shall ensure that inspections of that structure upon completion are carried out periodically by
competent persons in order to render the structure safe for continued use: Provided that the inspections are carried out at least
once every six months for the first two years and thereafter yearly and records of such inspections are kept and made available
to an inspector upon request.
(5) Any owner of a structure shall ensure that the structure upon completion is maintained in such a manner that the structure
remains safe for continued use and such maintenance records shall be kept and made available to an inspector upon request.
Formwork and support work
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;
(b) all formwork and support work structures are adequately designed, erected, supported, braced and maintained so
that they will be capable of supporting all anticipated vertical and lateral loads that may be applied to them and also
that no loads are imposed onto the structure that the structure is not designed to withstand;
(c) the designs of formwork and support work structures are done with close reference to the structural design drawings
and where any uncertainty exists, the structural designer should be consulted;
(d) all drawings pertaining to the design of formwork or support work structures are kept on the site and are available on
request by an inspector, contractor, client, client's agent or employee;
(e) all equipment used in the formwork or support work structure are carefully examined and checked for suitability by
a competent person, before being used;
(f) all formwork and support work structures are inspected by a competent person immediately before, during and after
the placement of concrete or any other imposed load and thereafter on a daily basis until the formwork and support
work structure has been removed and the results have been recorded in a register and made available on site;
(g) if, after erection, any formwork and support work structure is found to be damaged or weakened to such a degree
that its integrity is affected, it shall be safely removed or reinforced immediately;
(h) adequate precautionary measures are taken in order to
(i) secure any deck panels against displacement; and
(ii) prevent any person from slipping on support work or formwork due to the application of formwork or support
work release agents;
(i) as far as is reasonably practicable, the health of any person is not affected through the use of solvents or oils or any
other similar substances;
(j) upon casting concrete, the support work or formwork structure should be left in place until the concrete has
acquired sufficient strength to support safely, not only its own weight, but also any imposed loads and not removed
until authorisation has been given by the competent person contemplated in paragraph (a);
(k) provision is made for safe access by means of secured ladders or staircases for all work to be carried out above the
foundation bearing level;
(I) all employees required to erect, move or dismantle formwork and support work structures are provided with adequate
training and instruction to perform these operations safely; and
(m) the foundation conditions are suitable to withstand the weight caused by the formwork and support work structure
and any imposed loads such that the formwork and support work structure is stable.
Excavation work
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.
(2) A contractor shall evaluate, as far as is reasonably practicable, the stability of the ground before excavation work begins.
(3) Every contractor who performs excavation work shall
(a) take suitable and sufficient steps in order to prevent, as far as is reasonably practicable, any person from being buried or
trapped by a fall or dislodgement of material in an excavation;
(b) not require or permit any person to work in an excavation which has not been adequately shored or braced: Provided that
shoring and bracing may not be necessary where
(i) the sides of the excavation are sloped to at least the maximum angle of repose measured relative to the
horizontal plane; or
(ii) such an excavation is in stable material: Provided that
(aa) permission being given in writing by the appointed competent person contemplated in sub-regulation (1)
upon evaluation by him or her of the site conditions; and
(bb) where any uncertainty pertaining to the stability of the soil still exists, the decision from a
professional engineer or a professional technologist competent in excavations shall be decisive and such
a decision shall be noted in writing and signed by both the competent person contemplated in sub-
regulation (1) and the professional engineer or technologist, as the case may be;
(c) take steps to ensure that the shoring or bracing contemplated in paragraph (b) is designed and constructed in such a
manner rendering it strong enough to support the sides of the excavation in question;
(d) ensure that no load, material, plant or equipment is placed or moved near the edge of any excavation where it is
likely to cause its collapse and thereby endangering the safety of, any person, unless precautions such as the
provision of sufficient and suitable shoring or bracing are taken to prevent the sides from collapsing;
(e) ensure that where the stability of an adjoining building, structure or road is likely to be affected by the making of an
excavation, the steps are taken that may be necessary to ensure the stability of such building, structure or road and
the safety of persons;
(f) cause convenient and safe means of access to be provided to every excavation in which persons are required to work
and such access shall not be further than 6m from the point where any worker within the excavation is working;
(g) ascertain as far as is reasonably practicable the location and nature of electricity, water, gas or other similar services
which may in any way be affected by the work to be performed, and shall before the commencement of excavation
work that may affect any such service, take the steps that may be necessary to render the circumstances safe for all
persons involved;
(h) cause every excavation, including all bracing and shoring, to be inspected
(i) daily, prior to each shift;
(ii) after every blasting operation;
(iii) after an unexpected fall of ground;
(iv) after substantial damage to supports; and
(v) after rain,
by the competent person contemplated in sub-regulation (1), in order to pronounce the safety of the excavation to ensure
the safety of persons, and those results are to be recorded in a register kept on site and made available to an inspector,
client, client's agent, contractor or employee upon request;
(i) cause every excavation which is accessible to the public or which is adjacent to public roads or thoroughfares, or
whereby the safety of persons may be endangered, to be
(i) adequately protected by a barrier or fence of at least one meter in height and as close to the excavation as is
practicable; and
(ii) provided with warning illuminants or any other clearly visible boundary indicators at night or when visibility is
poor;
(j) ensure that all precautionary measures as stipulated for confined spaces as determined in the General Safety
Regulations promulgated by Government Notice No.R.1031 of 30 May 1986, as amended, are complied with when
entering any excavation;
(k) ensure that, where the excavation work involves the use of explosives, a method statement is developed in accordance
with the applicable explosives legislation, by an appointed person who is competent in the use of explosives for
excavation work and that the procedures therein are followed; and
(I) cause warning signs to be positioned next to an excavation within which persons are working or carrying out inspections or
tests.
Demolition work
12. (1) A contractor shall appoint a competent person in writing to supervise and control all demolition work on site.
(2) A contractor shall ensure that prior to any demolition work being carried out, and in order also to ascertain the method of
demolition to be used, a detailed structural engineering survey of the structure to be demolished is carried out by a competent
person and that a method statement on the procedure to be followed in demolishing the structure is developed.
(3) During the demolition, a competent person shall check the structural integrity of the structure at intervals determined in the
method statement contemplated in sub-regulation (2), in order to avoid any premature collapses.
(4) Every contractor who performs demolition work shall
(a) with regard to a structure being demolished, take steps to ensure that
(i) no floor, roof or other part of the structure is overloaded with debris or material in a manner which would
render it unsafe;
(ii) all reasonably practicable precautions are taken to avoid the danger of the structure collapsing when any
part of the framing of a framed or partly framed building is removed, or when reinforced concrete is cut; and
(iii) precautions are taken in the form of adequate shoring or such other means as may be necessary to
prevent the accidental collapse of any part of the structure or adjoining structure;
(b) not require or permit any person to work under overhanging material or structure, which has not been adequately
supported, shored or braced;
(c) take steps to ensure that any support, shoring or bracing contemplated in paragraph (b), is designed and
constructed so that it is strong enough to support the overhanging material;
(d) where the stability of an adjoining building, structure or road is likely to be affected by demolition work on a structure,
take such steps as may be necessary to ensure the stability of such structure or road and the safety of persons;
(e) ascertain as far as is reasonably practicable the location and nature of electricity, water, gas or other similar services
which may in anyway, be affected by the work to be performed, and shall before the commencement of demolition
work that may affect any such service, take the steps that may be necessary to render circumstances safe for all
persons involved;
(f) cause every stairwell used and every floor where work is being performed in a building being demolished, to be
adequately illuminated by either natural or artificial means;
(g) cause convenient and safe means of access to be provided to every part of the demolition site in which persons are
required to work; and
(h) erect a catch platform or net above an entrance or passageway or above a place where persons work or pass
under, or fence off the danger area if work is being performed above such entrance, passageway, or place so as to
ensure that all persons are kept safe where there is a danger or possibility of persons being struck by falling
objects.
(5) A contractor shall ensure that no material is dropped to any point, which falls outside the exterior walls of the structure,
unless the area is effectively protected.
(6) Waste and debris shall not be disposed from a high place by a chute unless the chute
(a) is adequately constructed and rigidly fastened;
(b) if inclined at an angle of more than 45 degrees to the horizontal, is enclosed on its four sides;
(c) if of the open type, is inclined at an angle of less than 45 degrees to the horizontal;
(d) where necessary, is fitted with a gate at the bottom end to control the flow of material; and
(e) is discharged into a container or an enclosed area surrounded by barriers.
(7) A contractor shall ensure that every chute used to dispose of rubble is designed in such a manner that rubble does not free-
fall and that the chute is strong enough to withstand the force of the debris traveling along the chute.
(8) A contractor shall ensure that equipment is not used on floors or working surfaces, unless such floors or surfaces are of
sufficient strength to support the imposed loads.
(9) Where the risk assessment indicates the presence of asbestos, a contractor shall ensure that all asbestos related work is
conducted in accordance with the provisions of the Asbestos Regulations promulgated by Government Notice No R. 155 of 10
February 2002, as amended.
(10) Where the risk assessment indicates the presence of lead, a contractor shall ensure that all lead related work is conducted
in accordance with the provisions of the, Lead Regulations promulgated by Government Notice No. R.236 of 28 February 2002,
as amended,
(11) Where the demolition work involves the use of explosives, a method statement is to be developed in accordance with the
applicable explosives legislation, by an appointed person who is competent in the use of explosives for demolition work and the
procedures therein are adhered to.
(12) A contractor shall ensure that all waste and debris is as soon as reasonably practicable removed and disposed of from the
site in accordance with the applicable legislation.
Tunneling
13. (1) Any contractor performing tunneling activities shall comply with the Tunneling Regulations as published under the Mine
Health and Safety Act, 1996 (Act No.29 of 1996), as amended.
(2) Notwithstanding the provisions of sub-regulation (1), no person shall enter a tunnel, which has a height dimension less than 800
mm.
Scaffolding
14. (1) Every contractor using access scaffolding, shall ensure that such scaffolding, when used, complies with the safety standards
incorporated for this purpose into these Regulations under section 44 of the Act
(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
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.
(2) No contractor shall use or permit the use of a suspended platform, unless
(a) the design, stability and construction thereof comply with the safety standards incorporated for this purpose into
these Regulations under section 44 of the Act;
(b) he or she is in possession of a certificate of system design issued by a professional engineer, certificated engineer or
a professional technologist for the use of the suspended platform system; and
(c) he or she is, prior to the commencement of the work, in possession of an operational compliance plan developed by a
competent person based on the certificate of system design contemplated in paragraph (b) and applicable to the
environment in which the system is being used, this must include proof of the
(i) competent person who has been appointed for supervision;
(ii) competency of erectors, operators and inspectors;
(iii) operational design calculations which should comply with the requirements of the system
design certificate;
(iv) performance test results;
(v) sketches indicating the completed system with the operational loading capacity of the platform;
(vi) procedures for and records of inspections having been carried out; and
(vii) procedures for and records of maintenance work having been carried out:
Provided that sub-regulation (2) shall only become applicable six months from the date of promulgation
of these regulations.
(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 need not re-submit a copy of the certificate of system design contemplated in sub-regulation (3) for every new
project: Provided that the environment in which the system is being used does not change to such an extent that the system
design certificate is no longer applicable and, should uncertainty exist of the applicability of the system design certificate, the
decision of a professional engineer, certificated engineer or professional technologist shall be decisive.
(5) A contractor shall ensure that the outriggers of each suspended platform
(a) are constructed of steel or any other material of similar strength and have a safety factor of at least four in relation to
the load it is to carry; and
(b) have suspension points provided with stop devices or other effective devices at the outer ends to prevent the
displacement of ropes.
(6) A contractor shall ensure that
(a) the parts of the building or structure on which the outriggers are supported, are checked by means of calculations to
ensure that the required safety factor is adhered to without risk of damage to the building or structure;
(b) the suspension wire rope and the safety wire rope are separately connected to the outrigger;
(c) each person on a suspended platform is provided with and wears a safety harness as a fall prevention device which
must at all times, be attached to the suspended platform or to the anchorage points on the structure whilst on the
suspended platform;
(d) the hand or power driven machinery to be used for the lifting or lowering of the working platform of a suspended
platform is constructed and maintained in such a manner that an uncontrolled movement of the working platform
cannot occur;
(e) the machinery referred to in paragraph (d) is so situated that it is easily accessible for inspection;
(f) the rope connections to the outriggers are vertically above the connections to the working platform; and
(g) where the working platform is suspended by two ropes only, the connections of the ropes to the working platform
are of such height above the level of the working platform as to ensure the stability of the working platform.
(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 and, except when light work is being
done, is secured at every working position to prevent horizontal movement between the suspended platform and the
structure;
(b) is fitted with anchorage points to which workers shall attach the lanyard of the safety harness worn and used by the
worker and such anchorage connections shall have sufficient strength to withstand any potential load applied to it;
and
(c) is fitted with a conspicuous notice easily understandable by all workers working with the suspended platform,
showing the maximum mass load which the suspended platform can carry.
(8) A contractor shall cause
(a) the whole installation and all working parts of the suspended platform to be thoroughly examined in accordance with the
manufacturer's specification;
(b) the whole installation to be subjected to a performance test as determined by the standard to which the suspended
platform was manufactured;
(c) the performance test contemplated in paragraph (b) to be done by a competent person appointed in writing with the
knowledge and experience of erection and maintenance of suspended platforms or similar machinery and who shall
determine the serviceability of the structures, ropes, machinery and safety devices before they are used, every time
suspended platforms are erected;
(d) the performance test contemplated in paragraph (b) of the whole installation of the suspended platform to be subjected to
a load equal to that prescribed by the manufacturer or, in the absence of such load, to a load of 110 per cent of the rated
mass load, at intervals not exceeding 12 months and in such a manner that every part of the installation is stressed
accordingly.
(9) Notwithstanding the provisions of sub-regulation (8), the contractor shall cause every hoisting rope, hook or other load-attaching
device which forms part of the suspended platform to be thoroughly examined in accordance with the manufacturer's specification by
the competent person contemplated in sub-regulation (8) before they are used following every time they are assembled, and, in cases
of continuous use, at intervals not exceeding three months.
(10) A contractor shall ensure that the suspended platform supervisor appointed in terms of the provisions of sub-regulation (1), or the
suspended platform inspector mentioned in
sub-regulation (1), carries out a daily inspection of all the equipment prior to use, including
establishing whether
(a) all connection bolts are secure;
(b) all safety devices are functioning;
(c) all safety devices are not tampered with or vandalized;
(d) the maximum mass load of the platform is not exceeded;
(e) the occupants in the suspended platform are using safety harnesses which have been properly attached;
(f) there are no visible signs of damage to the equipment; and
(g) all reported operating problems have been attended to.
(11) A contractor shall ensure that all inspection and performance test records are kept on the construction site at all times and
made available to an inspector, client, client's agent or employee upon request,
(12) A contractor shall ensure that all employees required to work or to be supported on a suspended platform are
(a) physically and psychologically fit to work safely in such an environment by being in possession of a
medical certificate of fitness;
(b) competent in conducting work related to suspended platforms safely;
(c) trained or had received training which include at least
(I) how to access and egress the suspended platform safely;
(ii) how to correctly operate the controls and safety devices of the equipment;
(iii) information on the dangers related to the misuse of safety devices; and
(iv) information on the procedures to be followed in the case of
(aa) an emergency;
(bb) the malfunctioning of equipment;
(cc) the discovery of a suspected defect in the equipment; and
(v) instructions on the proper use of safety harnesses.
(13) Where the outrigger is to be moved, the contractor shall ensure that only persons trained and competent to effect such
move, perform this task and that an inspection be carried out and the results thereof be recorded by the competent person
prior to re-use of the suspended platform,
(14) A contractor shall ensure that the suspended platform is properly isolated after use at the end of each working day such
that no part of the suspended platform will present a danger to any person thereafter.
.
Boatswain's chairs
16. (1) A contractor shall ensure that every boatswain's chair or similar device is securely suspended and is constructed in such
a manner so as to prevent any occupant from falling therefrom.
(2) The contractor shall ensure that an inspection is carried out prior and a performance test immediately after, the boatswain
chair has been erected and thereafter a visual inspection should be carried out on a daily basis prior to use.
Material hoists
17. (1) A contractor shall ensure that every material hoist and its tower have been constructed of sound material in accordance
with the generally accepted technical standards and are strong enough and free from defects.
(2) A contractor shall cause the tower of every material hoist to be
(a) erected on firm foundations and secured to the structure or braced by steel wire guide ropes and to extend to such a
distance above the highest landing as to allow a clear and unobstructed space of at least 900 mm for overtravel;
(b) enclosed on all sides at the bottom, and at all floors where persons are at risk of being struck by moving parts of the
hoist, except on the side or sides giving access to the material hoist, with walls or other effective means to a height
of at least 2100 mm from the ground or floor level; and
(c) provided with a door or gate at least 2100 mm in height at each landing and such door or gate shall be kept closed,
except when the platform is at rest at such a landing.
(3) A contractor shall cause
(a) the platform of every material hoist to be designed in such a manner that it shall safely contain the loads being
conveyed and that the combined weight of the platform and the load does not exceed the designed lifting capacity of
the hoist;
(b) the hoisting rope of every material hoist which has a remote winch to be effectively protected from damage by any external
cause to the portion of the hoisting rope between the winch and the tower of the hoist; and
(c) every material hoist to be provided with an efficient brake capable of holding the platform with its maximum load in
any position when the power is not being supplied to the hoisting machinery.
(4) No contractor shall require or permit trucks, barrows or material to be conveyed on the platform of a material hoist and no
person shall so convey trucks, barrows or material unless such articles are so secured or contained in such a manner that
displacement thereof cannot take place during movement.
(5) A contractor shall cause a notice, indicating the maximum mass load which may be carried at any one time and the
prohibition of persons from riding on the platform of the material hoist, to be affixed around the base of the tower and at each
landing.
(6) A contractor of a material hoist shall not require or permit any person to operate such a hoist, unless the person is
competent in the operation thereof.
(7) No contractor shall require or permit any person to ride on a material hoist.
(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;
(b) inspection contemplated in paragraph (a), to include the determination of the serviceability of the entire
material hoist including guides, ropes and their connections, drums, sheaves or pulleys and all safety devices;
(c) inspection results to be entered and signed in a record book, which shall be kept on the premises for that purpose;
(d) to be properly maintained and that the maintenance records in this regard are kept on site.
.
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.
(2) A contractor shall ensure that the placement and erection of a batch plant complies with the requirements set out by the
manufacturer and that such plant is erected as designed.
(3) A contractor shall ensure that all devices to start and stop a batch plant are provided and that these devices are
(a) placed in an easily accessible position; and
(b) constructed in such a manner as to prevent accidental starting.
(4) The contractor shall ensure that the machinery and plant selected is suitable for the task and that all dangerous moving
parts of a mixer are placed beyond the reach of persons by means of doors, covers or other similar means.
(5) No person shall be permitted to remove or modify any guard or safety equipment relating to a batch plant, unless authorized
to do so by the appointed person as contemplated in sub-regulation (1).
(6) A contractor shall ensure that all persons authorized to operate the batch plant are fully
(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.
(7) No person supervising or operating a batch plant shall authorize any other person to operate the plant, unless such person
is competent to operate such machinery.
(8) A contractor shall ensure that all precautionary measures as stipulated for confined spaces in the General Safety
Regulations promulgated by Government Notice No. R. 1031 dated 30 May 1986, as amended, are adhered to when entering
any silo.
(9) A contractor shall ensure that a record is kept of any repairs or maintenance to a batch plant and that it is made available, on site,
to an inspector, client, client's agent or employee upon request.
(10) A contractor shall ensure that all lifting machines and lifting tackle used in the operation of a batch plant complies with the
requirements of the Driven Machinery Regulations promulgated by Government Notice No.R.295 dated 26 February 1988, as
amended.
(11) A contractor shall ensure that all precautionary measures are adhered to regarding the usage of electrical equipment in
explosive atmospheres, when entering a silo, as contemplated in the Electrical Installation Regulations promulgated by
Government Notice No, R. 2271 dated 11 October 1995, as amended.
Explosive powered tools
19. (1) No contractor shall use or permit any person to use an explosive powered tool, unless
(a) it is provided with a protective guard around the muzzle end, which effectively confines any flying fragments or
particles; and
(b) the firing mechanism is so designed that the explosive powered tool will not
function unless
(i) it is held against the surface with a force of at least twice its weight; and ;o
(ii) the angle of inclination of the barrel to the work surface is not more then
15 degrees from a right angle:
Provided that the provisions of this sub-regulation shall not apply to explosive powered tools in which the energy of the cartridge is
transmitted to the bolts, nails or similar relevant objects by means of an intermediate piston which has a limited distance of travel.
(2) A contractor shall ensure that
(a) only cartridges suited for the explosive powered tool and the work to be performed are used;
(b) the explosive powered tool is cleaned and examined daily before use and as often as may be necessary for its safe
operation by a competent person who has been appointed;
(c) that the safety devices are in proper working order prior to use;
(d) when not in use, the explosive powered tool and the cartridges are locked up in a safe place, which is inaccessible to
unauthorised persons;
(e) the explosive powered tool is not stored in a loaded condition;
(f) a warning notice is displayed in a conspicuous manner wherever the explosive powered tool is used;
(g) the issuing and collection of cartridges and nails or studs is-
(i) controlled and done in writing by a person having been appointed in writing; and
(ii) recorded in a register and that the recipient has accordingly signed for the receipt thereof as well as the
returning of any spent and unspent cartridges;
(3) No contractor shall permit or require any person to use an explosive powered tool unless such person has been
(a) provided with and uses suitable protective equipment; and
(b) trained in the operation, maintenance and use of such a tool.
Cranes
20. 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 used
(a) account is taken of the effects of wind forces on the structure;
(b) account is taken of the bearing capacity of the ground on which the tower crane is to stand;
(c) the bases for the tower cranes and tracks for rail-mounted tower cranes are firm
and level;
(d) the tower cranes are erected at a safe distance from excavations;
(e) there is sufficient clear space available for erection, operation and dismantling;
(f) the tower crane operators are competent to carry out the work safely; and
(g) the tower crane operators are physically and psychologically fit to work in such an environment by being in
possession of a medical certificate of fitness.
Construction vehicles and mobile plant
21 (1) A contractor shall ensure that all construction vehicles and mobile plants
(a) are of an acceptable design and construction;
(b) are maintained in a good working order;
(c) are used in accordance with their design and the intention for which they where designed, having due regard to
safety and health;
(d) are operated by workers who-
(i) have received appropriate training and been certified competent and been authorised to operate such
machinery; and
(ii) are physically and psychologically fit to operate such construction vehicles and mobile plant by being in
possession of a medical certificate of fitness;
(e) have safe and suitable means of access;
(f) are properly organised and controlled in any work situation by providing adequate signaling or other control
arrangements to guard against the dangers relating to the movement of vehicles and plant, in order to ensure their
continued safe operation;
(g) are prevented from falling into excavations, water or any other area lower than the working surface by installing
adequate edge protection, which may include guardrails and crash barriers;
(h) where appropriate, are fitted with structures designed to protect the operator from falling material or from being
crushed should the vehicle or mobile plant overturn;
(i) are equipped with an electrically operated acoustic signaling device and a reversing alarm; and
(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.
(2) A contractor shall furthermore ensure that
(a) no person rides or be required or permitted to ride on any construction vehicle or mobile plant otherwise than in a
safe place provided thereon for that purpose;
(b) every construction site is organised in such a way that, as far as is reasonably practicable, pedestrians and vehicles
can move safely and without risks to health;
(c) the traffic routes are suitable for the persons using them, sufficient in number, in suitable positions and of sufficient
size;
(d) every traffic route is, where necessary indicated by suitable signs for reasons of health or safety;
(e) all construction vehicles and mobile plant left unattended at night, adjacent to a freeway in normal use or adjacent to
construction areas where work is in progress, shall have appropriate lights or reflectors, or barricades equipped with
appropriate lights or reflectors, in order to identify the location of the vehicles or plant;
(f) bulldozers, scrapers, loaders, and other similar mobile plant are, when being repaired or when not in use, fully
lowered or blocked with controls in a neutral position, motors stopped and brakes set;
(g) whenever visibility conditions warrant additional lighting, all mobile plant are equipped with at least two headlights and
two taillights when in operation;
(h) tools and material are secured in order to prevent movement when transported in the same compartment with
employees;
(i) vehicles used to transport employees have seats firmly secured and adequate for the number of employees to be
carried; and
(j) when workers are working on or adjacent to public roads, reflective indicators are provided and worn by the workers.
Electrical installations and machinery on construction sites
22. Notwithstanding the provisions contained in the Electrical Installation Regulations promulgated by Government Notice
No.R.2920 of 23 October 1992 and the Electrical Machinery Regulations promulgated by Government Notice No. R.1953 of 12
August 1988, respectively, as amended, a contractor shall ensure that
(a) before construction commences and during the progress thereof, adequate steps are taken to ascertain the presence
of and guard against danger to workers from any electrical cable or apparatus which is under, over or on the site;
(b) all parts of electrical installations and machinery are of adequate strength to
withstand the working conditions on construction sites;
(c) in working areas where the exact location of underground electric power lines is unknown, employees using
jackhammers, shovels or other hand tools which may make contact with a power line, are provided with insulated
protective gloves or otherwise that the handle of the tool being used is insulated;
(d) all temporary electrical installations are inspected at least once a week and
electrical machinery on a daily basis before use on a construction site by a
competent person and the records of these inspections are recorded in a register
to be kept on site; and
(e) the control of all temporary electrical installations on the construction site is designated to a competent person who has
been appointed in writing.
.
Use and temporary storage of flammable liquids on construction sites
23. Notwithstanding the provisions for the use and storage of flammable liquids as determined in the General Safety Regulations
promulgated by Government Notice No.R1031 dated 30 May 1986, as amended, a contractor shall ensure that
(a) where flammable liquids are being used, applied or stored at the workplace
concerned, this is done in such a manner which would cause no fire or explosion hazard, and that the workplace is
effectively ventilated: Provided that where the workplace cannot effectively be ventilated-
(i) every employee involved is provided with a respirator, mask or breathing apparatus of a type approved by
the chief inspector, and
(ii) steps are taken to ensure that every such employee, while using or applying flammable liquid, uses the
apparatus supplied to him or her;
(b) no person smokes in any place in which flammable liquid is used or stored, and such contractor shall affix a suitable and
conspicuous notice at all entrances to any such areas prohibiting such smoking;
(c) flammable liquids on a construction site is stored in a well-ventilated reasonably fire resistant container, cage or
room and kept locked with proper access control measures in place;
(d) an adequate amount of efficient fire-fighting equipment is installed in suitable locations around the flammable liquids
store with the recognized symbolic signs;
(e) only the quantity of flammable liquid needed for work on one day is to be taken out of the store for use;
(f) all containers holding flammable liquids are kept tightly closed when not in actual use and, after their contents have
been used up, to be removed from the construction site and safely disposed of;
(g) where flammable liquids are decanted, the metal containers are bonded or earthed; and
(h) no flammable material such as cotton waste, paper, cleaning rags or similar material is stored together with
flammable liquids.
Water environments
24. (1) A contractor shall ensure that where construction work is done over or in close proximity to water, provision is made for
(a) preventing workers from falling into water; and

(b) the rescuing of workers in danger of drowning.
(2) A contractor shall ensure that where a worker is exposed to the risk of drowning by falling into the water, a lifejacket is provided
to and worn by the worker.
Housekeeping on construction sites
25. Notwithstanding the provisions of the Environmental Regulations for Workplaces promulgated by Government Notice No. R2281
dated 16 October 1987, as amended, a contractor shall ensure that
(a) suitable housekeeping is continuously implemented on each construction site, including provisions for the
(i) proper storage of materials and equipment; and
(ii) removal of scrap, waste and debris at appropriate intervals;
(b) loose materials required for use, are not placed or allowed to accumulate on the site so as to obstruct means of access
to and egress from workplaces and passageways;
(c) waste and debris are not disposed of from a high place with a chute, unless the chute complies with the requirements set
out regulation 12(6):
(d) construction sites in built-up areas, adjacent to a public way, are suitably and sufficiently fenced off and provided with
controlled access points to prevent the entry of unauthorized persons.
(e) a catch platform or net is erected above an entrance or passageway or above a place where persons work or pass
under, or fence off the danger area if work is being performed above such entrance, passageway, or place so as to
ensure that all persons are kept safe in the case of danger or possibility of persons being struck by falling objects.
Stacking and storage on construction sites
26. Notwithstanding the provisions for the stacking of articles contained in the General Safety Regulations promulgated by
Government Notice NO.R1031 dated 30 May 1986, as amended, 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;
(b) adequate storage areas are provided;
(c) there are demarcated storage areas; and
(d) storage areas are kept neat and under control.
Fire precautions on construction sites
27.Subject to the provisions of the Environmental Regulations for Workplaces promulgated by Government Notice No. R.2281 of
16 October 1987, as amended, every contractor shall ensure that
(a) all appropriate measures are taken to avoid the risk of fire;
(b) sufficient and suitable storage is provided for flammable liquids, solids and gases;
(c) smoking is prohibited and notices in this regard are prominently displayed in all places containing readily combustible or
flammable materials;
(d) in confined spaces and other places in which flammable gases, vapors or dust can cause danger
(i) only suitably protected electrical installations and equipment, including portable lights, are used;
(ii) there are no flames or similar means of ignition;
(iii) there are conspicuous notices prohibiting smoking;
(iv) oily rags, waste and other substances liable to ignite are without delay removed to a safe place; and
(v) adequate ventilation is provided;
(e) combustible materials do not accumulate on the construction site;
(f) welding, flame cutting and other hot work are done only after the appropriate precautions as required have been
taken to reduce the risk of fire;
(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;
(i) a sufficient number of workers are trained in the use of fire-extinguishing equipment;
(j) where appropriate, suitable visual signs are provided to clearly indicate the escape routes in the case of a fire;
(k) the means of escape is kept clear at all times;
(I) there is an effective evacuation plan providing for all-
(i) persons to be evacuated speedily without panic;
(ii) persons to be accounted for, and
(iii) plant and processes to be shut down; and
(m) a siren is installed and sounded in the event of a fire.
Construction welfare facilities
28.(1) Notwithstanding the construction site provisions contained in the Facilities Regulations promulgated by Government Notice
No.R. 1593 of 12 August 1988, as amended, a contractor shall, depending on the number of workers and the duration of the work,
provide at or within reasonable access of every construction site, the following clean and maintained facilities:
(a) at least one shower facility for every 15 workers;
(b) at least one sanitary facility for every 30 workers;
(c) changing facilities for each sex; and
(d) sheltered eating areas.
(2) A contractor shall provide reasonable and suitable living accommodation for the workers at construction sites which are remote
from their homes and where adequate transportation between the site and their homes, or other suitable living accommodation, is
not available.
Approved Inspection Authorities
29. (1) The Chief Inspector may approve as an Inspection Authority any organization
that has been accredited in terms of the provision of the Act and these regulations.
(2) The Chief Inspector may at any time withdraw any approval of an approved inspection authority, subject to section 35 of the
Act.
Offences and penalties
30. Any person who contravenes or fails to comply with any of the provisions of regulations 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28, shall be guilty of an offence and liable upon conviction to a fine or to
imprisonment for a maximum of 12 months and, in the case of a continuous offence, to an additional fine of R200 for each day
on which the offence continues or additional imprisonment of one day for each day on which the offence continues: Provided
that the period of such additional imprisonment shall not exceed 90 days.
Repeal of regulations
31 .The following regulations are herewith repealed:

(a) Regulations 11, 12, 13, 13C, 13D, 13E, 13F and 13G of the, General Safety Regulations promulgated by
Government Notice No.R.1031 of 30 May 1986;
(b) regulations 19 and 20 of the, Driven Machinery Regulations promulgated by Government Notice No.R.295 of 26
February 1988; and
(c) regulations 14 of the, General Administrative Regulations promulgated by Government Notice No.R.1449 of 6
September 1996.
Short title
32. These regulations shall be known as the Construction Regulations, 2003,
ANNEXURE A
OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 Regulation 3 of the Construction Regulations, 2003
NOTIFICATION OF CONSTRUCTION WORK
1. (a) Name and postal address of principal contractor:
(b) Name and tel. no of principal contractor's contact person:
2. Principal contractor's compensation registration number:
3. (a) Name and postal address of client:
(b) Name and tel no of client's contact person or agent:
4. (a) Name and postal address of designer(s) for the project:

(b) Name and tel. no of designer(s) contact person:
5. Name and telephone number of principal contractor's construction supervisor on site appointed in terms of regulation 6(1).
6. Name/s of principal contractor's sub-ordinate supervisors on site appointed in terms of regulation 6(2).
7. Exact physical address of the construction site or site office:
8. Nature of the construction work:
9. Expected commencement date:
10. Expected completion date:
11. Estimated maximum number of persons on the construction site.
12. Planned number of contractors on the construction site accountable to principal

contractor:
13. Name(s) of contractors already chosen.
Principal Contractor ____________________________________Date_____________________
Client _____________________________________________Date____________________
THIS DOCUMENT IS TO BE FORWARDED TO THE OFFICE OF THE

DEPARTMENT OF LABOUR PRIOR TO COMMENCEMENT OF WORK ON SITE.
ALL PRINCIPAL CONTRACTORS THAT QUALIFY TO NOTIFY MUST DO SO EVEN IF ANOTHER PRINCIPAL
CONTRACTOR ON THE SAME SITE HAD DONE SO PRIOR TO THE COMMENCEMENT OF WORK.
DEPARTMENT OF LABOUR
No. R. 1020 18 July 2003
Occupational Health and Safety Act, 1993 Incorporation of Safety Standards in the Construction Regulations, 2003
Under section 44 of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), I, Membathisi Mphumzi Sherpard
Mdladlana, Minister of Labour, after consultation with the Advisory Council for Occupational Health and Safety, hereby incorporate in
the Construction Regulations, 2003 the health and safety standards specified in the Schedule.
M M S Mdladlana Minister of Labour.
SCHEDULE
1. Regulation 14(1)
The South African Bureau of Standards' Code of Practice SABS 085, as amended, entitled The Design, Erection, Use and
inspection of Access Scaffolding".
2. Regulation
The South African Bureau of Standards' Standard Specification SABS EN 1808, as amended, entitled" Safety Requirements on
Suspended Access Equipment - Design calculations, stability criteria, construction-tests".
The South African Bureau of Standards' Standard Front-end Specification SABS 1903, as amended, entitled" Safety
Requirements on Suspended Access Equipment - Design calculations, stability criteria, construction-tests".

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List of emergency numbers

Monthly Working documents

Records of Health and Safety documents

1. Site risk assessment

10. Method statements

a. General safety, equipment and tool inspection

11. Accident investigation

Act and regulations

1. The Occupational health and Safety Act

Monthly Working documents

Inspector ______________________ Signature ___________________

Personal Protective Equipment Issuing form

Date ID Name Contractor Signature

Excavation request and authorisation sheet

Date ID Name Signature

Monthly tool/plant inspection register Date

Item 1 Wound cleaner / antiseptic (100ml)

Records of Health and Safety documents

1. Site risk assessment

10. Method statements

a. General safety, equipment and tool inspection

11. Accident investigation

* Occupational Health & Safety Act 85 of 1993

d) Proof of such induction are kept on file at the site.

i) Copies of such reports will be made available to the sub-contractor

NHG EXTERIORS Health and Safety program makes provision that:

i) storage areas are kept neat and under control

7. Personal Protective clothing and Equipment

i) To limit these risks as far as possible

c) Fatalities or very serious incidents will immediately be reported to the Inspectorate.

9. Recording & Investigation of Incidents.

11. Emergency Procedures

a) An emergency contingency plan is drawn up for each site in case of an emergency.

b) Emergency procedures will be communicated to all employees during company induction.

12. Gas Welding & Cutting

In terms of the above-mentioned Act:

________________________ as sub-contractor responsible for ______________________________

The appointment is valid from ____________________ until ____________________

i. Proof of good standing with the unemployment and compensation fund.

ii. A copy of this safety specification from NHG Exteriors.

vi. Copy of mandatary agreement with NHG Exteriors.

xvii. First aid treatment register.

xviii. List of emergency number for any emergency onsite.

xix. Emergency plan.

xx. Accident investigation procedures and copies of investigations.

xxv. Housekeeping procedures.

xxvi. Fire prevention procedures.

xxvii. Procedures for disciplinary action taken for workers noncompliance.

xxviii. Copy of the act and construction regulations.

Signature: _________________ Designation: ______________________

I _______________________ accept this appointment on behalf of _____________________.

Signed: _______________ Date: ________________

3. Control measures (risk assessment and training)

4. Risk assessment of all work at heights

6. Training requirements, program and record keeping

8. Fall prevention methods (safe work procedures)

The roofwork contractor/supervisor is responsible to do a risk assessment on

III. Workers competency

IV. Adverse weather condition rules

All roofwork shall be suspended immediately when the following weather

a) Strong or erratic wind conditions

V. Safety Signs and entry prevention

All areas directly below roofwork must be properly barricaded and

Inspector ____ Signature _

as sub-contractor responsible for ______

The appointment is valid from until

Signature: _ Designation: ______

I ___ accept this appointment on behalf of _.

Signed: _ Date: __

I,____ of NHG EXTERIORS appoint you _

The appointment is valid from until _

I,____ of NHG EXTERIORS appoint you _

The appointment is valid from _ until __

The appointment is valid for the period of to ____

I,_ of NHG EXTERIORS appoint you

The appointment is valid from until _