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Document 13
SITE HEALTH and SAFETY SPECIFICATION
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SITE HEALTH and SAFETY SPECIFICATION

CONTENTS OF THE SPECIFICATION

1. FOREWORD
2. PURPOSE
3. SCOPE
4. TERMS AND DEFINITIONS
5. CLIENT’S SPECIFICATION FOR THE HEALTH AND SAFETY PLAN
6. RESPONSIBILITIES
7. ADMINISTRATIVE AND LEGAL REQUIREMENTS
8. GENERAL ADMINISTRATION
9. CONSTRUCTION ACTIVITIES
10. PLANT AND MACHINERY
11. EMPLOYEES UNDER THE INFLUENCE OF ALCOHOL OR DRUGS
12. PRINCIPAL CONTRACTOR AND CONTRACTORS INDEMNITY
13. MANDATORY AGREEMENT IN TERMS OF THE OCCUPATIONAL HEALTH & SAFETY ACT
85 OF 1993 – SECTION 37 (2)
14 SITE HEALTH & SAFETY SPECIFICATION ACCEPTANCE

1 FOREWORD

This Health and Safety Specification details the legislative and contractual requirements in
accordance with the Occupational Health and Safety Act (85 of 1993) and the Construction
Regulations, which were incorporated into the Act on 18 July 2003.

Legislation ensures that Contractors remain the responsibility of the Principal Contractor. The
Health and Safety Specification has been implemented to ensure compliance by all
Contractors.

This Specification, the Occupational Health and Safety Act (85 of 1993) and the Construction
Regulations shall constitute the minimum requirements to be met with regards to Health and
Safety, with the ACT taking preference should there be any contradiction between the
documents.

2 PURPOSE

To define the arrangements between the Client and the Principal Contractor, this agreement is
to ensure that the Contractor and their subordinates comply with the legislation and the
procedures in this Health and Safety Specification on the Project.

3 SCOPE

The Health and Safety Specification outlines the Client’s commitment and involvement to
implement policies and procedures to comply with legal and agreed Contractual Requirements.
In order to prevent incidents or accidents for the duration of the Project, the Specification is a
documented plan for all the health and safety requirements pertaining to the associated task
being performed on the Project to ensure the health and safety of persons.
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4 TERMS AND DEFINITIONS

The terms and definitions listed as per Occupational Health and Safety Act (85 of 1993) and
the Construction Regulations.

The Site: University of the Western Cape

Client: Purchasing Consortium Southern Africa NPC / PURCO on
behalf of The University of the Western Cape
Principal Contractor / Contractor:
Consulting Lift Engineer: WAC Lift Consulting Engineers (Pty) Ltd
Contractor‘s / Lift-Contractor‘s Project
Manager:
Contractor‘s / Lift-Contractor‘s Safety
Officer:

“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”;
(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,
(d) railway, runway, sewer or water reticulation system or any similar civil engineering structure; or
the moving of earth, clearing of land, the making of an excavation, piling, or any similar type of
work.

“Contractor”; means an employer, as defined in section 1 of the Act, who performs construction work
and includes principal contractors.

“Employer”; means any person who is employed by or works for an employer and receives or is
entitled to receive any remuneration or who works under the direction or supervision of that employer

“Agent”; means any person who acts as a representative for the Client.

“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.

“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.

“Workplace”; means any premises or place where a person performs work in the course of his
employment.
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“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.

“Fall Prevention Equipment”; means equipment used to prevent persons from falling from an elevated
position, including personal 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.

5 CLIENT’S SPECIFICATION FOR THE HEALTH AND SAFETY PLAN

5.1 The purpose of this Health and Safety Specification is to demonstrate the Clients commitment
and responsibilities in achieving compliance with Occupational Health and Safety Act (85 of
1993) and the Construction Regulations. The Specification is to provide a guideline to
appointed Contractors as to how contract specification and client requirements regarding health
and safety at the Workplace will be achieved.

5.2 The Client is responsible for the preparation of the Health and Safety Specification for the
Project (Construction Regulation 4.1.a) which must include the following:

5.2.1 appointing the Principal Contractor;

5.2.2 providing Health and Safety information relating to the Project;
5.2.3 auditing the Principal Contractor on a monthly basis (or whenever necessary)
5.2.4 prohibiting unsafe activities;
5.2.5 ensuring that the Contractor has compensation registration covering all occupational
injuries and diseases for the duration of the Project;
5.2.6 the Contractor has made provision for Health and Safety measures during the
construction process;
5.2.7 negotiation and approval of the Contractor’s Health and Safety Plan submitted by for
the project;
5.2.8 the Health and Safety Specification must be provided for any Contractor who is making
a bid or appointed to perform the Construction Work.

5.3 In terms of the Construction Regulations 4(5), a Client may appoint an Agent in writing to act
as his or her representative and where such an appointment is made, the responsibilities as
are imposed by these regulations upon a Client, shall as far as reasonably practicable apply to
the Agent so appointed.

5.4 A Client shall not 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.

6 RESPONSIBILITIES

Legislation and contractual requirements ensure that Contractor’s appointed persons remain
responsible for implementing and maintaining of the Safety Plan submitted to the Principal
Contractor for the duration of the Project. The Employer’s appointed person and subordinates
shall take reasonable steps to ensure that all tasks are carried out as stated within the
Contractor’s Health and Safety Plan.
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7 ADMINISTRATIVE AND LEGAL REQUIREMENTS

7.1 Management Structures and Legal Appointments:

The Construction Regulations are very focussed on control and subsequently require that every
aspect addressed by the regulations and this specification are supervised and controlled by a
Competent Person. Clear lines of responsibility are defined to ensure that the requirements of
the ACT and the Construction Regulations are met.

The Chief Executive Officer (CEO) is, in terms of Section 16(1) of the Occupational Health and
Safety Act (85 of 1993), responsible and accountable for health and safety in the Company.
The CEO may delegate responsibility (Occupational Health and Safety Act 85 of 1993 Section
16.2) and accountability to Managers for health and safety in their respective departments,
divisions or business units however, he will remain ultimately responsible.

The Section 16 (2) appointee(s) accepts total responsible and will oversee that all legal, Client
and company Health requirements are being implemented and maintained and on the Project
He / She will manage this by delegating the following duties to the Construction Work
Supervisor.

A Construction Work Supervisor (Construction Regulations 6.1) shall be appointed in writing to

assist in ensuring compliance and performance standards are achieved by supervising the
Construction Work being performed on the Project.

The Contractor may appoint a Subordinate Construction Work (Construction Regulation 6.2) to
assist Construction Work Supervisor, although the designation of such an employee shall not
relieve the Construction Work Supervisor of his duties.

The Contractor shall ensure that each appointee is competent to perform the task required by
the appointment, and will have the necessary training, experience and qualifications related to
their areas of responsibility.

Current copies of all appointments and an updated register of appointments must be available
for scrutiny and shall be kept in the Contractor’s Safety File on site. Any changes in site
personnel must be immediately dealt with by making the required appointments. Where
changes in the management structure are made, appointments are revised as soon, as is
reasonably practical.

7.2 General Requirements:

The Contractor appointed for the execution of the intended Construction Work on the Project
will be responsible for ensuring that he is conversant with the requirements of the Client ‘s
Health and Specification, the Occupational Health and Safety Act 85 of 1993 and the
Construction Regulations. He must agree to the terms and conditions of this agreement, by
signing acknowledgment and acceptance before any work commences on site.

In terms of this agreement, the Client or Client’s Representative reserves the right to request
immediate correction for any non-compliance’s by the Contractor and its subcontractors for the
duration of work being performed on the Project. The Principal Contractor will not be held
accountable for delays in the work schedule that has resulted from work being stopped by the
Client or Client’s Representative for Contractors and its Lift-Contractors non-compliance’s to
legal requirements and not adhering to the Client’s Health and Safety Specification on the
Project.

The Contractor will ensure that all subcontractors employed on the Project maintain a Health
and Safety File and submit such documentation to the Contractor on completion of the Project.
Lift-Contractors Health and Safety Files will be handed over to the Client by the Contractor on
the completion of the contract work performed by the Contractor.
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The Contractor will be held accountable for further cost incurred to the Contract for reviewing
and monitoring of Contractors non-compliance’s to legal administrative and physical
requirement for the Project. Additional audits and inspections which initiate from the
Contractor’s non-compliance’s for the Project as a result of Contractors not adhering to and
maintaining the standards and procedures according to Client’s Health and Safety
Specification, will be for the Contractors accountability.

7.3 Notification of Intention to Commence Construction Work:

The Principal Contractor must before doing any Construction Work, notify the Department of
Labour in writing of the intended work. The notification to the Department of Labour must be
done according to the form mentioned in Regulation 3 of the Construction Regulations, 2003.

A copy of the notification must be kept on site in the Health and Safety File for inspection by
and Inspector, the Client, Client’s Agent and employee.

The Client must do this notification. The Client my exercise his or her prerogative to depute
this function to the agent or the Principal Contractor.

7.4 Written Proof of Registration / Letter of Good Standing:

7.4.1 Letter of Good Standing; The Contractor will supply an updated copy of their Letter
of Good Standing ensuring registration with an insurance fund or either the
Compensation Commissioner paid up for the duration of the Project before they begin
work on site. All employees who sustain injury or suffer occupational disease will be
covered in terms of the COID ACT 130 of 1993 (Compensation for Occupational
Injuries and Diseases ACT 130 of 1993) and the Construction Regulations 4(1) (g) &
5(3) (f) to ensure that every Contractor is registered.

7.4.2 Public Liability; The Principal Contractor is to furnish proof of adequate Public Liability
insurance cover in relation to the work undertaken on the Project.

7.5 Arrangements with Contractors:

7.5.1 Mandatory Agreement;

Contractors will be required to sign a written Mandatory Agreement as per Section

37(1) and Section 37(2) of the Occupational Health and Safety Act (85 of 93) with the
Principle Contractor, before commencing any work on site. The Principal Contractor
shall ensure statuary regulatory requirements are met in various aspects such as:
a) Insurance,
b) Administration,
c) Supervision, and Appointments,
d) Training,
e) Safety Induction,
f) Accident Procedures.
g) Health & Safety Representatives/Safety Meetings,
h) First Aid, Accident Procedures,
i) Machinery,
j) Portable Electrical Equipment,
k) Working at Heights,
l) Housekeeping,
m) General Health and Safety Requirements and the
n) The Contractors Health & Safety Plan.
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7.5.2 Principal Contractor’s/Clients Responsibilities;

7.5.2.1 The Principal Contractor /Employer/Client shall ensure that all Contractors appointed
comply with this specification. The contents of the Health and Safety Plan shall be
discussed and negotiated with the Contractor before final approval and implementation
by the Client. All Subcontractors are Employers in their own right and must therefore
comply with the relevant legislation as per the Occupational Health and Safety Act (85
of 93) and the Construction Regulations July 2003 related to their task being performed
and are equally responsible for their own employees.

7.5.2.2 The Principal Contractor must ensure that potential Contractors submitting tenders
have made provision for the cost of Health and Safety measures during the
construction process.

7.5.2.3 The Principal Contractor must ensure that where changes are brought about to the
design and construction, sufficient health and safety information and appropriate
resources are made available to Contractor’s so as to allow them to execute the work
safely.

7.5.2.4 The Principal Contractor must ensure that every Contractor is registered and in good
standing with a recognised compensation fund or with a licensed compensation insurer
prior to work commencing on site.

7.5.2.5 The Principal Contractor shall only 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.

7.5.2.6 The Principal Contractor shall hand over a consolidated Health and Safety File to the
Client upon completion of the Construction Work and shall include a record of all
drawings, designs, materials used and other similar information concerning the
completed structure.

7.5.3 (Sub-) Contractors Responsibilities;

7.5.3.1 The Contractor and its subcontractors shall ensure that all work performed is done
under the supervision of trained and Competent Persons.

7.5.3.2 Contractors shall co-operate with the Principal Contractor as far, as is necessary to
enable compliance with the provisions of the Health and Safety Act (85 of 93).

7.5.3.3 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 Contractor’s Health and Safety Specification contemplated in Construction
Regulation 5-(3) (a) provided by the Principal Contractor. The plan shall be applied
from the date of commencement and for the duration of the Construction Work.

7.5.3.4 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.

7.5.3.5 Every Contractor shall as far as is reasonably practicable, provide the Principal
Contractor with any information which might affect the health and safety of any person
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.
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7.6 Health, Safety and Environmental Policy;

A written Company Health, Safety and Environmental Policy signed by the Chief Executive
Officer, demonstrating Managements commitment and responsibilities in achieving and
maintaining legal compliance to the applicable legislation must be submitted. The Policy should
outline the Employer’s objectives, which should be communicated to all Employees that may
be affected by the working operations.

Through an Environmental Policy Plan, objectives and targets will address the environmental
aspects and impacts for the work to be performed. Management’s commitments to minimizing
the risk of exposure must be defined.

7.7 Occupational Health and Safety Act Available;

In terms of the General Administrative Regulations 4, the Contractor shall have a copy of the
Occupational Health and Safety Act (85 of 1993) and the relevant regulations readily available
where five or more persons employ at the Workplace. Provided that, where the total number
of employees is less than five, the employer shall, on request of an employee, make a copy of
the Occupational Health and Safety Act (85 of 1993) available to that employee.

7.8 Risk Assessment;

7.8.1 Every Contractor must, before commencement of a contract and during Construction
Work, have a Risk Assessment carried out by a Competent Person appointed in writing.
The written Risk Assessment must form part of the site Health and Safety Plan
submitted for approval by the Client.

7.8.2 All risk associated with the task to be performed by the Contractor must be assessed
for which written safe working procedures must be derived to mitigate, reduce or control
the risk and hazards that have been identified.

7.8.3 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.

7.8.4 Copies of the risk assessments must be available on request by the Principal
Contractor, Safety Officer or Clients Safety Representative for review. Confirmation of
the Contractor’s employees having signed for training and received information in risk
assessment will be monitored.

7.8.5 The Principal Contractor shall ensure that all Contractors inform, instruct and train their
workers by a Competent Person regarding any hazard and the related work procedures
before any work commences, and thereafter at such times to suit any changes in the
site conditions.

7.8.6 The Contractor is required to have weekly toolbox talks with his Employees to inform
them of the safety issues related to their scope of work. The Contractor’s employees
must sign acknowledgment of having received the training. Copies of the documents
shall be kept in the Contractor’s Health & Safety File for inception by the Client, Clients
Agent or Inspector.
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7.9 Health and Safety Meetings;

7.9.1 Site Safety Meetings; To ensure Health and Safety issues are been properly
addressed on the Project, the Contractor must conduct and record meetings whenever
necessary depends on the scope of work to discuss relative matters or incidents that
have occurred. The minutes of the safety meetings must be filed in the Health and
Safety File for viewing by the Client, Clients Representative or Inspector. All
Employees attending meetings will be required to sign an attendance register as proof
of attendance.

7.9.2 Health & Safety Representatives and Committees; The workforce must nominate
health and Safety Representatives and Committee Members appointed in writing. The
Contractor must ensure that the Health and Safety Representatives are formally trained
to carry out their functions such as, regular inspections, record keeping and reporting
on all findings to the Responsible Person. A minimum of one Health and Safety
Representative will be appointed as soon as an Employer has 20 Employees at the
Workplace and one for every group of 50 employees.

7.10 Medical Certificates of Fitness;

The Contractor shall ensure that operators of vehicles, mobile plant, cranes etc. and persons
working in elevated positions are in possession of medical certificates of fitness, where so
required by the Act. A register of these persons shall be kept on site, and certificates of fitness
shall be made available upon request. This certificate shall be valid for 12-months.

7.11 Health and Safety Training;

7.11.1 Promotion; Occupational Health and Safety must be promoted on an on-going basis.
The Contractor must ensure that on site toolbox talks and Health & Safety Meetings
are taking place. These must address immediate risk relevant to the work been
performed and records of employees attendance must be available on request. Copies
of attendance registers must be kept in the Health and Safety File on site.

Contractors must provide information, instructions, training and supervision as may be

necessary to ensure, as the health and safety at work of his employees (Occupational
Health and Safety Act 85 of 1993 Section 8.e). A record of attendance for the training
shall be kept in the Health and Safety File on site.

7.11.2 Induction; No Contractor shall permit any employee to enter a site unless he/she has
undergone Safety Induction training pertaining to the hazards prevalent on the site and
pertaining to his/her specific job. Contractors must have written proof of employees
having received Basic Occupational Health and Safety Training.

7.11.3 Semi-skilled; Where semi-skilled employees are employed, the Contractor must
ensure adequate supervision must be provided to maintain the standards of work and
statutory requirements of the health and safety standards for the Project are been
maintained.

7.12 Certificates of Competency;

7.12.1 All Competent Persons appointed must provide proof of applicable training, experience
and qualifications according to their designated appointment for the specific task they
have to supervise.

7.12.2 The Principal Contractor is responsible to ensure that Contractors appointees are
competent to carry out the Construction Work.
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7.13 Health and Safety Audits;

7.13.1 Client Legal Compliance; The Client must conduct periodic audits to ensure that the
Contractor’s Health and Safety Plan is implemented and maintained on the Project
(Construction Regulation 4.1(d). The periodic audits must be at intervals agreed upon
between the Client and the Contractor, but at least once every month.

7.13.2 Contractor Legal Compliance; Construction Regulation 5.3(c) requires that the
appointed Principal Contractor perform the same function mentioned in 7.13.1 of this
document on their Contractors.

7.13.3 Audit Requirements; Audit reports must be filed in the Health and Safety File on site
and must be available on request. The audit must include an administrative
assessment as well as a physical inspection of the Contractor’s Health and Safety
program.

7.14 Reporting of Incidents, Injuries and Accident Investigation;

All incidents and injuries, which fall into the categories of first aid, medical, disabling, fatal or
have resulted in injury to persons or damage to property or machinery shall be reported to the
Client. Reports of near miss, no damage or damage only non-injury incidents that had the
potential to result in injury/ill health to employees or damage must be also reported to the Client
in the same manner as incidents and injuries that have occurred.

Reportable incidents mentioned in terms of the Occupational Health and Safety Act (85 of 93)
Section 24 must be reported to the Department of Labour in the prescribed manner.

In Terms of the General Administrative Regulations 9(2)(1), the Contractor must investigate
and record all injuries to persons and damage to property, with the reports being compiled in
the form of Annexure1 immediately after the investigation is completed. Contractors must
forward copies of the investigation reports, containing full details of the incident, to the Client
within twenty-four hours of the occurrence of the incident.

The final report must be accompanied by a report from an Independent Investigator.

7.15 First Aid;

The Contractor must provide his own first aid box at the Workplace where more than five
persons are employed [General Safety Regulations 3(2)]. The box must be available and
accessible at all time.

Where more than 10 persons are employed, a qualified first-aider must be available for every
50 persons [General Safety Regulations 3(4)]. The Principal Contractor and all Contractors
shall appoint First Aider(s) in writing. Copies of valid certificates are to be kept on site.

Notices indicating the position of the first aid box and the name of the first-aider must be
displayed in conspicuous places in the Workplace [General Safety Regulations 3(6)].

Employees must report injuries and have them treated (Section 14) and [General Safety
Regulations 3(7)].

7.16 Emergency Procedures;

The Contractor must develop a Specific Emergency Response Plan for the Project for the
Clients approval before any work starts on site. The document shall constitute the Emergency
Response Plan for immediate responding to and managing the aspects of the various
emergency incidents, fire, chemicals spills, injury to persons, damage to materials and
properties, major incidents, etc.
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Key elements detailed in the response plan must include the following, list of key competent
personnel, details of emergency services, action steps to be taken in the event of the specific
types of emergencies and information on any hazardous material/situations.

A contact list of all emergency service providers (Fire Department, Ambulance, Police, Medical
and Hospital, etc.) must be maintained and available for site personnel.

An emergency situation, which is likely to require outside emergency assistance, may attract
mass circulation, written media or electronic media attention and be harmful to the Client’s
reputation. No person may comment on the incident on site without prior approval from the
Client.

7.17 Registers and Checklist;

According to the legislative requirements, the Contractor shall compile formal checklist and
registers to demonstrate and maintain compliance with the Occupational Health and Safety Act
(1993 of 85) and the Construction Regulations. The Principal Contractor shall ensure that all
records of incidents or accidents Inspections, audits, training etc. are kept in a Health & Safety
File on the Project and are available on request.

8 GENERAL ADMINISTRATION

8.1 Site Safety File;

The Contractor shall provide and maintain a Health and Safety File where all necessary
administrative documentation for compliance with the provisions of Occupational Health and
Safety Act (85 0f 93) and the Construction Regulations will be kept. On completion of the
Project, the Contractor will submit his consolidated Health and Safety File and all relative
documentation to the Client. Specific requirements pertaining to the contents of the Health and
Safety File are as follows:

8.1.1 Clients Health and Safety Specification.

8.1.2 Company Health and Safety Plan.

8.1.3 Mandatory Agreement as per Section 37 of the Occupational Health and Safety ACT.

8.1.4 Notification of Intention to Commence Construction Work/ Permission to install and

use.

8.1.5 Written Proof of Registration / Letter of Good Standing.

8.1.6 Public Liability.

8.1.7 Appointments; the following designations / appointments must be noted and where
necessary the forms to be completed.

1 Appointment of Manager OHS Act Section 16.2

2 Construction Supervisor Construction Regulation 6(1)
3 Subordinate Construction Supervisor Construction Regulation 6(2)
4 Construction Safety Officer Construction Regulation6(6)
Appointment of a Lifting Machine &
5 General Machinery Regulations 18
Equipment Operator and Inspector
6 Supervisor of Machinery General Machinery Regulations 2(1)
Appointment of Electrical Installations &
7 Construction Regulation 22(d) & (e)
Equipment Inspector
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8 Fall Protection Supervisor Construction Regulation 8 (1)(a)

9 First Aider/s General Safety Regulations 3(4)
10 Fire Equipment Inspector Construction Regulation 27(h)
Hazardous Chemical Substances
11 HCS Regulations
Supervisor
Appointment of Housekeeping & Staking
12 Construction Regulation 25&26(a)
& Storage Supervisor
13 Incident Investigator General Administrative Regulation 9
Occupational Health and Safety
14 OHS Act Section 19
Committee
Occupational Health and Safety
15 OHS Act Section 17
Representative
16 Risk Assessor Construction Regulation 7(1)
Competent Person for Operating
17 General Machinery Regulations 2(1)
Machinery
18 Operators of Machinery General Machinery Regulations 4
19 Person Responsible for Machinery General Machinery Regulations 2(1)
20 Suspended Platform Supervisor Construction Regulation 15(1)
21 Welding Supervisor General Safety Regulations 3(4)
22 Ladder Inspector General Safety Regulations 13(A)
23 Scaffolding Supervisor Construction Regulation 14
24 Vessels Under Pressure Vessels Under Pressure Regulations 13(b)

8.1.8 Company Health, Safety and Environmental Policy.

8.1.9 Updated Copy of the Occupational Health and Safety Act (85 of 93) Act.

8.1.10 Medical Certificates of Fitness for employees working in elevated positions.

8.1.11 Certificates of Competency for operators of Plant and Machinery.

8.1.12 Training.

8.1.13 Risk Assessments and Method Statement for the Construction Work.

8.1.14 Tool box Talks.

8.1.15 Fall Protection Plan.

8.1.16 Emergency Response Plan.

8.1.17 Incident/Damage / Near Miss Report and Emergency Procedures.

8.1.18 Certification for Lifting Machines and Lifting Tackle.

8.1.19 Material Safety Data Sheets for Hazardous Chemical Substances.

8.1.20 Registers and Checklist.

8.1.21 Copy of Client’s Monthly Health and Safety Audit conducted; The Contractor will be
responsible for ensuring that all statuary test and inspections have been carried out on
machinery, tools and equipment used on the Project. The Contractor shall provide and maintain
the following Registers and Checklist applicable to the site activities.

8.1.21.1 Recording and Investigation of Incidents Register.

8.1.21.2 Contractors appointed/responsible persons.
8.1.21.3 Lifting Equipment (Hoisting Machine, Slings, Shackles, etc.).
8.1.21.4 Hand Tools.
8.1.21.5 Portable Electric Equipment.
8.1.21.6 Ladder Checklist.
8.1.21.7 Health & Safety Representatives Register.
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8.1.21.8 Health and Safety Meetings Register.

8.1.21.9 Risk Assessment Register.
8.1.21.10 Tool box Talks Register.
8.1.21.11 Gas Welding and Flame Cutting.
8.1.21.12 Arc Welder.
8.1.21.13 Fire Fighter Register.
8.1.21.14 Fire Fighting Equipment.
8.1.21.15 First Aid Box.
8.1.21.16 First Aiders Register.
8.1.21.17 Safety Harnesses and Lanyard.
8.1.21.18 Personal Protective Equipment.
8.1.21.19 Housekeeping/Staking and Storage.
8.1.21.20 Hazardous Chemical Substances present on site register.
8.1.21.21 Scaffolding.

8.1.22 Records; The Contractor shall keep the following records which must be contained in the
project Health and Safety File and make them available to the Client on request.

1 Mandatory Agreement OHS Act Section 37

2 Letter of Good Standing General Safety Regulations 5(3)(1)
3 Incident Recording and Investigation General Administrative Regulations 9(1)
4 Incident Reports General Administrative Regulations 8(1)
5 Clients Monthly Audits Conducted Construction Regulation 4(d)
6 Safety Meeting Minutes OHS Act Section 19
7 Safety Induction for Employees Construction Regulation 7(7)
8 Personal Protective Equipment Issue General Safety Regulations 2
9 Risk Assessment Construction Regulation 7
10 Weekly Tool Box Talks Meetings OHS Act Section 8(2)(e)
Driven Machinery Regulations 18(5) Slings,
11 Lifting Equipment(Hoisting Machine
Shackles, etc.) Certificates
12 3 Month Checklist on Lifting Devices Driven Machinery Regulations 18(10)(e)
Driven Machinery Regulations 18(7) erected on
13 A Record of Load Tests on Lifting Devices
site (builders lifting hooks)
14 Basic OHS Act Training OHS Act Section 13
15 Persons working in Elevated Positions Construction Regulation 8(2)(b)
16 Fall Protection Training Construction Regulation 8
HCS Regulations 9(A)1 Hazardous Chemical
17 A Material Safety Data Sheet for each
Substance kept on site
18 Weekly inspection of first aid boxes General Safety Regulations 3(3)(b)
19 Weekly Inspections of Portable Construction Regulation 22(d)
Electrical Equipment
20 Weekly Inspections of Temporary Construction Regulation 22(d)
Electrical Installations
21 Weekly Inspection of Hand Tools Construction Regulation 22(d)
22 Weekly inspection of ladders
23 Weekly inspection of fire-fighting equipment
24 Monthly inspection of welding machines
Monthly inspection of oxy-acetylene
25
equipment
26 Weekly inspection of scaffolding structures
27 Monthly inspection of lifting gear
28 First Aiders
29 First Aid Box Contents General Safety Regulations 3(3)(a)
30 List of Safety Representatives
Certificates of Competency Appointed for
31
Persons
32 Electrical Certificate Of Compliances
Lifting Hooks Test Certificate / Mechanical
33
Engineers Certificate
34 Emergency Response Plan
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35 Arrangements with Lift-Contractors

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9 CONSTRUCTION ACTIVITIES

9.1 Personal Safety Equipment;

The Contractor is required to identify the hazards associated with the Construction Work for the
Project at the Workplace and deal with them He must either remove them or, where
impracticable take steps to protect workers and make it possible to work safely under the
hazardous conditions.

Personal Protective equipment (PPE) should be the last resort and there should always first be
an attempt to apply engineering and other solutions to mitigating hazardous situations before
the issuing of Personal Protective equipment (PPE) is considered.

Where it is not possible to create an absolutely safe and healthy Workplace, the employees
must be informed about this and be issued. Employees must be issued; free of charge, with
suitable Personal Protective equipment (PPE) to protect them from any hazards being present
and which allows them to work safely in the hazardous environment. The PPE required will be
determined from Risk Assessments.

Procedures for damaged, lost, stolen, correct usage; handling and issuing of Personal
Protective equipment (PPE) must be clearly outlined by the Contractor.

9.2 Working At Heights;

9.2.1 Work in Elevated Positions; The Contractor must ensure that persons working in
elevated position work safely from a ladder, scaffolding or from a suspended platform.
All employees working on heights will be required to undergo medical examinations
every 12 months and be declared fit to work in such an environment. The Contractor
must ensure that the employees working at heights are in possession of a medical
certificate of fitness.

9.2.2 Fall protection;

The Contractor shall appoint a designated Competent Person who will be responsible
for the preparation of a Fall Protection Plan. The Fall Protection Plan is to be
implemented, amended where necessary and maintained as required. Employees
working in elevated positions must be trained and records kept on the site. A risk
assessment of all work to be carried out from an elevated position must be submitted
to the Client, before this work is undertaken on site.

The Contractor shall ensure that 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.

The Contractor must place notices are at all openings where the possibility exists that
a person might fall through such openings.

Fall Prevention Equipment and Fall Arrest Equipment must be suitable and have
sufficient strength for the purpose for which it is being used in relation to the work being
carried out and the load, it is intended to carry.

Where attached to a structure, the structure must have suitable strength and stability
for the purpose of safely supporting the equipment and any person who is liable to fall.

Fall Arrest Equipment shall only be used where it is not reasonably practicable to use
Fall Prevention Equipment.
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9.3 Scaffolding;

Contractors 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 and inspectors are competent to carry out their work.

Scaffolding must be erected and modified by the Competent Person. The competent
scaffolding Inspector, who shall declare safe for use, must carry out weekly inspections.
Records of the inspections must be filed in the Health and Safety File on site.

9.4 Suspended Platforms;

Contractors must 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.

Employees working on a suspended platform must be provided with 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.

Where hand or power driven machinery is to be used for the lifting or lowering of the working
platform of a suspended platform, it must be constructed and maintained in such a manner that
the uncontrolled movement of the working platform cannot occur.

A Contractor shall ensure that the suspended platform supervisor appointed carries out a daily
inspection of all the equipment prior to use.

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.

A contractor shall ensure that all employees required to work or to be supported on a suspended
platform are competent in conducting work related to suspended platforms safely. Employees
must have had received training which must include at least:
(a) How to access and egress the suspended platform safely.
(b) How to correctly operate the controls and safety devices of the equipment.
(c) Information on the dangers related to the misuse of safety devices.
(d) Information on the procedures to be followed in the case of an emergency and the
malfunctioning of equipment.
(e) Instructions on the proper use of safety harness.

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.

9.5 Housekeeping;

In terms of the Construction Regulations and Environmental Regulations for Workplace, the
Contractor is responsible for the implementation and continuous housekeeping for the work
area. Scrap, waste & debris must be removed regularly at appropriate intervals. Every
Workplace is kept clean, orderly and free of tools etc. that are not required for the work being
done. As far as is practicable, every floor, walkway, stair, passage and gangway is kept in
good state of repair, skid-free and free of obstruction, waste and materials. The Principle
Contractor reserves the right to charge the Contractor for the cost of cleaning the work area if
the Contractor does not comply.
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9.6 Stacking and Storage;

The Principle Contractor and the Contractor must make arrangements to ensure that the
delivery and off-loading of equipment and materials to the site is properly co-ordinated. The
Contractor’s appointed stacking and storing supervisor must ensure that that all materials and
equipment is stacked and stored safely, on level, compacted ground, out of access ways and
no more than three times the minimum base width in height. All flammables to be stored
separately and the necessary fire precautions must be taken.

9.7 Use and Temporary Storage of Flammable Liquids;

The Contractor shall be responsible for the safe storage of all Hazardous Chemical Substances
required for the Contract and for the disposal of all non-usable waste material in an orderly
manner. The Contractor must monitor the flammable liquid consumption on the project, and as
far as reasonably practical keep to minimum the amount of flammable liquid been stored on
site. Flammable liquids must not be stored in areas where hot-works are being performed.

Any flammable material, such as paint, diesel fuel and oil, shall be stored in lockable, non-
combustible structures, which shall be clearly marked to indicate the hazardous nature of the
materials stored within. The flammable materials stores shall be located in safe areas away
from hazardous surroundings and adequate and suitable fire-fighting equipment shall be
provided within easy reach of the material stores.

The Contractor must ensure that employees receive the necessary information & training to be
able to use and store Hazardous Chemical Substances safely. An up-to-date list of the
Hazardous Chemical Substances stored and used on site together with the Material Safety data
Sheets (MSDS’s) must be kept in the Health and Safety File for the Project.

9.8 Noise;

Where work is carried out at places, other than Workplaces, the Contractor shall take all steps
as far as reasonably practical to ensure that no persons are exposed to noise as contemplated
in the Noise-Induced Hearing Loss Regulations. The Contractor must ensure that all measures
are taken to reduce the aspect of noise by minimizing the impact it will have on the Workplace
and the environment. The Contractor's risk assessment shall take into consideration the
requirements of the NIHLR (Noise Induced Hearing Loss Regulations).

9.9 Notice Boards and Signage;

The Contractor shall place warning signs and hazard notices on all landings to inform the public
of the activity and scope of work been performed on the site. Chevron tape must be used to
demarcate all danger areas with prohibition notices preventing unauthorized persons from
entering the danger area. The signage used, must be legible, clean and replaced when
necessary.

9.10 Overtime;

Work that has to be performed in overtime and after hours must be arranged and approved by
the Client. The Contractor must ensure that his/hers employees do not exceed the
requirements of the contractual agreements specified in the Contractor’s “employees letter of
appointment” in terms of the company policies and procedures.
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10 PLANT AND MACHINERY

10.1 Portable Electrical Tools and Electrical Installations;

The Contractor must comply with the following aspects of Electrical Safety on Construction
Sites in terms of these three sets of Regulations: a) The Electrical Installation Regulations b)

The Electrical Machinery Regulations and Regulation 22 of the Construction Regulations.

The Contractor/User of an Electrical Installation is responsible for safety, safe use and
maintenance thereof including the conductors connecting the electrical Installation to the point
of supply.

The Contractor/User of an electrical Installation must have a valid Certificate of Compliance for
that Electrical Installation in terms of the Electrical Installation Regulations 3(1).

A Competent person appointed in writing must control all temporary electrical installations. All
Portable Electrical Tools, lights and extension leads must be identified/numbered and on
register. Monthly inspections for portable electrical tools must be filed in the Project Health and
Safety File on site.

10.2 Machinery;

10.2.1 Mechanical Safety and Safeguarding of Machinery; In terms of the General

Machinery Regulations, the Contractor must ensure that every user of machinery must
ensure that:
10.2.1.1 That machinery is suitable for the purpose used, properly installed and
maintained safely and in good order.
10.2.1.2 All dangerous parts of machinery must be effectively safeguarded or
barricaded {General Machinery Regulations 3(1) (b)}.
10.2.1.3 Where machinery constitutes a danger to persons, the premises must be
enclosed and the entrances kept locked {General Machinery Regulations
3(2)}.
10.2.1.4 No person may remove guards or safety equipment from machinery
{General Machinery Regulations 3(3)}.
10.2.1.5 All safety equipment is kept in good working order.
10.2.1.6 Machinery is constructed of good quality and suitable material.

10.3 Lifting Machinery and Equipment;

The Principal Contractor and all Contractors shall ensure that all Lifting Machinery and
Equipment is inspected before use. In terms the Driven Machinery Regulations 18, the
Contractor must conduct a 3 monthly check on the lifting equipment with records kept in the
Health & Safety File for the Project and are available on request.

There must be a competent Lifting Machinery and Equipment Inspector who must inspect the
equipment at the prescribed intervals, taking into account that:

10.3.1 All Lifting Machinery and Equipment must be clearly identified by means of a
designated serial number.

10.3.2 All Lifting Machinery and Equipment must be clearly marked with the Maximum Load
Carrying Capacity, which it is designed to lift safely.

10.3.3 Daily visual inspections conducted by the appointed inspector.

10.3.4 Regular (3 monthly) recorded inspection is carried out {Driven Machinery Regulations
18.10.e}.
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10.3.5 Annual Certification of Load test on Lifting Machinery and Equipment records filed in
the Project Health and Safety File.

10.3.6 A Register of all the Lifting Machinery and Equipment used on the site must be
kept in the Project Health and Safety File.

10.4 Ladders;

Ladders must be constructed of sound material and must be suitable for the purpose for which
it is used. Ladders must be fitted with non-skid devices at the bottom end and a device that will
prevent it from slipping sideways e.g. hooks or non-slip board at the top end. Stepladders must
be safe to use, must be the correct height for the task and the top two rugs may not be used.
Light work that can be conducted with one hand only is permitted on ladders. Ladders must be
lashed, held or secured so that it will remain stable at all times and under all conditions whilst
being used (NB. A man holding a ladder in excess of twice his own height will not be able to
control the ladder if it topples over or slips sideways whilst a person is standing on it at the top).

A ladder may not be used if it has damaged stiles or damaged or missing rungs. The maximum
length of a ladder leaning against a surface is 9 meters. Ladders may not be painted unless it
has been established that there are no cracks or other inherent weaknesses. Persons working
on a ladder must ensure that nothing will fall from above and use suitable tool holders and
sheaths for the purpose. The Contractors using the ladders must conduct visual checks or
inspections before the shift starts and maintain records of monthly inspections.

10.5 Welding, Grinding, Flame Cutting and Hot Work Procedures;

10.5.1 Electric Welding; The welder must be trained regarding the safe use and operation of
the equipment. The welder and his assistant must be provided with effective Personal
Protective Equipment. Cables and electrode holders must be effectively insulated. The
Workplace must be effectively screened and barricaded to prevent bystanders from
being affected by the welding rays.

10.5.2 Grinding; The operator of the grinder must be trained regarding the safe use and
operation of the equipment. The grinder and his assistant must be provided with
effective Personal Protective Equipment. A Fire Extinguisher will be in the areas of
work where any spark producing activity takes place.

10.5.3 Flame Cutting;

Where Gas cylinders containing oxygen or acetylene must be used, proper

precautionary measures must be taken against bumping, falling, rolling, etc. They must
remain in an upright position at all times while the work is being done. Gas welding
hoses may only be joined with approved connectors and clamps. The cylinders must
be stored vertically in an upright position in a well-ventilated area and secured them
means of a chain.

The two pipes, regulators and torch must be disconnected from the gas cylinders and
kept in a storage box on site.

Gas cylinders must be inspected regularly and records of all inspection and test shall
be recorded, dated and signed by a Competent Person.
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Document 13 Health & Safety Specification Page 20 of 22

10.5.4 Hot Work Procedures;

Hot work operations refer to any work where sparks may occur or where a flame or
source of heat is used, and where these may cause a risk of fire.

Where hot work involving welding, cutting, brazing or soldering operations is carried
out at places, other than Workplaces, the Contractor shall take steps to ensure that
proper and adequate fire precautions are taken and compliance with hot work
procedures are been followed:

a) All appropriate measures have been taken to avoid the risk of fire.

b) Contractors must ensure that all employees performing hot works have received
fire-fighting training.

c) Suitable and sufficient fire extinguishing equipment is placed in strategic

locations and that the equipment is maintained and is good working order.

d) Before the work commences, a “written hot work permit” must be obtained from
the Client’s person responsible for the hot works operation.

e) The Principal Contractor and the Contractor must ensure that suitable fire-
fighting equipment is readily available and in a serviceable condition.

f) The area must be cleared of all Hazardous Chemical Substances.

g) On completion of the work, the “hot works permit” must be signed off by the
Client’s responsible person.

11 EMPLOYEES UNDER THE INFLUENCE OF ALCOHOL OR DRUGS

In Terms of General Safety Regulations 2(a), the Contractor must ensure that no person enters
a Workplace who is under the influence of, or appears to be under the influence of, intoxicating
liquor or drugs.

No person may be in a Workplace whilst under the influence or in the possession of intoxicating
liquor or drugs.

If any person is taking medicines, the Contractor may only allow him / her to enter the workplace
if the medicines do not affect him/her in such a manner that they are a danger to themselves
or other persons in the Workplace.

12 PRINCIPAL CONTRACTOR AND CONTRACTORS INDEMNITY

In terms of Section 37(2) of the Occupational Health and Safety Act 85 of 1993, a Mandatory
Form and Agreement shall be entered into by the Client/Principle Contractor and the Contractor
before work begins on site. On acceptance of this written agreement, the Contractor will not
be relieved of any of his duties in terms of the Occupational Health and Safety Act 85 of 1993
and The Construction Regulations and will be responsible for all non-compliances and
discrepancies.

Contractors who use labour only Lift-Contractors must be aware of the responsibilities imposed
on them by the Occupational Health and Safety Act (85 of 1993) i.e. the Principle Contractor is
responsible for any non-compliance of such labour.
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The Principle Contractor should therefore make provision that the (sub-) contractor indemnifies
the Principle Contractor against any loss or damage or claim arising out of any breach. This
does not relieve the Principle Contractor of his liability under the applicable provisions of the
Occupational Health and Safety Act (85 of 1993).

Whilst the Principal Contractor has been appointed by the Client in terms of Construction
Regulation 4(c) as overall responsible for the site, this does not remove the Lift-Contractors
from any of their responsibilities. Any areas of concern should be discussed urgently with the
Principle Contractor.

13 MANDATORY AGREEMENT IN TERMS OF THE OCCUPATIONAL HEALTH & SAFETY

ACT 85 OF 1993 – SECTION 37 (2)

The Construction Regulations were promulgated in the Government Gazette on 18 July 2003
under the Occupational Health &Safety Act (85 of 1993) require that the Client and the
Contractor enter into an agreement in terms of Section 37(2) of the Occupational Health &
Safety Act (85 of 93).

The following arrangements and procedures shall apply between the Client and the Contractor
to ensure compliance by the Contractor in terms of the Occupational Health &Safety Act (85 of
1993) and The Construction Regulations viz. Section 4(1) (a):

(a) the Contractors documented Health & Safety Plan based on the relevant applicable
sections of the Principal Contractors Health & Safety Specifications, are provided to
the Principal Contractor before commencing work on site;

(a) the Principal Contractor will discuss / negotiate with you regarding the contents of the
Health & Safety Plan to approve it for implementation;

(b) a Health & Safety File, including all documentation required in terms of the provisions
of the Occupational Health & Safety Act (85 of 1993) and Regulations is kept available
on site for inspection;

(c) should you appoint another Contractor to perform or assist you with the Construction
Work, the responsibilities as required by the Construction Regulations shall apply to
you as if you were the Principal Contractor;

(d) you promptly provide the Principal Contractor with any information which might affect
the Health and Safety of any person at work carrying out the 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;

(e) as per the Construction Regulation 5 (c), audits of your Health and Safety Plan will be
undertaken on at least a monthly basis by the Client/Clients representative.
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14 SITE HEALTH & SAFETY SPECIFICATION ACCEPTANCE

I/We, the undersigned, accept and understand the duties and assignments as set out above
and confirm our understanding of the applicable legislation requirements and the Health and
Safety Specification; and that this document is legally binding in terms of Regulation 4(1) (a) of
the Construction Regulations (2003); and shall ensure that its personnel comply with all
obligations and requirements in respect thereof.

Principal Contractor / Contractor:

Date:

Signature of official:
(Authorised Signatory)

Official’s name:
(Print)

Client / Client's Agent:

Date:

Signature of official:
(Authorised Signatory)

Official’s name:
(Print)