1. Construction Regulations 2014 vs Construction Regulations 2003 By Mark Winter Safe Working Practice Tel: 071 6032213 / 021 7121643 mwinter@safepractice.co.za

2. Why the new Construction Regulations? What are the Main differences between the 2003 and 2014 Construction Regs?

3.  Where physical construction work started after 7 th February 2014 itwill fall under the 2003 regs until 7 th August 2014, ie: 6 month lead in.  Where physical construction started on or before 7 th February 2014 it will fall under the 2003 regs until 6 th August, 2015, ie: 18 month lead in.

4.  2003 Regs – an “Agent” means any person who acts as a representative for a client  2014 Regs – An “Agent” means a competent person who acts as representative for the client  Competent person must have training, knowledge and experience and, where applicable, qualifications specific to task – SAQA registration of training and qualifications – and must be familiar with the Act and applicable Regs

5. New Position Introduced: Construction Manager  Is a competent person to manage physical construction processes and co-ordinate resources on site  No existing SAQA unit standards for training yet Definition of Construction Supervisor now added  Is a competent person to supervise construction activities on site

6.  Under 2003 Regs was any person who prepared a design, checked and approved a design, arranged for an employee (or person at work under his control) to prepare a design, architects and engineers contributing to (or overall responsibility) for design, surveyors, contractors doing design work, designs temporary work, interior designer, shop fitter or landscape architect  Under 2014 Regs must be a competent person

7.  Definition of method statement removed in 2014 regs  Batching plant now called bulk mixing plant  Explosive Powered Tool has been changed to Explosive Actuated Fastening Device  Body belts removed from fall prevention equipment definition in 2o14 regs

8. Not much in the way of changes:  Medical certs of fitness for all  Appointment of Construction Manager, Construction Supervisors  No requirement to carry proof of induction anymore, just records on site  Site specific safety plans

9.  Prepare a baseline risk assessment for the intended construction project  Prepare a suitable, sufficiently documented and coherent site specific health and safety specification based on the baseline risk assessment  Provide the designer with the health and safety specification  Ensure designer takes safety specification into consideration during the design stage  Ensure that the designer carries out all responsibilities in Reg 6  Include the safety specification in the tender documents  Inspect site at least once every 30 days  Copy of safety audit report must be issued to Principal Contractor within 7 days of the audit

10.  When there is a fatality or permanent disabling injury on site – ensure contractor reports it to DOL and that the report includes measures taken by contractor to make site safer  Where more than one Principal Contractor appointed, client must ensure co-operation between Principal Contractor and contractors ref these regs.  Client may appoint competent person as agent where notification other than Construction Work Permit application to DOL is required (ie: under reg 4(1)). Note that decision of DOL final if there is a question over whether an agent is required or not

11.  Assume responsibility for legal safety obligations of the client.  Agent MUST manage h&s on site for the client  Agent MUST be registered with SACPCMP – this requirement commences August 7, 2015

12.  Construction Health and Safety Officer (CHSO)  Construction Health and Safety Manager (CHSM)  Construction Health and Safety Agent (CHSA)  Provision made for candidates in each category

13.  Reg 34 only makes mention of Reg 3 and 5(7)(b) which is about the permit and client/agent – must be registered in 18 months – what about safety officers? – do they also have 18 months because Reg 34 does not include them?

14.  Experience and qualifications and referrals  Professional Registration vs Membership of safety associations  Professional Indemnity Insurance  Price important but not the deciding factor – quality vs price

15. Duties formerly under Reg 9 – Structures of 2003 Regs. New section for2014 Regs 1 Incorporate all applicable safety standards into design 2 Take h&s specs into consideration 3 Before tender, make available in a report to client (a) all health and safety information of the design that may effect pricing of the construction work, (b) the geotechnical-science aspects and (c) the loading structure can withstand 4 Inform client in writing of any anticipated dangers or hazards relating to construction, make available all info for safe execution of work upon being designed or when design altered 5 Refrain from including dangerous procedures or materials hazardous to people

16. When mandated by the client:  Carry out inspections at appropriate stages to verify construction carried out as per design  Stop works not in accordance with design’s h&s aspects  In final inspection of completed structure, include h&s aspects, declare structure safe for use and issue completion certificate  Take ergonomic related hazards into account in design If designer not mandated by the client then client agent must do the above

17.  Still requirement for owner to do safety audits once every 6 months for first 2 years, thereafter annually

18. Contractor must notify DOL at least 7 days before work starts, on Annexure 2 if work includes:  Excavation work  Working at height where there is a risk of falling  demolition of structure, or  Use of explosives  Where contractor constructs single storey dwelling for client who will reside in building, contractor must notify DOL at least 7 days before start of work on Annexure 2

19.  The Client must apply for permit within 30 days or more before the start of the construction for a permit if the work: 1. Exceeds 180 days 2. Involve more than 1800 person days 3. Value of contract equals or is higher than R 13 000 000.00, or has a CIDB grading of level 6 4. This requirement will be in force 18 months from February 10, 2014 5. NOTE: Client MUST appoint a competent person in writing as an agent where a Construction Permit is required

20.  Must use a form similar to Annexure 1  A site specific number must be assigned within 30 days of application for permit by Department of Labour  This number must be displayed clearly visible at the entrance of the specific site  The Principal Contractor must keep a copy of the permit in the safety file.  No construction can be performed without the permit.  Not transferrable  Client must appoint a competent person in writing as an agent where a Construction Permit is required.

21. What documentation needs to accompany the application? Baseline risk assessmentHealth and Safety SpecificationHealth Safety PlanProof in writing that an agent has been appointedProof in writing of letter of good standing Workmen’s Comp of P/CProof that designer has received specsProof that designer has complied with all the duties in Reg 6Proof that designer took specs in consideration for designProof P/C made adequate provision for health & safetyProof P/C is competent and have necessary resources

22.  The Principal Contractor must appoint in writing 1 full time competent person as construction manager – could this be the site agent? Contractor not required to have this appointment, just the Principal Contractor.  The Construction Manager is responsible to manage all construction work on a single site and to ensure h&s compliance  In the absence of the Construction Manager the Principal Contractor must appoint an alternate Construction Manager  Depending on the size of the project the Principal Contractor can appoint Assistant Construction Managers for different sections, the Construction Manager is however still personal accountable to manage the site  The Construction Manager can only manage the 1 site he/she is appointed for

23.  A contractor must, after consulting with the client appoint in writing a full time or part time construction health and safety officer (CHSO)  The contractor must make sure that the CHSO is registered with SACPCMP and has the necessary competencies and resources  A Construction Manager can appoint construction supervisors responsible for construction activities and h&s compliance  Competent Assistant supervisors can be appointed by the contractor to assist the Construction Supervisor but the Construction Supervisor stays personally accountable for supervision  A Construction Supervisor can only supervise the site for which he/she is appointed unless sufficient amount of construction supervisors have been designated on all the relevant construction sites  There are SAQA unit standards available for Con Sups and Ass Sups

24. Risk Assessment: 1 A contractor must consult with h&s committee or trade union or representatives of employees on the monitoring and review of assessment 2 Contractor must review assessment where changes are affected to the design or when an incident occurs Fall Protection: 1 No longer physical or psychological fit but medically fit 2 Must include a rescue plan detailing the necessary procedure, personnel and suitable equipment required to affect a rescue

25.  Under 2003 Regs this was a certificate valid for one year issued by an occupational health practitioner for plant operators and persons working at height.  Under 2014 Regs this is a certificate specific to the construction work being performed issued by occupational health practitioner in form of Annex 3 (see next slide for example). No certificate validity mentioned. Must a certificate be issued for each site?  All contractor’s employees on site must have this certificate

27.  Contractor must: 1appoint competent person as rope access supervisor with duty to supervise all rope access work and ensure h&s compliance BUT the C/M is not relieved from personal accountability 2ensure all rope access operators are competent and licensed No rope access work allowed unless: 1 design, selection, use of equipment, anchors complies with SANS 2 there is a site specific fall protection plan by a competent person which includes records for inspection and maintenance of equipment

28.  Suspended Scaffold - A contractor must submit a copy of the certificate of system design for every new project.  Cranes must now be designed and erected under the supervision of a competent person. A risk assessment and method statement must be developed and applied. A wind speed device must be fitted to the crane to provide the operator with an audible warning when wind speeds are too high

29.  Note change in regs: formerly ”depending on no of workers and duration of work” – that has been removed as a pre-condition.  (a) Shower facilities after consultation with the employees or employees  representatives, or at least one shower facility for every 15 persons;  (b) at least one sanitary facility for each sex and for every 30 workers;  (c) changing facilities for each sex; and  (d) sheltered eating areas.

30.  Construction vehicles must be inspected daily by the operator or driver, 2003 regs previously required this to be done by a “competent person”  However requirement for workers to wear reflective vests when next to or in road has been removed as a requirement  Construction vehicles on public roads must comply with provisions of the Nat Road Traffic Act  Tools, materials, etc must be secured and separated by a physical barrier to prevent movement

31.  “Temporary Works” now defined in definitions of new Con Regs 2014 as falsework, formwork, support work, scaffold, shoring or other temporary structures designed to provide support or means of access during construction work  Must all scaffolds now have a design by a temporary works designer?

32. Old “Formwork and Support work” section replaced by “Temporary Works “section. New requirements for Contractor - Must:  Appoint a temporary works designer in writing to design, inspect and approve the erected temporary works on site before use. Note Scaffold is temporary work !! Ensure that:  Detailed activity specific drawings kept on site for inspection  Temp works design drawings are kept on site  Authorisation given by competent person in writing before concrete can be cast  Temp works drawing or other relevant document includes construction sequences and method statements  Temp works design and drawing only used for its intended purpose and specific portion of site  Temp works drawings approved by the temp works designer before erection of any temp works Temporary work: Designer 1 Adequately design to support anticipated loads; 2 Be done with close reference to the structural design drawings of contractor; 3 All drawings and calculations to be kept by office of temporary designer; and 4 Loads and imposed loads must be clearly indicated in design

33. Must ensure:  All temp works are adequately designed  Designs done with close reference to structural design drawings issued by the contractor  Drawings and calcs re the temporary works design are kept at office of the temp works designed  Loads of temp works and imposed loads are indicated in the design

34.  A Construction Health and Safety Technical Committee has been established consisting of members from DOL, DPW (designated by Built Environment Council and CIDB), Higher Education, SA Property Owners Assoc, Employers Associations, Unions, consultants involved in construction industry and co- opted members = 11 + co-opted members

35. Challenges Ahead  Very few Safety Agents will qualify as Agents under SACPCMP unless qualifying criteria are relaxed.  DOL will be focussing more on role of clients in h&s on site  Costs will increase but so will quality and safety standards on sites  How to implement the new Regulations on site – What to expect from client agents, DOL, project clients.  There will be a two tier system for a time - two lead in periods

36.  Appoint client agent early in design process to guide you and the client  Only issue site specific specifications containing the new 2014 requirements  Use Safety Agents who are professionally registered with a voluntary association (eg: Institute of Safety Management) and with verifiable construction experience