Occupational Health and Safety Act 85 of 1993

Construction Regulations – Important lessons

Jaco Swartz

WHY LAWS?

King Hammurabi,

“Codex Hammurabi”

Babylonia

REASONABLE MANREASONABLE MAN

Wilson vs Bird Construction 1963 (2) SA

FORESEE

TAKE STEPS

BASIC REQUIREMENTSBASIC REQUIREMENTS

Who is regarded as an Employer?

“Any person who employs or provides work for any person and remunerates that person or expressly or tacitly undertakes to remunerate that person, or

any person who has supervision.

(ACOUNTABLE vs. RESPONSIBLE)

Construction Regulations

If an employee commits a violation, the employer is presumed to have committed the violation…

Section 37 Section 9

Every employer shall conduct his undertaking in a manner as to ensure, as far as reasonably practicable, that persons other than those in his employment who may be directly affected by his activities are not exposed to hazards.

CONTRACTORSCONTRACTORS

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.

Client4. (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;

Questions?

Jaco SwartzManaging DirectorLegislative Compliance Specialists (Pty.) Ltd.082 898 9463011 679 3556jacos@legalcs.co.za