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.

1. Definitions
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 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;

"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, I993 (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;

2. Scope of application
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 story 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.

3. Notification of construction work

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 subregulation (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 subregulation (2) is kept on site for inspection by an inspector,
client, client's agent or employee.

4. Client
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.

5. Principal Contractor and Contractor

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 co-
operation 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 subregulation (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)(a) 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 subregulation (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 subregulation (1), as well as the contractor’s health and safety
 plan contemplated in subregulation (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 shall 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 subregulation (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 subregulations (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 subregulations (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.

6. Supervision of construction work

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 subregulation (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 subregulation (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
subregulation (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 subregulation (2) shall
apply in respect of those employees as if they had in the first instance been
appointed under subregulation (2).
4) No construction supervisor appointed in terms of subregulation (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 subregulation (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 subregulation (1)
for more than one construction site will not, in the opinion of an inspector, be able
to supervise the works favourably, an inspector may require the contractor to
appoint the required number of employees as contemplated in subregulation (2) to
assist the appointed construction supervisor or instruct the contractor to appoint
the construction supervisor who had been appointed in terms of subregulation (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 subregulation (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.

7. Risk assessment
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 subregulation (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 subregulation (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.

8. Fall protection
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 subregulation (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 programme 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 subregulations (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 failing 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 subregulations (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 all 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.

9. Structures
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 all 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.

10. Formwork and support work

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 drawing 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 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 secure ladders or staircases
for all work to be carried out above the foundation bearing level.
l) 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.

11. Excavation work

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-
(a) permission being given in writing by the appointed competent
person contemplated in subregulation (1) upon evaluation by him
or her of the site conditions; and
(b) 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 subregulation (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 subregulation (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 metre 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
l) cause warning signs to be positioned next to an excavation within which
persons are working or carrying out inspections or tests.

12. Demolition work

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
subregulation (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.

13. Tunneling
1) Any contractor performing tunnelling 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 subregulation (1), no person shall enter a
tunnel, which has a height dimension less than 800 mm.

14. Scaffolding
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.

15. Suspended platforms

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 subregulation (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 subregulation (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 subregulation (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
subregulation (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 subregulation (1), or the suspended platform inspector
mentioned in subregulation (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.

16. Boatswain's chairs

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.

17. Material hoists

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 guy 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.

18. Batch plants

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 subregulation (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.

19. Explosive powered tools

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
ii) the angle of inclination of the barrel to the work surface is not more
then 15 degrees from a right angle:
iii) Provided that the provisions of this subregulation 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.
 20. Cranes
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.

21. Construction vehicles and mobile plant

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.

22. Electrical installations and machinery on construction sites

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
competent persons 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.
 23. Use and temporary storage of flammable liquids on construction sites
Notwithstanding the provisions for the use and storage of flammable liquids as
determined in the General Safety Regulations promulgated by Government Notice No.
R 1031 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.

24. Water environments

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.

25. Housekeeping on construction sites

Notwithstanding the provisions of the Environmental Regulations for Workplaces,
promulgated by Government Notice No. R 2281, 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.

26. Stacking and storage on construction sites

Notwithstanding the provisions for the stacking of articles contained in the General
Safety Regulations promulgated by Government Notice No. R 1031, 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.

27. Fire precautions on construction sites

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, vapours 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;
l) 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,

28. Construction welfare facilities

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.

29. Approved Inspection Authorities

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.

30. Offences and penalties

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.
31. Repeal of regulations
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.

32. Short title

These regulations shall be known as the Construction Regulations, 2003.
 Annexure A
Notification of Construction Work

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) or 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.