Introduction
South African legislation pertaining to construction work make provision for the appointment of a Construction Health and Safety Agent (CHSA) under certain circumstances.
When a CHSA need to be appointed following are relevant:
1. Legal Requirements
Give an outline of Legislative requirements regarding compliance to The Occupational Health and Safety Act (85 of 1993) and Construction Regulations 2014.
2. Application for a Construction Permit to Work
Provide information on what is needed to: Proof that obligations have been met and the documentation required for the application for a Construction Work Permit
- Project Life cycles and deliverables of the CHSA
Describe in terms of the project life cycle and the required services and obligations which must be met in order to be compliant.
- Summary
Summarise what must be done now in order to manage Health and Safety for and on behalf of the client on a project.
1. Legal Requirements
- Notification
The Construction Regulations 2014 distinguishes between projects based on the value and man days worked if a project duration exceeds one year. In terms of this difference Reg. 4 requires that a contractor who intends to carry out any construction work other than contemplated in Reg. 3(1) must notify the provincial director in writing at least 7 days prior to commencement of work on a form similar to Annexure 2. – not applicable
- Construction Work Permit:
CR 2014 Reg.3 require that a client who intends to have construction work carried out must at least 30 days prior to commencement of work apply in writing to the provincial director for a construction work permit in writing for the intended construction work. This must be done on a form similar to Annexure 1. The provincial director will then issue a permit and assign a permit number to the project.
Abstract Construction Regulation 2014
Application for construction work permit
3. (1) A client who intends to have construction work carried out, must at least 30 days
before that work is to be carried out apply to the provincial director in writing for a construction
work permit to perform construction work if the intended construction work will
(a) exceed 180 days (current exemption 365 days);
(b) will involve more than 1800 (current exemption 3600) person days of construction work; or
(c) the works contract is of a value equal to or exceeding thirteen million rand (current exemption sixty million rand) or Construction Industry Development Board (CIDB) grading level 6 (current 7 or up = R60mil and more)).
It should be noted that for every works contract an application for a Construction Permit to Work must be submitted.
- Appointment of CHS Agent
Abstract Construction Regulation 2014
Duties of Client
5(5) Where a construction work permit is required as contemplated in regulation 3(1), the client must, without derogating from his or her health and safety responsibilities or liabilities, appoint a competent person in writing as an agent to act as his or her representative, and where such an appointment is made the duties that are imposed by these Regulations upon a client, apply as far as reasonably practicable to the agent so appointed.
This CHS Agent must be registered with a statutory body as qualified to perform the required functions Reg. 5.(6)(b). Which is SACPCMP
- Application for Construction Permit to Work
The following documentation must be presented with the application for the Construction Permit to Work – Specified by Dept of Labour and Employment.
- Annexure 1 (completed in full and signed by all)
- Value and Duration of the project
- Baseline Risk Assessment
- Site Specific H&S Specification
- Appointment of H&S Agent for the specific project
- Letter of Good Standing for the PC (COIDA – Principal contractor)
- Proof that the Designer was provided with a copy of the H&S Specification
- Proof that the Designer has taken the H&S Specification into consideration during the design stage
- Proof that the H&S specification was included in the tender document
- Proof that the PC has made adequate provision for the cost of H&S measures
- Proof that the appointed PC has the necessary competencies and resources to carry out the construction work
- Proof of registration with the SACPCMP for the
- H&S Agent
- H&S Officer
- 37(2) Mandatary Agreement and Appointment letter of the PC
- Appointment letter of the Construction Manager and H&S Officer
- Health and Safety Plan and approval thereof by the Client/Agent.
To have a Permit successfully granted these documents must accompany the application (Annexure 1)
In order to submit proof and some documentation, certain arrangements and clarification must be in place already during early design stages.
It could delay the application process if the application is rejected or referred back due to lack of proof or not having the correct format or timelines attached to the documented proof.
Please note:
3. Baseline risk assessment – Must be done early in design stage to establish the risk profile of the project and to be included in tender documents
4. Site specific H&S specification – Must be done early in design stage to set the criteria and specific requirements that needs to be addressed during all the lifecycle stages of the project and to be included in tender documents.
7. Proof that Designer was provided with a copy of the H&S Specification – explains itself.
8. Proof that the Designer has taken the H&S Specification into consideration during the design stage – Reference to standards and different options regarding structures and building materials proposed in order to facilitate the safest building methods and structures.
9. Proof that the H&S specification was included in the tender document – Must be compiled before tender is advertised
10. Proof that the Contractor has made adequate provision for the cost of H&S measures – BQ in Request for Tender to refer to all aspects of H&S management and the costing thereof
- Project Life Cycle and Related Services/Duties/Deliverables of the CHSA
Stage 1: Project Initiation and Briefing.
Services:
- Assist in developing a clear project brief
- Attend the project initiation meetings
- Conclude the terms of the agreement with the client
- Advise on the necessary surveys, analyses, tests and site or other investigations where such information will be required for Stage 2
- Provide necessary information within the agreed scope of the project to the other consultants
- Define the consultant’s scope of work and services
Deliverables:
- Agreed scope of work
- Agreed services
- Signed agreement
- Schedule of required surveys, tests, analyses, site and other investigations
Stage 2: Concept and Feasibility
Services:
- Agree the documentation programme with the principal consultant and the other consultants
- Attend design and consultants’ meetings
- Review and evaluate design concepts and advise on OHS in conjunction with the other consultants
- Determine and agree the project OHS complexity profile and prepare the OHS policy for the project
- Prepare draft baseline risk assessment
- Assist the client in the procurement of the necessary and appropriate specialist/s, including a clear definition of their roles, responsibilities and liabilities
- Prepare the draft OHS specification
- Agree the format and procedures for OHS control
- Advise the other consultants regarding the project OHS requirements and related design risk management process
- Liaise, co-operate and provide necessary information to the Client/ principal consultant and the other consultants
Deliverables:
- Complexity profile for the project
- Agreed OHS policy for the project
- Draft baseline risk assessment
- Draft OHS specification
- Schedule of required surveys, tests and other if required
- investigations and related reports
- Design risk management process through Consultation with Designers and Suppliers
Stage 3: Design and Development.
Services:
- Review the documentation programme with the principal consultant and the other consultants
- Attend design and consultants’ meetings
- Manage, co-ordinate, integrate and record the design risk management process with the other consultant/s in a sequence to suit the documentation programme
- Monitor the integration of the OHS aspects during the design process and finalise baseline risk assessment
- Identify and implement precautions necessary for OHS control and update OHS specification
- Agree on a format for the OHS file for the project
- Assist the other consultants with detailed information for cost estimates/budgets
- Liaise, co-operate and provide necessary information to the client, principal consultant and the other consultants
Deliverables
- Design risk management records
- Final baseline risk assessment
- Updated draft OHS specification
- Schedule of precautions necessary for OHS control
- Template for OHS file
Stage 4: Tender Documentation and Procurement (Pre Construction Phase)
Services:
- Attend design and consultants’ meetings
- Prepare OHS tender specification and integrate with the procurement documentation
- Provide and record OHS risk information to the principal consultant and the other consultants
- Prepare OHS documentation for submission to authorities
- Assist with the evaluation of tenders and verify the contractor(s) competencies, knowledge and resources to carry out the works safely
- Assist with the preparation of contract documentation for signature
- Assess samples, mock-ups and products for OHS compliance
Deliverables:
- Final OHS specification
- Design risk management records
- OHS documentation for authorities
- OHS evaluation of tenders
Stage 5: Construction Documentation and Management (Construction Phase)
Services:
- Assess and approve the contractor(s) OHS plans
- Submit necessary documentation to authorities and facilitate permits that may be required to commence the works
- Attend the site handover
- Attend regular site, technical and progress meetings
- Monitor design risk management
- Monitor the implementation of the OHS plan(s) in accordance with the OHS specification
- Conduct safety management system audits monthly
- Audit compliance with the OHS plan and brief the project management team and contractor(s) following site audits
- Monitor the compilation of the OHS file and verify maintenance – field verification
Deliverables:
- Review, discuss and approve the OHS file with the contractor(s) and manage the OHS during the defects liability period
- Prepare OHS operations and maintenance report of same by the contractor(s)
- Permits to commence work
- Design risk management records
- Record changes to OHS specification and OHS plan(s)
- OHS audit reports and records
- Work stoppage report(s)
- OHS report of compliance status
Stage 6: Project Close Out
Services:
- Review, discuss and approve the OHS file with the contractor(s) and manage the OHS during the defects liability period
- Prepare OHS operations and maintenance report
Deliverables:
- Record of audits during the defects liability period
- Report on implemented and approved OHS file with records
- Summary
The appointment of a Construction Health and Safety Agent is essential in order to comply with the requirements of legislation.
If the focus is on stages 4 and onwards it is necessary to get the following in place:
- Pre-Construction Phase
- Do a site survey at the location of the proposed project
- Meet with professional team to get clarification on all aspects of:
- design,
- design reports,
- conditional assessments
- timelines,
- scope of works,
- specifications regarding designs from client,
- technical information including Geotech,
- existing structures and services,
- tender process,
- cost estimates,
- any other relevant information that might impact on project Health and Safety management
- Do the draft Baseline Risk Assessments immediately for all planned contracts.
- Compile Project Specific Health and Safety Specifications with reference to the clients specifications aligned with ISO 45001
- Participate in the compiling of tender requirements referring to Health and Safety management and costing.
- Participate with evaluation of bidders Health and Safety management and costing proposals.
- Construction Phase
- Assess and approve the appointed contractor(s) OHS plans.
- Compile, prepare and submit application for Construction Work Permit
- Monitor the implementation of the OHS plan(s) in accordance with the OHS specification.
- Conduct monthly safety management system audits. Audit compliance with the OHS plan and brief the project management team and contractor(s) following site audits.
- Monitor the compilation of the OHS file and verify maintenance through regular site inspections.
Conclusion
The services of a Health and Safety agent are essential and an obligation in terms of the Construction Regulations 2014.
In order to be compliant and ensuring that the necessary documents and records are obtained and maintained it is important to start compiling a portfolio of evidence that reflects the required proof and consideration taken regarding Occupational Health and Safety and specifically as stipulated in the Construction Regulations 2014.
