A Safety File could be your worst enemy as most people would have you believe, however it’s actually your best friend in the worst situations. Proof of evidence is a…

A Safety File could be your worst enemy as most people would have you believe, however it’s actually your best friend in the worst situations. Proof of evidence is a…
COVID-19 Compliance is exactly what is means, compliance with the Disaster Management Act and the ditective issued by the Department of Employment and Labour
A directive has recently been issued by the Department of Employment and Labour (dated 28 April 2020), which gives much needed guidance on what measures an employer would need to take to provide its employees with safety measures to protect against the risk of Covid19 exposure.
The Department of Employment and Labour directive on Covid19 Occupational Health and Safety Measures in Workplaces (“The Covid19 OHSA Directive“) generally requires employers to follow the Regulations for Hazardous Biological Agents, issued under the Occupational Health and Safety Act (GN R1390 of 27 December 2001) (HBA Regulations). In addition the Covid19 OHSA Directive identifies the hazard posed by Covid19 as ‘transmission by an infected person to workers in the workplace” and provides that the basic measures to eliminate this risk are “now well known.”
With regard to the HBA Regulations:
Compliance with the HBA regulations in this regard would require that the employer must:
In addition to the HBA Regulations, the Covid19 OHSA Directive specifically applies to employers and workers involved in the manufacturing of essential goods and providers of essential services. The Covid19 OHSA Directive requires implementing:
There are minor relaxations for small businesses employing less than 10 people, but these small businesses are still required to provide masks, restrict employees with symptoms from working, arranging their workplaces so that employees are at least 1.5 metres apart, provide hand sanitisers, and to disinfect workstations regularly.
The Covid19 OHSA Directive provides useful clarity as to what types of masks and ventilation must be provided. In this regard, if mechanical ventilation systems are in place, they must be High Efficiency Particular ate Air (HEPA) filters, which are regularly cleaned and maintained and which do not fee back into open windows. Masks must be cloth masks, of which at least two must be provided to employees. An employer must arrange for the washing, drying and ironing of these masks. These masks must also comply with requirements provided by the Department of Trade and Industry . The Department of Health has also now made it a legal requirement for all persons to wear cloth masks in public places.
OHSA inspectors have the powers under OHSA, to enforce the HBA Regulations and the Covid19 OHSA Directive, and have the legal authority to enter premises to conduct an inspection, and may direct an employer to cease performing any act, which threatens the health of safety of any person. Inspectors may also “block, bar, barricade or fence off that part of the workplace, plant or machinery to which the prohibition applies, and no person shall interfere with or remove such blocking, bar, barricade or fence.”
Since the Covid19 OHSA Directive applies in respect of any operations being conducted under the Essential Services Regulations, which at present are the only businesses which are allowed to operate, and since the Covid19 OHSA Directive gives specific direction as to what measures should be implemented by employers, these directions should be adhered to over and above the HBA Regulations.
Employers are encouraged to take all of the necessary steps to ensure that their workplaces are safe for their employees
COVID-19 Pack
We have prepared a complete suit of documents to get you compliant with the regulations and directives . Some documents included in this pack is:
COVID-19 Self-Declaration For Entry Into The Workplace
COVID-19 Workplace Plan: Workplace Preparedness Level 4
COVID-19 Infection Prevention Control Procedure
COVID-19 Daily Symptom Monitoring Tool
Risk Assessment Novel Corona Virus COVID-19 Infection Prevention And Control In The Workplace
Risk Assessment Guideline For General workplaces
Bio-Risk Assessment Tool For Workplaces
Safe Work Procedures
Training Slides
Posters
The COVID-19 pack cost R600-00 only.
What is the function of a health and safety consultant?
Health and Safety Consultants assist the client with the implementation and maintenance of a documented health and safety management system .
The consultant is appointed as a consultant and do not relieve the employer of any statutory requirements or duties as required by the Occupational Health and Safety Act 85 of 1993 and all other applicable legislation.
A consultant (from Latin: consultare “to deliberate”) is a professional who provides expert advice[1] in a particular area such as security (electronic or physical), management, education, accountancy, law, human resources, marketing (and public relations), finance, health care, engineering, science or any of many other specialized fields.
In terms of the OHS Act under section 37 , a consultant is a contractor or mandatary and will need to comply with the requirements of the law.
Health and Safety Consultants must be experts in the OHS field with extensive experience in various industries e.g:
It is advisable to screen your health and safety consultant before you appoint him/ her. Things to look for is :
When you employ a consultant to draft a safety file for a project, the consultant must be appointed as the CR8.5 safety officer ( where required ), this means the health and safety consultant must visit the site , conduct site inspections and do reports . A consultant cannot be appointed in a safety file if the client/ contractor does not intend to employ the consultant to do the site visits/ inspections and other services as agreed upon by both parties .
A client may appoint a Construction Health and Safety Agent or Construction Health and Safety Manager based on the scope and risk profile of construction work to represent him/her on matters of health and safety. Provided that, where the question arises as to whether a Construction Health Safety Agent or a Construction Health and Safety Manager is necessary, the decision of an inspector is decisive.- As amended :Construction Regulations 02 June 2017
The Health and Safety Agent means a competent person who acts as representative for a client.
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.
(6) Where notification of construction work is required as contemplated in regulation 4(1), the client may, 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: Provided that, where the question arises as to whether an agent is necessary, the decision of an inspector is decisive.
(7) An agent contemplated in subregulations (5) and (6) must—
(a) manage the health and safety on a construction project for the client; and
(b) be registered with a statutory body approved by the Chief Inspector as qualified to perform the required functions;
We assist all clients and developers with legal compliance on projects, by acting as the Clients Health and Safety Agent. We deliver our services at the lowest rates in the industry, without compromising on service or quality.
We are SACPCMP registered and our CHSA services is in line with the SACPCMP -CHSA Scope of services.
We assist clients on various sites as their safety agent.
A client may appoint a Construction Health and Safety Agent or Construction Health and Safety Manager based on the scope and risk profile of construction work to represent him/her on matters of health and safety. Provided that, where the question arises as to whether a Construction Health Safety Agent or a Construction Health and Safety Manager is necessary, the decision of an inspector is decisive.- As amended :Construction Regulations 02 June 2017
The Health and Safety Agent means a competent person who acts as representative for a client- Construction Regulations GNR. 84 of 7 February 2014
Notes:
a) A person or an organisation that acts as a representative for a client in managing overall construction work with full authority and obligation to act on behalf of the client in terms of the Construction Regulations.
b) An agent contemplated above must ensure the management of health and safety on a construction project for a client and where applicable through an appointment of a registered competent person with a statutory body approved by the Chief Inspector. Refer to Regulation 5 (7).
Construction Regulation 5: Duties of client
5. (1) A client must—
(a) prepare a baseline risk assessment for an intended construction work project;
(b) prepare a suitable, sufficiently documented and coherent site specific health and safety specification for the intended construction work based on the baseline risk assessment contemplated in paragraph (a);
(c) provide the designer with the health and safety specification contemplated in paragraph (b);
(d) ensure that the designer takes the prepared health and safety specification into consideration during the design stage;
(e) ensure that the designer carries out all responsibilities contemplated in regulation 6;
(f) include the health and safety specification in the tender documents;
(g) ensure that potential principal contractors submitting tenders have made adequate provision for the cost of health and safety measures;
(h) ensure that the principal contractor to be appointed has the necessary competencies and resources to carry out the construction work safely;
(i) take reasonable steps to ensure co-operation between all contractors appointed by the client to enable each of those contractors to comply with these Regulations;
(j) ensure before any work commences on a site that every principal contractor is registered and in good standing with the compensation fund or with a licensed compensation insurer as contemplated in the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);
(k) appoint every principal contractor in writing for the project or part thereof on the construction site;
(l) discuss and negotiate with the principal contractor the contents of the principal contractor’s health and safety plan contemplated in regulation 7(1), and must thereafter finally approve that plan for implementation;
(m) ensure that a copy of the principal contractor’s health and safety plan is available on request to an employee, inspector or contractor;
(n) take reasonable steps to ensure that each contractor’s health and safety plan contemplated in regulation 7(1)(a) is implemented and maintained;
(o) ensure that periodic health and safety audits and document verification are conducted at intervals mutually agreed upon between the principal contractor and any contractor, but at least once every 30 days;
(p) ensure that a copy of the health and safety audit report contemplated in paragraph (o) is provided to the principal contractor within seven days after the audit;
(q) stop any contractor from executing a construction activity which poses a threat to the health and safety of persons which is not in accordance with the client’s health and safety specifications and the principal contractor’s health and safety plan for the site;
(r) where changes are brought about to the design or construction work, make sufficient health and safety information and appropriate resources available to the principal contractor to execute the work safely; and
(s) ensure that the health and safety file contemplated in regulation 7(1)(b) is kept and maintained by the principal contractor.
(2) Where a client requires additional work to be performed as a result of a design change or an error in construction due to the actions of the client, the client must ensure that sufficient safety information and appropriate additional resources are available to execute the required work safely.
(3) Where a fatality or permanent disabling injury occurs on a construction site, the client must ensure that the contractor provides the provincial director with a report contemplated in section 24 of the Act, in accordance with regulations 8 and 9 of the General Administrative Regulations, 2013, and that the report includes the measures that the contractor intends to implement to ensure a safe construction site as far as is reasonably practicable.
(4) Where more than one principal contractor is appointed as contemplated in sub regulation (1)(k), the client must take reasonable steps to ensure co-operation between all principal contractors and contractors in order to ensure compliance with these Regulations.
(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.
(6) Where notification of construction work is required as contemplated in regulation 4(1), the client may, 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: Provided that, where the question arises as to whether an agent is necessary, the decision of an inspector is decisive.
(7) An agent contemplated in sub regulations (5) and (6) must—
(a) manage the health and safety on a construction project for the client; and
(b) be registered with a statutory body approved by the Chief Inspector as qualified to perform the required functions;
(8) When the chief inspector has approved a statutory body as contemplated in sub regulation (7)(b), he or she must give notice of that approval in the Gazette.
Notes
a) Regulation 5(1)d must be read with regulation 6, the duties of the designer and a written report must be submitted to the Client by the Designer as proof of compliance with the afore said regulation.
b) Regulation 5(1)(i) Where there are multiple principle contractors (or contractors) on site appointed by the client , the client shall coordinate cooperation between contractors to ensure health and safety control, read with regulation 7(4).
Regulation 5 (5); (6) and (7) .
c) Where a client specifies which contractors a principal contractor must appoint the duties as specified in 7(1)(c)(iii) shall be applicable to the said client.
d) A client may appoint a Construction Health and Safety Agent or Construction Health and Safety Manager based on the scope and risk profile of construction work to represent him/her on matters of health and safety. Provided that, where the question arises as to whether a Construction Health Safety Agent or a Construction Health and Safety Manager is necessary, the decision of an inspector is decisive.
We assist all clients and developers with legal compliance on projects, by acting as the Clients Health and Safety Agent. We deliver our services at the lowest rates in the industry, without compromising on service or quality.
We are SACPCMP registered and our CHSA services is in line with the SACPCMP -CHSA Scope of services.
A Safety File, otherwise known as a ‘Contractor Health and Safety File’ is a record of information focusing on the management of health and safety on construction sites for contractors and sub-contractors. It protects the employer from criminal liability and proves compliance to the Occupational Health and Safety Act and Regulations.
Every contractor and sub-contractor is required by the Occupational Health and Safety Act 85 of 1993 and the Construction Regulations 2014, to have a Safety File that must be available at all times. The Occupational Health and Safety Act 85 of 1993 and Construction Regulations 2014 state the following:
Construction Regulation 3(6)– A client must ensure that the principle contractor keeps a copy of the construction work permit contemplated in sub regulation (1) in the occupational health and safety file for inspection by an inspector, the client, the client’s authorized agent, or an employee;
Construction Regulation 5(1)(s) – The client must ensure that health and safety file contemplated in regulation 7(1)(b) is kept and maintained by the principle contractor;
Construction Regulation 7(1)(b) –A principle contractor must open and keep on site a health and safety file which must include all documentation required in terms of the Act and these Regulations, which must be made available on request to an inspector, the client, the client’s agent or a contractor.
The OHS File must be maintained by the site safety personnel and audited by a competent person.
Every Health and Safety File is ‘site specific’. It will be compiled in accordance with the client’s and the site’s safety specifications. The overall information requirements remain the same, and the site specific documents will be added. When we setup your file, it will consist of the following Documents:
Searching for answers and guessing which of the safety regulations are relevant to your business can keep you busy for a very long time. There are templates that you need, but there are so many and you don’t know which ones are correct. You are not sure what safety topics to use in your Tool Box Talks and how often you should do them. You simply don’t have the time and you have more important things to attend to.We will worry about your safety file while you worry about your business- we have all the knowledge and experience .
How much does a Safety File Cost? this is the first question someone ask when they phone me.
Health and Safety File prices differ drastically from one company to the next. So How much is a Safety File? Well that depends on the company you choose to work with. There are no set prices for a health and safety file. The price is determined by the consultant you use for the file. We have seen prices from between R1000 – R20000. The price would also depend on the size of the project and the risks involved .You should be careful to simply use the cheapest contractor. Make sure that your consultant is competent and SACPCMP registered A safety file is a very important part of your project and you definitely don’t want to compromise on quality or face legal compliance issues, delays and non-payments.
How much does a Safety File cost? should not be the first question being asked, but rather are you a competent ,SACPCMP registered individual?
The point is , it is not always the best decision to use the cheapest consultant because you did not budget for a safety file.
Every contractor is required to present to the client a site specific health and safety file, and every client must ensure that the contractor has the required resources to implement the health and safety plan on site. Occupational Health and Safety should be a standard item on every Bill of Quantities .
Every Safety File is ‘site specific’. It will be compiled in accordance with the client’s and the site’s safety specifications. The overall information requirements remain the same, and the site specific documents will be added. When we setup your Health and Safety File, it will consist of the following Documents: