Category: Safety File

Health and Safety Consultants
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Health and Safety Consultants

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:

  • Construction
  • Manufacturing
  • Engineering
  • Mining

It is advisable to screen your health and safety consultant before you appoint him/ her. Things to look for is :

  • Qualifications– the person must have a qualification in occupational health and safety from a recognised and accredited training provider. Make sure the consultant is competent and experienced in your field or industry.
  • Company Registrations-the consultant must have a registered company with a registration from CIPC. Also check if the consultant is registered for tax and if he / she is in good standing. The consultant company must provide proof of COID registration , and must have a valid LOGS .
  • Statutory Registrations – the consultant must be registered and in good standing with SACPCMP   if you are in the construction industry. Make sure the consultant is registered at the appropriate level based on your scope of work, the risk profile and  appointment. Developers and clients must employ a registered Pr.Construction Health and Safety Agent or Manager . A principal Contractor must employ a Pr. Construction Health and Safety Manager / Officer .
  • Insurance– the consultant must have professional indemnity insurance  as well as public liability insurance 

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 .

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What is a safety agent?
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What is a 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 Regulation 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.
(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;

 

Safety Agent
safety agent

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.

Some of the services we offer include :

  • Construction Work Permit Applications
  • Drafting of the Client Health and Safety Specifications
  • Drafting  of Project Baseline Risk Assessments
  • Drafting of Mandatary Agreements
  • Drafting of Contractor Appointments
  • Approval of Contractors Health and Safety Plans
  • Monthly Site Inspections and reports
  • Monthly Legal Compliance Audits on all Principal Contractors
  • Prepare OHS compliance report
  • Prepare Project Close out reports

We are SACPCMP registered and our CHSA services is in line with the SACPCMP -CHSA Scope of services.

The bottom line – we do not charge enormous monthly fees, we are professional and will keep your project and contractors legally compliant. 

SACPCMP
Conrisk
safety file
The Health and Safety Agent
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The Health and Safety Agent

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).

On 26 July 2018 DOL issued an Exemption Notice

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.

Some of the services we offer include :

  • Construction Work Permit Applications
  • Drafting of the Client Health and Safety Specifications
  • Drafting  of Project Baseline Risk Assessments
  • Drafting of Mandatary Agreements
  • Drafting of Contractor Appointments
  • Approval of Contractors Health and Safety Plans
  • Monthly Site Inspections and reports
  • Monthly Legal Compliance Audits on all Principal Contractors
  • Prepare OHS compliance report
  • Prepare Project Close out reports

We are SACPCMP registered and our CHSA services is in line with the SACPCMP -CHSA Scope of services.

The bottom line – we do not charge enormous monthly fees, we are professional and will keep your project and contractors legally compliant. 

SACPCMP
safety file
What is a safety file?
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What is a safety file?

What is a  safety file?

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.

What does the South African LAW say about a Health and Safety File?

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.

What do we include in your  Safety File

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:

  • Contractor appointment letter. (Construction Regulation 5(3)(f) of the OHS A)
    37(2) Agreement between client and contractor
  • Notification of Construction Work
  • Copy of the OHS Act
  • Occupational Health and Safety Management Plan
  • Company Occupational Health and Safety Policy
  • Letter of Good Standing
  • Material Safety Data Sheets for hazardous materials used (if required)
  • Tax clearance certificate
  • Risk Assessments
  • Safe work procedures (Site Specific)
  • Fall Protection plan (if required)
  • Legal appointment with proof of training (Ex. Chief Executive Officer, Risk Assessor, First Aider etc.)
  • Incident reporting procedures
  • Incident reports (General Administrative Regulation 9 (3) – Annexure 1)
  • Incident registers
  • Reports of accidents
  • Emergency preparedness documents
  • First aid documents
  • Induction records
  • Medical surveillance records
  • Safety communication (e.g. Toolbox talks)
  • Minutes of safety meetings
  • Inspection registers
  • Read more on our blog

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 .

SACPCMP
safety file
Conrisk
When do I need a safety file?
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When do I need a safety file?

When is a safety file required and what must the contractor know?

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 principal 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.

There is no prescribed format for a safety file in the OHS Act,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.However the client or clients agent may prescribe an standard or format in the clients health

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How much does a Safety File Cost?
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How much does a Safety File Cost?

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 .

What do we include in your  Safety File

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:

  • Contractor appointment letter. (Construction Regulation 5(3)(f) of the OHS A)
    37(2) Agreement between client and contractor
  • Notification of Construction Work
  • Copy of the OHS Act
  • Occupational Health and Safety Management Plan
  • Company Occupational Health and Safety Policy
  • Letter of Good Standing
  • Material Safety Data Sheets for hazardous materials used (if required)
  • Tax clearance certificate
  • Risk Assessments
  • Safe work procedures (Site Specific)
  • Fall Protection plan (if required)
  • Legal appointment with proof of training (Ex. Chief Executive Officer, Risk Assessor, First Aider etc.)
  • Incident reporting procedures
  • Incident reports (General Administrative Regulation 9 (3) – Annexure 1)
  • Incident registers
  • Reports of accidents
  • Emergency preparedness documents
  • First aid documents
  • Induction records
  • Medical surveillance records
  • Safety communication (e.g. Toolbox talks)
  • Minutes of safety meetings
  • Inspection registers
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Safety File for all industries
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Safety File for all industries

Need a Safety File? We assist clients and contractors with the set-up and implementation of safety files.

  • We supply health and safety files to comply with new CONSTRUCTION REGULATIONS 2014.
  • Our  files will be compiled according to the contractors scope of work and the clients health and safety specifications.
  • The health and safety file contains all legal documentation, including legal appointments, registers, toolbox talks, etc.
  • Our consultants will assist to  implement the file and explain how to maintain it.
  • We will draft a site specific Safety Plan, we will ensure that the Client approves the plan and will assist the contractor if any changes are required.
  • We deliver  safety files for :
  • Construction
  • Mining
  • Engineering
  • Telecommunication
  • Transport
  • and all other industries

What do we include in your  Safety File

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 Safety File, it will consist of the following Documents:

  • Contractor appointment letter. (Construction Regulation 5(5)(k) or 7(1)(v)
  • 37(2) Agreement between client and contractor
  • Notification of Construction Work- we will submit the document to DOL
  • Copy of the OHS Act and Regulations.
  • Construction Work Permit.
  • Company Occupational Health and Safety Policy
  • Letter of Good Standing ,Public Liability Insurance, Tax Clearance  and other documents.
  • Material Safety Data Sheets for hazardous materials used (if required)
  • Risk Assessments- baseline and task specific
  • Safe work procedures (Site Specific)
  • Fall Protection plan-IWH Registered person will compile the FPP.
  • Legal appointment with proof of training – all which is applicable to your scope of work.
  • Incident reporting  and investigation procedures and documents.
  • Incident reports (General Administrative Regulation 9 (3) – Annexure 1)
  • Emergency preparedness documents
  • First aid documents- dressing records and registers.
  • Induction records- company induction as well as client induction .
  • Medical surveillance records- annexure 3 medicals.
  • Safety communication (e.g. Toolbox talks)
  • Health and Safety Plan- task and site specific
  • Company Policies and Procedures – e.g HIV Policy,Substance Abuse Policy  and Waste Management Plan
  • Registers (task and site specific, e.g. Confined space, PPE issue, hand tools etc.)
  • Minutes of safety meetings
  • Audit  reports- internal and client audits
  • Inspection registers
  • 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 .
  • Read more on our Blog

What is a safety file?

A Health and Safety File, otherwise known as a ‘ Safety File’ is a record of information focusing on the management of health and safety on construction sites for contractors and subcontractors. It protects the employer from criminal liability and proves compliance to the Occupational Health and Safety Act and Regulations.

What does the South African LAW say about a Health and  Safety File?

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 Health and 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 principal  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 principal  contractor;
Construction Regulation 7(1)(b) –A principal  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 Health and Safety File must be maintained by the site safety personnel and audited by a competent person

Safety Files