Klass Looch Associates

Employer OHS Champion since 1986 

OHS Act. Construction Regulation Proposed Amendment. Duties of the Client.


4.(1) A client shall be responsible for the following in order to ensure compliance with the provisions of the Act:

(a)

(i) to prepare a baseline risk assessment for the intended project.

(ii) to prepare a suitable, sufficiently documented and site specific health and safety specifications for the intended construction work based on the baseline risk assessment as contemplated in regulation 4.1 (a)(i).

(b) to provide the designer with such health and safety specification as contemplated in regulation 4.1(a)

(ii). to ensure that the designer takes this health and safety specification into consideration as contemplated in 9.2 of these regulations.

(c) to include the health and safety specification, as contemplated in regulation 4.1(a)&(b), in the tender documents.

(d) to ensure that potential principal contractors submitting tenders, have made adequate provision for the cost of health and safety measures.

(e) to ensure that the principal contractor to be appointed has the necessary competencies and resources to carry out the construction work safely.

(f) 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 as contemplated in COID Act (no. 130 of 1993); and

(g) to appoint each principal contractor in writing for the project or part thereof on a construction site;

(h) to notify the Provincial Director in writing of the construction work as contemplated in regulation 3.1;

(i) to 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. No construction work shall commence until such health and safety plan has been approved.

(j) to ensure that a copy of the principal contractor's health and safety plan is available on request to an employee, inspector or contractor.

(k) 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 health and safety audits at intervals mutually agreed upon between the client and principal contractor, but at least once every month;

(l) 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;

(m) 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;

(n) Without derogating from his responsibilities or liabilities, 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. No client shall appoint any person as an agent, unless such person is an approved inspection authority as contemplated in regulation 29.

(o) to ensure that the consolidated health and safety file from the contractor to be kept as contemplated in regulation 5.8.