Construction Work
Permit Changes
by STEPHAN JULIUS
T
he New Construction Regulations (NCR) were promulgated
on the 7th February 2014 under the Occupational Health
and Safety Act 85 / 1993. The regulations now impose
additional duties and responsibilities on the client, being any
person for whom construction work is being done. The New
Construction Regulations are obligatory and intend to ensure that
only competent persons are appointed and that risk assessments
are carried out by such competent persons from the inception
stage until completion of the project.
The NCR provides a clear guideline to the client / agent as to
how they should apply for a Construction Work Permit with the
Department of Labour.
ADDITIONAL DUTIES OF THE CLIENT
• The client must prepare a Baseline Risk Assessment for the
construction work.
• Ensure that the designer provid es the health and safety agent
with a design risk report.
• Ensure that the Baseline Risk Assessment information is
included in the health and safety specification.
• Ensure that the designer takes the prepared health and safety
specification into consideration during the design stage.
• Ensure that the health and safety risk profile is communicated
to all concerned.
• The New Construction Regulations places a huge emphasis on
the client / agent to enforce the contractor’s risk assessments
and that they are monitored, reviewed and that it is specifically
aligned to the building programme and risk.
• The client must appoint a competent professional team and
principal contractor in writing.
• The client must also appoint a competent Construction
Health and Safety (Agent) who is registered with the South
African Council for The Project and Construction Management
Professions (SACPCMP).
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• Apply for a Construction Work Permit thirty ( 30 ) days
before construction starts where the contract value exceeds
R130 million.
• Note: Refer to Construction Regulation 5 of the Occupational
Health and Safety Act 85/1993 for all the “Duties of the Client”.
WHEN IS THE APPLICATION FOR A
CONSTRUCTION WORK PERMIT APPLICABLE?
In terms of Government Notice No 39025 July 2015, the
Department of Labour (DOL) issued the following instruction:
“A Client / Agent must apply for a Construction Work Permit 30
days before the work commences to the Department of Labour if
the contract value exceeds R130 million or Construction Industry
Development Board (CIDB) grading level 9.
• A similar application must be submitted to the Department
of Labour 30 days before construction starts, after the 7th
February 2017 if the works contract is of a value exceeding
R40 million or CIDB grading Level 8.
• After the 7th August 2018 and 30 days before construction
starts the project exceeds 365 days or involves more than 3,600
person days if construction work or the works contract is of a
value exceeding R13 million or CIDB grading level 7.
CAN YOU START WITHOUT A
CONSTRUCTION WORK PERMIT?
• No construction work can start if a Construction Work Permit
is not issued by the Department of Labour. The Construction
Work Permit will reflect a site-specific number, for example
(WC/2016/08/CPT007). This site-specific number must be
conspicuously displayed at the site main entrance.
• The Department of Labour has committed that they will
issue the Construction Work Permit within 30 days after
they have received all the documentation as required by
Construction Regulation 3.
Work Permit