Just Legal
Occupational Health and Safety Survey and Baseline
Risk Assessment (including the production of the
building’s health and safety file) will cost in the region
of R5 000 (for a building valued at less than R30
million) but this can vary substantially.
Research shows construction is one of the top
five sectors for on-the-job injuries.
In February 2014, Labour Minister Mildred
Oliphant published a notice under Section 43 of the
Occupational Health and Safety Act (No: 85 of 1993).
This contains the new Construction Regulations
(2014) which repealed the old Construction
Regulations of 2003.
These regulations aim to reduce accidents and
injuries to on-site workers. They clearly define what
constitutes the owner/client (any person for whom
construction work is being performed) and state
exactly what is meant by construction.
Failure to comply with the regulations means that
if a worker is injured on site, the property owner,
trustee, property manager and contractor can be
held individually or jointly criminally and/or civilly
liable.
“To alleviate the risk
to trustees and owners,
make sure your
sectional title property
has a Baseline Risk
Assessment.”
Although property owners have been given
until August 2015 to be fully compliant with the
new legislation, until then they are still vulnerable
to legal repercussions when a contractor is injured
on their property. This is especially pertinent where
owners are not in direct control of what happens
on their premises. Sectional title properties, rental
apartments, business complexes and multi-tenant
office buildings are classic situations where tenants
often embark on repairs, renovations, maintenance
work or upgrades without informing the owner of
the property.
Just Property Magazine
For further protection against a wide range of risks
associated with this legislation, is to get specialised
insurance through a reputable firm. While an injured
worker can seek redress through the courts, a
properly tailored insurance product transfers the
responsibility (for dealing with that process and
claim) away from the trustee or owner and onto the
insurance company.
Existing public liability insurance does not cover the
property owner in these sorts of eventualities, which
is why special cover for these types of risk have been
developed by insurance companies. Occupational
health and safety insurance products are aimed at
protecting property owners, bodycorporate trustees
and property managers from a wide range of risks
associated with this new legislation, including public
liability, professional indemnity, and directors’ and
officers’ liability. The latter clauses are crucial, as are
the covers for legal defence costs for trustees when
you consider they are mostly volunteers performing
the task for little or no compensation.
The regulations are law, so no-one can simply
opt out of these responsibilities. The solution is
straightforward, though, complete a risk assessment,
ensure easy access to the health and safety file, and
get specially tailored insurance.
Issue 7 2015
37