Just Property Magazine Volume 7 | Page 39

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 This contains the new Construction Regulations (2014) which repealed the old Construction Regulations of 2003.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