The Civil Engineering Contractor March 2018 | Page 30

INSIGHT
Contractor’s role in
ensuring safety on site
By Shepstone & Wylie Attorneys
Contractor responsibilities as defined under the Construction Regulations.
I
n terms of the Occupational
Health and Safety Act, 1993
(Act No. 85 of 1993), employers
have a duty to maintain and provide,
as far as reasonable, a working
environment that does not pose a
health risk to any employee. Further
to this, an employer must create
a safe working environment for its
employees. A contractor is defined
under the Construction Regulations
(GN R84, GG 37305, 7 February
2014) as an “employer who performs
construction work”.
Before engaging in any construction
work, contractors must provide and
demonstrate to the principal contractor
a suitable and sufficiently documented
health and safety plan. Further, contractors
must ensure that a competent person is
appointed, in writing, to conduct risk
assessments, which must form part of the
health and safety plan.
In terms of the Construction
Regulations, contractors are mandated
to keep and maintain health and safety
files on site. In addition, contractors
may not permit or allow any employee
or person to enter the construction
site, unless that employee or person has
undergone a health and safety induction
training relevant to the construction
site’s hazards at the time of entry.
Visitors must be provided with the
relevant personal protective equipment
(PPE). Contractors must also ensure
that all employees have a valid medical
certificate of fitness, specific to the
construction work to be performed.
Contractors must ensure that all
employees are informed, instructed,
and trained by competent individuals