Tuesday, September 09, 2014

Construction Regulations 2014

Articles in the February, May and June editions of this e-Bulletin reported on the promulgation of the Construction Regulations 2014 on Monday 10 February 2014 and noted that the new regulations` …..have significant implications for employers in the construction sector, placing additional responsibility for health and safety compliance on the client, contractor and designer of a project’ and that they are `… applicable to all persons involved in construction work, but did not apply to cases where construction work was carried out in relation to a single-story dwelling for a client who intended to reside in the dwelling upon completion.’

Copies of the 2014 regulations and a presentation by Mark Winter of Safe Working Practice (mwinter@safepractice.co.za – Tel: 071 603 2213 / 021 712 1643) in which he compares the Construction Regulations 2014 with those of 2003 and highlights the main differences, are available here. A paper on “The impact of the new health and safety (construction) regulations on municipal and design electrical engineers” by Dr Willem du Toit, Saftek Technology, has also been included in the programme of the AMEU Convention 2014.

A recent development has however, provided a modicum of relief in the promulgation of Government Gazette No. 37942 on 29 August 2014 which contains a `NOTICE REGARDING APPLICATION OF THE CONSTRUCTION REGULATIONS 2014’ (No. R.647). This notice grants temporary exemptions in terms of section 40 of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) as follows:
  • Registration with the South African Council for the Project and Construction Management Professions (SACPCMP) as  contemplated in regulation 5(8) of the following categories of construction health and safety professionals until the 6th August 2015
    • 1. Regulation 5 (7)(b)
       "An agent contemplated in subregulations (5) and (6) must-be registered with a statutory body approved by the Chief Inspector as qualified to perform the required functions."
    • 2. Regulations 8 (6)
      "No contractor may appoint a construction health and safety officer to assist in the control of health and safety related aspects on the site unless he or she is reasonably satisfied that the construction health and safety officer that he or she intends to appoint is registered with a statutory body approved by the Chief Inspector and has the necessary competencies and resources to assist the contractor"

This gazette is also available free online at www.gpwonline.co.za as well as here.

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