Legal Compliance - Body Corporate Trustee exposed under new Construction Regulations

The impact of the recently promulgated Construction Regulations 2014, on Body Corporate Trustees and Directors, wanting to initiate large refurbishment projects.

Body Corporate Trustees / Directors seem unaware of the numerous Legal Duties which have been imposed on them by the Construction Regulation 2014, when they undertake large refurbishment or renovation projects.

The Construction Regulations 2014 fall under the Occupational Health and Safety Act and impose legal duties on an entity termed “The Client”, which effectively means Trustees. Trustees can no longer engage a Contractor and then step back and leave health and safety issues to the Contractor.

Some specific legal duties include:

  • Writing a “Safety Specification” for the project and including it in the tender documentation for contractors.
  • Drawing up a Mandatory Agreement between the Contractor and the Body Corporate.
  • Assessing and approving the Contractor’s written “Health and Safety Plan”, plus ensuring that it is implemented.
  • Ensuring that the Contractor has produced written Risk Assessments, plus a Fall Protection Plan.
  • Ensuring the contractor is registered and in “good standing” with the Compensation Commission (COID).
  • Checking / Auditing the Contractor’s compliance with the Construction Regulations.
  • Stopping the contractor from working if the work is not in accordance with the Safety Plan and Safety Specification.
  • To name a few……

These legal duties can be shifted to a “Safety Agent”, who ensures that Contractors comply with the OHS Act and Construction Regulations 2014. This is the service being offered by WORKPLACE HEALTH AND SAFETY SOLUTIONS.

Service offered to Body Corporate Trustees:

  1. Involvement in the pre-contract negotiations, to ensure that interalia, the Contractor makes provision for health and safety compliance in his tender price.
  2. Drafting of the statutory “Health and Safety Specification” on behalf of the Body Corporate and then studying the statutory “Safety Plan” of the Contractor.
  3. Ensuring that the Contractors sign full “Mandatory Agreements” before commencing work (this places the onus for compliance on the Contractors)
  4. Ensuring the Contractor notifies the Dept of Labour about the project.
  5. Ensuring Contractors make the necessary legal appointments e.g. Site Manager.
  6. Inspecting the site weekly, to ensure that the Contractor complies with the Safety Specification and the Safety Plan.
  7. Place in writing deficiencies identified and follow up with Contractor.

Fees:

The fee structure will be dependant on the size and complexity of each contract.

Typically charges are:

R2000 pre-construction site meeting and generation of Safety Specifications and Mandatory Agreements for all Contractors,

R450 for assessing and approving contractor safety plans and site safety files,

R450 for each site inspection once the work commences.

For a 10 week high rise painting project, the fees amount to approximately R9500,00.

Clients have been protected from prosecution and accidents have been avoided, through our involvement on site.

Please contact the undersigned before you launch a large project, to obtain legal protection and peace of mind.

Marshall McDonald

WORKPLACE HEALTH AND SAFETY SOLUTIONS

Full member and Registered Health and Safety Professional with the SA Institute of Safety and Health (Saiosh)

BEE compliant Section 4

Tel: 031-3124189 or 072-8150619

Email: [email protected]

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