Construction Regulations, 2014
The Construction Regulations, 2014 was published under section 43 of the Occupational Health and Safety Act, No. 85 of 1993.
Construction projects come with its own inherent risks, making it crucial for all relevant role players to be appointed and to understand the scope of their duties and responsibilities which will enable them to prioritise health and safety.
Below is a list of appointments in terms of the Construction Regulations, some of which are mandatory and others which are discretionary depending on, amongst others, the construction
work that is being conducted. Although not all the provisions specify that the appointments must be in writing, it is advised that appointments be in writing from a liability and accountability perspective.
It should be noted that over and above the appointments listed herein any relevant roles player i.e. client, contractor, construction manager etc., may appoint any other person should the aforementioned persons be of the opinion that such appointment is necessary from a risk perspective.
Appointments by the Client
| Mandatory appointments | ||
| Item | Designation | Regulation |
| 1. | Principal contractor(s) | Regulation 5(1)(k) |
| 2. | Agent / Client representative (competent person) [Note: Its is mandatory where a construction work permit is required.] | Regulation 5(5) |
| 3. | Agent / Client representative (competent person) [Note: It is mandatory if an inspector requires such appointment to be made.] | Regulation 5(6) |
| Discretionary appointments | ||
| Item | Designation | Regulation |
| 1. | Agent / Client representative (competent person) [Note: It is discretionary where the notification of construction work is required.] | Regulation 5(6) |
| 2. | Designer (competent person) [Note: Given that the Regulations are silent, on interpretation of the entire Regulations, it would appear that either the Client or a Principal contractor / Contractor could appoint such a person.] | The Regulations are silent on whether a Designer must be appointed / appointed in writing. However, it is advised that such appointment be in writing in terms of Regulation 6 should the Client or Contractor deem it necessary from a risk perspective. |
Appointments by the Contractors
| Mandatory appointments | ||
| Item | Designation | Regulation |
| 1. | Construction manager (competent person) | Regulation 8(1) |
| 2. | Assistant construction manager | Regulation 8(2) |
| 3. | Construction health and safety officer [Note: It is mandatory if an inspector requires such appointment to be made.] | Regulation 8(5) |
| 4. | Assistant construction supervisor(s) | Regulation 8(8) |
| 5. | Risk assessor (competent person) | Regulation 9(1) |
| 6. | Person responsible for preparing the fall protection plan (competent person) [Note: The Contractor must “designate” such person.] | Regulation 10(1)(a) |
| 7. | Temporary works designer (competent person) | Regulation 12(1) |
| 8. | Temporary works supervisor (competent person) | Regulation 12(2) |
| 9. | Excavation work supervisor (competent person) | Regulation 13(1)(a) |
| 10. | Demolition work supervisor (competent person) | Regulation 14(1) |
| 11. | Scaffolding work supervisor (competent person) | Regulation 16(1) |
| 12. | Suspended platform work supervisor (competent person) | Regulation 17(1) |
| 13. | Person responsible to perform performance test of suspended platform(s) (competent person) | Regulation 17(8)(c) |
| 14. | Rope access supervisor | Regulation 18(1)(a) |
| 15. | Material hoist inspector (competent person) | Regulation 19(8)(a) |
| 16. | Bulk mixing plant supervisor (competent person) | Regulation 20(1) |
| 17. | Explosive actuated fastening device supervisor (competent person) | Regulation 21(2)(b) |
| 18. | Issuer and collector of cartridges and nails or studs of explosive actuated fastening device | Regulation 21(2)(g)(i) |
| 19. | Construction vehicle and mobile plant operator [Note: The person must be “authorised” in writing.] | Regulation 23(1)(d) |
| 20. | Temporary electrical installation controller (competent person) | Regulation 24(c) |
| 21. | Stacking and storage supervisor (competent person) | Regulation 28(a) |
| 22. | Fire extinguishing equipment inspector (competent person) | Regulation 29(h) |
| Discretionary appointments | ||
| Item | Designation | Regulation |
| 1. | Designer (competent person) [Note: Given that the Regulations are silent, on interpretation of the entire Regulations, it would appear that either the Client or a Principal contractor / Contractor could appoint such a person.] | The Regulations are silent on whether a Designer must be appointed / appointed in writing. However, it is advised that such appointment be in writing in terms of Regulation 6 should the Client or Contractor deem it necessary from a risk perspective. |
| 2. | Contractor(s) [Note: Contractors are appointments by either the Principal contractor or any other Contractor.] | Regulations 7(1)(c)(v) and 7(3) |
| 3. | Construction health and safety officer [Note: It is discretionary based on consultation with Client and after certain considerations i.e. hazards and risks, size of the project.] | Regulation 8(5) |
Appointment by Construction Manager
| Item | Designation | Regulation |
| 1. | Construction supervisors | Regulation 8(7) |
Author: Cindy-Lee Bekeer