The recent publication of a guideline to the 2014 Construction Regulations by the Department of Labour provides clarity on certain definitions and sub-regulations, however it fails to address a number of items. This is according to the Master Builders Association of the Western Cape (MBAWC).

The association’s occupational health and safety manager Deon Bester said that by failing to address certain items, these guidelines are then open to personal interpretation which can create conflict on construction sites.

Some of the items addressed by the guideline, which Bester feels are beneficial to the industry, include the clarification of the definition of ‘agent’ and elaboration on the responsibilities of this position – namely supervising the overall construction work on behalf of the client and ensuring the management of health and safety on a construction project.

Bester also said he appreciates the addendum to the phrase ‘competent person’ to include more detailed criteria for determining the appropriateness of an individual in relation to the work being done.

The guideline states that an all-inclusive assessment should be carried out on their knowledge, training and experience and, where appropriate, qualifications. In addition, a ‘competent person’ should be able to demonstrate an understanding of the Occupational Health and Safety (OSH) Act and its various applicable regulations.

Medicals and client responsibility

In terms of an employee’s medical certificate of fitness, Bester said it was made clear that a risk-based approach must be taken when considering the method and frequency of medicals. This is because, up until now, the practice has been an annual medical, irrespective of the risk profile.

The guideline further details the duties of the client, with the MBAWC OHS manager, highlighting that it was now more apparent that the client is responsible for evaluating any contractor which he or she may specify to be appointed by the principal contractor.

Bester did however express his issue with the sub-section that stated: “A client may appoint a Construction Health and Safety Agent or Construction Health and Safety Manager based on the scope and risk profile of construction work to represent him/her on matters of health and safety.”

Bester said that while this was self-explanatory, “there is no clear guideline regarding whether to appoint an agent or a manager based on the level of risk involved. This is particularly concerning given that the registration process and scope of duties for an agent are quite different from those of a manager.”

He was however satisfied that the guideline concerning temporary works now plainly showed that three different people could be appointed to design, inspect and approve temporary works on site before use. He also said he was pleased that the guideline emphasises that the design required for scaffolding must be done in accordance with the requirements of SANS 10085, which has its own set of rules regarding design.

“I believe that the guideline will go a long way towards improving health and safety on site,” Bester said.