16 Duties of a Construction Owner or Agent
Comply with all of them or face a R100 000 fine or 2 years in jail, or both!
When you start a new construction project, you need to make sure you know and follow the correct procedures. You also need to know what each person’s responsibilities are.
There are heavy penalties if you don’t comply: the maximum fine is R100 000 and/or imprisonment for a period not exceeding two years (Section 38(2), OHSA)!
The Department of Labour (DoL) inspectors have the power to stop your work if they find you’re not complying with the regulations. You don’t want to end up with a criminal record or civil action against you.
The following information is taken from the Health & Safety Advisor, which you can order for a 14 day trial period. You’ll also receive two bonus reports, a H&S Toolkit CD, regular updates, a weekly bulletin, online access to past Health and Safety updates and a H&S Helpdesk.
One of the things you should know is your 16 duties as a construction owner or agent. Use the checklist below to ensure you’ve completed all your responsibilities...
Checklist: 16 duties of a construction owner or agent
- Has the CEO appointed a person to assist him in carrying out his health and safety duties and responsibilities (Section 16(2), OHSA)? Yes/No
- Is a full copy of the OHSA available on site? Yes/No
- Is the employer aware of his duties in terms of Section 8 of the OHSA? Yes/No
- Have the relevant people drawn up Section 37(2) agreements where required? Yes/No
- Are health and safety policy protocols formulated? This isn’t a legal requirement but the Department of Labour could insist you develop one (Section 7, OHSA). Yes/No
- Is the protective clothing and equipment adequate? Assess the hazards and if you can’t remove or reduce them, issue protective clothing and equipment and enforce the use of these. Yes/No
- Have you prepared health and safety specifications in advance from the principal contractor to refer to when formulating his health and safety plan? Yes/No
- Have you appointed a competent agent, and in writing? Yes/No
- Do you ensure the site is audited monthly to guarantee continued implementation of the health and safety plan? Yes/No
- Do you stop work when you consider the site unsafe? Yes/No
- Do you notify the principal contractor if you’ve made changes to the project? Yes/No
- Is the principal contractor registered and in good standing with COID? Yes/No
- Has the principal contractor made sufficient financial provision for health and safety? Yes/No
- Have you discussed health and safety plans with contractors before you grant approval? Yes/No
- Is a copy of the health and safety plan available on site? Yes/No
- Is the principal contractor competent to perform the work? Yes/No
You can locate this checklist in C02/001 Construction: Procedures to follow when undertaking construction work in your Health and Safety Advisor Loose Leaf. This isn’t the only tool we’ve included in the chapter. You’ll also find:
- Step-by-step: Procedure you must follow when you start a construction project
- Checklist: 51 duties of the main contractor
- Checklist: 49 duties of the sub-contractor
- Who is liable, responsible and accountable when an incident occurs?
- Draw up an agreement to cover yourself against liability
- Sample form: Notification of construction work
- Sample form: Indemnity agreement
- Sample form: Agreement between client and contractor
The Health and Safety Advisor also includes Chapters on:
- Risk Assessment: Do you make these four common mistakes?
- Employee Obligations: 3 Tips to get your employees to comply with health and safety laws
- Employer Obligations: Your 1 527 health and safety duties as an employer
- Incidents: Is your workplace a death trap that can cost lives and your business R795 000?
- Inspections: Are you ready for your Health and Safety Inspection?
- PPE: 8 ways to make sure your employees wear their PPE
