/ UNIVERSITY ESTATES
Doc. Nr. / CHS-SPEC-01 / Owner / PROJECT MANAGEMENT(OHS)
Rev. Nr. / 0 / Next revision date / 2016-10-01
CONSTRUCTION HEALTH AND SAFETY SPECIFICATION
THE OCCUPATIONAL HEALTH AND SAFETY SPECIFICATION
FOR
______
______
(PROJECT NAME)
FOR
THE UNIVERSITY OF SOUTH AFRICA
(THE “CLIENT”)
AND
______
(THE “PRINCIPAL CONTRACTOR”)
PROJECT MANAGEMENT/SUPERVISION
SUPERVISION BY THE UNIVERSITY OF SOUTH AFRICA:
______-PROJECT MANAGER
______-HEALTH AND SAFETY OFFICER (UE)
(Monitoring the Project Health and Safety)
SUPERVISION BY AGENT/DESIGNER (As appointed):
______-DESIGNER/AGENT REPRESENTATIVE
SUPERVISION BY THE PRINCIPAL CONTRACTOR (As appointed):
______-CONTRACTOR REPRESENTATIVE
______-HEALTH AND SAFETY OFFICER
______-HEALTH AND SAFETY OFFICER
CONTENTS
PAGE
1.PREAMBLE4
2.SCOPE OF HEALTH & SAFETY SPECIFICATION5
3.PURPOSE5
4.DEFINITIONS5
5.MANAGEMENT AND SUPERVISION OF CONSTRUCTION WORK5
5.1OHS Organogram6
5.2Mandatory appointments6
6.COMMUNICATION6
7.RESPONSIBILITIES7
7.1Client7
7.2Principal Contractor8
7.3Contractors8
8.SCOPE OF WORKS9
9.HEALTH AND SAFETY FILE9
10.OHS GOALS, OBJECTIVES AND ARRANGEMENTS FOR MONITORING
AND REVIEWING OHS PERFORMANCE11
11.ACKNOWLEDGEMENT OF RECEIPT OF HEALTH AND SAFETY SPECIFICATION12
1.PREAMBLE
1.1In terms of Construction Regulation 5(1) (b) as amended in 2014 and incorporated in the Occupational Health and Safety Act, 1993 (Act 85 of 1993), hereinafter referred to as ‘the Act’, the University of South Africa, as the Client and/or its Agent on its behalf, shall be responsible to prepare Health & Safety Specifications for any intended construction project and provide any Principal Contractor who is making a bid or appointed to perform construction work for the Client and/or its Agent on its behalf with same.
1.2The Client’s further duties are as described in the Act and the Regulations made there-under. The Principal Contractor shall be responsible for the Health & Safety of employees and any other person who may be affected by Construction activities on site. The Principal Contractor is required to develop for implementation a Health and Safety Policy in terms of Section 7 of the Act. The Principal Contractor shall further ensure that duties of the Principal Contractor as stipulated in Construction Regulations 7 are complied with.
1.3This ‘Health and Safety Specification’ document is governed by the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993). Notwithstanding this, cognizance should be taken of the fact that no single Act or its set of Regulations can be read in isolation. Furthermore, although the definition of Health and Safety Specification stipulates ‘a documented specification of all health and safety requirements pertaining to associated works on a construction site, so as to ensure the health and safety of persons’, it is required that the entire scope of the Labour legislation, including the Basic Conditions of Employment Act be considered as part of the legal compliance system. With reference to this specification document this requirement is limited to all health, safety and environmental issues pertaining to the site of the project as referred to here-in. Despite the foregoing it is reiterated that environmental management shall receive due attention.
1.4Due to the wide scope and definition of construction work, every construction activity and site will be different, and circumstances and conditions may change even on a daily basis. Therefore, due caution is to be taken by the Principal Contractorwhen drafting the Health and Safety Plan based on this Health and Safety Specification. Prior to drafting the Health and Safety Plan, and in consideration of the information contained here-in, the contractor shall set up a Risk Assessment Program to identify and determine the scope and details of any risk associated with any hazard at the construction site, in order to identify the steps needed to be taken to remove, reduce or control such hazard. This Risk Assessment and the steps identified will be the basis or point of departure for the Health and Safety Plan. The Health and Safety Plan shall include documented ‘Method Statements’ as required by the Construction Regulations2014, detailing the key activities to be performed in order to reduce as far as practicable, the hazards identified in the Risk Assessment.
1.5The health and safety of the most valuable assets of the University of South Africa is a high priority. These are its human resource, including students, visitors and Contractors as well as the physical assets of which it is the custodian and may also include the general public. The responsibilities that the University of South Africa and relevant stakeholders have toward its employees and other people present in the facilities or on the sites are captured further in this specification document. These responsibilities stem from both moral, civil and a variety of legal obligations. The Principal Contractor is to take due cognizance of the above statement.
1.6Every effort has been made to ensure that this specification document is accurate and adequate in all respects. Should it however, contain any errors or omissions they may not be considered as grounds for claims under the contract for additional reimbursement or extension of time, or relieve the Principal Contractor from his responsibilities and accountability in respect of the project to which this specification document pertains. Any such inaccuracies, inconsistencies and/or inadequacies must immediately be brought to the attention of the Agent and/or Client.
2.SCOPE OF HEALTH AND SAFETY SPECIFICATION DOCUMENT
2.1The Health and Safety Specification pertaining to the project, as referred to in the tender documentation– (see paragraph 8),covers the subjects contained in the index and is intended to outline the normal as well as any special requirements of the University of South Africa pertaining to the health and safety matters (including the environment) applicable to the project in question. These Specifications should be read in conjunction with the Act, the Construction Regulations 2014 as amended and all other Regulations and Safety Standards incorporated into the Act.
3.PURPOSE
3.1The University of South Africa is obligated to implement measures to ensure the health and safety
of all people and properties affected under its custodianship or contractual commitments, and is further obligated to monitor that these measures are structured and applied according to the requirements of these Health and Safety Specification.(All references to the singular shall also be regarded as references to the plural.)
3.2The purpose of this specificationdocument is to:-
3.2.1provide the appointed Principal Contractorand his/herContractors with any information other than the standard conditions pertaining to construction sites which might affect the health and safety of persons at work and the health and safety of persons in connection with the use of plant and machinery; and to protect persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work during the carrying out of construction work for the University of South Africa.
3.2.2ensure that the appointed Principal Contractorand his/herContractorsare fully aware of what is expected ofthem with regard to the Act and the Regulations,including the applicable safety standards.
3.2.3inform the appointed Principal Contractorand his/herContractors that the Act in its entirety shall apply to the contract to which this specification document applies. The Construction Regulations as amended on 07 February 2014 and incorporated into the above Act by Government Notice 10113, published in Government Gazette 37305 shall apply to any person involved in construction work pertaining to this project, as will the Act.
4.DEFINITIONS
4.1For any definition related to expressions in this document please refer to the definition sections of the respective legislation.
5.MANAGEMENT AND SUPERVISION OF CONSTRUCTION WORK
(Please refer to paragraph 9)
5.1OHS Organogram
5.1.1Every Contractor must include in his or her OHS file an organogram which clearly displays the following details:
5.1.2The OHS management structure within the Contractor’s organization and on site.
5.1.3The full names and contact details of the incumbents.
5.1.4The relevant sections of the legislation pertaining to the appointments.
5.1.5The contents of the organogram and the mandatary appointments, referred to in paragraph 5.2 below, must match.
5.2Mandatory appointments
5.2.1Every Contractor must include in his/her OHS file all applicable letters of mandatory appointments, in accordance with the OHS management structure mentioned in paragraph 5.1.2 above. The letters must be filled out, signed and included in the OHS File, prior to presenting it to the Client.
5.2.2The mandatory appointments and the contents of the organogram, referred to in paragraph 5.1 above, must match.
6.COMMUNICATION
6.1OHScommunication between all parties involved in the project will be via the Principal Agent or Project Manager in writing (E-mail).
6.2OHS communication on site will be directly through the Principal Agent/Project Manager/Site Manager or Site Supervisor and followed up in writing, via E-mail where necessary.
6.3The Principal Agent or Project Managerwill be responsible for the dissemination of all relevant OHS information to all other parties involved in the project.
7.RESPONSIBILITIES
7.1Client
7.1.1The Clientor his appointed Agent on his behalfwill appoint eachPrincipal Contractor for the project or phase/section of the project in writing in compliance with the Construction Regulations2014.
7.1.2The Client or his appointed Agent on his behalf shalldiscuss and negotiate with the Principal Contractorthe contents of the health and safety plan of both the Principal Contractor and Contractor for approval.
7.1.3The Client or his appointed Agent on his behalf will take reasonable steps to ensure that the health and safety plan of both the Principal Contractor and Contractor is implemented and maintained. The steps taken will include periodic audits at intervals of at least once every month.
7.1.4The Client or his appointed Agent on his behalf will prevent the Principal Contractor and/or the Contractor from commencing or continuing with construction work should the Principal Contractorand/or the Contractor at any stage in the execution of the works be found to:
a)have failed to have complied with any of the administrative measures required by the Construction Regulations 2014 in preparation for the construction project or any physical preparations necessary in terms of the Act;
b)have failed to implement or maintain their health and safety plan;
c)have executed construction work which is not in accordance with their health and safety plan; or
d)act in any way which may pose a threat to the health and safety of any personpresent on the site of the works or in its vicinity, irrespective of him/her being employed or legitimately on the site of the works or in its vicinity. Whereconstruction work has been stopped due to failure to comply with the requirements of 7.1.4 (a); (b); (c) & (d) the client may impose penalties for the delays due to construction stoppage.
7.2Principal Contractor
7.2.1The Principal Contractor shall accept the appointment under the terms and conditions of contract. The Principal Contractor shall sign and agree to those terms and conditions and shall, before commencing work, notify the Department of Labour of the intended construction work in terms of Regulation 4 of the Construction Regulations 2014, in a form similar to Annexure 2. The completed and signed “Notification of Construction Work” form shall be submitted, 7 days prior to commencement of construction work, to the Provincial Director of the Department of Labour, where the construction site is located. A copy of the Annexure 2 form and acknowledgement of receipt from the Department of Labour shall be kept in the Health and Safety File.
7.2.2The Principal Contractor shall ensure that he is fully conversant with the requirements of this Specification and all relevant health and safety legislation. This Specification is not intended to supersede the Act nor the Construction Regulations 2014 or any part of either. Those sections of the Act and the Construction Regulations 2014 which apply to the scope of works to be performed by the Principal Contractor in terms of this contract (entirely or in part) will continue to be legally required of the Principal Contractor to comply with. The Principal Contractor will in no manner or means be absolved from the responsibility to comply with all applicable sections of the Act, the Construction Regulations 2014 or any other Regulations proclaimed under the Act or which may perceivablybe applicable to this contract.
7.2.3The Principal Contractor shall provide and demonstrate to the Client a suitable and sufficiently documented health and safety plan based on this Specification, the Act and the Construction Regulations 2014, which shall be applied from the date of commencement of and for the duration of execution of the works. This plan shall, as appendices, include the health and safety plans of all Sub-contractors for which he has to take responsibility in terms of this contract.
7.2.4The Principal Contractor shall provide proof of his registration and good standing with the Compensation Fund or with a licensed compensation insurer prior to commencement of the works and a copy of the letter of good standing shall be attached in the Health and Safety File.
7.2.5The PotentialPrincipal Contractor shall, in submitting his tender, demonstrate that he has made provision for the cost of compliance with the specified health and safety requirements, the Act and the Construction Regulations 2014.
7.2.6The Principal Contractor shall consistently demonstrate his competence and the adequacy of his resources to perform the duties imposed on the Principal Contractor in terms of this Specification, the Act and the Construction Regulations 2014.
7.2.7The Principal Contractor shall ensure that a copy of his health and safety plan is available on site and is presented upon request to the Client, an Inspector, Employee or Sub-contractor.
7.2.8The Principal Contractor shall ensure that a Health and Safety File, which shall include all documentation required in terms of the provisions of this Specification, the Act and the Construction Regulations 2014, is opened and kept on site and made available to the Client or Inspector upon request. Upon completion of the works, the Principal Contractor shall hand over a consolidated Health and Safety File to the Client.
7.2.9The Principal Contractor shall, throughout execution of the contract, ensure that all conditions imposed on his Sub-contractors in terms of the Act and the Construction Regulations 2014 are complied with as if they were the Principal Contractor.
7.2.10The Principal Contractor shall from time to time evaluate the relevance of the health and safety plan and revise the same as required, following which revised plan shall be submitted to the Client and/or his/her Agent for approval.
7.3Contractors
7.3.1Responsibilities of all Contractors appointed by the Client or the Principal Contractorin terms of this contract and health and safety specification, is as per 7.2 above, as and where applicable or as indicated in the letter of appointment.
8.SCOPE OF WORKS(also refer to paragraph 2)
8.1These specifications are applicable to the specific scope of works pertaining to the above-mentioned project as detailed in the tender documents.
8.2Special Notes to Contractors
8.2.1If at any time, after commencement of the project, changes are brought about to the design or construction the OHS Office of the Client must, immediately, be informed thereof.
9.HEALTH AND SAFETY FILE
(Please refer to paragraph 5)
9.1The Principal Contractor must, in terms of Construction Regulation 7(1) (b), keep an occupational health and safety file on site at all times that must include all documentation required in terms of the Act and Regulations.
9.2The occupational health and safety file must be compiled for the project and presented to the Client prior to the commencement of any work on site.
9.3Some basic items that need to be in the file are listed below, and are meant to serve as a GUIDELINE for the compilation of the OHS File. The OHS File must contain all the information as indicated below as well as any additional information relevant to this project.The final content of the OHS File will be determined by the Scope of Works of this Project.
9.4The OHS File must include:
9.4.1A list of all Contractors on site that are accountable to the Principal Contractor;
9.4.2The mandatary agreements between the parties;
9.4.3A clear description of the scope of works.
9.4.4An organogram clearly displaying the following details:
9.4.4.1The OHS management structure within the Contractor’s organization and on site.
9.4.4.2The full names of the incumbents;
9.4.4.3The relevant sections of the legislation.
9.4.5The contents of the organogram (paragraph 9.4.4) and the mandatary appointments (paragraph 9.4.6) must match.
9.4.6All applicable letters of mandatary appointment,in accordance with the OHS management structurereferred to in paragraph 9.4.4.1 above, must be filled out, signed and included in the OHS File,prior to presenting it to the Client. The above submission must include a brief CV demonstrating the required competence of the appointed incumbents.
9.4.6.1The mandatary appointments (paragraph 9.4.6) and the contents of the organogram(paragraph 9.4.4) must match.
9.4.7An original copy of a valid LETTER OF GOOD STANDING with the Compensation Commissioner/FEMA.
9.4.8A HEALTH AND SAFETY PLAN (In accordance with the Client’s OHS Specifications),RISK ASSESSMENTS AND WRITTEN SAFE WORK PROCEDURESdetailing the relevant tasks to be performed and the appropriate PRECAUTIONARY MEASURES that will be applied.
9.4.8.1SPECIAL ATTENTION MUST BE GIVEN TO THE DELIVERY OF MATERIAL/EQUIPMENT AND THE MANAGEMENT OF WASTE PRODUCTS in the interest of health and safety.
9.4.9A list of labour on site, kept updated at all times.
9.4.10Certificates of competence.
9.4.11A valid MEDICAL CERTIFICATE OF FITNESS for every employee, who will be deployed on site, specific to the construction work to be performed and issued by an OCCUPATIONAL HEALTH PRACTITIONER in the form of ANNEXURE 3.
9.4.12A register of all TOOLS AND EQUIPMENT that will be utilized on site.
9.4.12.1The register must indicate that all items recorded on it have been inspected by a competent person appointed by the Contractor in writing and declared safe for use.
9.4.12.2The register must indicate that all persons listed on it, have been issued with the indicated items and have received information on the correct use, care, storage and repair/replacement of the issued items.
9.4.12.3The register must display the names of the recipients and signatures of acknowledgement of the above goods and information.
9.4.13A register of all the PERSONAL PROTECTIVE EQUIPMENT (PPE) that will be utilized on site.
9.4.13.1The register must indicate that all items recorded on it have been inspected and declared safe for use by a competent person appointed by the Contractor in writing.
9.4.13.2The register must indicate that all persons listed on it, have been issued with the indicated items and have received information on the correct use, care, storage and repair/replacement of the issued items.