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Nov 11 Construction Regulations Slide

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    CONSTRUCTION REGULATIONS, 2003

    The Minister of Labour has under section 43 of the

    Occupational Health and Safety Act, 1993 (Act No. 85 of 1993),after consultation with the Advisory Council for OccupationalHealth and Safety, made the regulations in the Schedule.

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    To who does the regulation apply?

    1. These Regulations, shall apply to any persons involved in

    construction work.

    1. A client who is building a single storey domestic buildingand is going to reside in such dwelling upon completionthereof does not need to prepare a safety specification for thework to be done.

    Section 3 N/A anymore

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    Notification of construction work

    3.(1) A principal contractor who intends to carry out anyconstruction work shall

    (a)before carrying out work that, notify the provincialdirector in writing of the construction work if it includes

    i. the demolition of a structure or fixed plant exceedinga height of 3 meters; or

    i. the use of explosives to perform construction work;

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    2. The notification to the provincial director must be done onthe form similar to Annexure A to these regulations.

    1. A principal contractor shall ensure that a copy of thecompleted form is kept on site for inspection by an inspector,client, clients agent or employee.

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    Client

    4. (1) A client shall be responsible for the following in order to

    ensure compliance with the provisions of the Act

    a. to prepare a documented health and safety specificationfor the construction work, and provide any principalcontractor who is making a bid or appointed to performconstruction work for the client with the same;

    a. to promptly provide the principal contractor and his orher agent with any information which might affect the

    health and safety of any person at work carrying outconstruction work;

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    c. to appoint each principal contractor in writing for theproject or part thereof on a construction site;

    a. to take reasonable steps to ensure that each principalcontractors health and safety plan is implemented andmaintained on the construction site:

    Provided that the steps taken, shall include periodic auditsat intervals mutually agreed upon between the client andprincipal contractor, but at least once every month;

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    (e)to stop any contractor from executing construction workwhich is not in accordance with the principal contractorshealth and safety plan for the site or which poses to be a

    threat to the health and safety of persons;

    (I)to ensure that where changes are brought about,sufficient health and safety information and appropriateresources are made available to the principal contractor

    to execute the work safely;

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    g. to ensure that every principal contractor is registeredand in good standing with the compensation fund or with

    a licensed compensation insurer prior to workcommencing on site; and

    a. to ensure that potential principal contractors submittingtenders, have made provision for the cost of health and

    safety measures during the construction process.

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    (2) A client shall discuss and negotiate with the principalcontractor the contents of the health and safety plan andthereafter finally approve the health and safety plan for

    implementation.

    3. A client shall ensure that a copy of the principalcontractors health and safety plan is available on request to anemployee, inspector or contractor.

    1. No client shall appoint a principal contractor to performconstruction work, unless the client is reasonably satisfied thatthe principal contractor that he or she intends to appoint has

    the necessary competencies and resources to carry out thework safely.

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    A client may appoint an agent in writing to act as his orher representative and where such an appointment ismade, the responsibilities as are imposed by these

    regulations upon a client, shall as far as reasonablypracticable apply to the person so appointed.

    No client shall appoint any person as his agent, unlessthe client is reasonably satisfied that the person he or sheintends to appoint has the necessary competencies andresources to perform the duties imposed on a client bythese regulations.

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    Principal Contractor and Contractor

    1. A principal contractor shall provide and demonstrate to the

    client a suitable and sufficiently documented health and safetyplan, based on the clients documented health and safetyspecification, which shall be applied from the date ofcommencement of and for the duration of the construction

    work.

    1. A principal contractor shall take reasonable steps as far asis necessary to ensure co-operation between all contractors toenable each of those contractors to comply with the provisionsof these regulations.

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    (3) A principal contractor shall be responsible for thefollowing in order to ensure compliance with the provisions ofthe Act

    (a)to provide any contractor who is making a bid orappointed to perform construction work for the principalcontractor, with the relevant sections of the documentedhealth and safety specification pertaining to the

    construction work which has to be performed;

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    f. to ensure that every contractor is registered and in goodstanding with the compensation fund or with a licensedcompensation insurer prior to work commencing on site;

    and

    a. to ensure that potential contractors submitting tendershave made provision for the cost of health and safetymeasures during the construction process.

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    (4) A contractor shall provide and demonstrate to the principalcontractor a suitable and sufficiently documented health andsafety plan, based on the relevant sections of the principal

    contactors health and safety specification provided by the

    principal contractor, which plan shall be applied from the dateof commencement of and for the duration of the construction

    work.

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    5. A principal contractor shall discuss and negotiate withthe contractor the contents of the health and safety plan, andshall finally approve that plan for implementation.

    1. A principal contractor shall ensure that a copy of his orher health and safety plan ,as well as the contractors healthand safety plan, is available on request to an employee,inspector, contractor, client or clients agent.

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    (7) Every contractor shall ensure that a health and safety file,which shall include all documentation required is opened andkept on site and made available to an inspector, client or

    principal contractor upon request.

    (8) A principal contractor shall hand over a consolidatedhealth and safety file to the client upon completion of theconstruction work and shall, in addition to the documentation

    referred to in sub regulation (7), include a record of alldrawings, designs, materials used and other similarinformation concerning the completed structure.

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    (9) A principal contractor shall ensure that in addition to thedocumentation required in the health and safety file,

    a comprehensive and updated list of all the contractors onsite,

    the agreements between the parties and

    the type of work being done

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    10. No principal contractor shall appoint a contractor toperform construction work unless the principal contractor is

    reasonably satisfied that the contractor he or she intends toappoint, has the necessary competencies and resources toperform the construction work safely.

    1. Where a contractor appoints another contractor to

    perform construction work, the responsibilities that apply tothe principal contractor shall apply to the contractor as if he orshe were the principal contractor.

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    (12) No contractor shall appoint another contractor to performconstruction work unless he or she is reasonably satisfied thatthe contractor he or she intends to appoint, has the necessary

    competencies and resources to perform the construction worksafely.

    (13) Contractors shall co-operate with the principal contractoras far as is necessary to enable each of them to comply with

    the provisions of the Act.

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    (14) Every contractor shall as far as is reasonably practicable,promptly provide the principal contractor with any informationwhich might affect the health and safety of any person at work

    carrying out construction work or any person who might beaffected by the work of such a person at work or which mightjustify a review of the health and safety plan.

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    Supervision of construction work

    1. Every contractor shall appoint a full-time competentemployee designated in writing as the construction supervisor,

    with the duty of supervising the performance of theconstruction work.

    1. The contractor may in writing appoint one or more

    competent employees to assist the appointed constructionsupervisor, who will have the same duties as the constructionsupervisor:

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    This appointment shall not relieve the construction supervisorof any personal accountability for failing in his supervisoryduties referred to in terms of this regulation.

    (3) Where the contractor has not appointed an employee asreferred to sub regulation (2), or, in the opinion of an inspector,not a sufficient number of such employees, that inspector mayrequire the employer to appoint the number of employees

    indicated by the inspector, and the provisions of sub regulation(2) shall apply in respect of those employees as if they had inthe first instance been appointed under sub regulation (2).

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    (6) A contractor shall upon having considered the size of theproject, the degree of dangers likely to be encountered or theaccumulation of hazards or risks on the site, appoint a full-time

    or part-time construction safety officer in writing to assist inthe control of all safety related aspects on the site: Providedthat, where the question arises as to whether a constructionsafety officer is necessary, the decision of an inspector shall bedecisive.

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    (7) The appointed construction safety officer as shall as far asis reasonably practicable be utilised to give input at the earlydesign stage and where not appointed at this stage, he or she

    shall be given the opportunity to input into the health andsafety plan when wanting to do so, and a record of such shallbe kept in the health and safety file.

    (8) No contractor shall appoint a construction safety officer to

    assist in the control of safety related aspects on the site unlesshe or she is reasonably satisfied that the construction safetyofficer he or she intends to appoint, has the necessarycompetencies and resources to assist the contractor.

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    Risk assessment

    (1) Every contractor performing construction work shall beforethe commencement of any construction work and duringconstruction work, cause a risk assessment to be performed bya competent person appointed in writing and the riskassessment shall form part of the health and safety plan to beapplied on the site and shall include at least

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    2. A contractor shall ensure that a copy of the riskassessment is available on site for inspection by an inspector,client, clients agent, contractor, employee, representative tradeunion, health and safety representative or any member of thehealth and safety committee.

    1. Every contractor shall consult with the health and safetycommittee or, if no health and safety committee exists, with arepresentative group of employees, on the development,monitoring and review of the risk assessment.

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    (4) A contractor shall ensure that all employees under the his orher control are informed, instructed and trained by a competentperson regarding any hazard and the related work procedures

    before any work commences, and thereafter at such times asmay be determined in the risk assessment.

    (5) A principal contractor shall ensure that all contractors areinformed regarding any hazard as stipulated in the risk

    assessment before any work commences, and thereafter atsuch times as may be determined in the risk assessment.

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    5. A contractor shall ensure that as far as is reasonablypracticable, ergonomic related hazards are analysed,evaluated and addressed in the risk assessment.

    1. No contractor shall allow or permit any employee to enterany site, unless such person has undergone health and safetyinduction training pertaining to the hazards prevalent on thesite at the time of entry.

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    (5) A contractor shall ensure that all visitors to aconstruction site undergoes health and safety instructionpertaining to the hazards prevalent on the site and shall be

    provided with the necessary personal protective equipment:Provided that where visits are made only to the site officewhich is not in direct contact with the construction workactivities, those health and safety instructions and theprovision of personal protective equipment may not apply.

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    (6) Every employee on site shall

    a. be in possession of proof of the health and safetyinduction training prior to the commencement ofconstruction work; and

    a. carry the proof of induction on person.

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    (2) The fall protection plan shall include

    Fall protection

    8.(1) A contractor shall cause

    a. the designation of a competent person, responsible for

    the preparation of a fall protection plan;

    a. the fall protection plan to be implemented, amendedwhere and when necessary and maintained as required;

    a. steps to be taken in order to ensure the continuedadherence to the fall protection plan.

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    (2) The fall protection plan shall include

    (a)a risk assessment of all work carried out from anelevated position which shall include the procedures andmethods used to address all the risks identified perlocation;

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    (2) The fall protection plan shall include

    b. the processes for evaluation of the employees physicaland psychological fitness necessary to work at elevatedpositions and the records thereof;

    a. the program for the training of employees working fromelevated positions and records thereof; and

    a. the procedure addressing the inspection, testing andmaintenance of all fall protection equipment.

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    3. A contractor shall ensure that the construction supervisoris in possession of the most recently updated version of the fallprotection plan.

    1. The contractor shall ensure that

    (a)all unprotected openings in floors, edges, slabs,hatchways and stairways are adequately guarded, fenced

    or barricaded or that similar means are used tosafeguard any person from falling through suchopenings;

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    (d)fall prevention and fall arrest equipment is

    b. no person works in an elevated position, unless suchwork is performed safely as if working from a scaffold orladder;

    a. notices are conspicuously placed at all openings wherethe possibility exists that a person might fall through

    such openings;

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    (d)fall prevention and fall arrest equipment is

    i. suitable and of sufficient strength for the purpose orpurposes for which it is being used having regard tothe work being carried out and the load, including anyperson, it is intended to bear; and

    i. securely attached to a structure or plant and thestructure or plant and the means of attachmentthereto is suitable and of sufficient strength andstability for the purpose of safely supporting theequipment and any person who is liable to fall;

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    (d)fall prevention and fall arrest equipment is

    e. fall arrest equipment shall only be used where it is notreasonably practicable to use fall prevention equipment;

    and

    a. suitable and sufficient steps shall be taken to ensure,as far as is reasonably practicable, that in the event of a

    fall by any person, the fall arrest equipment or thesurrounding environment does not cause injury to theperson.

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    (5) Where roof work is being performed on a construction site,the contractor shall ensure that;

    a. that the roof work has been properly planned;

    b. that the roof erectors are competent to carry out the work;

    c. that no employees are permitted to work on roofs duringinclement weather conditions or if weather conditions area hazard to the health and safety of the employees;

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    d. that prominent warning notices are to be placed where allcovers to openings are not of sufficient strength to

    withstand any imposed loads and where fragile materialexists;

    a. hazardous areas are to be barricaded off to preventpersons from entering;

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    f. that suitable and sufficient platforms, coverings or othersimilar means of support have been provided to be usedin such a way that the weight of any person passing

    across or working on or from fragile material is supported;and

    a. that there is suitable and sufficient guard-rails or barriersand toe-boards or other similar means of protection to

    prevent, so far as is reasonably practicable, the fall of anyperson, material or equipment.

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    Structures

    (1) A contractor shall ensure that

    a. all reasonably practicable steps are taken to prevent theuncontrolled collapse of any new or existing structure orany part thereof, which may become unstable or is in atemporary state of weakness or instability due to the

    carrying out of construction work; and

    a. no structure or part of a structure is loaded in a mannerwhich would render it unsafe.

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    (2) The designer of a structure shall

    (a)before the contract is put out to tender, make available to

    the client all relevant information about the design of therelevant structure that may affect the pricing of theconstruction work;

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    (b)inform the contractor in writing of any known oranticipated dangers or hazards relating to theconstruction work, and make available all relevant

    information required for the safe execution of the workupon being designed or when the design is subsequentlyaltered;

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    (c)Ensure that the following information is included in areport and made available to the contractor

    i. a geo-science technical report where appropriate;

    ii. the loading the structure is designed to

    withstand; and

    (iii)the methods and sequence of construction.

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    d. not include anything in the design of the structurenecessitating the use of dangerous procedures ormaterials hazardous to the health and safety of persons,which could be avoided by modifying the design or bysubstituting materials;

    a. take into account the hazards relating to any subsequentmaintenance of the relevant structure and should make

    provision in the design for that work to be performed tominimise the risk;

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    f. carry out sufficient inspections at appropriate times ofthe construction work involving the design of therelevant structure in order to ensure compliance with thedesign and a record of those inspections is to be kept onsite;

    a. stop any contractor from executing any constructionwork which is not in accordance with the relevant

    design;

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    h. conduct a final inspection of the completed structure priorto its commissioning in order to render it safe for use andissue a completion certificate to the contractor; and

    a. ensure that when preparing the design, cognisance istaken of ergonomic design principles in order to minimiseergonomic related hazards in all phases of the life cycle ofa structure.

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    3. A contractor shall ensure that all drawings pertaining to thedesign of the relevant structure are kept on site and areavailable on request by an inspector, contractors, client,clients agent or employee.

    1. Any owner of a structure shall ensure that inspections ofthat structure upon completion are carried out periodically bycompetent persons in order to render the structure safe for

    continued use: Provided that the inspections are carried out atleast once every six months for the first two years andthereafter yearly and records of such inspections are kept andmade available to an inspector upon request.

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    Formwork and support work

    10. A contractor shall ensure that

    a. all formwork and support work operations are carried outunder the supervision of a competent person who hasbeen appointed in writing for that purpose;

    a. all formwork and support work structures are adequatelydesigned, erected, supported, braced and maintained sothat they will be capable of supporting all anticipatedvertical and lateral loads that may be applied to them andalso that no loads are imposed onto the structure that the

    structure is not designed to withstand;

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    c. the designs of formwork and support work structures aredone upon close reference to the structural designdrawings and where any uncertainty exists, the structuraldesigner should be consulted;

    a. all drawings pertaining to the design of formwork orsupport work structures are kept on the site and areavailable on request by an inspector, contractor, client,

    clients agent or employee;

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    e. all equipment used in the formwork or support workstructure are carefully examined and checked forsuitability by a competent person, before being used;

    a. all formwork and support work structures are inspectedby a competent person immediately before, during andafter the placement of concrete or any other imposed loadand thereafter on a daily basis until the formwork and

    support work structure has been removed and the resultshave been recorded in a register and made available onsite;

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    (g)if, after erection, any formwork and support workstructure is found to be damaged or weakened to such adegree that its integrity is affected, it shall be safelyremoved or reinforced immediately;

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    i. as far as is reasonably practicable, the health of anyperson is not affected through the use of solvents or oilsor any other similar substances;

    a. upon casting concrete, the support work or formworkstructure should be left in place until the concrete hasacquired sufficient strength to support safely, not only itsown weight, but also any imposed loads and not removed

    until authorisation has been given by the competentperson contemplated in paragraph (a);

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    k. provision is made for safe access by means of securedladders or staircases for all work to be carried out abovethe foundation bearing level;

    a. all employees required to erect, move or dismantleformwork and support work structures are provided withadequate training and instruction to perform theseoperations safely; and

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    (m)the foundation conditions are suitable to withstand theweight caused by the formwork and support workstructure and any imposed loads such that the formworkand support work structure is stable.

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    Excavation work

    11.(1) A contractor shall ensure that all excavation work iscarried out under the supervision of a competent person who

    has been appointed in writing.

    (2) A contractor shall evaluate, as far as is reasonablypracticable, the stability of the ground before excavation workbegins.

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    (3) Every contractor who performs excavation work shall

    (a)take suitable and sufficient steps in order to prevent, as

    far as is reasonably practicable, any person from beingburried or trapped by a fall or dislodgement of material inan excavation;

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    (b)not require or permit any person to work in anexcavation which has not been adequately shored orbraced: Provided that shoring and bracing may not benecessary where

    (i)the sides of the excavation are sloped to at least themaximum angle of repose measured relative to thehorizontal plane; or

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    (ii)such an excavation is in stable material: Provided that

    (aa)permission being given in writing by the

    appointed competent person upon evaluation byhim or her of the site conditions; and

    (bb)where any uncertainty pertaining to the stability

    of the soil still exists, the decision from aprofessional engineer or a professionaltechnologist competent in excavations shall bedecisive and such a decision shall be noted inwriting and signed by both the competent person

    contemplated in sub regulation (1) and theprofessional engineer or technologist, as the casemay be;

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    c. take steps to ensure that the shoring or bracing isdesigned and constructed in such a manner rendering itstrong enough to support the sides of the excavation inquestion;

    a. ensure that no load, material, plant or equipment isplaced or moved near the edge of any excavation whereit is likely to cause its collapse and thereby endangering

    the safety of, any person, unless precautions such asthe provision of sufficient and suitable shoring orbracing are taken to prevent the sides from collapsing;

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    e. ensure that where the stability of an adjoining building,structure or road is likely to be affected by the making ofan excavation, the steps are taken that may benecessary to ensure the stability of such building,structure or road and the safety of persons;

    a. cause convenient and safe means of access to beprovided to every excavation in which persons are

    required to work and such access shall not be furtherthan 6m from the point where any worker within theexcavation is working;

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    (g)ascertain as far as is reasonably practicable thelocation and nature of electricity, water, gas or othersimilar services which may in any way be affected by thework to be performed, and shall before thecommencement of excavation work that may affect anysuch service, take the steps that may be necessary torender the circumstances safe for all persons involved;

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    (h)cause every excavation, including all bracing andshoring, to be inspected

    i. daily, prior to each shift;

    ii. after every blasting operation;

    iii. after an unexpected fall of ground;

    iv. after substantial damage to supports; and

    v. after rain,

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    by the competent person in order to pronounce thesafety of the excavation to ensure the safety of persons,and those results are to be recorded in a register kept onsite and made available to an inspector, client, clientsagent, contractor or employee upon request;

    (I) i hi h i ibl h bli

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    (I)cause every excavation which is accessible to the publicor which is adjacent to public roads or thoroughfares, orwhereby the safety of persons may be endangered, to be

    (I)adequately protected by a barrier or fence of at leastone metre in height and as close to the excavation asis practicable; and

    (ii) id d i h i ill i h l l

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    (ii)provided with warning illuminants or any other clearlyvisible boundary indicators at night or when visibility

    is poor;

    k th t h th ti k i l th

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    k. ensure that, where the excavation work involves the useof explosives, a method statement is developed inaccordance with the applicable explosives legislation, byan appointed person who is competent in the use ofexplosives for excavation work and that the procedurestherein are followed; and

    a. cause warning signs to be positioned next to an

    excavation within which persons are working or carryingout inspections or tests.

    Demolition work

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    Demolition work

    12.(1) A contractor shall appoint a competent person in writingto supervise and control all demolition work on site.

    (2) A contractor shall ensure that prior to any demolitionwork being carried out, and in order also to ascertain themethod of demolition to be used, a detailed structural

    engineering survey of the structure to be demolished is carriedout by a competent person and that a method statement on the

    procedure to be followed in demolishing the structure isdeveloped.

    3 D i th d liti t t h ll h k

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    3. During the demolition, a competent person shall checkthe structural integrity of the structure at intervals determined

    in the method statement, in order to avoid any prematurecollapses.

    1. Every contractor who performs demolition work shall

    (a)with regard to a structure being demolished, take stepsto ensure that

    i fl f th t f th t t i

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    i. no floor, roof or other part of the structure isoverloaded with debris or material in a manner which

    would render it unsafe;

    i. all reasonably practicable precautions are taken toavoid the danger of the structure collapsing whenany part of the framing of a framed or partly framedbuilding is removed, or when reinforced concrete is

    cut; and

    (iii) precautions are taken in the form of adequate

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    (iii)precautions are taken in the form of adequateshoring or such other means as may be necessary toprevent the accidental collapse of any part of thestructure or adjoining structure;

    (b)not require or permit any person to work underunsupported overhanging material, which has not beenadequately supported, shored or braced;

    c take steps to ensure that any support shoring or

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    c. take steps to ensure that any support, shoring orbracing is designed and constructed so that it is strongenough to support the overhanging material;

    a. where the stability of an adjoining building, structure orroad is likely to be affected by demolition work on astructure, take such steps as may be necessary toensure the stability of such structure or road and the

    safety of persons;

    (e) ascertain as far as is reasonably practicable the location

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    (e) ascertain as far as is reasonably practicable the locationand nature of electricity, water, gas or other similarservices which may in anyway, be affected by the workto be performed, and shall before the commencement of

    demolition work that may affect any such service, takethe steps that may be necessary to rendercircumstances safe for all persons involved;

    f cause every stairwell used and every floor where work is

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    f. cause every stairwell used and every floor where work isbeing performed in a building being demolished, to beadequately illuminated by either natural or artificialmeans;

    a. cause convenient and safe means of access to beprovided to every part of the demolition site in whichpersons are required to work; and

    (h) erect a catch platform or net above an entrance or

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    (h)erect a catch platform or net above an entrance orpassageway or above a place where persons work orpass under, or fence off the danger area if work is beingperformed above such entrance, passageway, or place

    so as to ensure that all persons are kept safe wherethere is a danger or possibility of persons being struckby falling objects.

    (5) A contractor shall ensure that no material is dropped toany point, which falls outside the exterior walls of thestructure, unless the area is effectively protected.

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    d where necessary is fitted with a gate at the bottom end

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    d. where necessary, is fitted with a gate at the bottom endto control the flow of material; and

    a. is discharged into a container or an enclosed areasurrounded by barriers.

    7 A contractor shall ensure that every chute used to dispose

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    7. A contractor shall ensure that every chute used to disposeof rubble is designed in such a manner that rubble does notfree-fall and that the chute is strong enough to withstand theforce of the debris travelling along the chute.

    1. A contractor shall ensure that equipment is not used onfloors or working surfaces, unless such floors or surfaces areof sufficient strength to support the imposed loads.

    9 Where the risk assessment indicates the presence of

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    9. Where the risk assessment indicates the presence ofasbestos, a contractor shall ensure that all asbestos relatedwork is conducted in accordance with the provisions of the,Asbestos Regulations promulgated by Government Notice

    No.R.155 of 10 February 2002, as amended.

    1. Where the risk assessment indicates the presence oflead, a contractor shall ensure that all lead related work is

    conducted in accordance with the provisions of the, LeadRegulations promulgated by Government Notice No.R.236 of 28February 2002 , as amended.

    11 Where the demolition work involves the use of

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    11. Where the demolition work involves the use ofexplosives, a method statement is to be developed inaccordance with the applicable explosives legislation, by anappointed person who is competent in the use of explosives for

    demolition work and the procedures therein are adhered to.

    1. A contractor shall ensure that all waste and debris is assoon as reasonably practicable removed and disposed of from

    the site in accordance with the applicable legislation.

    Tunnelling

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    Tunnelling

    (1) Any contractor performing tunneling activities or works,shall comply with such requirements as published under the

    Mine Health and Safety Act, 1996 (Act No.29 of 1996), asamended.

    (2) Notwithstanding the provisions of sub regulation (1), no

    person shall enter a tunnel, which has a height dimension lessthan 800mm.

    Scaffolding

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    Scaffolding

    (1) Every contractor using access scaffolding, shall ensurethat such scaffolding, when used, complies with the safety

    standards incorporated for this purpose into these Regulationsunder section 44 of the Act.

    (2) A contractor shall ensure that all scaffolding work

    operations are carried out under the supervision of acompetent person who has been appointed in writing and thatall scaffold erectors, team leaders and inspectors arecompetent to carry out their work.

    Suspended platforms

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    Suspended platforms

    (1) A contractor shall ensure that all suspended platform workoperations are carried out under the supervision of a

    competent person who has been appointed in writing, and thatall suspended platform erectors, operators and inspectors arecompetent to carry out their work.

    (2) No contractor shall use or permit the use of a suspended

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    (2) No contractor shall use or permit the use of a suspendedplatform, unless

    a. the design, stability and construction thereof complywith the safety standards incorporated for this purposeinto these Regulations under section 44 of the Act;

    a. in possession of a certificate of system design issued bya professional engineer, certificated engineer or aprofessional technologist for the use of the suspendedplatform system; and

    (c) he or she is, prior to the commencement of the work, is

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    (c)he or she is, prior to the commencement of the work, isin possession of an operational compliance plandeveloped by a competent person based on thecertificate of system design and applicable to the

    environment in which the system is being used, prior tothe commencement of the work which must include

    proof of the

    i. competent person who has been appointed forsupervision;

    i. competency of erectors, operators and inspectors;

    (iii)operational design calculations which should comply

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    (iii)operational design calculations which should complywith the requirements of the system designcertificate;

    (iv)performance test results;

    (v)sketches indicating the completed system with the

    operational loading capacity of the platform;

    (vi)procedures for and records of inspections having

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    (vi)procedures for and records of inspections havingbeen carried out; and

    (vii)procedures for and records of maintenance work

    having been carried out:

    (3) A contractor making use of a suspended platform system

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    (3) co t acto a g use o a suspe ded p at o systeshall forward a copy of the certificate of system design issuedby a professional engineer, certificated engineer orprofessional technologist including a copy of the design

    calculations, sketches and test results, to the provincialdirector before commencement of the use of the system andmust further indicate the intended type of work, the systemwould be used for.

    (4) A contractor need not re-submit a copy of the certificate of

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    ( ) pysystem design for every new project: Provided that theenvironment in which the system is being used does notchange to such an extent that the system design certificate is

    no longer applicable and, should uncertainty exist of theapplicability of the system design certificate, the decision of aprofessional engineer, certificated engineer or professionaltechnologist shall be decisive.

    (5) A contractor shall ensure that the outriggers of each

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    ( ) ggsuspended platform

    a. are constructed of steel or any other material of similarstrength and have a safety factor of at least four inrelation to the load it is to carry; and

    a. have suspension points provided with stop devices orother effective devices at the outer ends to prevent thedisplacement of ropes.

    (6) The contractor shall ensure that

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    ( )

    (a)the parts of the building or structure on which the

    outriggers are supported, are checked by means ofcalculations to ensure that the required safety factor isadhered to without risk of damage to the building orstructure;

    b. the suspension wire rope and the safety wire rope are

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    p p y pseparately connected to the outrigger;

    a. each person on a suspended platform is provided withand wears a safety harness as a fall prevention devicewhich must at all times, be attached to the suspendedplatform or to the anchorage points on the structurewhilst on the suspended platform;

    d. the hand or power driven machinery to be used for the

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    p ylifting or lowering of the working platform of asuspended platform is constructed and maintained insuch a manner that an uncontrolled movement of the

    working platform cannot occur;

    a. the machinery is so situated that it is easily accessiblefor inspection;

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    (7) A contractor shall ensure that the suspended platform

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    ( ) p p

    (a)is suspended as near as possible to the structure to

    which work is being done and, except when light work isbeing done, is secured at every working position toprevent horizontal movement between the suspendedplatform and the structure;

    b. is fitted with anchorage points to which workers shall

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    attach the lanyard of the safety harness worn and usedby the worker and such anchorage connections shallhave sufficient strength to withstand any potential load

    applied to it; and

    a. is fitted with a conspicuous notice easily understandableby all workers working with the suspended platform,

    showing the maximum mass load which the suspendedplatform can carry.

    (8) A contractor shall cause

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    a. the whole installation and all working parts of the

    suspended platform to be thoroughly examined inaccordance with the manufacturers specification;

    a. the whole installation to be subjected to a performance

    test as determined by the standard to which thesuspended platform was manufactured;

    (c)the performance test to be done by a competent person

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    appointed in writing with the knowledge and experienceof erection and maintenance of suspended platforms orsimilar machinery and who shall determine the

    serviceability of the structures, ropes, machinery andsafety devices before they are used following every timethey are erected;

    (d)the performance test of the whole installation of the

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    suspended platform shall be subjected to a load equal tothat prescribed by the manufacturer or, in the absence ofsuch load, to a load of 110 per cent of the rated mass

    load, at intervals not exceeding 12 months and in such amanner that every part of the installation is stressedaccordingly;

    (9) The contractor shall cause every hoisting rope, hook or

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    other load-attaching device which forms part of the suspendedplatform to be thoroughly examined in accordance with themanufacturers specification by the competent person before

    they are used following every time they are assembled, and, incases of continuous use, at intervals not exceeding threemonths.

    (10) A contractor shall ensure that the suspended platformi i d i d il i i f ll h

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    supervisor appointed carries out a daily inspection of all theequipment prior to use, including establishing whether

    a. all connection bolts are secure;

    b. all safety devices are functioning;

    c. all safety devices are not tampered with or vandalised;

    d. the maximum mass load of the platform is notexceeded;

    e. the occupants in the suspended platform are usingf h hi h h b l h d

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    safety harnesses which have been properly attached;

    a. there are no visible signs of damage to the equipment;and

    (g)all reported operating problems have been attended to.

    11. A contractor shall ensure that all inspection andf t t d k t th t ti it t ll

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    performance test records are kept on the construction site at alltimes and made available to an inspector, client, clients agentor employee upon request.

    1. A contractor shall ensure that all employees required towork or to be supported on a suspended platform are

    (a)physically and psychologically fit to work safely in suchan environment by being in possession of a medicalcertificate of fitness;

    (b)competent in conducting there work safely relating tod d l tf d th t i i hi h l

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    suspended platforms and the training which employeesreceive or had received must include at least

    i. how to access and egress the suspended platformsafely;

    i. how to correctly operate the controls and safetydevices of the equipment;

    i. information on the dangers related to the misuse ofsafety devices; and

    (iv)information on the procedures to be followed in thecase of

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    case of

    (aa)an emergency;

    (bb)the malfunctioning of equipment;

    (cc)the discovery of a suspected defect in theequipment; and

    (v)instructions on the proper use of safety harnesses.

    13. Where the outrigger is to be moved, the contractor shallth t l t i d d t t t ff t h

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    ensure that only persons trained and competent to effect suchmove, perform this task and that an inspection be carried outand the results thereof be recorded by the competent person

    prior to re-use of the suspended platform.

    1. A contractor shall ensure that the suspended platform isproperly isolated after use at the end of each working day such

    that no part of the suspended platform will present a danger toany person thereafter.

    Boatswains chairs

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    (1) A contractorshall ensure that every boatswains chair orsimilar device is securely suspended and is constructed in

    such a manner so as to prevent any occupant from fallingthere- from.

    (2)The contractor shall ensure that an inspection is carried

    out prior and a performance test immediately after, theboatswain chair has been erected and thereafter a visualinspection should be carried out on a daily basis prior to use.

    Material hoists

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    1. A contractor shall ensure that every material hoist and itstower have been constructed of sound material in accordance

    with the generally accepted technical standards and are strongenough and free from defects.

    1. A contractor shall cause the tower of every material hoist to

    be

    (a)erected on firm foundations and secured to the structureor braced by steel wire guy ropes and to extend to sucha distance above the highest landing as to allow a clear

    and unobstructed space of at least 900 mm forovertravel;

    b. enclosed on all sides at the bottom, and at all floorswhere persons are at risk of being struck by moving

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    where persons are at risk of being struck by movingparts of the hoist, except on the side or sides givingaccess to the material hoist, with walls or other effective

    means to a height of at least 2100 mm from the groundor floor level; and

    a. provided with a door or gate at least 2100 mm in height

    at each landing and such door or gate shall be keptclosed, except when the platform is at rest at such alanding.

    (3) A contractor shall cause

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    (a)the platform of every material hoist to be designed in

    such a manner that it shall safely contain the loadsbeing conveyed and that the combined weight of theplatform and the load does not exceed the designedlifting capacity of the hoist;

    b. the hoisting rope of every material hoist which has aremote winch to be effectively protected from damage by

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    remote winch to be effectively protected from damage byany external cause to the portion of the hoisting ropebetween the winch and the tower of the hoist; and

    a. every material hoist to be provided with an efficientbrake capable of holding the platform with its maximumload in any position when the power is not beingsupplied to the hoisting machinery.

    4. No contractor shall require or permit trucks, barrows ormaterial to be conveyed on the platform of a material hoist and

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    material to be conveyed on the platform of a material hoist andno person shall so convey trucks, barrows or material unlesssuch articles are so secured or contained in such a manner that

    displacement thereof cannot take place during movement.

    1. A contractor shall cause a notice, indicating the maximummass load which may be carried at any one time and theprohibition of persons from riding on the platform of thematerial hoist, to be affixed around the base of the tower and ateach landing.

    6. A contractor of a material hoist shall not require or permitany person to operate such a hoist unless the person is

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    any person to operate such a hoist, unless the person iscompetent in the operation thereof.

    1. No contractor shall require or permit any person to ride ona material hoist.

    (8) A contractor shall cause every material hoist

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    a. to be inspected on a daily basis by a competent person

    who has been appointed in writing and has theexperience pertaining to the erection and maintenance ofmaterial hoists or similar machinery.

    a. inspection to include the determination of theserviceability of the entire material hoist includingguides, ropes and their connections, drums, sheaves orpulleys and all safety devices.

    c. inspection result to be entered and signed in a recordbook which shall be kept on the premises for that

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    book which shall be kept on the premises for thatpurpose.

    a. to be properly maintained and that the maintenancerecords in this regard are kept on site.

    Batch plants

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    18. supervised by a competent person who has beenappointed in writing.

    2. the placement and erection of a batch plant complies withthe requirements

    1. all devices to start and stop a batch plant are provided

    a. placed in an easily accessible position; and

    b. constructed in such a manner as to prevent accidentalstarting.

    4 ensure that the machinery and plant selected is suitable

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    4. ensure that the machinery and plant selected is suitablefor the task and that all dangerous moving parts of amixer are placed beyond the reach of persons

    1. No person shall be permitted to remove or modify anyguard or safety equipment

    (6) A contractor shall ensure that all persons authorised tooperate the batch plant are fully

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    operate the batch plant are fully

    (a)aware of all the dangers involved in the operationthereof; and

    (b)conversant with the precautionary measures to betaken in the interest of health and safety.

    7. shall only authorise persons to operate the plant, unlesssuch person is competent

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    such person is competent

    1. all precautionary measures as stipulated for confined

    spaces

    1. record is kept of any repairs or maintenance to a batchplant

    1. all lifting machines and lifting tackle used in theoperation of a batch plant complies with therequirements of the Driven Machinery Regulations

    Explosive powered tools

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    (1) No contractor shall use or permit any person to use anexplosive powered tool, unless

    (a)it is provided with a protective guard around the muzzleend, which effectively confines any flying fragments orparticles; and

    (b)the firing mechanism is so designed that the explosivepowered tool will not function unless

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    powered tool will not function unless

    i. it is held against the surface with a force of at leasttwice its weight; and

    i. the angle of inclination of the barrel to the worksurface is not more then 15 degrees from a rightangle:

    shall not apply to explosive powered tools in which the energyof the cartridge is transmitted to the bolts, nails or similar

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    of the cartridge is transmitted to the bolts, nails or similarrelevant objects by means of an intermediate piston which hasa limited distance of travel.

    (2) A contractor shall ensure that

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    a. only cartridges suited for the explosive powered tool and

    the work to be performed are used;

    a. the explosive powered tool is cleaned and examineddaily before use and as often as may be necessary for its

    safe operation by a competent person who has beenappointed;

    a. that the safety devices are in proper working order priorto use;

    d. when not in use, the explosive powered tool and thecartridges are locked up in a safe place, which is

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    cartridges are locked up in a safe place, which isinaccessible to un-authorised persons;

    a. the explosive powered tool is not stored in a loadedcondition;

    (I)a warning notice is displayed in a conspicuous mannerwherever the explosive powered tool is used;

    (g)the issuing and collection of cartridges and nails orstuds is

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    i. controlled and done in writing by a person havingbeen appointed in writing; and

    i. recorded in a register and that the recipient hasaccordingly signed for the receipt thereof as well asthe returning of any spent and unspent cartridges;

    (3) No contractor shall permit

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    a. provided with and uses suitable protective equipment;

    and

    a. trained in the operation, maintenance and use of such atool.

    Cranes

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    A contractor shall ensure that where tower cranes are used

    a. account is taken of the effects of wind forces on the

    structure;

    a. account is taken of the bearing capacity of the ground onwhich the tower crane is to stand;

    a. the bases for the tower cranes and tracks for rail-mounted

    tower cranes are firm and level;

    d. the tower cranes are erected at a safe distance fromexcavations;

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    ;

    a. there is sufficient clear space available for erection,operation and dismantling;

    f. the tower crane operators are competent to carry out thework safely; and

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    y;

    a. the tower crane operators are physically andpsychologically fit to work in such an environment bybeing in possession of a medical certificate of fitness.

    Construction vehicles and mobile plant

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    (1) A contractor shall ensure that all construction vehicles andmobile plants

    a. are of an acceptable design and construction;

    b. are maintained in a good working order;

    c. are used in accordance with their design and theintention for which they where designed, having dueregard to safety and health;

    (d)are operated by workers who-

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    i. have received appropriate training and been certified

    competent and been authorised to operate suchmachinery; and

    i. are physically and psychologically fit to operate suchconstruction vehicles and mobile plant by being inpossession of a medical certificate of fitness;

    (e)have safe and suitable means of access;

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    (I)are properly organised and controlled in any work

    situation by providing adequate signaling or othercontrol arrangements to guard against the dangersrelating to the movement of vehicles and plant, in orderto ensure their continued safe operation;

    (g)are prevented from falling into excavations, water or anyother area lower than the working surface by installingadequate edge protection, which may include guardrailsand crash barriers;

    h. where appropriate, are fitted with structures designed toprotect the operator from falling material or from being

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    crushed should the vehicle or mobile plant overturn;

    a. are equipped with an electrically operated acousticsignaling device and a reversing alarm; and

    a. are on a daily basis inspected prior to use, by acompetent person who has been appointed in writingand the findings of such inspection is recorded in aregister.

    (2) A Contractor shall furthermore ensure that

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    a. no person rides or be required or permitted to ride on

    any construction vehicle or mobile plant otherwise thanin a safe place provided thereon for that purpose;

    a. every construction site is organised in such a way that,as far as is reasonably practicable, pedestrians and

    vehicles can move safely and without risks to health;

    c. the traffic routes are suitable for the persons using them,sufficient in number in suitable positions and of

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    sufficient in number, in suitable positions and ofsufficient size;

    a. every traffic route is, where necessary indicated bysuitable signs for reasons of health or safety;

    (e)all construction vehicles and mobile plant left unattendedat night, adjacent to a freeway in normal use or adjacent

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    at night, adjacent to a freeway in normal use or adjacentto construction areas where work is in progress, shallhave appropriate lights or reflectors, or barricadesequipped with appropriate lights or reflectors, in order toidentify the location of the vehicles or plant;

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    Electrical installations and machinery on construction sites

    A t t h ll th t

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    A contractor shall ensure that

    a. before construction commences and during the progressthereof, adequate steps are taken to ascertain thepresence of and guard against danger to workers fromany electrical cable or apparatus which is under, over oron the site;

    a. all parts of electrical installations and machinery are ofadequate strength to withstand the working conditions onconstruction sites;

    c. in working areas where the exact location of undergroundelectric power lines is unknown, employees usingj kh h l th h d t l hi h

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    jackhammers, shovels or other hand tools which maymake contact with a power line, are provided with

    insulated protective gloves or otherwise that the handle ofthe tool being used is insulated;

    a. all temporary electrical installations are inspected at leastonce a week and electrical machinery on a daily basisbefore use on a construction site by competent personsand the records of these inspections are recorded in aregister to be kept on site; and

    (e)the control of all temporary electrical installations on theconstruction site is designated to a competent person

    h h b i t d i iti

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    who has been appointed in writing.

    Use and temporary storage of flammable liquids onconstructi

    on sites

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    A contractor shall ensure that

    (a)where flammable liquids are being used, applied or storedat the workplace concerned, this is done in such a mannerwhich would cause no fire or explosion hazard, and thatthe workplace is effectively ventilated: Provided that

    where the workplace cannot effectively be ventilated-

    (i)every employee involved is provided with a respirator,mask or breathing apparatus of a type approved by the

    hi f i t d

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    chief inspector, and

    (ii)steps are taken to ensure that every such employee,while using or applying flammable liquid, uses theapparatus supplied to him or her;

    (b)no person smokes in any place in which flammable liquidis used or stored, and such contractor shall affix asuitable and conspicuous notice at all entrances to any

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    suitable and conspicuous notice at all entrances to anysuch areas prohibiting such smoking;

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    e. only the quantity of flammable liquid needed for work onone day is to be taken out of the store for use;

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    a. all containers holding flammable liquids are kept tightlyclosed when not in actual use and, after their contentshave been used up, to be removed from the constructionsite and safely disposed of;

    a. where flammable liquids are decanted, the metalcontainers are bonded or earthed; and

    a. no flammable material such as cotton waste, paper,

    cleaning rags or similar material is stored together withflammable liquids.

    Water environments

    (1) A contractor shall ensure that where construction work is

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    (1) A contractor shall ensure that where construction work isdone over or in close proximity to water, provision is made for

    a. preventing workers from falling into water; and

    b. the rescuing of workers in danger of drowning.

    (2) A contractor shall ensure that where a worker is exposed tothe risk of drowning by falling into the water, a lifejacket isprovided to and worn by the worker.

    Housekeeping on construction sites

    A contractor shall ensure that

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    A contractor shall ensure that

    (a)suitable housekeeping is continuously implemented on

    each construction site, including provisions for the

    (i)proper storage of materials and equipment; and

    (ii)removal of scrap, waste and debris at appropriateintervals;

    b. loose materials required for use, are not placed or allowedto accumulate on the site so as to obstruct means ofaccess to and egress from workplaces and passageways;

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    access to and egress from workplaces and passageways;

    a. waste and debris are not disposed of from a high placewith a chute, unless the chute complies with therequirements; and

    d. construction sites in builtup areas, adjacent to a publicway are suitably and sufficiently fenced off and providedwith controlled access points to prevent the entry of

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    with controlled access points to prevent the entry ofunauthorised persons.

    a. a catch platform or net is erected above an entrance orpassageway or above a place where persons work or passunder, or fence off the danger area if work is beingperformed above such entrance, passageway, or place so

    as to ensure that all persons are kept safe where there is adanger or possibility of persons being struck by fallingobjects.

    Stacking and storage on construction sites

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    A contractor shall ensure that

    a. a competent person is appointed in writing with the dutyof supervising all stacking and storage on a constructionsite;

    a. adequate storage areas are provided;

    b. there are demarcated storage areas; and

    c. storage areas are kept neat and under control.

    Fire precautions on construction sites

    Every contractor shall ensure that

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    Every contractor shall ensure that

    a. all appropriate measures are taken to avoid the risk of fire;

    b. sufficient and suitable storage is provided for flammableliquids, solids and gases;

    a. smoking is prohibited and notices in this regard areprominently displayed in all places containing readily

    combustible or flammable materials;

    (d)in confined spaces and other places in which flammablegases, vapours or dust can cause danger

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    i. only suitably protected electrical installations andequipment, including portable lights, are used;

    i. there are no flames or similar means of ignition;

    iii. there are conspicuous notices prohibiting smoking;

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    i. oily rags, waste and other substances liable to ignite

    are without delay removed to a safe place; and

    i. adequate ventilation is provided;

    e. combustible materials do not accumulate on theconstruction site;

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    a. welding, flame cutting and other hot work are done onlyafter the appropriate precautions as required have beentaken to reduce the risk of fire;

    a. suitable and sufficient fire-extinguishing equipment is

    placed at strategic locations or as may be recommendedby the Fire Chief or local authority concerned, and thatsuch equipment is maintained in a good working order;

    h. the fire equipment is inspected by a competent person,who has been appointed in writing, in the mannerindicated by the manufacturer thereof;

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    indicated by the manufacturer thereof;

    a. a sufficient number of workers are trained in the use offire-extinguishing equipment;

    a. where appropriate, suitable visual signs are provided to

    clearly indicate the escape routes in the case of a fire;

    (k)the means of escape is kept clear at all times;

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    Construction welfare facilities

    (1) A contractor shall, provide at or within reasonable access

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    ( ) co t acto s a , p o de at o t easo ab e accessof every construction site, the following clean and maintained

    facilities:

    a. at least one shower facility for every 15 workers;

    b. at least one sanitary facility for every 30 workers;

    c. changing facilities for each sex; and

    d. sheltered eating areas.

    (2) A contractor shall provide reasonable and suitableliving accommodation for the workers at construction siteswhich are remote from their homes and where adequate

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    which are remote from their homes and where adequatetransportation between the site and their homes, or other

    suitable living accommodation, is not available.

    Approved inspection authorities

    1. The Chief Inspector may approve as an Inspection Authority

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    p y pp p yany organisation that has been accredited in terms of the

    provision of the Act and these regulations.

    1. The Chief Inspector may at any time withdraw any approvalof an approved inspection authority, subject to section 35 ofthe Act.

    Offences and penalties


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