THE OCCUPATIONAL HEALTH AND
SAFETY SPECIFICATION
FOR
___________________________________
___________________________________
___________________________________
(PROJECT NAME)
FOR
THE UNIVERSITY OF SOUTH AFRICA
(THE “CLIENT”)
AND
______________________________
(THE “PRINCIPAL CONTRACTOR”)
UNIVERSITY ESTATES
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CONSTRUCTION HEALTH AND SAFETY SPECIFICATION
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
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CONSTRUCTION HEALTH AND SAFETY SPECIFICATION
CONTENTS
PAGE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
PREAMBLE
SCOPE OF HEALTH & SAFETY SPECIFICATION
PURPOSE
DEFINITIONS
MANAGEMENT AND SUPERVISION OF CONSTRUCTION WORK
5.1
OHS Organogram
5.2
Mandatory appointments
COMMUNICATION
RESPONSIBILITIES
7.1
Client
7.2
Principal Contractor
7.3
Contractors
SCOPE OF WORKS
HEALTH AND SAFETY FILE
OHS GOALS, OBJECTIVES AND ARRANGEMENTS FOR MONITORING
AND REVIEWING OHS PERFORMANCE
ACKNOWLEDGEMENT OF RECEIPT OF HEALTH AND SAFETY SPECIFICATION
4
5
5
5
5
6
6
6
7
7
8
8
9
9
11
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1.
PREAMBLE
1.1
In 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.
1.2
The 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.
1.3
This ‘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.
1.4
Due 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 Contractor when 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 Regulations 2014, detailing the key activities to be
performed in order to reduce as far as practicable, the hazards identified in the Risk Assessment.
1.5
The 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.
1.6
Every 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.
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2.
SCOPE OF HEALTH AND SAFETY SPECIFICATION DOCUMENT
2.1
3.
The 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.
PURPOSE
3.1
The 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.)
3.2 The purpose of this specification document is to:-
4.
provide the appointed Principal Contractor and his/her Contractors 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.
3.2.2
ensure that the appointed Principal Contractor and his/her Contractors are fully aware of
what is expected of them with regard to the Act and the Regulations, including the
applicable safety standards.
3.2.3
inform the appointed Principal Contractor and his/her Contractors 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.
DEFINITIONS
4.1
5.
3.2.1
For any definition related to expressions in this document please refer to the definition sections of
the respective legislation.
MANAGEMENT AND SUPERVISION OF CONSTRUCTION WORK
(Please refer to paragraph 9)
5.1
OHS Organogram
5.1.1
Every Contractor must include in his or her OHS file an organogram which clearly displays
the following details:
5.1.2
The OHS management structure within the Contractor’s organization and on site.
5.1.3
The full names and contact details of the incumbents.
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5.2
6.
7.
5.1.4
The relevant sections of the legislation pertaining to the appointments.
5.1.5
The contents of the organogram and the mandatary appointments, referred to in
paragraph 5.2 below, must match.
Mandatory appointments
5.2.1
Every 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.
5.2.2
The mandatory appointments and the contents of the organogram, referred to in
paragraph 5.1 above, must match.
COMMUNICATION
6.1
OHS communication between all parties involved in the project will be via the Principal Agent or
Project Manager in writing (E-mail).
6.2
OHS 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.
6.3
The Principal Agent or Project Manager will be responsible for the dissemination of all relevant
OHS information to all other parties involved in the project.
RESPONSIBILITIES
7.1
Client
7.1.1
The Client or his appointed Agent on his behalf will appoint each Principal Contractor for
the project or phase/section of the project in writing in compliance with the Construction
Regulations 2014.
7.1.2
The Client or his appointed Agent on his behalf shall discuss and negotiate with the
Principal Contractor the contents of the health and safety plan of both the Principal
Contractor and Contractor for approval.
7.1.3
The 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.
7.1.4
The 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
Contractor and/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
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d)
7.2
act in any way which may pose a threat to the health and safety of any person
present 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. Where
construction 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.
Principal Contractor
7.2.1
The 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.
7.2.2
The 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 perceivably be applicable to this
contract.
7.2.3
The 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.
7.2.4
The 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.
7.2.5
The Potential Principal 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.
7.2.6
The 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.
7.2.7
The 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 Subcontractor.
7.2.8
The 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
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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.
7.2.9
The 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.
7.2.10 The 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.
7.3
Contractors
7.3.1
8.
SCOPE OF WORKS
(also refer to paragraph 2)
8.1
These specifications are applicable to the specific scope of works pertaining to the abovementioned project as detailed in the tender documents.
8.2
Special Notes to Contractors
8.2.1
9.
Responsibilities of all Contractors appointed by the Client or the Principal Contractor in
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.
If 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.
HEALTH AND SAFETY FILE
(Please refer to paragraph 5)
9.1
The 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.
9.2
The 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.
9.3
Some 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.
9.4
The OHS File must include:
9.4.1
A list of all Contractors on site that are accountable to the Principal Contractor;
9.4.2
The mandatary agreements between the parties;
9.4.3
A clear description of the scope of works.
9.4.4
An organogram clearly displaying the following details:
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9.4.4.1 The OHS management structure within the Contractor’s organization and on site.
9.4.4.2 The full names of the incumbents;
9.4.4.3 The relevant sections of the legislation.
9.4.5 The contents of the organogram (paragraph 9.4.4) and the mandatary appointments
(paragraph 9.4.6) must match.
9.4.6
All applicable letters of mandatary appointment, in accordance with the OHS
management structure referred 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.
9.4.6.1 The mandatary appointments (paragraph 9.4.6) and the contents of the
organogram (paragraph 9.4.4) must match.
9.4.7
An original copy of a valid LETTER OF GOOD STANDING with the Compensation
Commissioner/FEMA.
9.4.8
A HEALTH AND SAFETY PLAN (In accordance with the Client’s OHS Specifications),
RISK ASSESSMENTS AND WRITTEN SAFE WORK PROCEDURES detailing the
relevant tasks to be performed and the appropriate PRECAUTIONARY MEASURES
that will be applied.
9.4.8.1 SPECIAL ATTENTION MUST BE GIVEN TO THE DELIVERY OF
MATERIAL/EQUIPMENT AND THE MANAGEMENT OF WASTE PRODUCTS in the
interest of health and safety.
9.4.9
A list of labour on site, kept updated at all times.
9.4.10 Certificates of competence.
9.4.11 A 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.
9.4.12 A register of all TOOLS AND EQUIPMENT that will be utilized on site.
9.4.12.1
The 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.
9.4.12.2
The 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.
9.4.12.3
The register must display the names of the recipients and signatures of
acknowledgement of the above goods and information.
9.4.13 A register of all the PERSONAL PROTECTIVE EQUIPMENT (PPE) that will be utilized on
site.
9.4.13.1
The 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.
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9.4.13.2
The 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.
9.4.13.3
The register must display the names of the recipients and signatures of
acknowledgement of the above goods and information.
9.4.14 The OHS Policy, signed by the CEO.
9.4.15 Records of Toolbox Talks with site-/project-relevant topics and acknowledgement of
having attended the sessions.
9.5
The above information is included as a GUIDELINE for the compilation of the OHS File. The final
content of the OHS File will be determined by the Scope of Works of this Project.
9.6
IMPORTANT NOTICE:
The Health and Safety File will remain the property of the Client and/or its Agent on its behalf
throughout the period of the project and shall be consolidated and handed over to the Client and/or
its Agent on its behalf at the time of completion of the project as required by Construction
Regulation7(1)(e).
10.
OHS GOALS AND OBJECTIVES AND ARRANGEMENTS FOR MONITORING AND REVIEWING OHS
PERFORMANCE
10.1
The Principal Contractor is required to notify the Client of any Incident/Accident, including all Near
Misses immediately, via E-mail, as well as reporting on a monthly basis, via E-mail, the status of
OHS Incidents/Accidents in the workplace.
10.2
The Principal Contractor is responsible for overseeing the investigation of all Accidents/Incidents
and Near Misses in the workplace. The OHS Representative must be included in and be part of
Accident/Incident investigations.
10.3
The Principal Contractor must inspect his/her workplace on a monthly basis and report the
findings, via E-mail, to the Client/Agent.
10.4
All Contractors are required to notify the Principal Contractor of any Incident/Accident, including all
Near Misses immediately, via E-mail, as well as reporting on a monthly basis, via E-mail, the status
of OHS Incidents/Accidents in the workplace.
10.5
All Contractors must inspect their workplace on a monthly basis and report the findings, via E-mail,
to the Principal Contractor.
10.6
The Client must conduct OHS Audits of the construction site on a monthly basis and report the
findings to the Principal Contractor.
10.7
The Principal Contractor is required to develop Risk Assessments, Standard Operating Procedures
(SOP) and Method Statements for each activity executed in the contract or project.
10.8
The Health and Safety Plan, Fall Protection Plan and all the Risk Assessments shall be monitored
and reviewed at least once a month.
10.9
The Principal Contractor is required to ensure and prove that all persons have attended an
Occupational Health and Safety Induction session, prior to accessing the construction site.
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11.
10.10
The Principal Contractor is required to ensure that all persons wear the required Personal
Protective Equipment (PPE) when accessing the construction site.
10.11
The Principal Contractor must ensure that visitors and non-employees, prior to entering the site,
shall be issued with the proper Personal Protective Equipment (PPE) as and when necessary.
10.12
All operators, drivers and users of construction vehicles, mobile plant and other equipment must be
in possession of valid proof of training.
10.13
The Principal Contractor has to appoint OHS Representatives in the workplace and establish a
Health and Safety Committee. The OHS Representatives must conduct weekly inspections of their
respective areas of responsibility by means of a checklist and report their findings to the OHS
Committee. The Committee must meet once a month and submit the Minutes of the Meeting to the
Client, via E-mail, within 7 days.
ACKNOWLEDGEMENT OF RECEIPT OF HEALTH AND SAFETY SPECIFICATION
I, _______________________________, representing the Principal Contractor, acknowledge receipt of the
Health and Safety Specification from the Client (UNISA). I am familiar with the contents of this health and
safety specification and shall ensure that all Contractors and their personnel comply with the requirements
of this specification and every relevant health and safety plan developed from the Client’s health and safety
specification.
Signature:
__________________________________
(Principal Contractor)
Date:
__________________
Signature
__________________________________
(Client/Client’s Agent)
Date:
__________________
© JUNE 2016
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