RENOVATING IN SOUTH AFRICA

The recent George building collapse where 33 workers lost their lives has highlighted the importance of proper health and safety procedures on construction sites. Renovating or building a home is an exciting journey filled with anticipation of new spaces however, amidst the thrill of planning and designing, it's crucial to prioritise health and safety.


                                                 

Construction projects, whether large or small, involve numerous risks that can impact workers and homeowners. Our blog post looks at why health and safety should be at the forefront of your renovation or building plans, along with practical tips to ensure a safe working environment

The Role of the Department of Labour

The Construction Regulations, introduced in 2003 by the Department of Labour, set standards in terms of health and safety on construction sites in South Africa to minimise injuries and fatalities. One of the requirements in the legislation is the preparation and implementation of a health and safety plan by the builder appointed on a construction project. This plan must consider the specific risks on the site. For example, a site in a highly populated urban area needs to manage foot and vehicle traffic when materials are being delivered.

The Department of Labour monitors health and safety on sites by conducting random site visits to enforce compliance with regulations. The sites that are targeted by the Department of Labour (DOL) are generally those where the DOL has been notified by way of the standard “notification of intention to commence with construction work” letter. Typically, developers of commercial and industrial projects are more compliant when it comes to following the notification procedure. As a result, the actual site visits by DOL tend to be more focused on this sector.

Site visits by DOL occur for one of three reasons:

1. There is either a construction sector month-long blitz in which notification letters are drawn from files and sites are visited throughout the region,

2. There is a complaint logged with the DOL by a concerned individual or company and the DOL is obligated to react or,

3. There has been a serious incident.

There have been cases where the DOL visited sites within the proximity of the site they were visiting as part of the blitz programme, but it rarely happens.

Residential building sites are visited by inspectors from the National Home Builders Registration Council (NHBRC) as each new residential project must be enrolled with them (by law). The sector which does not receive as much attention is renovations which are currently not regulated by the NHBRC. On renovation projects, homeowners often limit the involvement of professionals in order to save costs, but it is important to note that the Construction Regulations apply in exactly the same manner in this area of the construction industry.

According to the following definition, as extracted from the Construction Regulations, you will see that the same should apply. "Construction work"

means any work in connection with

a) the erection, maintenance, alteration, renovation, repair, demolition or dismantling of or addition to a building or any similar structure;

b) the installation, erection, dismantling or maintenance of a fixed plant where such work includes the risk of a person falling;

c) the construction, maintenance, demolition or dismantling of any bridge, dam, canal, road, railway, runway, sewer or water reticulation system or any similar civil engineering structure; or

d) the moving of earth, clearing of land, the making of an excavation, piling or any similar type of work.

However, the reality is that most renovation projects fail to manage health and safety adequately in terms of the regulations.

Recommendations for Homeowners

Renovation projects often involve contractors who are not registered with workmen’s compensation and have no safety management system. The effect is that the client’s risk is compounded because the law holds the client liable as the “most responsible entity” and therefore where the client appoints non-compliant contractors, the action in itself is deemed negligent. The client is, as a result, guilty of negligence in terms of his/her own actions but will also be held liable should the contractors' negligence result in serious injury or loss. Irrespective of how small a project is, the following basics should be non-negotiable:

1. The homeowner should inform the contractor of his responsibility in terms of occupational health and safety (OHS) management on site.

2. The homeowner must ensure that the contractor is made aware of existing risks on the premises.

3. The client/owner must ensure that the contractor is registered with either the Federated Employers' Mutual Assurance Company (FEM) or Worker's Compensation Fund.

4. The homeowner must ensure the contractor is aware of his/her responsibility to provide the correct equipment to perform the task safely as well as the necessary personal protective equipment.

5. The homeowner must ensure the contractor has developed a risk assessment which is project-specific and which outlines the control measures he intends taking to manage the process effectively and thereby mitigate the risk.

6. The homeowner must ensure that the contractor has a safety management plan or system.

7. The homeowner must ensure the construction site supervisor appointed to the project is competent, both in terms of his experience and references.

8. The homeowner should ask for the contractor's incident stats relating to his past five years of work within the construction industry.

9. The homeowner must monitor compliance on site on an ongoing basis. This includes stopping work that is not being performed safely. This is most probably the most difficult criterion as it can be open to interpretation and interpretation is not necessarily accredited to the homeowner as an act of compliance.

Conclusion

Health and safety are fundamental aspects of any renovation or building project. By prioritising the well-being of workers, homeowners, and the broader community, you not only comply with legal requirements but also ensure a more efficient, productive, and successful project. Remember, a safe construction site is the cornerstone of a successful renovation or building project.

For more insights and tips on managing construction projects safely and effectively, stay tuned to our blog. Your health and safety are our top priorities—let’s build a safer future together.