All Statutory Requirements

All Statutory Requirements Are Being Met (SO1-AC5)

South African Legislation and The Construction Regulations, 2014

The primary Acts that impact on the construction of H&S in South Africa are the Occupational Health and Safety Act No. 85 of 1993 (OH&S Act), and the complementary Compensation for Occupational Injuries and Diseases Act No. 130 of 1993 (COID Act) and the Construction Regulations of 2014.

The Occupational Health and Safety Act, 1993, requires the employer to bring about and maintain, as far as reasonably practicable provisions for securing the safety, health and welfare of persons at work, for protecting others against risks to safety or health in connection with the activities of persons at work. Where this is not possible, the employer must inform workers of dangers, how they may be prevented, how to work safely and provide other protective measures for a safe workplace.

The Act is based on the principle that dangers in the workplace must be addressed by communication and cooperation between the workers and the employer. The workers and the employer must share the responsibility for health and safety in the workplace. Both parties must proactively identify dangers and develop control measures to make the workplace safe.

In this way, the employer and the workers are involved in a system where health and safety representatives may inspect the workplace regularly and then report to a health and safety committee, who in turn may submit recommendations to the employer. To ensure that this system works, every worker must know his or her rights and duties as contained in the Act.