Property Developers and Owners

 

Property Owners and Developers

Property Owners and Developers are legally obliged to ensure compliance to various sets of legislation in South Africa, in particular but not limited to GNR 84 of 7 February 2014 – Construction Regulation 3 & 5.

Ask yourself whether or not you are legally compliant and are able to demonstrate a suitable defence should a catastrophic incident occur?

The duties of Property Owners and Developers include, but are not limited to: –

At project concept stage

  • appointing of a Health and Safety Client Representative (Professional Health and Safety Agent / Manager) who is NOT the Project Manager and who is registered and in good standing with the SACPCMP AND who carries adequate professional liability insurance
  • compiling a Risk Assessment
  • compiling a Health and Safety specification
  • appointing a Designer (Architect or Engineer, etc.)
  • providing the appointed Designer with the Risk Assessment and Health and Safety Specification
  • obtaining a Geotechnical Survey
  • in certain instances, appoint a specialist to undertake an Environmental Impact Assessment and obtain an Environmental Authorisation. If an Environmental Authorisation or Record of Decision had been previously granted (BROWNFIELD SITES), it MUST be obtained and considered
  • ensuring the Designer includes the Specification, Risks, (including Ergonomic Risks) and incorporated Standards into the design
  • obtaining the completed Designs (including the designers methodology)
  • consider appointing the Designer to undertake the legislated inspections during construction – you MUST appoint a competent person to carry out the inspections

During project tender stage

  • provide potential Principle Contractors tendering for all or part of the works with the Designs, Health and Safety Specifications, Risk Assessment and Environmental Authorisation
  • evaluate tenders and ensure potential Principle Contractors have made sufficient allowance for the cost of implementing Health and Safety (and Environmental) measures
  • evaluate tenderers and ensure prior to appointing any Principle Contractor, that they have the necessary competencies and resources to carry out the construction work safely. 

[NOTE: Competencies include knowledge, training, experience and qualified persons]

  • ensure prior to appointing any Principle Contractor, that they are registered and in good standing in terms of the Compensation for Occupational Injuries and Diseases Act

During pre-construction stage

  • appoint the Principle Contractor/s
  • assess and approve their Health and Safety Plans and files
  • apply to the Chief Inspector from Department of Labour for a Construction Work Permit – this can take up to 30 days

[NOTE: This MUST be done personally by the Health and Safety Client Representative appointed as above and can take up to 30 days to obtain if there are no queries]

 During construction stage

  • ensure that Principle Contractors Health and Safety Plans are implemented and maintained and available on site at the request of any Employee, Inspector or Contractor
  • conduct periodic audits on all Principle Contractors at intervals not exceeding 30 days
  • provide the audit report to the Principle Contractor within 7 days of the completion of the audit
  • ensure that Principle Contractors likewise audit all Contractors appointed by them
  • ensure that all Contractors (Principle Contractors and their appointed Contractors) report incidents to the Department of Labour, in which any person dies or suffers from a permanent disabling injury, as legislated ito OHS Act Section 25 r/w General Administrative Regulation 8 and are properly investigated ito Regulation 9
  • stop any Contractor (Principle Contractors and their appointed Contractors) from conducting any activity which poses a threat to the health and safety of any person or which is not in accordance with the clients Health and Safety Specification or the Principle Contractors Health and Safety Plan

Vicarious Liability may result in you being held criminally and civilly liable should you not ensure compliance.

We provide the above specialised services to our customers ENSURING THEIR PEACE OF MIND.

  View or Download PDF  –  Guideline on Client (Property Owner) Responsibilities

For additional information please feel free to Contact Us