Safety Agent

Health and Safety Agent Services

 A Health and Safety Agent or a Professional Construction Health and Safety Agent or Manager is either a jurtistic or a natural person who represents a Client having various types of Construction Work performed.

This requires an explanation.

Construction Regulations GNR 84 of 7 February 2014 Definitions:-

“agent” means a competent person who acts as a representative for a client;

“client” means any person for who construction work is being performed. 

“structure” means—
(a) any building, steel or reinforced concrete structure (not being a building), railway line or siding, bridge, waterworks, reservoir, pipe or pipeline, cable, sewer, sewage works, fixed vessels, road, drainage works, earthworks, dam, wall, mast, tower, tower crane, bulk mixing plant, pylon, surface and underground tanks, earth retaining structure or any structure designed to preserve or alter any natural feature, and any other similar structure;

(b) any falsework, scaffold or other structure designed or used to provide support or means of access during construction work; or

(c) any fixed plant in respect of construction work which includes installation, commissioning,
decommissioning or dismantling and where any construction work involves a risk of a person
falling;

Explanation – Every person or entity who enters into a contract to have construction work executed on their behalf is the Client. In other words the person or organisation / entity who is ultimately paying for the construction works and who will be the owner once it has been completed. A Principle Contractor who enters into a contract with another Contractor can never be their Client but are rather their Customer.

When must a Client appoint a Safety AGENT / Representative

In essence if a Construction Work Permit is required then one must be appointed.

Construction Regulation GNR 84 of 7 February 2014 prescribes as follows: –

3 (1) A client who intends to have construction work carried out, must at least 30 days before that work is to be carried out apply to the provincial director in writing for a construction work permit to perform construction work if the intended construction work will—
(a) exceed 180 days;
(b) will involve more than 1800 person days of construction work; or
(c) the works contract is of a value equal to or exceeding thirteen million rand or Construction Industry Development Board (CIDB) grading level 6.

3. (5) A construction work permit contemplated in this regulation may be granted only if—
(a) the fully completed documents contemplated in regulation 5(1)(a) and (b) have been submitted; and
(b) proof in writing has been submitted—
(i) that the client complies with regulation 5(5)
(ii) with regard to the registration and good standing of the principal contractor as contemplated in regulation 5(1)(j); and
(iii) that regulation 5(1)(c), (d), (e), (f), (g) and (h) has been complied with.

5 (5) Where a construction work permit is required as contemplated in regulation 3(1), the client must, without derogating from his or her health and safety responsibilities or liabilities, appoint a competent person in writing as an agent to act as his or her representative, and where such an appointment is made the duties that are imposed by these Regulations upon a client, apply as far as reasonably practicable to the agent so appointed.

Duties of the Clients Professional Construction Health and Safety Agent / Representative

Notes from Construction Regulation Guideline GNR 489 of 2 June 2017

a) A person or an organisation that acts as a representative for a client in managing overall construction work with full authority and obligation to act on behalf of the client in terms of the Construction Regulations.
b) An agent contemplated above must ensure the management of health and safety on a construction project for a client and where applicable through an appointment of a registered competent person with a statutory body approved by the Chief
Inspector. Refer to Regulation 5 (7).

5 (7) An agent contemplated in subregulations (5) and (6) must—
(a) manage the health and safety on a construction project for the client; and
(b) be registered with a statutory body approved by the Chief Inspector as qualified to perform the required functions;

If the structure to be constructed is a single story dwelling and Client intends to occupy it personally, then the Client need not appoint a Safety Agent but only if the conditions in Regulation 3(1) [above] are not to be exceeded.

Any other structure and a building which is not a single storey dwelling will require the appointment of Client Safety Agent / Representative.

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