.
Phumudzo
Maphaha
The National Department of Labour
and
South African Council for the Project
&
Construction Management
Professions,
Phumudzo
Maphaha
The presentation.
1. Background of H&S in the Construction
Industry
2. Statistics
3. H&S Challenges in the Construction Industry
4. Construction Regulations
5. photos during inspections.
Background of the Construction
Regulations.
1.
2.
3.
Factories Machinery and Building Works Act 22 of 1941
Machinery and Occupational Safety Act 6 of 1983
Occupational Health and Safety Act 85 of 1993
•
•
•
Construction Regulation 2003
Draft Amended Construction Regulation 2010
Proposed Construction Regulation 2013
General Stats (Reserve Bank, Stats SA, DoL
WCC)
• The SA Construction Industry
•
•
•
•
Contributes an average 16% GDP
Employs 1,5m (2012/13) to 2,5m (2009/11)
Employees
Accounts to 1,5 fatality p/w (6 p/m= 72 p/y)
R 489 000 000;00 in compensation in 2011-2012
CLAIM STATISTICS
Number of Employees – FEM clients
300000
281,997
250000
200000
150000
EMPLOYEES
100000
50000
0
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
SAIOSH: Department of Labour:
Tibor Szana: 22 November 2012
6
CLAIM STATISTICS
Number of FEM Claims 1989 to 2008
14,000
12,000
10,635
10,000
8,000
OHS Act
No. Claims
6,000
Construction
Regulations
4,000
2,000
0
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
SAIOSH: Department of Labour:
Tibor Szana: 22 November 2012
7
1
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
7348
6524
6887
7375
8144
8941
9055
10496
10912
10361
9137
7873
5302
108355
3
permanent
disability
resulting in
no pension
Total
incidents fatals
YEAR
1
2
3
4
5
6
7
8
9
10
11
12
13
2
65
76
72
82
67
77
70
70
65
74
96
48
48
910
4
5
permanent
disability
resulting in
pension
Lost days
237
196
237
295
392
364
330
370
471
514
555
502
229
4692
26
26
18
31
29
44
29
48
45
48
32
14
6
396
78183
67621
70818
86766
82652
89053
95677
104682
99233
95959
83415
55141
15597
1024797
STATISTICS TAKEN FROM FEMA REPORTS
SAIOSH: Department of Labour:
Tibor Szana: 22 November 2012
8
600
555
502
500
400
fatals
300
permanent disability resulting in no
pension
229
permanent disability resulting in pension
200
100
0
1
2
3
4
5
6
7
8
9
10
11
12
13
FATALS – PERMANENT DISABILITIES RESULTING IN NO
PENSION/PENSION
SAIOSH: Department of Labour:
Tibor Szana: 22 November 2012
9
Total incidents
12000
10912
10496
10361
10000
9137
9055
8941
8144
8000
7873
7375
7348
6887
6524
6000
Total incidents
5302
4000
2000
0
1
2
3
4
5
6
7
8
9
10
11
12
13
TOTAL INCIDENTS FOR PERIOD 2000 TO
2012
SAIOSH: Department of Labour:
Tibor Szana: 22 November 2012
10
70
60
50
40
Fall on different levels
Struck by
Motor vehicles
30
20
10
0
1
2
3
4
5
6
7
8
9
10
11
12
13
THREE TOP AREAS ACCOUNTING FOR 83.5% of incidents
SAIOSH: Department of Labour:
Tibor Szana: 22 November 2012
11
Challenges of Health & Safety in
the Construction Sector.
Challenges (amongst others) in the Construction Sector.

Evidence from incident investigation conducted indicates:
(mostly fatals and structural collapses)

Lack of competent person performing Health and Safety in
construction work, (design phase, construction phase and handing over)

Lack of management and supervision of Health and Safety in
construction work.
How do we attain the objective of eliminating fatalities
and incidents in the construction sector ???
(purpose of the amendments of the construction regulations)
Cultural change by- (e.g. permit system)
Involving
•
•
•
Client
•
Agent / Designers
Principal Contractor
•
Contractor
Health Safety Officers/
- at the initial stage and through the life span of a project
regarding all matters of Occupational Health and
Safety.
Permit System
Application for construction work permit
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 90 days;
(b)
will involve more than 900 person days of construction work; or
(c)
the works contract is of a value equal to or exceeding four million rand.
Duties of Client
(4)
Where more than one principal contractor is appointed as contemplated in
subregulation (1)(k), the client must take reasonable steps to ensure co-operation between all
principal contactors and contractors in order to ensure compliance with these Regulations.
(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 Client
(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;
(8)
When the chief inspector has approved a statutory body as contemplated in
subregulation (7)(b), he or she must give notice of that approval in the Gazette.
Duties of designer
6.
(1)
The designer of a structure must—
(a)
ensure that the applicable safety standards incorporated into these Regulations
under section 44 of the Act are complied with in the design;
(b)
take into consideration the health and safety specification submitted by the
client;
(c)
before the contract is put out to tender, make available in a report to the client—
(i)
all relevant health and safety information about the design of the relevant
structure that may affect the pricing of the construction work;
(ii)
the geotechnical-science aspects, where appropriate; and
(iii)
the loading that the structure is designed to withstand;
How do we solve the challenge of H&S
incompetency in the construction sector???
Professionalize health and safety in the construction industry
by:

Registration of professionals in the construction industry who are
obligated to perform any health and safety function in terms of the
Act and Construction Regulations.



Maintain the database of professionals in the industry.
Control and Monitor professionals in the construction industry (register or
deregister)
Ensure that construction work is carried out by competent and registered
persons.
Proposed Solution. Professionals identified based on
the Construction Regulations. (proposed amendments)
 Agent (SACPCMP)
 Safety Officer (SACPCMP)
Regulations.
Management and supervision of construction work
(1) A principal contractor must in writing appoint one full-time
competent person as the construction manager with the duty of
managing all the construction work on a single site, including the duty
of ensuring occupational health and safety compliance. In the
absence of the construction manager an alternate must be appointed
by the principal contractor.
(2) A principal contractor must upon having considered the size of the
project, in writing appoint one or more assistant construction
managers for different sections thereof, Provided that the
designation of any such person does not relieve the construction
manager of any personal accountability for failing in his management
duties in terms of this regulation.
Regulations.
Management and supervision of construction work
(1) The Construction Manager
(1)
The Construction Health and Safety Manager. (SACPCMP)
(1)
The Construction Health and Safety Officer.(SACPCMP)
Occupational Health and Safety Contraventions in
the Construction Sector
•
• Unsafe acts.
• Worker working
outside the
secured area.
Occupational Health and Safety Contraventions in
the Construction Sector
•
• Unsafe acts.
• No proper
scaffolding
• No PEE
Occupational Health and Safety Contraventions in
the Construction Sector
•
• Unsafe acts.
• damaged PPE
(SAFETY
HARNESS)
fastened by
wires.
Occupational Health and Safety Contraventions in
the Construction Sector
• Unsafe acts.
• Unsafe working
procedures.
Occupational Health and Safety Contraventions in
the Construction Sector
• Unsafe acts.
• Unsafe working
procedures.
Occupational Health and Safety Contraventions in
the Construction Sector
• Unsafe acts.
• Use of non
tested materials
nor material
suitable for
operations.
Occupational Health and Safety Contraventions in
the Construction Sector
• Unsafe acts.
• Use of non
tested materials
nor material
suitable for
operations.
Occupational Health and Safety Contraventions in
the Construction Sector
• Unsafe acts.
• Use of non
tested materials
nor material
suitable for
operations.
(Bricks used to
replace base
jacks)
Occupational Health and Safety Contraventions in
the Construction Sector
•
• Unsafe acts.
• Failure to use
proper scaffold
and access
procedures.
Occupational Health and Safety Contraventions in
the Construction Sector
•
• Unsafe acts.
• Failure to use
proper scaffold.
Occupational Health and Safety Contraventions in
the Construction Sector
• Unsafe acts.
• Use of non
tested materials
nor material
suitable for
operations.
(Bricks used to
replace base
jacks)
Occupational Health and Safety Contraventions in
the Construction Sector
• Unsafe acts.
• Scaffold without
proper platform
nor handrails to
prevent workers
from falling
Occupational Health and Safety Contraventions in
the Construction Sector
• Unsafe acts.
• Failure to
provide secure
walking area for
the public
Occupational Health and Safety Contraventions in
the Construction Sector
• Unsafe acts.
• Use of
temporarily
electrical
installations in
damp/ wet
environment.
Occupational Health and Safety Contraventions in
the Construction Sector
• Unsafe acts.
• Use procedures
of using
electricity on
site.
Occupational Health and Safety Contraventions in
the Construction Sector
• Unsafe acts.
• Scaffolding and
formwork and
support on the
edges of
excavation with
no shoring and
bracing
•
End
Thank you
Phumudzo Maphaha.
082 908 1995
012 309 4316/88
Phumi.maphaha@labour.gov.za