Health & Safety Specifications
For
Refurbishment of
Building 20 for the
Agro-processing Project
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1. SPECIFICATION CONTROL SHEET
PROJECT NAME:
1.1.
Agro-processing Project
DECLARATION
This original document has been prepared, reviewed and received by the undersigned:
ORIGINAL
CLIENT
Prepared by: Bianca Reddy
Approved by: Jo Benjamin
Reviewed by:
Commented on by:
Name: Bianca Reddy
Name: Jo Benjamin
Name:
Name:
Signature:
Signature:
Signature:
Signature:
Date: 01 November 2012
Date: 01 November 2012
Date:
Date:
Capacity: Project Manager
Capacity: Client
Capacity: CSIR Junior Safety Capacity: CSIR Safety
Officer
Manager
PRINCIPAL CONTRACTOR RECEIPT
Received by:
Name:
Signature:
Date:
Capacity:
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1.2.
REVISIONS
REVISION 1
COMPANY
Prepared by:
Reviewed by:
Received by:
Name:
Name:
Name:
Signature:
Signature:
Signature:
Date:
Date:
Date:
Capacity: Agent
Capacity: Agent
Capacity:
REVISION 2
COMPANY
Prepared by:
Reviewed by:
Received by:
Name:
Name:
Name:
Signature:
Signature:
Signature:
Date:
Date:
Date:
Capacity:
Capacity:
Capacity:
2. APPLICATIONS AND INTERPRETATION
This document is to be read and understood in conjunction with the following,
inter- alia:

Occupational Health and Safety Act 85 of 1993 (OHS Act).

All regulations published in terms of the OHS Act.

Construction Regulations, 2003.
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
SABS codes referred to by the OHS Act.

Contract Documents

Basic Conditions of Employment Act (Act 75 of 1997)

National Environmental Management Act 107 of 1998 and all
Regulations

Compensation for Occupational Injuries and Diseases (COID) Act No.
130 of 1993
ABBREVIATIONS

OHS
:
Occupational Health and Safety

CEO
:
Chief Executive Officer

CR
:
Construction Regulations

HCS
:
Hazardous Chemical Substances

MSDS
:
Material Safety Data Sheet

AIA
:
Approved Inspection Authority

HBA
:
Hazardous Biological Agents

OEL
:
Occupational Exposure Limit

CSIR
:
Council for Scientific and Industrial Research
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
H&SS
:
Health and Safety Specification

HS&EP
:
Health, Safety and Environmental Plan

HS&EF
:
Health, Safety and Environmental File
3. DEFINITIONS
The following definitions from the Occupational Health and Safety Act are listed
as follows:
Chief Executive Officer
In relation to a body corporate or an enterprise conducted by the State, means
the person who is responsible for the overall management and control of the
business of such body corporate or enterprise.
Danger
Means anything that may cause injury or damage to persons or property.
Employee
Means, subject to the provisions of Subsection (2), any person who is employed
by or works for any employer and who receives or is entitled to receive any
remuneration or who works under the direction or supervision of an employer or
any other person.
Employer
Means, subject to the provisions of Subsection (2), any person who employs or
provides work for any person or remunerates that person or expressly or tacitly
undertakes to remunerate him, but excludes a labour broker as defined in
Section 1(1) of the Labour Relations Act, 1953 (Act No. 28 of 1956).
Healthy
Means free from illness or injury attributable to occupational causes.
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Machinery
Means any article or combination of articles assembled, arranged or connected
and which is used or intended to be used for converting any form of energy to
performing work, or which is used or intended to be used, whether incidental
thereto or not, for developing, receiving, storing, containing, confining,
transforming, transmitting, transferring or controlling any form of energy.
Medical Surveillance
Means a planned programme of periodic examination (which may include clinical
examinations, biological monitoring or medical tests) of employees by an
occupational health practitioner or, in prescribed cases, by an occupational
medicine practitioner.
Plant
Includes fixtures, fittings, implements, equipment, tools and appliances, and
anything which is used for any purpose in connection with such plant.
Properly Used
Means used with reasonable care, and with due regard to any information,
instruction or advice supplied by the designer, manufacturer, importer, seller or
supplier.
User
In relation to plant or machinery, means the person who uses plant or machinery
for his own benefit or who has the right of control over the use of plant or
machinery, but does not include a lessor of, or any person employed in
connection with, the plant or machinery.
Reasonably Practicable
Means practicable having regards to:
a)
the severity and scope of the hazard or risk concerned,
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b)
The state of knowledge reasonably available concerning that hazard or
risk and of any means to remove or mitigate that hazard or risk.
c)
the availability and suitability of means to remove of mitigate that hazard
or risk; and
d)
The cost of removing or mitigating that hazard or risk in relation to the
benefits deriving there from.
Risk
Means the probability that injury or damage will occur.
Safe
Means free from any hazard.
Standard
Means any provision occurring:
a)
in a specification, compulsory specification, code of practice or standard
method as defined in Section 1 of the Standards Act, 1993 (Act No. 29 of
1993); OR
b)
in any specification, code or any other directive having standardization as
its aim and issued by an institution or organization inside or outside the
Republic which, whether generally or with respect to any particular article
or matter and whether internationally or in any particular country or
territory, seeks to promote standardization.
The following definitions from the Construction Regulations are listed as
follows:
Agent
Means any person who acts as a representative for a client.
Competent Person
Means any person having the knowledge, training, experience and qualifications
specific to the work or task being performed:
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Provided that where appropriate qualifications and training are registered in
terms of the provisions of the South African Qualifications Authority Act,
1995 (Act No. 58 of 1995), these qualifications and training shall be deemed to
be the required qualifications and training.
Construction
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.
Contractor
Means an employer, as defined in Section 1 of the Act, who performs
construction work and includes principal contractors.
Hazard Identification
Means the identification and documenting of existing or expected hazards to the
health and safety of persons, which are normally associated with the type of
construction work being executed or to be executed.
Health, Safety Environment File
Means a file, or other record in permanent form, containing the information
required as contemplated in these regulations.
Health, Safety and Environment Plan
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Means a documented plan, which addresses hazards and aspects, identified and
includes safe work procedures to mitigate, reduce or control the hazards and
aspects identified.
Health and Safety Specification
Means a documented specification of all health and safety requirements
pertaining to the associated works on a construction site, so as to ensure the
health and safety of persons.
Method Statement
Means a document detailing the key activities to be performed in order to reduce
as reasonably as practicable the hazards identified in any risk assessment.
Principal Contractor
Means an employer, as defined in Section 1 of the Act who performs construction
work and is appointed by the client to be in overall control and management of a
part of or the whole of a construction site.
Risk Assessment
Means a program to determine any risk associated with any hazard or aspect at
a construction site, in order to identify the steps to be taken to remove, reduce or
control such hazard.
4. DESCRIPTION OF WORK
Refer to schedule as per contract
5. DESCRIPTION OF THE SITE
The construction work – Agro-processing Project in building 20, CSIR, Meiring
Naude Street, Brummeria, 0001.
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6. APPLICATION OF THE CONSTRUCTION REGULATIONS 2003
The intended construction work falls within the scope of “construction work” as
defined in the Construction Regulations, 2003 made under the Occupational Health
and Safety Act 1993, as amended (“OHS Act”)
7. NOTIFICATION OF CONSTRUCTION WORK

The principal Contractor shall notify by registered mail, the local relevant
Provincial Director of the Department of Labour, before commencing with
construction work, of the intended work in the form of Annexure A of the
Construction Regulations.

A copy of the completed Annexure A of the Construction
Regulations, as well as proof of notification shall be included in the
Health, Safety and Environmental Plan. (Proof of fax or proof of hand
delivery)

A copy of the completed Annexure A is to be kept on site by the Principal
Contractor.
8. LEGAL DOCUMENTATION/APPOINTMENTS
The following documents must be provided in the Health, Safety and
Environmental (HSE) Plan:

Health and Safety Policy signed by CEO or statement of commitment to
SHE

Letter of good standing with the Compensation Commissioner, Federated
Employers or similar insurer.
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
HSE Organogram (or table), outlining the HSE Team, as well as the
appointment(s) they have under the Act and Regulations (reference to
specific section/regulation applicable to appointment)

The competency of each member of the HSE Team must be provided
and should include knowledge, training, experience & qualifications
specific to the appointment.
Signed copies of the following legal appointments must be provided in the Health, Safety
and Environmental Plan:
OHS-ACT /
APPOINTMENT
REGULATION REFERENCE
Section 16.2 appointment
Section 16.2
HSE Representative (if necessary)
Section 17
Incident Investigator
GAR 9(2)
First Aiders
GSR 3
Fire Fighters
ER 9 & CR 27(h)
Risk Assessor
HCS Reg (Incl. Asbestos & Lead);
CR 7
The following information must be provided in the HSE Plan:

Indicate the estimated number of employees to be working on site.

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
Indicate the expected number of sub-contractors to be appointed by the
Principal Contractor.
The following competent persons, where applicable, shall be appointed in
writing by the Principal Contractor, prior to any work being carried out, and shall
adhere to the requirements of the specific sub-regulations.
The competency of each of these appointed competent persons must be
provided
and
should
include
knowledge,
training,
experience
&
qualifications specific to the appointment.
The table below indicates the applicability of the appointments but contractors should by
no means be limited to these indications.
APPOINTMENT
OHS-ACT
/
REFERENCE
Construction Supervisor
CR 6 (1)
Assistant Construction Supervisor
CR 6 (2)
Fall Protection Competent Person
CR 8 (1)
Formwork/ Support Work Competent Person
CR 10 (a)
Excavation Work Competent Person
CR 11 (1)
Demolition Work Competent Person
CR 12 (1)
Scaffolding Competent Person
CR 14 (2)
Material Hoist Competent Person
CR 17
Explosive Powered Tools Competent Person
CR 19 (b)
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REGULATION
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Construction Vehicle and Mobile Plant Competent Person
CR 21 (1)(j)
Electrical Installation Competent Person
CR 22 (d)
Stacking Competent Person
CR 26 (a)
Fire equipment Competent Person
CR 27 (h)
Confined Spaces Competent Person
GSR (5)
Blasting Competent Person
Safety Officer
CR 6(6)
Traffic Safety Officer
CR 6(6)
General Machinery Competent Person
GMR (2)
Lifting Machines Operators
DMR 18(11)
Hazardous chemical substance coordinator
HCSR

Indicate in the HSE Plan, which of these listed appointments are applicable
to the construction work in question.

No work involving any of the listed appointments may be performed without the
knowledge and approval of an appointed competent person.
9. GENERAL DUTIES OF PRINCIPAL CONTRACTOR

The principal contractor will be responsible for co-operation between all
contractors to ensure compliance to the OHS –Act and Regulations on site.
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
To ensure the above, the Principal Contractor must carry out the following and
provide proof of such in his HSE plan:
o
Proof
that
Contractors
HSE
Plan
has
been
approved,
implemented and maintained.
o
Proof that Contractors are registered with the Compensation
Commissioner or similar insurer.
o
A comprehensive & updated list of all contractors on site, also
indicating the type of work being done.
10. DESIGNER GENERAL DUTIES
The designer of a structure must comply with CR 9(2) and in particular ensure
that cognizance is taken of ergonomic design principles in order to minimize
ergonomic related hazards in all phases of the life cycle of the structure such as
maintenance and cleaning after completion and commissioning of the structure.
11. POTENTIAL SOURCES OF RISK
The following potential sources of risk to the health and safety of persons on site
have been identified, and must, as a minimum, be appropriately addressed by
the Principal Contactor’s HSE Plan. In addition, the Principal Contractor must
perform its own risk assessments to enable it to take precautions to protect the
health and safety of persons on site, to comply with the Principal Contractor’s
obligations under the Act and all Regulations made there under, including the
Construction Regulations. All such precautionary measures and procedures must
be included in the Principal Contactor’s HSE Plan, which must be submitted to
the Client for review and approval and where applicable should include:
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-
Noise
-
Potential presence of asbestos that forms part of the structure (cement fibre)
-
Dust
-
Working at height (fall protection)
-
Drilling ( Breaking of walls )
-
Formwork and support work
-
Scaffolding
-
Construction vehicles and mobile equipment
-
Electrical installations and electrical machinery
-
Housekeeping
-
Stacking and storage practices
-
Fire risks and fire precautions
-
Use of jackhammers
-
Hot work (steel cutting and welding)
-
Portable electrical tools
-
Intoxicated persons on site
-
Use of ladders
-
Impact of construction work upon occupants of buildings not evacuated for the
duration of the work

The risk assessment to be included in the HSE Plan must clearly indicate:
o
The methodology used to do the risk assessments.
o
Breakdown of processes and activities covered.
o
Subsequent hazards identified
o
Risk calculations (considering consequence, frequency and
likelihood)

All risk assessments are to be conducted by a competent person as appointed
under paragraph 5 of this document. The plan must include a declaration in this
regard or the risk assessment must contain the signature(s) of this appointed
persons.
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
Risk assessments are to cover safety as well as health hazards and shall
include environmental risks.

The contractor must be provided with available information about site services
and their location, e.g. underground services by the CSIR Project Manager. The
CSIR Project manager must further provide any information about ground
conditions and underground structures or water courses, such as culverts, where
this might affect the safe use of plants such as cranes or the safety of
groundwork e.g. in the construction of trenches.
12. SAFE WORK PROCEDURES
12.1 Health and Safety
The following Safe Work Procedures are to form part of the HSE Plan and must
be compiled for all the above-identified activities, and that is:
12.1.
Removals / demolitions
12.2.
Floor repairs and construction
12.3.
External walling
12.4.
Internal Divisions
12.5.
Internal Wall finishing’s
12.6.
Ceilings
12.7.
Electrical Installations
12.8.
Fire Services
12.9.
Air-conditioning
12.10. Waste management
The safe work procedures must address the following elements:
o
The work method to be followed to conduct work safely
o
Control measures implemented to mitigation & reduce the risks
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o
Responsibilities of competent persons
o
Required personal protective equipment
o
Correct equipment/tools/machinery to be used
o
Completed Risk Registers
o
Completed Risk Assessments
12.2 Environment
12.2.1Pollution
Any impacts on the environment must be minimized, environmental pollution
prevented, efficient use of natural resources and conserving biodiversity during
the duration of the contract.
12.2.2 Resource use
Consideration must also be taken for the following;
-
Waste minimization
-
Energy and water efficiency
-
Prevention of water and soil contamination
-
Managing air emissions
13. SAFETY OF PEDESTRIANS
Access to the construction site must be cordoned off as much as possible in all
work areas.
All excavations are to be fenced / barricaded to prevent access by public /
pedestrians.
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Work must be planned in such a manner as to ensure that the minimum amount
of trenches are left open after hours or during weekends.
No trenches in which water has accumulated may be left open.
14. REGISTERS

Examples of the registers listed below must be provided in the HSE Plan.

All registers must be available at the site offices at all times for inspection.

The list of registers to be kept is by no means exhaustive and the HSE Plan
should list all the registers that are applicable and at what frequency they are
going to be maintained.
ACTIVITY
FREQUENCY
Form work / Support work
Daily, prior to any shift
Excavation work
Daily, prior to any shift, after
FORMAT
rain or blasting or after
unexpected fall of ground
Scaffolding
Daily, prior to any shift, after
Rain or blasting.
Material hoist
Daily
Batch plants
N/A
Explosive powered tools
N/A
Crane(s) logbook
N/A
Construction vehicles and mobile plant
Daily
Temporary electrical installation
Weekly
Stacking
Weekly
Ablution facilities
Weekly
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Ladders
Weekly
Incident register in terms of GAR 9
As Required
Fall protection equipment
Daily
Portable electrical tools
Weekly
Suspended platforms
Daily
Accommodation of traffic
Daily
Fire fighting equipment
Monthly
Hand tools
Weekly
Annex 1 of GAR
15. TRAINING
Each Health, Safety and Environmental Plan shall indicate the following
regarding training:

A copy of the content to be used for Induction training.

Attendance registers must be included as proof of training provided for:

o
Induction training
o
Safe work procedure training
o
Risk assessment outcome training
Method of informing visitors and other persons entering the site of hazards
prevalent on site.

Method of providing personal protective equipment to visitors and nonemployees.

Methodology to be used in the issuing and communication of written
instructions/safe work procedures.
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16. HEALTH AND SAFETY AUDITS AND INSTRUCTION REGISTER

Health and safety audits will be conducted by the client at intervals mutually
agreed between the client and principle contractor but at least monthly All Health
and Safety instructions will be given via the Safety Office in writing

The Principal Contractor shall be required to sign the instruction to acknowledge
any instructions issued and rectify the deviations.
17. GENERAL REQUIREMENTS
17.1.
Personal Protective Equipment
The procedures for issuing and control over PPE shall be indicated in the HSE
Plan, as well as the enforcement for the wearing thereof.
17.2.
Hired Plant
The responsibility for the safe condition and use of all hired plant shall be that of
the contractor.
17.3.
Transport of Employees
Transport of employees shall be carried out in terms of the National Road
ordinances. The HSE Plan shall detail the arrangements and methods of the
transportation of workers.
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17.4.
Signs
The Principal Contractor shall indicate in his HSE Plan the arrangements
regarding the posting of danger signs.
17.5.
Certificates of fitness
The Principal Contractor shall include in his HSE Plan copies of all employees
that require medical fitness certificates under the following regulations where
applicable:

CR

Crane operator ( not applicable)
8
17.6.

Fall
Protection
(roof
work
or
working
from
scaffolding)
Site Visitors Register
A site visitor’s register is to be kept on site and steps are to be taken to ensure
that

–
all
visitors
sign
the
visitors’
register
before
entering
the
site.
A sign should also be provided directing all visitors to report to the site office.
17.7 Housekeeping

CR 25 shall be complied with regarding sustained provision of good
housekeeping, stacking and storage practices.

Chutes shall be used for waste and debris removal from high places.

The site shall be suitably cordoned off and access controlled.
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
Catch platforms or nets shall be used where necessary.
18. HAZARDOUS CHEMICAL SUBSTANCES
In addition to the requirements in the HCS Regulations, the principal contractor
must provide proof in the HSE Plan that:

Material Safety Data Sheets (MSDS’s) of the relevant materials/hazardous
chemical substances are available prior to use by the contractor. Mention should
be made how the principal contractor is going to act according to special/unique
requirements made in the relevant MSDS’s. All MSDS’s shall be available for
inspection by the client at all times.

Risk assessments must be done for this construction project .

Exposure monitoring where required shall be undertaken by an AIA and that the
medical surveillance programme is based on the outcomes of the exposure
monitoring.

How records are going to be kept safe for the stipulated period of 30 years.

How the relevant HCS’s are being/going to be controlled by referring to:

o
Limiting the amount of HCS
o
Limiting the number of employees
o
Limiting the period of exposure
o
Substituting the HCS
o
Using engineering controls
o
Using appropriate written work procedures
The correct PPE is being used.
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
HCS are stored and transported according to SABS 072 and 0228.

Training with regards to these regulations was given.

The HSE Plan should make reference to the disposal of hazardous waste on
classified sites and the location thereof (where applicable).
19. ASBESTOS
Given the age of our buildings within the CSIR, it is assumed that asbestos may
well form part of the structure of our buildings. Where refurbishment is going to
occur, it must be established through sampling whether asbestos forms part of
the structure or not before proceeding with any building work. If asbestos is
present, the following must be included in the HSE plan.

Notification to the Provincial Director in writing, prior to commencement of
asbestos work.

Proof of a structured medical surveillance programme, drawn up by an
occupational medicine practitioner.

Proof that an occupational health practitioner carried out an initial health
evaluation within 14 days after commencement of work.

Copies of the results of all assessments, exposure monitoring and the written
inventory of the location of the asbestos at the workplace.

Only proof that medical surveillance has been conducted and not the actual
medical records as these are of a confidential nature.

How records are going to be kept safe for the stipulated period of 40 years.
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
Proof that asbestos demolition (if applicable) is going to be done by a registered
asbestos contractor and provide proof that a plan of work for such demolition is
submitted to an Approved Asbestos Inspection Authority 30 days prior to
commencement of the demolition.

Provide proof that the plan of work was approved by the asbestos AIA and
submitted to the provincial director 14 days prior to commencement of demolition
work together with the approved standardised procedures for demolition work.
20. NOISE INDUCED HEARING LOSS
Where noise is identified as a hazard the requirements of the NIHL regulations
must be complied with and the following must be included/ referred to in the HSE
Plan:

Proof of training with regards to these regulations.

Risk assessment done within 1 month of commencement of work.

That monitoring carried out by an AIA and done according to SANS 083.

Medical surveillance programme established and maintained for the necessary
employees.

Control of noise by referring to:
o
Engineering methods considered
o
Admin control (number of employees exposed) considered
o
Personal protective equipment considered/decided
21. LIGHTING
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Where poor or lack of illumination is identified as a hazard the lighting regulations
must be complied with and the following must be included in the HSE Plan:

How lighting will be ensured/ provided where daylight is not sufficient and
/or after hours are worked.

Planned maintenance programme for replacing luminaries.

Proof of illumination levels of artificial illumination equipment.
22. FALL PROTECTION
In addition to the requirements of this regulation (CR 8) the following shall apply:

The fall protection plan for all roof work is to be prepared by a
competent person referred to in Section 8 of this document.
This
competent person must sign the fall protection plan.

Contents of the fall protection plan must cover all the requirements as
stated in sub-regulation CR 8.

The level of supervision is to be stated in the fall protection plan.

Medical certificates, work near edges, presence of dew, dangerous
walking areas etc. should be addressed in the fall protection plan.
Inclement weather conditions must be provided for in the fall protection
plan.
23. HEALTH AND SAFETY PHILOSPHY
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The client is required to ensure a working environment which, as far as
reasonably practicable, is safe and without risk to the health persons on the site.
23.1
Contractor health and safety management system
The Principal Contractor will ensure and demonstrate to the Client that he, and
all contractors to be appointed on this construction project, has adequately
allowed for the cost of health and safety measures which may be required during
the construction work.
23.2
Client’s Health and Safety Department
The Clients Safety Department will visit the site regularly to monitor and audit the
execution of the contractor’s HSE Plans on behalf of the Client, without thereby
limiting the contractor’s own responsibility for health and safety, or attracting any
vicarious responsibility or liability for the contractor’s acts or omissions.
23.3
Occupational Health and Safety Act Section 37(2) agreements
The Principal Contractor as well as all contractors must sign the Client’s Section
37(2) agreement before commencement of their particular work.
23.4
Contractor Health, Safety and Environmental Plans
Each contractor and sub-contractor working on the site must prepare a Health,
Safety and Environmental Plan to address and manage all applicable sources of
risk as per items under Section 11 of this specification as well as any other
sources of risk which are identified during the contractor’s own risk assessment.
The Principal Contractor shall incorporate these into a single Health, Safety and
Environmental plan for the execution of the entire contract works. Should any
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further risks be identified in the course of the construction work, such risks must
be assessed and addressed in amended Health, Safety and Environmental Plans
which must then be submitted to the Client for approval.
23.4.1 The Health, Safety and Environmental Plan must also address the
following matters:
-
Procedures for compliance with all requirements of the OHS Act and in
particular Sections 8 and 9 of the Act.
-
Undertaking and procedure to stop any work which endangers the safety or
health of any person.
-
Systems for recording and reporting of incidents both internal and external
to the Department of Labour.
-
Copy of the Act and its Regulations to be kept on the site and to be readily
available to employees.
-
Incident registers to be kept on the site.
-
Employment and appointment of any people who are competent and have
the necessary knowledge, training, qualifications and experience to perform
the required construction work safely and effectively.
-
Procedures and arrangements for first aid facilities on the site.
-
Procedures and arrangements for prompt reporting of injuries and other
losses/incidents.
-
Emergency plans to deal effectively with potential site emergencies.
-
Use of effective processes for the identification and close out of root
causes of incidents and accidents.
-
Attendance by all contractors of monthly site health and safety meetings.
-
Demonstration by all contractors of their health and safety monitoring and
auditing system to ensure compliance with their Health, Safety and
Environmental Plans, as part of their Health, Safety and Environmental
Plans.
-
If construction work is going to be undertaken while the building is still
occupied, methods of limiting the impact upon occupants wrt noise, dust
and other nuisance factors.
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23.4.2 Attachments these will vary from job to job but could well include
the following:
-
Client’s OHSA Section 37(2) agreement for Principal Contractor.
-
Client’s OHSA Section 37(2) agreement for contractor.
-
Occupational Health and Safety Protocol.
23.5
-
General
Nothing contained in or omitted from this Health and Safety Specification,
or the HSE Plan based on this specification, shall relieve the Principal
Contractor of any of its obligations or liabilities.
-
The client shall not be liable for any civil claim because of anything
contained in or omitted from this Health and Safety Specification.
Should you require any further information please don’t hesitate to contact the CSIR
Safety Department.
Jo Benjamin
CSIR Safety Manager
Tel
: 012 841 2165
Mobile : 079 392 3376
jbenjamin@csir.co.za
Or
Bianca Reddy
CSIR Junior Safety Officer
Tel
: 012 841 2716
Mobile : 072 997 3634
breddy@csir.co.za
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ANNEXURE A
Ref. no: _____________________________
AGREEMENT ON OCCUPATIONAL HEALTH AND SAFETY
IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH
AND SAFETY ACT 85 of 1993
ENTERED INTO AND BETWEEN
CSIR
(Hereinafter referred to as “the company”)
AND
____________________________________________
CONTRACTOR/SUB-CONTRACTOR
(Hereinafter referred to as “the contractor”)
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Registration
Number
of
the
contractor/
sub-contractor
Compensation
with
the
Commissioner:
____________________________________________________
(Certificate of Good Standing is to be attached by contractor)
Whereas the company has called under order no. ____________________________ for
the
executing
of
the
following
work:
________________________________________________
_______________________________________________________________
("the
work") at _______________________________________________________________
(address), and whereas the contractor on ________________________ (date)
undertook to carry out the work and whereas the company and the contractor have
agreed to regulate the occupational health and safety responsibilities as between them
and as provided for in terms of section 37(2) of the Occupational Health and Safety Act,
No 85 of 1993, now therefore the undersigned agree to:
1. The Contractor warrants that all its employees and its sub-Contractors'
employees are covered in terms of the provisions of the Compensation for
Occupational Injuries and Diseases Act 130 of 1993, which cover shall remain in
force whilst any such employees are present on company premises.
2. The Contractor warrants that it is in possession of Public liability insurance cover
and / or any other insurance cover that will adequately make provision for any
possible losses and/or claims arising from its and/or its sub-Contractors and/or its
employees' acts or omissions, which shall remain in force whilst it and/or its subcontractor and/or its employees are present on company' premises or which shall
remain in force for the duration of his contractual relationship with the company,
whichever period is the longer. Such insurance cover shall be with a reputable
insurance company or broker to the value of R……………………. or not less than
R1 000,000. In addition, the Contractor undertakes to deliver to the Company a
copy of the insurance policy as well as copies of renewal premiums within 30
days of issue of such a policy or renewals.
3. The Contractor undertakes to ensure that it and/or its sub-contractors and/or their
respective employees will at all times comply with all the requirements of the
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Occupational Health and Safety Act 85 of 1993 and other relevant statutory
requirements but without derogating from this general undertaking, also comply
with the following conditions:
4. The contractor takes full responsibility for the acts and omissions of its subcontractors and their employees and shall enter into a section 37(2) agreement
as provided for in terms of the Occupational Health and Safety Act 85 of 1993
with its sub-contractors.
5. The work performed for the company must be performed under the close
supervision of the contractor's Managers/Supervisors on site who are trained to
understand the hazards associated with any work that the contractor performs.
The contractor is specifically referred to Section 8 of the Occupational Health and
Safety Act 85 of 1993.
6. Contractor employees will be medically fit to perform the work they are required
to perform. Proof of medical fitness to be provided on request of the company.
7. The Contractor shall assume the responsibility in terms of Section 16(1) of the
Occupational Health and Safety Act 85 of 1993. If the Contractor assigns any
duty in terms of Section 16(2), a copy of such written appointment, as well as all
other appointments made in terms of the Occupational Health and Safety Act 85
of 1993 shall be made available to the company upon request.
8. The contractor shall ensure that it familiarizes itself with the requirements of the
Occupational Health and Safety Act 85 of 1993, the company regulations and
requirements as well as all relevant bylaws and that it, its employees and any
sub-contractor comply with the same.
9. The contractor shall appoint competent employees who shall be trained on all
Occupational Health and Safety aspects pertinent to them or to the work that is to
be performed.
10. The contractor shall strictly enforce discipline regarding Occupational Health and
Safety.
11. Personal Protective Equipment shall be issued by the contractor as required and
worn at all material times by its employees.
12. The contractor shall enforce safe work practices and all its employees shall be
made conversant with the contents of these practices.
13. No unsafe equipment/machinery and/or articles shall be used on company
premises or in the performance of the contracted work.
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14. All incidents referred to in Section 24 of the Occupational Health and Safety Act
85 of 1993 shall immediately be reported to the company Occupational Health
and Safety department by the contractor as well as to the Department of Labour.
The company shall further be provided with copies of any written documentation
relating to any incident or accident.
15. All employees of the contractor shall be made conversant with work related
hazards and procedures by the contractor as required by Section 13 of
Occupational Health and Safety Act 85 of 1993.
16. The contractor warrants that it shall act as a professional in its field of expertise
and has identified all hazards and risks associated with the work to be performed
and that he shall implement appropriate mitigation controls in respect of such
hazards and risks.
17. No use shall be made of any company machinery / articles / substances or
personal protective equipment. The contractor will only make use of safe
equipment and machinery that complies with the provisions of the Occupational
Health and Safety Act 85 of 1993 and its Regulations, Bylaws and company
requirements.
18. Work for which the issuing of a permit is required shall not be performed by the
contractor prior to obtaining a duly completed and approved permit. It shall be the
responsibility of the contractor to enquire from the relevant company Department/
Section/ Division for what work permits are required.
19. No alcohol or other intoxicating substance shall be allowed on the company’s
premises or place where the contract work is performed. Anyone suspected of
being under the influence of alcohol or any other intoxicating substance shall not
be allowed on the work premises.
20. Full co-operation shall be given if and when the company's employees inquire
into Occupational Health and Safety issues.
21. The contractor expressly agrees to comply with the procedures and
arrangements as required by the Occupational Health and Safety Act 85 of 1993,
Bylaws and company requirements in the execution of the work.
22. The contractor will cease dangerous or unsafe work immediately when requested
to do so by the company or its representatives.
23. The contractor will at all material times provide the company and its staff access
to the work area.
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24. The Contractor hereby assumes the responsibility of a manufacturer, in terms of
Section 10 of the Occupational Health and Safety Act No 85 of 1993 and Section
21 of the Mine Health and Safety Act No 29 of 1996, for taking the necessary
steps to ensure that any article or substance that it erects, uses or installs at the
premises, or manufactures, sells or supplies to or for the Company, complies
with all the prescribed requirements and will be safe and without risks to health
when properly used.
25. The company hereby obtains an interest in any investigation or formal inquiry
conducted in terms of Sections 31 and 32 of the Occupational Health and Safety
Act 85 of 1993 pertaining to any incident involving the contractor and/or its
employees and/or its sub-contractor/s.
26. The contractor confirms that it has been informed that it must report to company
management (in writing) anything that he deems to be unhealthy and/or unsafe.
The contractor will inform its employees and/or sub-contractors of this
requirement.
27. The contractor warrants that it shall not endanger the health and safety of
company employees, the general public and/or visitors in any way whilst
performing the work.
28. The contractor undertakes to comply with all labour legislation while performing
work for the company.
29. The contractor undertakes to adhere to all the company’s rules and regulations
as well as all guidelines that may be annexed hereto. The Contractor will ensure
that all its employees are conversant with these annexures.
30. The contractor herewith agrees that the company and any of its representatives
shall have the right to stop any unsafe work or work practices performed by the
contractor or its sub-contractors and the contractor and its subcontractors shall
have no claim for loss, damage or expense incurred due to the work stoppage.
31. The contractor agrees to pay legal fees on an Attorney and own client scale
should a legal action arise out of this agreement or the work that is performed.
32. The contractor’s representatives such shall be bound in solidum in terms of this
agreement.
33. The contractor does hereby irrevocably indemnify and hold harmless the
company and all of its employees or representatives against all and any actions,
suits, proceedings, claims, demands, costs and expenses of whatsoever nature
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and howsoever incurred which may be taken or made against them or be
incurred or become payable by them arising out of loss, liability, damage or
expense which may be suffered by any person as a result of the work that is
performed by the contractor and its sub-contractors.
34. The contractor shall provide the Occupational Health and Safety Officer of the
company with a copy of its Certificate of Good Standing with the Compensation
Commissioner and show the original document.
35. The contractor shall ensure that all its employees are in possession of valid
licenses of the correct code and/or certificates where this may be required for the
work they will perform.
36. The contractor shall ensure that neither it nor its employees or sub-contractors
undertake any activity, which may cause environmental impairment, nor
constitute any form of unreasonable nuisance to the company and/or the
surroundings.
37. The contractor shall complete Annexure I to this agreement in total.
38. The contractor shall ensure that the company Department/Section/Division
representative responsible for the contractor completes Annexure II to this
agreement, and the contractor undertakes to adhere to all such special safety
measures.
39. This agreement shall in no way amend or nullify the main contract or any of its
provisions already established and agreed to between the contractor and the
company and shall be regarded as an addition to such contract and provisions in
order to regulate health and safety matters between the company and the
contractor.
40. The Contactor undertakes to comply with all South African environmental
legislation where applicable to his activities whilst on Company premises.
41. The Contractor shall comply with all instructions given by the Company in the
interest of the protection of the environment.
42. The parties hereto respectively choose as their domilicium citandi et executandi
(physical address) for all purposes of and in connection with written notification in
terms of this agreement as follows:-
the company:
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___________________________________________________________________
___________________________________________________________________
__________________________________________________________________
the contractor:
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
______
Any written notice given by one party to the other in terms of this agreement shall be
sent by pre-paid registered post or be delivered by hand and shall be deemed to
have been received by the addressee on the 4th (fourth) day after posting, including
the date of posting, or on the day of delivery, if delivered by hand, and no notice shall
be deemed to have been validly given if given otherwise than in terms of the
foregoing.
DATE:
:_____________________________________
SIGNED AT:
:_____________________________________
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SIGNED BY COMPANY:
: ____________________________________
Designated responsible person
DATE:
: _____________________________________
SIGNED AT:
:_____________________________________
SIGNED BY CONTRACTOR:
: _____________________________________
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