phumudzo maphaha. the national department of labour and south african council for the project &...
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.
Phumudzo Maphaha
The National Department of Labourand
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. Factories Machinery and Building Works Act 22 of 1941
2. Machinery and Occupational Safety Act 6 of 1983
3. Occupational Health and Safety Act 85 of 1993
• Construction Regulation 2003• Draft Amended Construction Regulation 2010• Proposed Construction Regulation 2013
• 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
General Stats (Reserve Bank, Stats SA, DoL WCC)
CLAIM STATISTICS
SAIOSH: Department of Labour: Tibor Szana: 22 November 2012
6
CLAIM STATISTICS
OHS Act
Construction Regulations
SAIOSH: Department of Labour: Tibor Szana: 22 November 2012
7
STATISTICS TAKEN FROM FEMA REPORTS
1 2 3 4 5
YEARTotal incidents fatals
permanent disability resulting in no pension
permanent disability resulting in pension Lost days
1 2000 7348 65 237 26 781832 2001 6524 76 196 26 676213 2002 6887 72 237 18 708184 2003 7375 82 295 31 867665 2004 8144 67 392 29 826526 2005 8941 77 364 44 890537 2006 9055 70 330 29 956778 2007 10496 70 370 48 1046829 2008 10912 65 471 45 99233
10 2009 10361 74 514 48 9595911 2010 9137 96 555 32 8341512 2011 7873 48 502 14 5514113 2012 5302 48 229 6 15597
108355 910 4692 396 1024797
SAIOSH: Department of Labour: Tibor Szana: 22 November 2012
8
FATALS – PERMANENT DISABILITIES RESULTING IN NO PENSION/PENSION
SAIOSH: Department of Labour: Tibor Szana: 22 November 2012
9
TOTAL INCIDENTS FOR PERIOD 2000 TO 2012
SAIOSH: Department of Labour: Tibor Szana: 22 November 2012
10
THREE TOP AREAS ACCOUNTING FOR 83.5% of incidentsSAIOSH: 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
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