Overview

Construction sites are among the most hazardous workplaces in South Africa, with significant risks to health and safety. The Construction Regulations under the Occupational Health and Safety Act (OHSA) set out critical legal duties for employers, contractors, and all parties involved in construction projects. This one-day course is designed to give participants practical insights and legal knowledge to comply with these regulations and create safer workplaces.

Why Should an Individual Attend?

• Understand your legal obligations under OHSA and the Construction Regulations.
• Learn to navigate the complex framework of compliance, safety plans, and risk assessments.
• Gain insight into common compliance failures and how to avoid them.
• Protect your organization from costly legal claims and penalties.
• Access a comprehensive training manual and updated guidance on regulatory requirements.
• Participate in interactive discussions with an expert legal facilitator.

Outcomes

• Interpret and apply the OHSA and Construction Regulations in practical scenarios.
• Identify and manage health & safety risks on construction sites.
• Understand roles and responsibilities of employers, principal contractors, agents, and employees
• Draft and evaluate health & safety plans and specifications.
• Implement effective compliance systems and respond to inspections.
• Avoid liability through proactive legal and operational measures

Program Outline

1. Introduction & Legislative Context

• Overview of the OHSA and Construction Regulations.
• Other key regulations referenced in the Construction Regulations.
• Institutional framework for construction health and safety governance.
• The current state of compliance and governance in South Africa.

2. Legal and Legislative Framework

• Contract law: Breach and damages.
• Defined terms in the OHSA and Construction Regulations.
• Equivalent terminology in FIDIC, NEC, JBCC, and GCC contracts.
• Law of Delict: Civil law damages and liability.
• Criminal law: Statutory and common law offences.
• Administrative law: Regulatory offences and enforcement.

3. Roles, Rights, Duties, and Liabilities

• Employers and employees: Duties to each other and third parties.
• Acts and omissions of employees and mandataries.
• Duties of manufacturers regarding workplace articles and substances.
• The role of health and safety representatives and committees.

4. The Construction Lifecycle & Regulatory Responsibilities

• Concept of “reasonably practicable” in health and safety.
• The client’s duties and health and safety specification.
• Construction work permits: Necessity and application requirements.
• Principal contractors’ and contractors’ duties.
• Notification of construction work.
• Duties of designers under the Regulations.
• Management and supervision requirements for construction work.

5. Risk Assessment and Specific Arrangements

• Conducting effective risk assessments and developing safe work procedures.
• Detailed focus on high-risk activities:
• Fall protection systems and plans.
• Structures, scaffolding, suspended platforms, and rope access work.
• Excavation, demolition, and tunnelling work.
• Temporary works and material hoists.
• Cranes, construction vehicles, and mobile plant.
• Electrical installations and machinery on sites.
• Use and storage of flammable liquids and fire precautions.
• Housekeeping, stacking, and storage.
• Water environments and related hazards.
• Construction employees’ facilities and welfare requirements.

6. Practical Application & Q&A

• Deconstructing key provisions of the Act and Regulations.
• Real-world compliance challenges and solutions.
• Interactive Q&A session with the facilitator.

Who Should Attend?

• Employers and contractors in the construction industry.
• CEOs, directors, and senior managers responsible for workplace safety.
• Project managers, site managers, and supervisors.
• Health & safety officers and compliance managers.
• Engineers, designers, and architects involved in construction projects.
• Legal advisors and professionals working in construction law.