Consulting body NIOCCSA formally asked the DOL to scrap external construction health and safety registration with the SACPCMP.
NIOCCSA director Rudy Maritz wrote to Department of Labour Deputy Director-General, Thobile Lamati, proposing that the DOL register health and safety people directly, as it registers electrical contractors and some other approved inspection authorities (AIAs).
“We refer to our public call for objections to enforced registration of Construction Health and Safety Officers via the SACPCMP. Based on the initial response, the majority of OHS practitioners oppose the registration.
“Before we lose more scare skills, please consider our proposal in the interest of the public at large. We herewith submit our formal request to amend the Construction Regulations in accordance with the attached proposal. The key motivations for this request are:
1. Registration to be handled by the Chief Inspector (DOL) directly in the same fashion as registration of Electrical Contractors.
2. Fees to be paid annually for the issue or update or replacement of Certificates of Registration.
3. The Chief Inspector may withdraw these certificates where an inquiry or investigation reveals incompetence or negligence.
4. Construction Health and Safety Officers are currently not engaged in Project Planning, Design Development and Contractor Procurement.
5. Construction Health & safety Officers are due to market demands and past practices, not properly trained to be involved in these stages.
6. Registration with the SACPCMP will not benefit the professional development of these individuals, and will add to unnecessary costs of construction.
7. The requirement for the appointment of a Construction Health & Safety Officer is not a strict liability on contractors, and will result in uncompetitive practices by large clients, preventing the EME contractor from participating in main stream business.
8. The criteria of the SACPCMP are not acceptable to the majority of Construction health & Safety officers.”
NIOCCSA still supports the SACPCMP in respect of Construction Health and Safety Agent registration, as contemplated in regulation 5(5) and (6).
However the consultants will oppose any attempts of the SACPCMP to enforce their IDOW rules on Construction Health and Safety Officers and Managers (the latter are not required by law to register, for reasons unknown).
Future OHS practitioners must consider registration
“As an alternative, we will accept the exemption from registration with the SACPCMP of all health and safety practitioners who were qualified to NQF level 5, prior to the commencement of the Construction Regulations 2014 (7 February 2014).”
Sheqarica.com queried NIOCCSA on whether this option may leave newcomers in health and safety practice in the same situation that current practitioners find unacceptable.
NIOCCSA replied; “Future practitioners will have the choice to enter the profession knowing what is required. This is standard practice for most professions. One of the reasons the current set-up is unacceptable, is that the criteria were developed without proper consultation with practitioners.
“If the DOL exempts current practitioners, it will strengthen the scrapping of registration of HS Officers with the SACPCMP. The proposed registration is to be directly with the DOL, which should be a mere formality, such as the NLRD list, and not a lucrative business with contrators.
“It is unfair to penalise current practitioners just because the very industry insisting on this process, caused the perceived problems. Lower qualified practitioners are employed as site safety officers. These people as Candidates, would only create opportunities for unethical and corrupt activities, and not serve the interest of the profession.
“We are not convinced that Clients want skills benefits, other than to shift responsibility and liability. Very few have since the new regulations, issued properly drafted baseline risk assessments and site specific HS Specifications.
“We still find Agents auditing contractors on standard forms, with no reference back to the ‘approved’ plans. We still find the engagement of Agents at stage 4, and no moves have been made to engage CHS Agents at stage 1. We still find engineers and architects at the design risk stage, without H&S skills or H&S input.
“NIOCCSA will as currently only represent accredited consultants. Future practitioners will need a proven career path to get there. We could guide the DOL to raise the bar in terms of qualifications to NQF level 6.”
Proposed Construction Regulation Amendment 2015 [NIOCCSA DRAFT]
Construction regulation 8(6) should be amended as follows: No contractor may appoint a construction health and safety officer to assist in the control of health and safety related aspects on the site unless he or she is reasonably satisfied that the construction health and safety officer that he or she intends to appoint is registered by the Chief Inspector in terms of Regulation 3A and has necessary resources to assist the contractor.
Construction Regulation 3A – Application for registration as a registered person
1) In this regulation, a registered person shall mean a competent person holding a valid certificate of registration issued in terms of subregulation 4.
2) An application for registration as a registered person shall be made to the chief inspector in the prescribed form together with the prescribed registration fee.
3) Any natural person who satisfies the chief inspector that he or she
a) has sufficient knowledge of the scope of services listed in Annexure 4;
b) has sufficient knowledge of the Act and these regulations; and
c) has at least 1 year full time practical construction health & safety experience, shall be registered as a Construction Health & Safety Officer as contemplated in Regulation
4) The chief inspector shall furnish a registered person with the appropriate certificate of registration and enter such registration into the national database.
5) The chief inspector may at any time withdraw any certificate of registration, subject to section 35 of the Act.
6) A registered person shall on request produce his or her certificate of registration to an inspector, an approved inspection authority for Construction Health & Safety, a client, client agent or a contractor.
7) A registered person shall inform the chief inspector of any changes affecting his or her registration within 14 days after such change.
Proposed Annexure 4 [NIOCCSA DRAFT]
STANDARD SCOPE OF SERVICES FOR CONSTRUCTION HEALTH AND SAFETY OFFICER REGISTERED IN TERMS OF CONSTRUCTION REGULATION 3A
1. TENDER DOCUMENTATION AND PROCUREMENT
a) Attend site tender clarification meetings with contractors;
b) Assist in the preparation of project specific health and safety documentation for distribution to contractors for inclusion into their tender submissions;
c) Assist with the evaluation of the contractor(s) competencies, knowledge and resources to carry out the works safely;
d) Assist with the preparation of contract documentation related to health and safety requirements for approval and signature
2. CONSTRUCTION DOCUMENTATION AND MANAGEMENT
a) Assist with the preparation of a construction health and safety plan;
b) Confirm necessary documentation was submitted to the relevant authorities;
c) Attend project planning meetings;
d) Assessments and approval of contractor(s) health and safety plans;
e) Attend the contractors site handover;
f) Attend regular site, technical and progress meetings;
g) Facilitate site health and safety meetings;
h) Identification of the hazards and risks relevant to the construction project through regular coordinated site inspections;
i) Establish and maintain health and safety communication structures and systems, distribution of health and safety specific documents to sub-contractors;
j) Compiling project specific emergency response and preparedness plans;
k) Testing the effectiveness of the emergency response plans;
l) Conduct site safety inductions;
m) Evaluate the levels of compliance of subcontractors to the project specific health and safety plan and client specifications through inspections and audits;
n) Oversee the reporting and investigation of project related incidents;
o) Oversee the maintenance of all records;
p) Participation in management reviews of the health and safety systems;
q) Use of trends analysis to identify system deficiencies and incident trends, outline relevant improvements;
r) Incorporation of changes into a health and safety management system;
s) Review and update the health and safety plan;
t) Development of technical reports in relation to health and safety issues and communicate through presentations to diverse groups of decision makers.
3. PROJECT CLOSE OUT
a) Review, discuss and approve contractors’ consolidated health and safety file with the contractor(s)
b) Monitor site health and safety during the defects liability period
c) Prepare the consolidated project health and safety file for the client
• Note that the proposed legislation text in this post is not an official state or Labour Department proposal, but a proposal by a body representing consultants, including OHS consultants.
* Comment below, or below the other post on ‘Comments on construction health and safety registration’, where opponents and alternative proposals are listed; http://sheqafrica.com/health-and-safety-registration-5/
Or cooment to NIOCCSA at
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