The OSH Act and the law
The aim of the OHS Act is to provide for the safety and health of persons at work and in connection with the use of plant and machinery. It further provides for the protection of people other than people at work from hazards arising out of or in connection with the activities from people at work.
Every contractor and sub-contractor is required by the Occupational Health and Safety Act 85 of 1993 and the Construction Regulations 2014, to have a Health and Safety File that must be available at all times. The Occupational Health and Safety Act 85 of 1993 and Construction Regulations 2014 state the following:
• Construction Regulation 3(6)– A client must ensure that the principle contractor keeps a copy of the construction work permit contemplated in sub regulation (1) in the occupational health and safety file for inspection by an inspector, the client, the client’s authorized agent, or an employee;
• Construction Regulation 5(1)(s) – The client must ensure that health and safety file contemplated in regulation 7(1)(b) is kept and maintained by the principle contractor;
• Construction Regulation 7(1)(b) –A principle contractor must open and keep on site a health and safety file which must include all documentation required in terms of the Act and these Regulations, which must be made available on request to an inspector, the client, the client’s agent or a contractor.
The Health and Safety File must be maintained by the site safety personnel and audited by a competent person.
Click on the link to download the legislation.