OCCUPATIONAL HEALTH AND SAFETY ACT AND REULATIONS: 85 OF 1993 (FULL VERSION)

Transcription

1 Examples of legal appointment letters in terms of the provisions of the s ARRANGEMENT OF EXAMPLE LEGAL APPOINTMENT LETTERS Occupational Health and Safety Act 85 of 1993 Section 16 (2) Occupational Health and Safety Act 85 of 1993 section 17 (1) & GAR 7 Occupational Health and Safety Act 85 of 1993 Section 19 (3) Occupational Health and Safety Act 85 of 1993 Section 37 (2) 4 (1) (c) 4 (5) 5 (3) (b) 5 (11) 6 (1) 6 (2) 6 (6) 7 (1) 7 (4) & (7) 8 (1) (a) 10 (a) 11 (1) 11 (3) (b) (ii) (b) Appointment of Assistant to the Chief Executive Officer Page Principal 4 Appointment of Health and Safety Representative 5 Appointment of Health and Safety Committee Member Section 37 (2) Contract / Agreement Appointment of Principal - for each phase or project 6 Principal 7 Client 9 Appointment of Client Agent Client 10 Appointment of Principal 11 appoint another 12 Appointment of Supervisor 13 Appointment of Assistant Supervisors Appointment of Safety Officer Appointment of to carry out risk assessment Appointment of Induction Trainer / Instructor Appointment of Fall protection planner 18 Appointment of Formwork & support work supervisor 19 Appointment of Excavation supervisor 20 Appointment of Professional engineer or technologist 21 including their respective current s 1

2 Examples of legal appointment letters in terms of the provisions of the s (Continued) (3) (k) & 12 (11) 12 (1) 14 (2) 17 (8) (a) 18 (1) 19 (2) (g) (i) 21 (1) (j) 22 (e) 26 (a) 27 (h) General Administrative 9 (2) General Machinery 2 (1) General Machinery 2 (7) General Machinery 4 (3) Lift, Escalator & Passenger Conveyor 6 (1) Vessels Under Pressure 13 (1) (b) General Safety 3 (4) General Safety 13 A Page Appointment of Explosives expert 22 Appointment of Demolition Work Supervisor 23 Appointment of Scaffold supervisor 24 Appointment of Material hoist inspector 25 Appointment of Batch plant supervisor 26 Appointment of Power Tool Supervisor 27 Appointment of vehicle and mobile plant inspector Appointment of Site Electrical Installations Controller Appointment of Stacking and storage supervisor Appointment of Fire equipment inspector 31 Appointment of Incident Investigator Appointment of Supervisor of Machinery Appointment of Assistant Supervisor of Machinery / Employer / Employer / Employer 34 Appointment of Shiftsman 35 Appointment of Competent ( / Firm) Appointment of Competent ( / Firm) Appointment of First Aider Appointment of Ladder Inspector / Client / Employer / Employer 38 / Employer 39 including their respective current s 2

3 Examples of legal appointment letters in terms of the provisions of the s (Continued) Diving 3 (1) (c) Diving 3 (5) Diving 4(3) (c) (i) red with Diving 9 (2) Diving 7 (4) Diving 8 (2) Diving 11 (2) Diving 13 (2) Diving 14 (2) Appointment of Diving for each phase or project Page Client 40 Appointment of Client Agent Client 41 Appointment of Diving Supervisor Appointment of Life Support Supervisor Appointment of Systems Technician Appointment of ROV Supervisor Appointment of Airlock Operator Appointment of Hyperbaric Operations Supervisor Diving 42 Diving 44 Diving 46 Diving 47 Diving 48 Diving 49 including their respective current s 3

4 Examples of legal appointment letters in terms of the provisions of the s (Continued) (2) Appointment of Assistant to the Chief Executive Officer Principal SECTION 16 (2) APPOINTMENT OF ASSISTANT TO THE CHIEF EXECUTIVE OFFICER I, (Appointer s Full Name), Chief Executive Officer for (Area of responsibility), according to the legal duty vested in me by the Occupational Health and Safety Act No 85 of 1993, Section 16 (1) hereby appoint you, (Appointee s Full Name), to assist me in carrying out my duty to ensure that (Insert company name here) complies with the provisions of the Occupational Health and Safety Act No 85 of Your area of responsibility will cover the section of (Insert section / branch of company name here) to which you have been appointed. In terms of this appointment, your responsibilities and duties shall, amongst other, include: 1. You will resume overall responsibility for Occupational Health and Safety for the site to which you are appointed. 2. You should familiarize yourself with all aspects of the Occupational Health and Safety Act No 85 of 1993 and s there to, as well as all relevant Codes of Practise. (All relevant documentation / publications in this regard to be obtained from HR department) 3. You will establish the appropriate structures to ensure that all statutory requirements are complied with at all times. 4. You are to monitor the implementation and upkeep of all Health and Safety structures in your area of responsibility and regularly report to me on the above mentioned issues in writing. 5. You may assign, in writing, other persons under your control to assist you and such written assignments should be made in terms of Section 16 (2) of the Occupational Health and Safety Act No 85 of You shall ensure that these assigned persons be assisted, trained and authorised to carry out their respective duties in terms of the provisions of the Occupational Health and Safety Act No 85 of They must also act subject to your control and direction. You shall report (Insert frequency of reporting here) directly to (Insert name of CEO here) on all occupational health and safety matters arising out of (Appointee s Area) in writing. Signature of 16 (1) I, (Appointee s Full Name), ID number accept the appointment in terms of Section 16 (2) of the Occupational Health and Safety Act No 85 of 1993 and undertake to familiarize myself with all relevant aspects of this appointment Signature 16 (2) Area of designation: including their respective current s 4

5 Examples of legal appointment letters in terms of the provisions of the s (Continued) 2. Occupational Health and Safety Act 85 of 1993 section 17 (1) & GAR 7 Appointment of Health and Safety Representative SECTION 17 (1) & GAR 7 APPOINTMENT OF HEALTH AND SAFETY REPRESENTATIVE (Appointee s name) I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of (Area of responsibility), hereby appoint you, (Appointee s Full Name), as the Health and Safety Representative for (Area of responsibility). In terms of this appointment the following functions should be performed:- 1) To represent your employee electorate s interests in terms of occupational health and safety; 2) Carry out health and safety inspections of your workplace, as designated above, prior to health and safety committee meetings; 3) Serve on the appropriate health and safety committee; 4) Bring to the attention of your supervisor any deviations in respect to health and safety that come to your attention; 5) Investigate, or assist with the investigation, of incidents in your area of responsibility. s and times of health and safety committee meetings will be determined by the committee. Such meetings as determined by the committee should be attended. You will be required to undergo Health and Safety Representative training in order to ensure that you can complete your tasks successfully. Your appointment is valid from (Start ) to (End ). I, (Appointee s Full Name) understand the implications of the appointment as detailed above and confirm my including their respective current s 5

6 Examples of legal appointment letters in terms of the provisions of the s (Continued) 3. Occupational Health and Safety Act 85 of 1993 Section 19 (3) Appointment of Health and Safety Committee Member SECTION 19 (3) APPOINTMENT OF HEALTH AND SAFETY COMMITTEE MEMBER (Appointee s name) I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of (Area of responsibility), hereby appoint you, (Appointee s Full Name), as the Employer Nominated Member to the Health and Safety Committee for (Committee Area). In terms of this appointment the following functions should be performed:- 1) To represent the employer s interests in terms of occupational health and safety; 2) Serve on the appropriate health and safety committee; 3) Bring to the attention of your supervisor any deviations in respect to health and safety that come to your attention; 4) Any further functions that may be required, by the employer, in the interest of health and safety. s and times, of health and safety committee meetings will be determined by the committee. Such meetings as determined by the committee shall be attended. You should familiarize yourself with the provisions of the Act and its s that relate to the functions of the health and safety committees, to enable you to effectively and efficiently carry out your functions as stipulated. You will be required to undergo Health and Safety training in order to ensure that you can complete your tasks successfully. Your appointment is valid from (Start ) to (End ). I, (Appointee s Full Name) understand the implications of the appointment as detailed above and confirm my. including their respective current s 6

7 Examples of legal appointment letters in terms of the provisions of the s (Continued) 4. Occupational Health and Safety Act 85 of 1993 Section 37 (2) Section 37 (2) Agreement Principal / Client INTRODUCTION SE CTION 37 (2) CONTRACT ARRANGEMENTS AND PROCEDURES FOR CONTRACTORS ON THE PREMISES OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993 AND ITS REGULATIONS In terms of Section 37(2) of the Occupational Health and Safety Act 85 of 1993 and its regulations, henceforth referred to as the OHS Act, the provision of Section 37 (1) of the same act apply to (The Service Provider/ contractor) henceforth referred to as the contractor, in as far as, (Name of Principal / Client) shall not be responsible or liable for the actions or inaction s whatsoever in contravention of the OHS Act taken by the employees of the contractor, in the fulfilment of the contract undertaken by the contractor. As an employer in your own right, you, the contractor are obliged to comply with all the provisions of the OHS Act while on the premises of (The Service Provider) you shall also be required to comply with the conditions and safety procedures of (Name of Principal / Client). (Name of Principal / Client) hereby reserves the right to cause all work undertaken by the contractor, that is in contravention of the OHS Act and that has come to the attention (Name of Principal / Client) to cease, until satisfied that such contravention has been rectified. Non compliance to (Name of Principal / Client) arrangements and procedures will adversely affect future contracts, while serious non compliance may lead to immediate expulsion from the premises. REQUIREMENTS, ARRANGEMENTS AND PROCEDURES FOR CONTRACTORS It is a condition of this contract that your employees, and any sub-contractors, be covered in terms of the Compensation for Occupational Injuries and diseases Act 130 of 1993 as amended. A copy of good standing with the Compensation Commissioner shall be attached to the signed copy of this legal document. Furthermore, the contractor or sub-contractor certifies that such cover will not expire during the execution of the task nor wills the contractor become in arrears with any payment due to the Commissioner or any other documentation required by the Commissioner. The contractor furthermore agrees to the following health and safety rules of (Name of Principal / Client). The contractor shall have available a copy of the OHS Act on request. Any contractor with more than five employees at any time on the premises shall have available a first aid box for prompt first aid. Any contractor with ten or more employees shall have at least one competent and valid first aider on the premises at their workplace. Should there be fifty or more employees on the premises a further first aider for every fifty employees or part thereof shall be available. Any contractor with less than ten employees on the premises shall ensure that such employees are made conversant with the first-aider at their workplace. The contractor shall keep up to date and available for inspection all applicable legally required registers. The contractor shall make himself and his employees conversant with (Name of Principal / Client) emergency and evacuation procedures. The contractor shall not misuse anything, which is supplied in the interest of health and safety. including their respective current s 7

8 Examples of legal appointment letters in terms of the provisions of the s (Continued) Section 37 (2) Mandatory Appointment Letter (Continued) The contractor shall adhere to all (Name of Principal / Client) safe working procedures. The contractor shall be subject to the health and safety and security rules of (Name of Principal / Client) No intoxicating drugs or liquor will be consumed on or brought onto the premises and no person under the influence or who appears to be under the influence will be permitted to come onto or remain on the premises or at a workplace. The contractor shall report all health and safety incidents involving its employees to (Name of Principal / Client) SHEQ immediately. The contractor shall conduct joint investigations of health and safety incidents involving its employees with (Name of Principal / Client). The contractor shall provide (Name of Principal / Client) with medical certificates indicating that its employees are fit for work. INDEMNIFICATION The contractor hereby certifies that all contracting workmen recognize the inherent hazards that exist on the premises of (Name of Principal / Client) and that the : Enters the property entirely at his/her own risk and therefore the waives any claim of whatsoever nature against (Name of Principal / Client), its employees, agents and / or mandatory in respect of any loss, damage and / or injury whether same is the result of any negligent act or omission on the part of (Name of Principal / Client) its employees, agents and / or mandatory or other independent contractors or by a third person or by way of defective equipment or materials supplied by the company, and further the ; Hereby indemnifies (Name of Principal / Client), its employees, agents and / or mandatory against any claims from the s employees and / or from any other person, arising and being caused in the manner set out above. I, (INSERT NAME OF AUTHORIZED PERSON) on behalf of the, do hereby declare that my company (INSERT CONTRACTORS COMPANY) acknowledge having read and understood the conditions contained in this legal document and furthermore, our employees agree to abide by these conditions. (Incert the name of Appointed Company here.) (Incert the name of authorized person and his / her capacity of the Appointed (Signature) s Company here.) (Incert the name of Principal / Client here.) (Incert the name of authorized person and his / her capacity of the Principal (Signature) / Client here.) () () (Witnesses) (Incert the name of witness 1 here.) (Signature) () (Incert the name of witness 2 here.) (Signature) () including their respective current s 8

9 Examples of legal appointment letters in terms of the provisions of the s (Continued) 5. 4 (1) (c) Appointment of Principal for each phase or project Client CONSTRUCTION REGULATION 4 (1) (c) APPOINTMENT OF PRINCIPAL CONTRACTOR (Place name of Principal here.) I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of (Appointer s Area), hereby appoint you, (Principal s Name), as Principal (Site Address/Part of Work) to perform the construction work of (Description of Work) and to effectively manage those contractors, appointed to assist you with the work. In terms of this appointment you are required to ensure that all requirements of the Occupational Health and Safety Act are complied with on the said (Premises/part of work). In particular you are required to ensure compliance with the s, which requires, amongst others, of you to ensure:- 1) That the necessary sections of the health and safety specification are made available to all prospective contractors, that only competent contractors be considered and that selected contractors are duly appointed, in writing; 2) Negotiate / approve each contractor s health and safety plan. After implementation you must ensure that such plan is maintained and to this end you are required to conduct audits on contractors at pre-determined intervals of not more than one month; 3) That any construction work be stopped if not performed in accordance with the approved health and safety plans or if the process poses a threat to the health and safety of any person; 4) That contractors are registered, and in good standing, with the Compensation Fund or another licensed compensation insurer and that they have made sufficient provision for the cost of health and safety measures in their tenders; and 5) That a consolidated health and safety file, in terms of 5 (8), be handed to (Name of Client / Name of person) upon completion of the construction work. This appointment is valid from () to the completion of the stipulated construction work. We, (Principal s Name), understand the implications of the appointment as detailed above and confirm my Signature (On behalf of Principal ) including their respective current s 9

10 Examples of legal appointment letters in terms of the provisions of the s (Continued) 6. 4 (5) Appointment of Client Agent Client CONSTRUCTION REGULATION 4 (5) APPOINTMENT OF CLIENT AGENT I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of (Appointer s Area), hereby appoint you, (Appointees Name), as Client Agent for (Client Name) to manage the construction work of (Description of Work and Area of Responsibility). In terms of this appointment you are required to ensure that whilst the above-mentioned construction work is in progress all requirements of the Occupational Health and Safety Act are complied with on the said premises. In particular you must ensure that any duty, placed on the Client in terms of the s, are met in particular you must ensure:- 1) That the necessary health and safety specifications are prepared and made available to all concerned; 2) That only competent Principal s are appointed and provided with information which may affect the health and safety of any person on the premises in question; 3) Negotiate each Principal s health and safety plan with him before it is approved, by you, for implementation; 4) That the above-mentioned health and safety plans are implemented and maintained to this end you are required to conduct audits on Principal s at pre-determined intervals of not more than one month; 5) That any construction work be stopped if not performed in accordance with the approved health and safety plans or if the process poses a threat to the health and safety of any person; and 6) That all contractors are registered, and in good standing, with the Compensation Fund or another licensed compensation insurer and that they have made sufficient provision for the cost of health and safety measures in their tenders. This appointment is valid from () to the completion of the stipulated construction work. I/We, (Appointee s Full Name/Company Name), understand the implications of the appointment as detailed above and confirm my Signature (Appointee/On behalf of Appointed Agent company) including their respective current s 10

11 Examples of legal appointment letters in terms of the provisions of the s (Continued) 7. 5 (3) (b) Appointment of Principal CONSTRUCTION REGULATION 5 (3) (b) APPOINMENT OF CONTRACTOR ( s Name) I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of (), hereby appoint you, ( s Name), as responsible for (Site Address) to carry out the construction work of (Description of Work). In terms of this appointment you are required to ensure that all construction work is performed in accordance with the requirements of the Occupational Health and Safety Act and in particular with the s in terms of which you must ensure, amongst others, the following:- 1) Prepare a documented health and safety plan, negotiate such plan with the principal contractor, ( s Name), and after it has been approved by the latter ensure that it is implemented and maintained for the duration of construction work ; 2) Ensure that all work is carried out by suitably trained / competent persons with the necessary resources at their disposal to ensure that work is performed safely and without risk to health and that only persons who has undergone effective induction training are allowed on site; 3) Open a health and safety file in which all documents required in terms of the Act and the s are filed to be available for inspection for the entire duration of the construction work; 4) Co-operate with other contractors, in order to ensure compliance with the provisions of the s; 5) Only appoint competent contractors, and when doing so, accept all the responsibilities of the Principal, as contemplated in the s; and 6) Provide the Principal, ( s Name), with any information which may affect the health and safety of any person. This appointment is valid from () to the completion of the stipulated construction work. Signature (Appointer s Designation / Legal reference / s Name) We, ( s Name), understand the implications of the appointment as detailed above and confirm my Signature (On behalf of ) including their respective current s 11

12 Examples of legal appointment letters in terms of the provisions of the s (Continued) 8. 5 (11) appoint another CONSTRUCTION REGULATION 5 (11) CONTRACTOR APPOINT ANOTHER CONTRACTOR ( s Name) I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of (), hereby appoint you, ( s Name), as responsible for (Site Address) to carry out the construction work of (Description of Work). In terms of this appointment you are required to ensure that all construction work is performed in accordance with the requirements of the Occupational Health and Safety Act and in particular with the s in terms of which you must ensure, amongst others, the following:- 1) Prepare a documented health and safety plan, negotiate such plan with the principal contractor, ( s Name), and after it has been approved by the latter ensure that it is implemented and maintained for the duration of construction work; 2) Ensure that all work is carried out by suitably trained / competent persons with the necessary resources at their disposal to ensure that work is performed safely and without risk to health and that only persons who has undergone effective induction training are allowed on site; 3) Open a health and safety file in which all documents required in terms of the Act and the s are filed to be available for inspection for the entire duration of the construction work; 4) Co-operate with other contractors, in order to ensure compliance with the provisions of the s; 5) Only appoint competent contractors, and when doing so, accept all the responsibilities of the Principal, as contemplated in the s; and 6) Provide the Principal, ( s Name), with any information which may affect the health and safety of any person. This appointment is valid from () to the completion of the stipulated construction work. Signature (Appointer s Designation / Legal reference / s Name) We, ( s Name), understand the implications of the appointment as detailed above and confirm my Signature (On behalf of ) including their respective current s 12

13 Examples of legal appointment letters in terms of the provisions of the s (Continued) 9. 6 (1) Appointment of Supervisor CONSTRUCTION REGULATION 6 (1) APPOINTMENT OF CONSTRUCTION SUPERVISOR I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of (), hereby appoint you, (Appointees Name), as Supervisor for (Site Address) to ensure that the construction work of (Description of Work and Area of Responsibility) is, in terms of occupational health and safety, properly managed and controlled. In terms of this appointment you are required to ensure that all construction work is performed in accordance with the requirements of the Occupational Health and Safety Act and in particular with the s in terms of which you must ensure, amongst others, the following:- 1) That all work is performed by suitably trained and competent persons; 2) That all statutory appointments have been completed and all statutory requirements are met; 3) That, where required, health and safety committees are established, that meetings are accordingly held and that the minutes of such meetings are kept and properly filed; 4) That all persons are aware of the hazards attached to the work being carried out and are fully conversant regarding the precautionary measures to be taken or observed to obviate such dangers; 5) That the required risk assessments are carried out; 6) That discipline is enforced at the construction site at all times; and 7) That any other interests, in terms of health and safety with respect to the responsible area, are met. You are required to report any deviations of the above-mentioned instructions, and which cannot be rectified by yourself, to me immediately and include any such deviations in the written weekly report which must be submitted to reach me not later than close of business every Friday. This appointment is valid from () to the completion of the stipulated construction work. I, (Appointee s Full Name), understand the implications of the appointment as detailed above and confirm my including their respective current s 13

14 Examples of legal appointment letters in terms of the provisions of the s (Continued) (2) Appointment of Assistant Supervisors CONSTRUCTION REGULATION 6 (2) APPOINTMENT OF ASSISTANT CONSTRUCTION SUPERVISOR I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of (Appointer s Area), hereby appoint you, (Appointees Name), as Assistant Supervisor for (Site Address) to carry out the construction work of (Description of Work and Area of Responsibility). In terms of this appointment you are required to assist the Supervisor, (Name of Supervisor), to ensure that all construction work performed under your supervision is carried out as follows:- 1) By persons suitably trained and competent to do such work; 2) That all statutory appointments have been completed and all statutory requirements are met; 3) That, where required, health and safety committees are established, that meetings are accordingly held and that the minutes of such meetings are kept and properly filed; 4) That all persons are aware of the hazards attached to the work being carried out and are fully conversant regarding the precautionary measures to be taken or observed to obviate such dangers; 5) That the required risk assessments are carried out; 6) That discipline is enforced at the construction site at all times; and 7) That any other interests, in terms of health and safety with respect to the responsible area, are met. You are required to report any deviations of the above-mentioned instructions to the construction supervisor, ( Supervisor s Name). You shall submit a written weekly report on all shortfalls that have not been met in terms of these regulations to the construction supervisor, ( Supervisor s Name). This appointment is valid from () to the completion of the stipulated construction work. I, (Appointee s Full Name), understand the implications of the appointment as detailed above and confirm my including their respective current s 14

15 Examples of legal appointment letters in terms of the provisions of the s (Continued) (6) Appointment of Safety Officer CONSTRUCTION REGULATION 6 (6) APPOINTMENT OF CONSTRUCTION SAFETY OFFICER I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of (), hereby appoint you, (Appointees Name), as Safety Officer for (Site Address) to ensure that the construction work of (Description of Work and Area of Responsibility) is, in terms of occupational health and safety, properly managed and controlled. In terms of this appointment you are required to ensure that all construction work is performed in accordance with the requirements of the Occupational Health and Safety Act and in particular with the s in terms of which you must ensure, amongst others, the following:- 1. That all work is performed by suitably trained and competent persons; 2. That all statutory appointments have been completed and all statutory requirements are met; 3. That, where required, health and safety committees are established, that meetings are accordingly held and that the minutes of such meetings are kept and properly filed; 4. That all persons are aware of the hazards attached to the work being carried out and are fully conversant regarding the precautionary measures to be taken or observed to obviate such dangers; 5. That the required risk assessments are carried out; 6. That discipline is enforced at the construction site at all times; and 7. That any other interests, in terms of health and safety with respect to the responsible area, are met. You are required to report any deviations of the above-mentioned instructions, and which cannot be rectified by yourself, to me immediately and include any such deviations in the written weekly report which must be submitted to reach me not later than close of business every Friday. This appointment is valid from () to the completion of the stipulated construction work. I, (Appointee s Full Name), understand the implications of the appointment as detailed above and confirm my including their respective current s 15

16 Examples of legal appointment letters in terms of the provisions of the s (Continued) (1) Appointment of to carry out Risk Assessment / Employer CONSTRUCTION REGULATION 7 (1) APPOINTMENT OF RISK ASSESSOR I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of ( / Appointer s Area), hereby appoint you, (Appointees Name), as Risk Assessor for (Site Address/Area of Responsibility). In terms of this appointment you are required to ensure that the necessary risk assessments are carried out before the commencement of, and during, construction work. The mentioned risk assessments shall include at least the following:- 1) The identification of the risks and hazards to which persons may be exposed to; 2) The analysis and evaluation of the risks and hazards identified; 3) A documented plan of safe work procedures to mitigate, reduce or control each of the identified risks and hazards; and 4) A monitoring- and review-plan. You are further required to ensure that a copies of the latest, updated risk assessments are available, on site, for inspection and that the ( Safety Officer, where appointed, Officer s Name / Supervisor, Supervisor s Name) (is/are) in possession of such risk assessments. Any problems which you may experience in the execution of this appointment must be reported to the ( Safety Officer, where appointed, / Supervisor). This appointment is valid from () to the completion of the stipulated construction work. I, (Appointee s Full Name), understand the implications of the appointment as detailed above and confirm my including their respective current s 16

17 Examples of legal appointment letters in terms of the provisions of the s (Continued) (4) & (7) Appointment of Induction Trainer / Instructor CONSTRUCTION REGULATION 7 (4) & (7) APPOINTMENT OF INDUCTION TRAINER / INSTRUCTOR I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of (), hereby appoint you, (Appointees Name), as Safety Officer for (Site Address) to ensure that the construction work of (Description of Work and Area of Responsibility) is, in terms of occupational health and safety, properly managed and controlled. In terms of this appointment you are required to ensure that all training on site in terms of construction work and safety is performed in accordance with the requirements of the Occupational Health and Safety Act and in particular with the s in terms of which you must ensure, amongst others, the following:- 1. That all work is performed by suitably trained, instructed and competent persons; 2. That all employees are informed, instructed and trained regarding any hazards and / or work procedures on site before any work commences; 3. That, where required, all employees are informed and trained about the stipulations in each risk assessment concerning them; 4. That all persons are aware of the hazards attached to the work being carried out and are fully conversant regarding the precautionary measures to be taken or observed to obviate such dangers; 5. That no employee, visitor and / or other person will be allowed to enter the construction site for whatever reason unless he / she has undergone full induction training; and 6. That any other interests, in terms of health and safety with respect to the responsible area, are met. You are required to report any deviations of the above-mentioned instructions, and which cannot be rectified by yourself, to me immediately and include any such deviations in the written weekly report which must be submitted to reach me not later than close of business every Friday. This appointment is valid from () to the completion of the stipulated construction work. I, (Appointee s Full Name), understand the implications of the appointment as detailed above and confirm my including their respective current s 17

18 Examples of legal appointment letters in terms of the provisions of the s (Continued) (1) (a) Appointment of Fall Protection Officer CONSTRUCTION REGULATION 8 (1) (a) APPOINTMENT OF FALL PROTECTION OFFICER I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of ( / Appointer s Area), hereby appoint you, (Appointees Name), as Fall Protection Officer for (Site Address) to develop and implement a fall protection plan for (Description of Work and Area of Responsibility). In terms of this appointment you are required to ensure that a fall protection plan, as contemplated in 8, is prepared, implemented and amended, as required. Your duties in this regard will include, amongst others:- 1) The completion of a risk assessment of all work performed in an elevated positions, as contemplated in 8 (2); 2) That all unprotected openings through which persons can fall are adequately guarded, fenced or barricaded; 3) That all fall prevention and fall arrest equipment is suitable and of sufficient strength for the intended use and that fall protection equipment is only considered where fall prevention is not practicable; and 4) That roof work is properly planned, all necessary precautionary measures are implemented / maintained and that such work is performed by suitably trained and competent persons. You are further required to ensure that the Supervisor, ( Supervisor s Name), is in possession of the most recently updated version of the fall protection plan. Any deviations from the plan must also be reported to the above-mentioned official without delay. This appointment is valid from () to the completion of the stipulated construction work. Kindly confirm your acceptance of this appointment by completing the following: I, (Appointee s Full Name), understand the implications of the appointment as detailed above and confirm my including their respective current s 18

19 Examples of legal appointment letters in terms of the provisions of the s (Continued) (a) Appointment of Formwork & Support Work Supervisor CONSTRUCTION REGULATION 10 (a) APPOINTMENT OF FORMWORK AND SUPPORT WORK SUPERVISOR I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of (), hereby appoint you, (Appointees Name), as Form- and Support-Work Supervisor for (Site Address) to carry out the construction work of (Description of Work and Area of Responsibility). In terms of this appointment you are required to ensure that all form- and support-work is executed with due consideration to all requirements of the Occupational Health and Safety Act and in particular with the s in terms of which you must ensure, amongst others, the following:- 1) That all equipment used for structures are carefully examined and checked before being used; 2) That all structures are adequately designed, erected, supported, braced, and maintained; 3) That you inspect all form- and support-work structures before, during and after placement of concrete and thereafter on a daily basis until such time as the structure is removed. Any damaged or weakened structures are to be removed or reinforced immediately; 4) That you record the results of the above-mentioned inspections and further ensure that such records are available for inspection at all times; and 5) That no form- and / or support-work structure is removed before the concrete has acquired the required strength and you have authorized such removal, in writing. You are required to report any deviations, emanating from this appointment to the ( Safety Officer, where appointed, Officer s Name / Supervisor, Supervisor s Name). This appointment is valid from () to the completion of the stipulated construction work. I, (Appointee s Full Name), understand the implications of the appointment as detailed above and confirm my including their respective current s 19

20 Examples of legal appointment letters in terms of the provisions of the s (Continued) (1) Appointment of Excavation Supervisor CONSTRUCTION REGULATION 11 (1) APPOINTMENT OF EXCAVATION WORK SUPERVISOR I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of ( / Appointer s Area), hereby appoint you, (Appointees Name), as Excavation Work Supervisor for (Site Address) to supervise and carry out all the necessary inspections in terms of all excavation work for (Description of Excavation Work and Area of Responsibility). In terms of this appointment you are required to ensure that all excavation work is performed in accordance with the requirements of the Occupational Health and Safety Act and in particular with the s in terms of which you must ensure, amongst others, the following:- 1) Evaluate the stability of the ground before excavation work begins; 2) Ascertain the location of electricity, water, gas and similar services and / or structures and ensure that those are not affected by the demolition process; 3) That such work is performed by suitably trained / competent persons - fully aware of the operational dangers involved and conversant with the precautionary measures to be taken or observed; 4) That suitable and sufficient steps are taken to prevent persons being buried or trapped by a fall or dislodgement of material in an excavation and to that end ensure that excavations are adequately shored or braced, where required, before allowing persons to enter an excavation; 5) That excavations are inspected, and the results recorded, as required by 11 (3) (h); and 6) That excavations, accessible to the public, be adequately protected by means of a barrier or fence. You are required to report any deviation from legislative requirements or the established health and safety plan to the ( Safety Officer, where appointed, Officer s Name / Supervisor, Supervisor s Name). This appointment is valid from () to the completion of the stipulated construction work. I, (Appointee s Full Name), understand the implications of the appointment as detailed above and confirm my including their respective current s 20

21 Examples of legal appointment letters in terms of the provisions of the s (Continued) (3) (b) (ii) (b) Appointment of Professional Engineer or Technologist CONSTRUCTION REGULATION 11 (3) (b) (ii) (b) APPOINTMENT OF PROFESSIONAL ENGINEER OR TECHNOLOGIST I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of ( / Appointer s Area), hereby appoint you, (Appointees Name), as Professional Engineer / Technologist for (Site Address) to supervise and carry out all the necessary inspections in terms of all excavation work for (Description of Excavation Work and Area of Responsibility). In terms of this appointment you are required to ensure that all excavation work is performed in accordance with the requirements of the Occupational Health and Safety Act and in particular with the s in terms of which you must ensure, amongst others, the following:- 1) Evaluate the stability of the ground before excavation work continue or begin; 2) Ascertain the location of electricity, water, gas and similar services and / or structures and ensure that those are not affected by the excavation process; 3) That such work is performed by suitably trained / competent persons - fully aware of the operational dangers involved and conversant with the precautionary measures to be taken or observed; 4) That suitable and sufficient steps are taken to prevent persons being buried or trapped by a fall or dislodgement of material in an excavation and to that end ensure that excavations are adequately shored or braced, where required, before allowing persons to enter an excavation; 5) That excavations are inspected, and the results recorded, as required by 11 (3) (h), noted in writing and signed by the competent person contemplated in regulation 11 (1) as well as the professional engineer / technologist contemplated in regulation 11 (3) (b) (ii) (b) ; and 6) That all requirements stipulated in regulation 11 are executed / adhered to and are properly recorded. You are required to report any deviation from legislative requirements or the established health and safety plan to the ( Safety Officer, where appointed, Officer s Name / Supervisor, Supervisor s Name). This appointment is valid from () to the completion of the stipulated construction work. I, (Appointee s Full Name), understand the implications of the appointment as detailed above and confirm my including their respective current s 21

22 Examples of legal appointment letters in terms of the provisions of the s (Continued) (3) (k) & 12 (11) Appointment of Explosives Expert CONSTRUCTION REGULATION 11 (3) (k) & 12 (11) APPOINTMENT OF EXPLOSIVES EXPERT I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of (), hereby appoint you, (Appointees Name), as the Explosives Expert for (Site Address / Area of Responsibility). In terms of this appointment you are required to ensure that all blasting activities comply with all legislative requirements and that strict safety measures are enforced and maintained during preparation and the execution of all blasting exercises on site that you are in charge of. To ensure the safe and lawful execution of all blasting activities on site, you must ensure amongst others, that:- 1) All blasting activities are executed by suitably trained, registered and licensed persons who has been issued with, and use, all required personal protective equipment; 2) That the blasting site is inspected after blasting to ensure that it is safe and that all charges have detonated during the blast; 3) That all personnel on site be notified / warned well in advance of any blasting activity as prescribed in relevant legislation; 4) That a safe working procedure and a detailed engineering survey of the site where blasting is going to take place are in place prior to any blasting related activity; 5) A system be put in place to diligently execute the provisions of 12 as well as any other relevant legislation; and 6) That the transport, storage, handling and use of explosives shall comply with all relevant requirements of the Explosives s, You are required to report any identified deviations to the ( Safety Officer, where appointed, Officer s Name / Supervisor, Supervisor s Name). This appointment is valid from () to the completion of the stipulated construction work. I, (Appointee s Full Name), understand the implications of the appointment as detailed above and confirm my including their respective current s 22

23 Examples of legal appointment letters in terms of the provisions of the s (Continued) (1) Appointment of Demolition Work Supervisor CONSTRUCTION REGULATION 12 (1) APPOINTMENT OF DEMOLITION WORK SUPERVISOR I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of ( / Appointer s Area), hereby appoint you, (Appointees Name), as Demolition Work Supervisor for (Site Address) to supervise and carry out all the necessary inspections in terms of all demolition work for (Description of Excavation Work and Area of Responsibility). In terms of this appointment you are required to ensure that all demolition work is performed in accordance with the requirements of the Occupational Health and Safety Act and in particular with the s in terms of which you must ensure, amongst others, the following:- 1) Ascertain the location of electricity, water, gas and similar services and ensure that those are not affected by the demolition process; 2) That a method statement on the procedure to be followed in demolishing the structure is developed and followed to ensure that the stability of adjoining buildings and structures are not affected during the process; 3) That such work is performed by suitably trained / competent persons - fully aware of the operational dangers involved and conversant with the precautionary measures to be taken or observed; 4) That, during the demolition, the structural integrity is checked, at intervals as determined in the method statement and that adequate shoring or similar means, as may be necessary, be provided to prevent the accidental collapse of the structure or adjoining structure; and 5) That the necessary precautions are taken when any part of the framing of a framed or partly framed building is removed, or when reinforced concrete is cut. You are required to report any deviation from legislative requirements or the established health and safety plan to the ( Safety Officer, where appointed, Officer s Name / Supervisor, Supervisor s Name). This appointment is valid from () to the completion of the stipulated construction work. I, (Appointee s Full Name), understand the implications of the appointment as detailed above and confirm my including their respective current s 23

24 Examples of legal appointment letters in terms of the provisions of the s (Continued) (2) Appointment of Scaffold Supervisor CONSTRUCTION REGULATION 14 (2) APPOINTMENT OF SCAFFOLDING SUPERVISOR I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of (), hereby appoint you, (Appointees Name), as Scaffolding Supervisor for (Site Address / Area of Responsibility). In terms of this appointment you are required to ensure that the design, erection, uses and inspection of all scaffolding complies with the requirements of SABS 085 a copy of which is attached for your information. You are further required to ensure that all scaffold erectors and team leaders are competent to carry out their work and that a procedure is developed to ensure that no scaffold is used before it has been inspected and declared safe. Apart from the above-mentioned inspection, scaffolding must also be inspected:- 1) At least once a week; 2) After inclement weather strong winds, electric storms or rainfall; 3) After any mishap resulting in jarring, tilting or overloading; 4) After alterations; and 5) Before dismantling to ensure that ties are in suitable positions for dismantling. The results of all inspections, including details of any faults found and corrected, must be recorded in a (record book/register) which must be available for inspection, on the premises, at all times. Any problems which you may experience in the execution of this appointment must be reported to the ( Safety Officer, where appointed, Officer s Name / Supervisor, Supervisor s Name). This appointment is valid from () to the completion of the stipulated construction work. I, (Appointee s Full Name), understand the implications of the appointment as detailed above and confirm my including their respective current s 24

25 Examples of legal appointment letters in terms of the provisions of the s (Continued) (8) (a) Appointment of Material Hoist Inspector CONSTRUCTION REGULATION 17 (8) (a) APPOINTMENT OF MATERIAL HOIST INSPECTOR I, (Appointer s Full Name), the (Legislative reference of appointment) appointee of (), hereby appoint you, (Appointees Name), as Material Hoist Inspector for (Site Address / Description of Hoist). In terms of this appointment you are required to ensure that the above-mentioned machinery is erected, maintained and operated with due regard to the requirements of 17, in terms of which you must ensure, amongst others, that:- 1) The (machine/s is/are) erected, secured and operated as prescribed by the manufacturer and the abovementioned ; 2) It be enclosed, where necessary, to prevent persons being struck by moving parts of the hoist; 3) Such machines are operated by suitably trained/competent persons - fully aware of the operational dangers involved and conversant with the precautionary measures to be taken or observed; 4) The necessary signage, as contemplated by 17 (5), are posted and maintained in a good condition; 5) You inspect the (machine/s) daily to determine its serviceability and that it be maintained, at all times, in a good, safe and serviceable condition. 6) The results of all inspections, together with particulars of any maintenance or repair work are recorded in a record (book/register) which record must be available for inspection at all times. You are required to report any deviations, emanating from this appointment to the ( Safety Officer, where appointed, Officer s Name / Supervisor, Supervisor s Name). This appointment is valid from () to the completion of the stipulated construction work. I, (Appointee s Full Name), understand the implications of the appointment as detailed above and confirm my including their respective current s 25