The 2014 Construction Regulations to the Occupational Health and Safety Act 85 of 1993 (OHSA), promulgated on 7 February 2014, introduced the requirement of registration of agents and health and safety construction officers with an approved statutory body, the South African Council for the Project and Construction Management Professions (SACPCMP).

The 2014 Construction Regulations held over the registration requirements in respect of agents until 6 August 2015. The registration requirement in respect of construction health and safety officers was held over either until 6 August 2014 (in respect of construction work commencing after 7 February 2014) or 6 August 2015 (in respect of construction work already underway at the time that the 2014 Construction Regulations were promulgated). This was in terms of the general exemption granted by the Chief Inspector dated 7 March 2014. Click here to read our Construction Snapshot from 3 April 2014 which looked at time periods for compliance with the New Construction Regulations.

Accordingly, for construction work that commenced after 7 February 2014, contractors were required to appoint construction health and safety officers who were registered with the SACPCMP by 6 August 2014.

However, a reprieve has been granted by the Chief Inspector in terms of an (as yet ungazetted) notice of exemption granted in terms of section 40 of the OHSA, but stamped by his office, dated 5 August 2014 (exemption).

The exemption confirms that the required registration with the SACPCMP for agents will be effective as of 6 August 2015 (as set out in 2014 Construction Regulation 34(2)) and postpones the effective date for the obligation that construction health and safety officers be registered with the SACPCMP until 6 August 2015. A copy of the exemption can be found here.

We note, however, that this exemption is in respect of the registration obligations for agents and construction health and safety officers only and the remainder of the 2014 Construction Regulations (with the exception of 2014 Construction Regulation 3) are thus therefore now in force for construction work that commenced after 7 February 2014.

Written by Kate Collier and Nivaani Govender, Webber Wentzel