On 24 July 2015, Mr Tibor Szana, the Chief Inspector appointed in terms of section 27(1) of the Occupational Health and Safety Act 85 of 1993 (OHSA) published a notice relating to the application for a construction work permit (Notice) required in terms of the 2014 Construction Regulations to the OHSA. Click here for a copy of the relevant Government Gazette published.

The Notice gives effect to Regulation 3 of the OHSA Construction Regulations relating to the obligation placed upon a client to obtain a construction work permit in certain circumstances before any construction work may be carried out. This obligation was initially held over to take effect from 7 August 2015 (18 months after the commencement of the 2014 Construction Regulations).

The Notice provides for temporary exemptions from the application of OHSA Construction Regulation 3 in order to achieve what appears to be a phased application of the new permitting requirements.

Client obligations if construction commences between 7 August 2015 and 7 February 2017

• The client must at least 30 days prior to the intended commencement of the construction work apply to the provincial director in writing for a construction work permit if the works contract value exceeds ZAR130 million or Construction Industry Development Board (CIDB) grading level 9.
• In other words, the requirements of OHSA Construction Regulation 3 apply in full to construction work commencing from 7 August 2015 and which value exceeds ZAR130 million or a CIDB grading level 9.

Client obligations if construction commences between 7 February 2017 and 7 August 2018

Where construction will commence on or after 7 February 2017, but before 7 August 2018, the provisions of OHSA Construction Regulation 3 will apply if the works contract value exceeds ZAR40 million or CIDB grading level 8.

Client obligations if construction commences from 7 August 2018 onwards

• From 7 August 2018 OHSA Construction Regulation 3 will apply, and construction permits will therefore be required to be obtained by a client, in the following circumstances:
  •  construction work starts on or after 7 August 2018; and
  •  is intended to exceed 365 days; or
  •  will involve more than 3600 person days of construction work; or
  •  the works contract is of a value exceed ZAR13 million or CIDB grading level 7.
• The above appears to amend (on a temporary basis - although we note that the exemption in this regard appears to be indefinite) the application of OHSA Construction Regulation 3 which applies, in the absence of this exemption, to work exceeding 180 days, involving more than 1800 person days of construction work or the works value of the contract exceeded ZAR13 million or CIDB grading level 6.

Clients whose construction projects fall within the first category must ensure that the permit application is made at least 30 days prior to the intended commencement of the construction work. The permit application must include the information listed in OHSA Construction Regulation 3(5) and using the form Annexure 1 to the OHSA Construction Regulations. Clients falling within the first category are reminded that no construction work may commence or be carried out before the construction permit with its allocated site specific number has been issued and assigned.

By Kate Collier, partner, and assisted by Ganeefah Dawood, associate, Webber Wentzel.