ConstructionRegulation Welcome G S GlobalR Custainable isk ontrol S Construction Regulation Module One R C YOUR PARTNER IN SUSTAINABLE GROWTH ConstructionRegulation G S The purpose of this presentation is not to cover in detail the aspects of this R regulation, but rather to educate you in your responsibilities regarding the regulation and how to establish C compliance in the work environment ConstructionRegulation G ABBREVIATIONS GSRC Global Sustainable Risk Control S (Service Provider) SHEQ Safety, Health, Environment and R Quality SHE Safety, Health and Environment ROI Return on Investment OHS Act Occupational Health and Safety C HIRA Act (85/1993) Hazard Identification & Risk Assessment PPE Personal Protective Equipment PPC Personal Protective Clothing MSDS Material Safety Data Sheet MFL Maximum foreseeable loss EML Estimated maximum loss NLE Normal loss expectancy ConstructionRegulation G Definitions •Agent S •Angle of response •Batch Plant R •Client •Competent Person •Construction Work C •Construction Vehicle •Contractor •Design •Designer •Ergonomics •Excavation Work •Explosive Power Tools ConstructionRegulation G •Fall Prevention Equipment S •Fall Arrest Equipment excludes body belts •Fall Protection Plan •HIRA R •Method Statement •Mobile Plant C •Person Day •Principle Contractor •Roof Apex Height •Shoring •Suspended Scaffold •Tunneling ConstructionRegulation G What is the purpose of this regulation? S It establish conditions for certain plant and machinery, as well as R specific types of operations, but importantly it covers the gray areas of responsibility in Section 8 of the OHS Act more comprehensively in that it: •Allows for responsibility shifting C •Is specific regarding Safety Standards and Plans •And it is the first regulation which addresses behavioral safety •Is specific in medical fitness ConstructionRegulation G S R C ConstructionRegulation G S R C ConstructionRegulation G S R C ConstructionRegulation G S R C ConstructionRegulation G S R C ConstructionRegulation G S R C ConstructionRegulation G S R C ConstructionRegulation G S R How is compliance established with a regulation? C ConstructionRegulation G GSRC Global Sustainable Risk Control LEGISLATIVE REQUIREMENTS S DUTIES OF EMPLOYER REASONABLE PRACTICABLE R PROVIDE MAINTAIN C ACCEPTABLE WORKING ENVIRONMENT Base-Line Assessments Issue- base Assessments Continuous Base Assessments YOUR PARTNER IN SUSTAINABLE GROWTH ConstructionRegulation G S R C Is compliance established here? ConstructionRegulation G S Legal Compliance requires: R •Compliance with section 8 •Evaluation of HIRA Process to establish if all aspects are evaluated C •Evaluate if behavior is considered •Quality control aspects of critical parts are considered •Development of safety plan •SWP, Standards, training etc •Compliance with other legislation •Impact studies included on other aspects such as society and environment ConstructionRegulation G 1.Scope of application S Any person involved with construction work R The client do not need to prepare H&S plan for a single story domestic building A H&S plan is not needed if 50% of work is completed at date of C promulgation, unless instructed by an inspector ConstructionRegulation G 3. Notification of construction work S Principle Contractor must notify provincial director before starting with work, and a copy of annexure 2 must be kept on site. R Criteria: •Demolition exceeding 3m C •Use of explosive • When the work exceeds 30 days or will involve 300 person days of construction work •Includes excavation deeper than 1meter •Or working at heights greater than 3m above ground or a landing ConstructionRegulation G 4. Client S A client shall be responsible for: •Prepare H&S specifications •Provide Agent or contractor with information R •Appoint Principle contractor in writing •Ensure that Principle contractors health and safety plan is implemented •Monthly audits be carried out C •Stop any work which is not in accordance with the H&S Plan •If changes occur information and resources must be provided •Verify registration of contractor with COID •Ensure that Contractor budgeted for health and safety •Discuss and verify competencies and approve H&S Plan •May appoint an agent in writing •Client must ensure that agent has required competence ConstructionRegulation G 5. Principal Contractor and Contractor Principle contractor shall: S •Provide a documented H&S plan •Ensure co-operation with all contractors •Shall be responsible to: R •Provide any contractor who is making a bid with the H&S specifications of the work to be performed •Appoint each contractor in writing •Ensure that each contractors H&S plan is implemented and maintained on site by means of monthly audits C •Stop any unauthorized work •Managing changes to design and ensure that resources are available to provide for H&S •Ensure proper registration of contractor •Ensure that contractor is in position to provide for H&S •Contractor must provide a documented H&S Plan for duration of work •Must approve the contractors plan •Both H&S plans are available •Hand over a consolidated H&S File to client on completion of work •Documented list of all contractors and agreements must be available •Ensure competence •Responsibilities shift to contractor if another contractor is appointed •Contractors shall co-operate with Principle contractor and provide information which might affect the health and safety of any person ConstructionRegulation G 6. Supervision of construction work S •Contractor shall appoint in fulltime a competent supervisor or more •Every such person shall have the same duties, R •Inspector may direct to appoint more supervisors under sub- regulation 2 •Only supervise on the site for which person is appointed C •May appoint in fulltime or part-time a safety officer •Safety officer must be involved in design phases, if not definitely in the development of H&S Plan • The contractor must be satisfied that the safety officer must be competent to assist the contractor. ConstructionRegulation G 7. Risk assessment S Identify Mitigate R Develop plans- SWP etc Training-Induction (Proof of training) Supervision Educate C Inform Instruct Enforce Revise HIRA must be documented and available ConstructionRegulation G 8. Fall protection S A contractor shall cause- •Designation of competent person to prepare fall protection plan •Implemented and amended and maintained R •Steps to be taken to ensure adherence to plan •The plan shall include: C •A risk assessment •physical and psychological fitness evaluation •Training program •Procedure for testing, inspection and maintenance of equipment •construction supervisor with an updated version of plan •All unprotected areas are enclosed, all elevated work must be performs as if on ladder or on scaffold •Place notices in dangerous places and to ensure that fall arrest equipment are securely attached ConstructionRegulation G 8. Fall protection (Cont) S •Try to prevent injuries from surroundings if person fall •Roof work must be properly planned and erectors are competent, and that no persons must work on roof when weather conditions pose a hazard R •Warnings must be posted if covers of openings are not sufficient to hold loads and such areas must be barricaded •Suitable platforms, Barriers and toe boards are provided over such areas C ConstructionRegulation G 9. Structures S A contractor shall ensure that- •All reasonable steps are taken to prevent the collapse of old or new structure •No structure or plant is to be loaded in a manner which would render it unsafe R •The designer of a structure shall •Before the contract is put out to tender, make available to the client all information about the design of the relevant structure that may affect the pricing of the construction work C •Inform the contractor in writing of any hazards •Ensure that following information is included: •Geo-science technical report •Loading which the structure is designed to withstand •Excluding any dangerous procedures or material that could be substituted •Information regarding the hazards related to maintenance of structure •Carry out compliance inspections, and stop any work outside safety scope •Conduct final inspection prior to commissioning and issue a compliance certificate ConstructionRegulation G S 9. Structures (Cont) •Ensure that during commissioning cognizance is taken of R ergonomic design principles in order to minimize ergonomic related hazards in all phases of the life cycle of a structure •All documents and drawings are kept on site C •The owner of the building shall ensure that the building will be subjected to inspections at least six monthly for the first two years and there after yearly by a competent person •The owner shall ensure that the structure is maintained to ensure that the structure remains safe for use ConstructionRegulation G 10. Formwork and support work S A contractor shall ensure that- •All form/support work are done under supervision •All form/support work must be able to with stand any vertical and lateral loads R •Designs of form/support work must be done with close reference to the structural design drawings, if uncertain consult the designer •All drawings must be kept on site C •All equipment must be inspected and examined by competent person •Competent person must inspect all form/support work structures before, during and after placement of concrete, and there after daily until form/support structure has been removed- results must be logged in register •If work is damaged or weakened it must be re-enforced or removed •Adequate precautions are taken to ensure deck panels against displacement and prevent any person from slipping on on support/form work or release agent ConstructionRegulation G S 10. Formwork and support work (Cont) •The health of any person is not affected through the use of solvents or oils or any other similar substances. R •Upon casting concrete, the support work or formwork structure should be left in place and not removed until authorisation has been given by the competent person contemplated in paragraph (a). •Provision is made for safe access by means of secure ladders or C staircases for all work to be carried out above the foundation bearing level. •All are provided with adequate training and instruction •The foundation conditions are suitable to withstand the weight and any imposed loads ConstructionRegulation G 11. Excavation work •A contractor shall ensure that all excavation work is carried out under the supervision of a competent person S •Evaluate stability of ground before work commence. •Every contractor who performs excavation work shall- •Prevent persons from being trapped; R •Not permit work in excavations which is not Provided that shoring and bracing may not be necessary where- shored •the sides of the excavation are sloped to at least the maximum angle C of response measured relative to the horizontal plane; •such an excavation is in stable material: Provided that permission being given in writing by the appointed competent person •If any uncertainty of the stability of soil exists the finding of the competent engineer or technologist will be decisive •Ensure that shoring and bracing will be adequate to prevent collapsing •No load must be place near the edges that could cause collapsing •Stabilise adjacent buildings or structures that could be affected by the excavation ConstructionRegulation G 11. Excavation work (Cont) S •Provide safe access not further than 6 meters •The location and nature of electricity, water, gas •Cause every excavation, including all bracing and shoring, to be R inspected- daily, prior to each shift; after every blasting operation; after an unexpected fall of ground; after substantial damage to supports; and after rain, by the competent person contemplated in sub regulation •results are to be recorded in a register kept on site C •cause every excavation which is accessible to the public or which is adjacent to public roads or thoroughfares, or whereby the safety of persons may be endangered, to be- ConstructionRegulation G 11. Excavation work (Cont) S •Barrier or fence of at least one metre in height •provided with warning illuminants; R •ensure that all precautionary measures as stipulated for confined spaces are complied with when entering any excavation; •involves the use of explosives, a method statement is developed in accordance C with the applicable explosives legislation •cause warning signs to be positioned next to an excavation within which persons are working or carrying out inspections or tests. ConstructionRegulation G 12. Demolition work • A contractor shall appoint a competent person in writing S •A detailed structural engineering survey must be carried out by a competent person and that a method statement be followed in demolishing the structure •Competent shall check integrity of structure to avoid pre-mature collapses R •Every contractor shall: •no part of the structure is overloaded with debris •Avoid the danger of collapsing when any part of the building or structure is C removed or cut •Prevent the collapsing of the structure onto any other adjacent structure •Not permitting to work on/under overhanging material or structure, which is not adequately supported, shored or braced •Where the stability of adjacent structures may be affected, steps must be taken to ensure the stability of such structure •Ascertain itself of any supply lines ConstructionRegulation G 12. Demolition work (Cont) S •Illuminate stairwells and floors adequately where demolition work is performed •Provide safe access to work site R •Erect a catch platform or net above entrance •No material is to be dropped outside the walls of the building unless it is safe C •A chute may only be used to dispose debris/waste when it is adequately constructed, inclined more 45 degrees and enclosed at four sides, less than 45 it may be open, and where necessary fitted with a gate at the bottom and it is discharged into a container or an enclosed area. It is important that rubble do not free fall •Ensure strength of floors •All asbestos/lead related work must be done iaw applicable regulation •If explosives will be used a method statement must be developed iaw the applicable explosives regulation •All debris and waste must be removed as soon as possible ConstructionRegulation G 13. Tunnelling S Any contractor performing tunnelling activities shall comply with the Tunnelling Regulations as published under the Mine Health and Safety Act, R 1996 (Act No 29 of 1996), as amended. Notwithstanding the provisions of sub regulation (1), no person shall enter C a tunnel, which has a height dimension less than 800 mm. ConstructionRegulation G 14. Scaffolding S Every contractor using access scaffolding, shall ensure that such scaffolding, when used, complies with the safety standards incorporated R for this purpose into these Regulations under section 44 of the Act. A contractor shall ensure that all scaffolding work operations are carried C out under the supervision of a competent person who has been appointed in writing and that all scaffold erectors, team leaders and inspectors are competent to carry out their work. ConstructionRegulation G 15. Suspended platforms S •Appoint a competent supervisor for suspended platform work •A platform may only be used when it complies with safety standards, with a certificate of system design, with a operational compliance plan developed by competent person R •Forward certificate to Provincial Director •No need for re-submission for every new project •Outriggers must be constructed of steel and a safety factor of at C least four •Have suspension points provided with stop devices or other effective devices at the outer ends to prevent the displacement of ropes. A contractor shall ensure that- the parts of the building or structure on which the outriggers are supported, are checked by means of calculations to ensure that the required safety factor is adhered to without risk of damage to the building or structure; ConstructionRegulation G S 15. Suspended platforms (Cont) •the suspension wire rope and the safety wire rope are separately connected to the outrigger; R •each person is provided with and wears a safety harness •Prevent uncontrolled movement; •the operation machinery is so situated that it is easily accessible for C inspection; •the rope connections to the outriggers are vertically above the connections to the working platform; and ConstructionRegulation G S 15. Suspended platforms (Cont) •is suspended as near as possible to the structure to which work is R being done •is fitted with anchorage points •is fitted with a conspicuous notice showing the maximum mass load C A contractor shall cause platform to be- •examined in accordance with the manufacturer's specification; •the whole installation to be subjected to a performance test ConstructionRegulation G S 15. Suspended platforms (Cont) R •the performance test contemplated in paragraph to be done by a competent person •subjected to a load equal to that prescribed by the manufacturer or, in C the absence of such load, to a load of 110 per cent of the rated mass load, at intervals not exceeding 12 months •Examine all parts with maximum intervals of three months ConstructionRegulation G 15. Suspended platforms (Cont) S A daily inspection of all the equipment prior to use, including establishing whether- •all connection bolts are secure; R •all safety devices are functioning; •all safety devices are not tampered with or vandalized; •the maximum mass load of the platform is not exceeded; C •the occupants in the suspended platform are using safety harnesses which have been properly attached; •there are no visible signs of damage to the equipment; and •all reported operating problems have been attended to. A contractor shall ensure that all inspection and performance test records are kept on the construction site at all times and made available to an inspector, client, client's agent or employee upon request. ConstructionRegulation G 15. Suspended platforms (Cont) A contractor shall ensure that all employees required to work or to be S supported on a suspended platform are- •physically and psychologically fit in possession of a medical certificate of fitness; •competent R •trained or had received training which include at least- i) how to access and egress the suspended platform safely; ii) how to correctly operate the controls and safety devices of C the equipment; iii) information on the dangers related to the misuse of safety devices; and iv) information on the procedures to be followed in the case of- (aa) an emergency; (bb) the malfunctioning of equipment; (cc) the discovery of a suspected defect v) instructions on the proper use of safety harnesses. ConstructionRegulation G S 15. Suspended platforms (Cont) Where the outrigger is to be moved, the contractor shall ensure that only persons trained and competent to effect such move, perform this task and that an inspection be carried out and the results thereof be recorded by the R competent person prior to re-use of the suspended platform. A contractor shall ensure that the suspended platform is properly isolated after use at the end of each working day such that no part of the suspended platform will present a danger to any person thereafter. C ConstructionRegulation G 16. Boatswain's chairs S A contractor shall ensure that every boatswain’s chair or similar device is securely suspended and is constructed in such a manner so as to R prevent any occupant from falling there from. The contractor shall ensure that an inspection is carried out prior and a performance test immediately after, the boatswain chair has been erected and thereafter a visual inspection should be carried out on a C daily basis prior to use. ConstructionRegulation G S 17. Material hoists Material hoist and its tower have been constructed of sound material R A contractor shall cause the tower of every material hoist to be- •erected on firm foundations •enclosed on all sides at the bottom, C •provided with a door or gate at least 2100 mm in height at each landing and such door or gate shall be kept closed, except when the platform is at rest at such a landing. ConstructionRegulation G S 17. Material hoists (Cont) R A contractor shall cause- •the platform shall safely contain the loads being conveyed •Protect the rope against damage C •Provided with a brake to hold load All plant and machinery transported must be adequately secured Place notices regarding maximum load. ConstructionRegulation G 17. Material hoists (Cont) S •Person must be competent to operate hoist •Person may not ride on a material hoist. R • A contractor shall cause every material hoist- •to be inspected on a daily basis •include the determination of the serviceability of the entire material C hoist •inspection results to be entered and signed in a record book •to be properly maintained and that the maintenance records in this regard are kept on site. ConstructionRegulation G S 18. Batch plants Batch plants are operated and supervised by a competent person Comply with specification of manufacturer. R devices to start and stop a batch plant are provided and that these devices are- •placed in an easily accessible position; and C •constructed in such a manner as to prevent accidental starting. dangerous moving parts of a mixer are placed beyond the reach of persons by means of doors, covers or other similar means. No person shall be permitted to remove or modify any guard or safety equipment unless authorized ConstructionRegulation G S 18. Batch plants (Cont) All persons authorized to operate the batch plant are fully- •aware of all the dangers R •conversant with the precautionary measures •No person supervising or operating a batch plant shall authorize any other person to operate the plant, unless such person is competent to operate such machinery. C A contractor shall ensure that all precautionary measures are adhered to when entering any silo. A contractor shall ensure that a record is kept of any repairs or maintenance to a batch plant ConstructionRegulation G 19. Explosive Power tools No contractor shall use or permit any person to use an explosive S powered tool, unless- •it is provided with a protective guard around the muzzle end, •the firing mechanism is so designed that the explosive powered tool R will not function unless- •it is held against the surface with a force of at least twice its weight; and •the angle of inclination of the barrel to the work surface is not C more then 15 degrees from a right angle: A contractor shall ensure that- •only cartridges suited for the explosive powered tool and the work to be performed are used; ConstructionRegulation G 19. Explosive Power tools(Cont) S • is cleaned and examined daily before use by a competent person • that the safety devices are in proper working order prior to use; R • • when not in use, locked up in a safe place not stored in a loaded condition; • a warning notice is displayed in a conspicuous manner wherever C the explosive powered tool is used; • the issuing and collection of cartridges and nails or studs is- • controlled • recorded in a register Provide training and PPE ConstructionRegulation G S 20. Cranes A contractor shall ensure that where tower cranes are used- R •account is taken of the effects of wind •account is taken of the bearing capacity of the ground •the bases for the tower cranes and tracks for rail-mounted tower cranes are firm and level; C •erected at a safe distance from excavations; •there is sufficient clear space •the tower crane operators are competent •the tower crane operators are physically and psychologically ConstructionRegulation G Group work S Discuss assignment in groups and indicate to the rest of the class in 5 minutes what the stipulations of the regulation require and importantly what steps you will follow to establish legal compliance R Group one: 21 C Group two: 23 Group three: 27 Group four: 22 & 24 Group Five: 25 & 29 Group six: 26 & 29 ConstructionRegulation G 21. Construction vehicles and mobile plant S A contractor shall ensure that all construction vehicles and mobile plants- •are of an acceptable design and construction; R •are maintained in a good working order; •are used in accordance with their design •are operated by workers who- C •have received appropriate training and been certified competent •are physically and psychologically fit to operate •have safe and suitable means of access; •are properly organised and controlled in any work situation ConstructionRegulation G 21. Construction vehicles and mobile plant (Cont) S •are prevented from falling into excavations, water or any other area lower than the working R •protect the operator from falling material or from being crushed •are equipped with an electrically operated acoustic signalling device and a reversing alarm; and C •are on a daily basis inspected prior to use, •A contractor shall furthermore ensure that- •no person rides or be required or permitted to ride on •every construction site is organised in such a way that pedestrians and vehicles can move safely and without risks to health; •the traffic routes are suitable for the persons using them ConstructionRegulation G S 21. Construction vehicles and mobile plant (Cont) Every traffic route is, where necessary indicated by suitable signs for reasons of health or safety; R •Fitted with lights and reflectors •When repaired fully locked out; •all mobile plant are equipped with at least two headlights and two taillights C when in operation; •tools and material are secured in order to prevent movement •vehicles used to transport employees have seats firmly secured •when workers are working on or adjacent to public roads, reflective indicators are provided and worn by the workers. ConstructionRegulation G S 22. Electrical installations and machinery on construction sites A contractor shall ensure that- R •Take steps to guard employees against •all parts of electrical installations and machinery are of adequate strength to withstand the working conditions on construction sites; C •in working areas where the exact location of underground electric power lines is unknown, employees using jackhammers, shovels or other hand tools which may make contact with a power line, are provided with insulated protective gloves or otherwise that the handle of the tool being used is insulated; •all temporary electrical installations are inspected at least once a week and electrical machinery on a daily basis before use on a construction site by competent persons and the records of these inspections are recorded in a register to be kept on site; and ConstructionRegulation G S 23. Use and temporary storage of flammable liquids on construction sites R A contractor shall ensure that- •where flammable liquids are being used, applied or stored at the workplace concerned, No fire or explosion hazard and ventilated C •every employee involved is provided with a respirator, mask or breathing apparatus of a type approved by the chief inspector, and •Enforce the use of PPE; •no person smokes in any place •flammable liquids on a construction site is stored in a well-ventilated reasonably fire resistant container, cage or room and kept locked with proper access control measures in place; ConstructionRegulation G S 23. Use and temporary storage of flammable liquids on construction sites (Cont) R •an adequate amount of efficient fire-fighting equipment is installed •only the quantity of flammable liquid needed for work on one day •all containers holding flammable liquids are kept tightly closed C •where flammable liquids are decanted, the metal containers are bonded or earthed; and •no flammable material such as cotton waste, paper, cleaning rags or similar material is stored together with flammable liquids. ConstructionRegulation G 24. Water environments S A contractor shall ensure that where construction work is done over or in close proximity to water, provision is made for- R •preventing workers from falling into water; and • the rescuing of workers in danger of drowning. A contractor shall ensure that where a worker is exposed to the risk of drowning by falling into the water, a lifejacket is provided to and worn by C the worker. ConstructionRegulation G S 25. Housekeeping on construction sites A contractor shall ensure that- •suitable housekeeping is continuously implemented on each construction site, including provisions for the- R • proper storage of materials and equipment; and • removal of scrap, waste and debris at appropriate intervals; •loose materials required for use, are not placed or allowed to accumulate on the site so as to obstruct means of access to and egress from workplaces C and passageways; ConstructionRegulation G S 26. Stacking and storage on construction sites Notwithstanding the provisions for the stacking of articles contained in the General Safety Regulations promulgated by Government Notice No. R 1031, dated 30 May 1986, as amended, a contractor shall ensure that- R •a competent person is appointed in writing with the duty of supervising all stacking and storage on a construction site; C •adequate storage areas are provided; •there are demarcated storage areas; and •storage areas are kept neat and under control. ConstructionRegulation G 27. Fire precautions on construction sites S Every contractor shall ensure that- •all appropriate measures are taken to avoid the risk of fire; •sufficient and suitable storage is provided for flammable liquids, solids and gases; R •smoking is prohibited •in confined spaces and other places in which flammable gases, vapours or dust can cause danger- C •only suitably protected electrical installations and equipment, including portable lights, are used; •there are no flames or similar means of ignition; •there are conspicuous notices prohibiting smoking; •oily rags, waste and other substances liable to ignite are without delay removed to a safe place; and •adequate ventilation is provided; •combustible materials do not accumulate on the construction site; •welding, flame cutting and other hot work are done only after the appropriate precautions as required have been taken to reduce the risk of fire; ConstructionRegulation G 27. Fire precautions on construction sites (Cont) S •suitable and sufficient fire-extinguishing equipment is placed at strategic locations •the fire equipment contemplated in paragraph (g) is inspected by a competent person, R •a sufficient number of workers are trained •where appropriate, suitable visual signs are provided to clearly indicate the escape routes in the case of a fire; C •the means of escape is kept clear at all times; •there is an effective evacuation plan providing for all- •persons to be evacuated speedily without panic; •persons to be accounted for, and •plant and processes to be shut down; and •a siren is installed and sounded in the event of a fire, ConstructionRegulation G 28. Construction welfare facilities S A contractor shall, depending on the number of workers and the duration of the work, provide at or within reasonable access of every construction site, the following clean and maintained facilities- •at least one shower facility for every 15 workers; R •at least one sanitary facility for every 30 workers; •changing facilities for each sex; and •sheltered eating areas. C A contractor shall provide reasonable and suitable living accommodation for the workers at construction sites which are remote from their homes and where adequate transportation between the site and their homes, or other suitable living accommodation, is not available. 29. Approved Inspection Authorities The Chief Inspector may approve as an Inspection Authority any organization that has been accredited in terms of the provision of the Act and these regulations. The Chief Inspector may at any time withdraw any approval of ConstructionRegulation Welcome G S G lobal R C ustainable isk ontrol S NHI Regulation Module Two R C YOUR PARTNER IN SUSTAINABLE GROWTH ConstructionRegulation G 1. Definitions "approved noise inspection authority" S Means an approved inspection authority for the monitoring of noise in the workplace; "assessment" Means a programme to determine any risk from exposure to noise associated with the workplace in order to identify the steps that need to be taken to remove, reduce R or control such hazard; "attenuation of hearing protectors" Means hearing protectors with the proven capability of reducing the sound exposure C to which the wearer thereof is exposed; "audiogram" Means a chart, graph or table indicating the hearing threshold levels of an individual as a function of frequency, (namely 0,5, 1,2,3,4,6 and 8 kilohertz), as determined during a measurement of a person’s hearing threshold levels by means of a monaural, pure tone, air-conduction threshold test; "Compensation Commissioner" Means the Compensation Commissioner appointed under section 2(1)(u) of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993); ConstructionRegulation G "competent person" Means - S a) a person registered in terms of the Health Professions Act, 1974 (Act No. 56 of 974), with the Health Professions Council of South Africa in any of the following three categories : i) Ear, nose and throat specialist; R ii) iii) speech therapist and audiologist; or occupational medicine practitioner; or C b) a person with a qualification in audiometric techniques obtained from an institution registered with the South African Qualification Authority or any of its structures in terms of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995), and registered with the South African Society for Occupational Health Nursing (SASOHN); "exposed" Means exposed to noise while at a workplace and "exposure" has a corresponding meaning; ConstructionRegulation G "General Administrative Regulations" Means the General Administrative Regulations published under S section 43 of the Act in Government Notice No. R.1449 of 6 September 1996; "health and safety standards" R Means the health and safety standards that have been incorporated in these regulations under section 44 of the Act; C "hearing protective equipment" Means earmuffs or earplugs which are of a type, or conform to a standard, approved by the Minister; "Instruction No. 171" Means the Compensation Commissioner’s Circular Instruction No. 171 and Supplement entitled Determination of Permanent Disablement Resulting from Noise Induced Hearing Loss and Trauma; ConstructionRegulation G "noise-rating limit" S Means the value of the 8-hour rating level, 85 &A at and above which hearing impairment is likely to result; "SABS 083" R Means the Code of Practice for the Measurement and Assessment of Occupational Noise for Hearing Conservation Purposes, SABS 083, published by the South African Bureau of Standards; C "the Act" means the Occupational Health and Safety Act,1993 (Act No. 85 of 1993); "%-hour rating level" means the rating level normalized to a nominal 8-hour working day as indicated in SABS 083. ConstructionRegulation G S 2. Scope of application R These regulations shall apply to an employer or self-employed person who, at any workplace under his or her control, carries out work that may expose any person at that workplace to noise at or above the noise-rating C limit. ConstructionRegulation G S 3. Exposure to noise R Subject to regulations 9 and 10, no employer or self-employed person shall require or permit any person to enter any workplace under his or her control where such person will be exposed to noise at or above the 85 dBA noise rating limit. C ConstructionRegulation G 4. Information and training An employer shall, establish the noise-rating limit and develop a training S programme that incorporates the following – •the content and scope of these regulations; •the potential sources of exposure to noise; •the potential risks to health and safety R •the measures taken to protect an employee •the precautions to be taken by the employees to protect themselves •the necessity, correct use, maintenance and limitations of hearing protectors, •the assessment of exposure, the purpose of noise monitoring; the necessity for C medical surveillance and the long-term benefits and limitations of undergoing such surveillance; • the noise-rating limit for hearing conservation and it’s meaning; •the procedures for reporting, correcting and replacing defective personal hearing protectors and for engineering noise control measures; ConstructionRegulation G S 4. Information and training (Cont) R The training be conducted prior to the placement of the employee. Refresher training shall be conducted annually The training shall be provided by a person who is competent to do C An employer or self-employed person shall ensure employees are given adequate information, instruction and training. An employer shall keep a record of any training that is given to an employee in terms of this regulation. ConstructionRegulation G 5. Duties of persons who may be exposed to noise Any person who is or may be exposed to noise shall obey any lawful order given S to him or her regarding – •the use of measures adopted for noise control; •the immediate reporting of defective, damaged or lost noise control equipment R to the health and safety representative or the employer; •the use of personal hearing protectors where provided; •a prohibition to enter or remain in an area where personal hearing protectors are required unless the person is authorized to do so and is wearing the required hearing C •co-operation with the employer in his or her task of determining the employee's noise exposure, which may include the wearing of personal sound exposure meters; • the reporting for medical surveillance • information and training received ConstructionRegulation G 6. Assessment of potential noise exposure S An employer or self-employed person shall – •in respect of a workplace under his or her control cause an assessment to be R done within six months after the commencement of these regulations and thereafter at intervals not exceeding two years, •take into account and keep a record of relevant factors, including the following – C •The noise sources to which a person may be exposed; •adverse health effects that the excessive noise may have on persons; •the extent to which a person may be exposed; and •the nature of the work process and any reasonable deterioration in or failure of any control measures. ConstructionRegulation G 6. Assessment of potential noise exposure (Cont) An employer or self-employed person shall forthwith review an assessment if S – •there is reason to believe that such assessment is no longer valid; •control measures are no longer efficient; R •technological or scientific advances allow for more efficient control methods; or •there has been a significant change in – •work methods; C • the type of work carried out; or •the type of equipment used to control exposure, •and sub regulations (2) and (3) shall apply for such review assessment. ConstructionRegulation G 7. Noise monitoring If exposure is present, the employer shall ensure that measurement programme S of noise exposure for that workplace is; •carried out in accordance with the provisions of these regulations; •carried out only after the relevant health and safety representative or relevant R health and safety committee has been informed thereof and given a reasonable period, as mutually agreed upon, to comment thereon; •carried out by an approved noise inspection authority; and In order to comply an employer shall ensure – C •that the measurement programme, in the case where a number of employees work in an are of approximately equal noise level, makes provision for the selection of not less than three locations which are representative of the positions occupied by employees well distributed over the area under investigation, and for the taking of measurements at each position as contemplated in SABS 083; ConstructionRegulation G S 7. Noise monitoring (Cont) •that the measurement programme, in the case of an employee working at an approximately fixed location relative to the noise source, makes provision for the measurement to be taken at the approximate position of the person’s ear R that receives the higher noise level as contemplated in SABS 083; and •that representative measurements are carried out at least every 24 months: C •An employer shall ensure that the results of measurements are recorded in the record ConstructionRegulation G 8. Medical surveillance S An employer shall establish and maintain a system of medical surveillance ensure that the medical surveillance– •consists of a baseline audiogram which is recorded – R •in the case of a new employee, before the employee commences employment or within 30 days of commencement of such employment; or • in the case of all other employees in the employment of the employer, before 16 November 2003; and C •consists of a periodic audiogram which is conducted in accordance with SABS 083 and which, during the first three years of employment, is obtained at least annually and thereafter at intervals which may be extended to a maximum period of two years if no referral threshold shift is evident: Provided that – •employees exposed to equal or exceeds an 8-hour rating level of 105 dBA shall undergo audiometric testing at 6-monthly tests may be extended to a maximum interval of one year ConstructionRegulation G 8. Medical surveillance (Cont) An employer shall ensure that – S •copies are entered into the employee’s record of medical surveillance; •a copy is given to the employee when he or she leaves the employment of that employer; •new employees provide him or her with their baseline audiograms, exit R audiograms or most recent audiograms and the percentage of loss of hearing •in the case of an employee whose percentage loss of hearing has deteriorated by 10% or more since the baseline audiogram was recorded or an employee for whom no baseline audiogram is available but who has a 10% or more loss of C hearing that is not obviously due to medical causes, and that has been confirmed by a repeat audiogram – •the relevant health and safety committee or the relevant health and Safety representative is informed of the finding; • the employee is retrained and re-instructed •noise control measures are reassessed; and • such hearing loss is reported to the provincial director ConstructionRegulation G 9. Noise zone S An employer or self-employed person shall ensure that – •noise is at or above the noise-rating limit, that workplace or part thereof is R zoned as a noise zone; •a noise zone is clearly demarcated and identified by a notice •no person enters or remains in a noise zone unless he or she wears the C required hearing protective equipment; and •the reason why noise exposure is at or above the noise-rating limit is identified. ConstructionRegulation G 10. Control of noise exposure S An employer or self-employed person shall ensure that the exposure of a person to noise is either prevented or, where this is not reasonably practicable, adequately controlled.. reduce exposure to noise by implementing noise control measures in the R following order of priority : •Engineering control C •administrative control •PPE. ConstructionRegulation G 11. Record S An employer or self-employed person shall – •keep records of the results of all assessments, R •available for inspection by an inspector; •subject to the formal written consent of an employee, allow any person to peruse the records with respect to that particular employee; C •make the records of all assessments and noise monitoring available •keep all records of assessments and noise monitoring for a minimum period of 40 years; ConstructionRegulation G 11. Record(Cont) S keep all medical surveillance records, including the baseline audiogram of every employee, for a minimum period of 40 years •a record of the types of work carried out that caused noise R exposure and, where relevant, their location, with starting and finishing dates and with average duration of exposure in hours per week; •a record of any previous work-related noise exposure prior to an C employee’s current employment; and •the dates of medical surveillance and results of all audiograms; and keep a record of training given to an employee in terms of regulation 4(6) for as long as the employee remains employed at the workplace in which he or she is being exposed to noise. ConstructionRegulation G 12. Hearing protective equipment S Where hearing protective equipment is provided, an employer or self-employed person shall ensure that – •the equipment is capable of keeping the exposure below the noise-rating limit; R • the equipment is correctly selected and properly used; •employees receive the information, instruction, training and supervision that are necessary with regard to the use of the equipment; and • the equipment is kept in good condition and efficient working order. C An employer or self-employed person shall, as far as is reasonably practicable – •issue no reusable hearing protective equipment to any person, unless the hearing protective equipment is properly decontaminated and, where appropriate, sterilized; •provide separate containers or storage facilities for hearing protective equipment when not in use; and •ensure that all hearing protective equipment not in use is stored only in the place provided for it. ConstructionRegulation G 13. Maintenance of control measures S Every employer or self-employed person shall ensure that anything that he or she provides for the benefit of employees in compliance with his or her duties under these regulations – R •is fully and properly used; and •is maintained in an efficient state, in good working order and in good repair C and cleanliness.
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