When is a safety file required and what must the contractor know?

Safety File

Every contractor and sub-contractor is required by the Occupational Health and Safety Act 85 of 1993 and the Construction Regulations 2014, to have a  Safety File that must be available at all times. The Occupational Health and Safety Act 85 of 1993 and Construction Regulations 2014 state the following:

  • Construction Regulation 3(6)– A client must ensure that the principle contractor keeps a copy of the construction work permit contemplated in sub-regulation (1)  in the occupational health and safety file for inspection by an inspector, the client, the client’s authorized agent, or an employee;
  • Construction Regulation 5(1)(s)– The client must ensure that health and safety file contemplated  in regulation 7(1)(b) is kept and maintained by the principal contractor;
  • Construction Regulation 7(1)(b) –A principal contractor must open and keep on-site a health and safety file which must include all documentation required in terms of the Act and these Regulations, which must be made available on request to an inspector, the client, the client’s agent or a contractor.

There is no prescribed format for a safety file in the OHS Act, Construction Regulation 7(1)(b) –A principal contractor must open and keep on-site a health and safety file which must include all documentation required in terms of the Act and these Regulations. However, the client or clients agent may prescribe a standard or format in the client’s health and safety specifications. How much does a Safety File Cost? this is the first question someone asks when they phone me. Health and Safety File prices differ drastically from one company to the next. So How much is a Safety File? Well, that depends on the company you choose to work with. There are no set prices for a health and safety file. The price is determined by the consultant you use for the file. We have seen prices from between R1000 – R20000. The price would also depend on the size of the project and the risks involved. You should be careful to simply use the cheapest contractor. Make sure that your consultant is competent and SACPCMP registered A safety file is a very important part of your project and you don’t want to compromise on quality or face legal compliance issues, delays, and non-payments.