Duties of the Client

What is the duties of the client according to the Construction Regulations ,2014

Application for construction work permit
3. (1) A client who intends to have construction work carried out, must at least 30 days before that work is to be carried out apply to the provincial director in writing for a construction permit to perform construction work if the intended construction work will—
(a) exceed 180 days;
(b) will involve more than 1800 person days of construction work; or
(c) the works contract is of a value equal to or exceeding thirteen million rand or
Construction Industry Development Board (CIDB) grading level 6.
(2) An application contemplated in sub regulation (1) must be done in a form similar to
Annexure 1.
(3) The provincial director must issue a construction work permit in writing to perform construction work contemplated in sub regulation (1) within 30 days of receiving the construction work permit application and must assign a site specific number for each construction site.
(4) A site specific number contemplated in sub regulation (3) must be conspicuously displayed at the main entrance to the site for which that number is assigned.
(5) A construction work permit contemplated in this regulation may be granted only if—
(a) the fully completed documents contemplated in regulation 5(1)(a) and (b) have been submitted; and
(b) proof in writing has been submitted—
(i) that the client complies with regulation 5(5)
(ii) with regard to the registration and good standing of the principal contractor
as contemplated in regulation 5(1)(j); and
(iii) that regulation 5(1)(c), (d), (e), (f), (g) and (h) has been complied with.
(6) A client must ensure that the principal contractor keeps a copy of the construction work
permit contemplated in subregulation (1) in the occupational health and safety file for inspection by an inspector, the client, the client’s authorised agent, or an employee.
(7) No construction work contemplated in subregulation (1) may be commenced or carried out before the construction work permit and number contemplated in subregulation (3) have been issued and assigned.
(8) A site specific number contemplated in subregulation (3) is not transferrable.
Notes:
a) Refer to exemption issued by the Chief Inspector.
b) The 30 days required to issue a Construction Work Permit is on condition that all correct and fully completed documents are submitted as per the attached ‘list of items (not limited to) to be submitted with the construction work permit application’.
c) Where any person aggrieved by any decision taken by an inspector in relation to the application of a Construction Work Permit under a provision of this regulation
may appeal against such decision to the chief inspector in terms of Section 35.
d) The Construction Work Permit shall be issued to the Client for whom the Construction work is conducted.

Duties of client
5. (1) A client must—
(a) prepare a baseline risk assessment for an intended construction work project;
(b) prepare a suitable, sufficiently documented and coherent site specific health and safety specification for the intended construction work based on the baseline risk assessment contemplated in paragraph (a);
(c) provide the designer with the health and safety specification contemplated in paragraph (b);
(d) ensure that the designer takes the prepared health and safety specification into consideration during the design stage;
(e) ensure that the designer carries out all responsibilities contemplated in regulation
6;
(f) include the health and safety specification in the tender documents;
(g) ensure that potential principal contractors submitting tenders have made adequate provision for the cost of health and safety measures;
(h) ensure that the principal contractor to be appointed has the necessary competencies and resources to carry out the construction work safely;
(i) take reasonable steps to ensure co-operation between all contractors appointed by the client to enable each of those contractors to comply with these Regulations;
(j) ensure before any work commences on a site that every principal contractor is registered and in good standing with the compensation fund or with a licensed compensation insurer as contemplated in the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);
(k) appoint every principal contractor in writing for the project or part thereof on the construction site;
(l) discuss and negotiate with the principal contractor the contents of the principal contractor’s health and safety plan contemplated in regulation 7(1), and must thereafter finally approve that plan for implementation;
(m) ensure that a copy of the principal contractor’s health and safety plan is available on request to an employee, inspector or contractor;
(n) take reasonable steps to ensure that each contractor’s health and safety plan contemplated in regulation 7(1)(a) is implemented and maintained;
(o) ensure that periodic health and safety audits and document verification are conducted at intervals mutually agreed upon between the principal contractor and any contractor, but at least once every 30 days;
(p) ensure that a copy of the health and safety audit report contemplated in paragraph
(o) is provided to the principal contractor within seven days after the audit;
(q) stop any contractor from executing a construction activity which poses a threat to the health and safety of persons which is not in accordance with the client’s health and safety specifications and the principal contractor’s health and safety plan for the site;
(r) where changes are brought about to the design or construction work, make sufficient health and safety information and appropriate resources available to the principal contractor to execute the work safely; and
(s) ensure that the health and safety file contemplated in regulation 7(1)(b) is kept and maintained by the principal contractor.
(2) Where a client requires additional work to be performed as a result of a design change or an error in construction due to the actions of the client, the client must ensure that sufficient safety information and appropriate additional resources are available to execute the required work safely.
(3) Where a fatality or permanent disabling injury occurs on a construction site, the client must ensure that the contractor provides the provincial director with a report contemplated in section 24 of the Act, in accordance with regulations 8 and 9 of the General Administrative Regulations, 2013, and that the report includes the measures that the contractor intends to implement to ensure a safe construction site as far as is reasonably practicable.
(4) Where more than one principal contractor is appointed as contemplated in subregulation
(1)(k), the client must take reasonable steps to ensure co-operation between all principal contactors and contractors in order to ensure compliance with these Regulations.
(5) Where a construction work permit is required as contemplated in regulation 3(1), the client must, without derogating from his or her health and safety responsibilities or liabilities, appoint a competent person in writing as an agent to act as his or her representative, and where such an appointment is made the duties that are imposed by these Regulations upon a client, apply as far as reasonably practicable to the agent so appointed.
(6) Where notification of construction work is required as contemplated in regulation 4(1), the client may, without derogating from his or her health and safety responsibilities or liabilities, appoint a competent person in writing as an agent to act as his or her representative, and where such an appointment is made the duties that are imposed by these Regulations upon a client, apply as far as reasonably practicable to the agent so appointed: Provided that, where the
question arises as to whether an agent is necessary, the decision of an inspector is decisive.
(7) An agent contemplated in subregulations (5) and (6) must—
(a) manage the health and safety on a construction project for the client; and
(b) be registered with a statutory body approved by the Chief Inspector as qualified to perform the required functions;
(8) When the chief inspector has approved a statutory body as contemplated in subregulation
(7)(b), he or she must give notice of that approval in the Gazette.
Notes
a) Regulation 5(1)d must be read with regulation 6, the duties of the designer and a written report must be submitted to the Client by the Designer as proof of compliance with the afore said regulation.
b) Regulation 5(1)(i) Where there are multiple principle contractors (or contractors) on site appointed by the client , the client shall coordinate cooperation between contractors to ensure health and safety control, read with regulation 7(4).
Regulation 5 (5); (6) and (7) .
c) Where a client specifies which contractors a principal contractor must appoint the duties as specified in 7(1)(c)(iii) shall be applicable to the said client.
d) A client may appoint a Construction Health and Safety Agent or Construction Health and Safety Manager based on the scope and risk profile of construction work to represent him/her on matters of health and safety. Provided that, where the question arises as to whether a Construction Health Safety Agent or a Construction Health and Safety Manager is necessary, the decision of an inspector is decisive.