In a move that may be of particular interest to STBB’s construction and property development clients, the Minister of Employment and Labour recently published draft Construction Regulations, which seek to improve occupational health and safety in the construction industry, for public comment.
Pursuant to the broader objectives of the Occupational Health and Safety Act, the proposed Construction Regulations are intended to revise and replace the 2014 Construction Regulations. To that end, the proposed Regulations seek to clarify and tighten regulatory controls to prevent construction site-related incidents.
Specifically, the draft Regulations revise existing key definitions and incorporate new definitions to guide interpretation. This includes adding definitions for ‘construction health and safety officer’, ‘ergonomics’, and ‘pre-construction information’, and expanding the meaning of ‘contractor’.
Crucially, the proposed Regulations provide for the appointment of Construction Health and Safety Managers, who must be registered with the relevant statutory body, to ensure compliance with occupational health and safety requirements on larger projects.
In line with the society-wide shift to digitalisation, the proposed Regulations further provide for the acceptance of electronic health and safety files.
For certainty, the draft Regulations specify that its provisions apply to ‘all persons involved in construction work for the duration of the project life cycle’, going further than the existing Regulations. Additionally, they will apply to all owners of structures for the future lifetime of those structures, excluding construction work performed in relation to single storey dwellings intended for residential occupancy by clients upon completion.
According to the proposed Regulations, the contravention of most provisions is a criminal offence, subject to the imposition of a fine or twelve months’ imprisonment.
Interested stakeholders have until 12th June 2025 to provide written submissions on the content of the draft Regulations. Submissions may be emailed to hilton.ganesen@labour.gov.za or derick.claase@labour.gov.za.
At STBB, our legal expertise extends beyond property law and conveyancing. Need assistance with updating your employment and labour-related contracts? Contact our specialists at labour@stbb.co.za. Require unrivalled expertise in the construction law sphere? Email construction@stbb.co.za today.
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