When working for a PC and one is auditing Co contractors and sub contractors,safety files and practical on site activities and tasks.Does one audit to the standard of the capabilities of the co or sub contracting company or in line with the OHS act and construction regulations. ( I know the answer but need opinions, as I am involved in a heated debate) Wanting to know if I am the only one that thinks the way I do. Having completed an OHS & Construction regulations compliance audit in line with the required OHS act and regulation standards. I am told " But you know the contractor wont do that" or be able to comply with that. ( For various reasons given, financially unable, lack of OHS act & regs training and or understanding or for the reason that they are just " Bakkie Builders who cannot comply with the PC's standards which are based on and in line with the Act & regs.) Obviously they have money - big money invested in H&S, but contract "Bakkie Builders" ( On price) who cannot reasonably be expected to comply. But who must be audited by the PC ito CR 7 in particular CR 7(1)(c)(vii) anyway. So here is the issue, audit is done in line with the Act and regs, but it is said that the expectations are too harsh and they should not be audited so strictly because they are " Bakkie Builders" Now do they need to be audited on Bakkie builders standards, the PC's standards or on THE OHS ACT STANDARDS. I believe it would be the latter. So the bakkie builders can dispose of their hazardous chemical waste, ( a few empty cement bags, for example) cement is a hazardous chemical substance, isn't it ? In the domestic waste refuse bin. Right. Because they cannot afford to do it? (Yes I know CR 7 (1) (c) (i)(ii) & (ii)) as the law requires, and dispose of them at a registered hazardous chemical waste disposal site, and provide proof of safe disposal to the PC. But Aaargh shame man they are uneducated,untrained bakkie builders, so go easy on them. Because they wont drive 20 or so empty cement bags 27Km's to the registered HCS waste disposal site. ( There is no other reasonably practicable solution to comply with and or compromise the act and legal compliance) To satisfy the bakkie builders. So ? what happens now? Do we let it slide. Because they are " bakkie builders" lower the PC standards, lower our own H&S industry standards to suit them, or just simply ignore the OHS act, Construction regs and NEMA. All together and let them do what they like ?? OR Do we nail them with a Non conformance and withhold payment until legal compliance has been met and proved. Hope you get the gist of what I am saying, we are being asked to lower our standards to suit the bakkie builders, instead of asking them to raise theirs. If we do not do this and always give in to the benefit of the non compliant bakkie builder, Will they ever become compliant. Which reigns "Supreme" The act and regulations or the bakkie builders. If it is the bakkie builders then out H&S industry is doomed. Because, If Nothing Changes around Here, Then Everything will stay the same. And as OHS practitioners, we are shooting out own industry in the foot. PS. I could have used many other examples, but the HCS's cement bags are the freshest and most recent. Bakkie Builders, Co contractors and Sub contractors cannot afford to and or do not have the education and intelligence to be able to comply with the law so do not enforce it on them. Is basically what I am being told. !!! Go Figure. But please let me hear your opinions, please. Am I right to enforce the OHS act and compliance or wrong in this case ?? You be the judge, I may learn something here. Just hope it is not that I am stupid and or ignorant LOL
Hi Brain I know exactly what you are talking about. My opinion is that the Act and regulations is applicable to everyone on site. The so called bakkie builders is normally the risk takers on site because they get away with everything. This problem will never stop unless the Principal Contractor realize his responsibilities. We cannot turn a blind eye any longer.
