Construction Vehicles - Are we making rules as we go along?

The definition of a construction vehicle has caused a lot of confusion in the Safety fraternity. Too many bakkies and cars are being driven on public roads labelled as "construction vehicle" with flashing amber light and all. But is this really necessary? I think not.

The purpose of CR 21 is not to have an electrically operated acoustic signaling device and a reversing alarm fitted to every car and bakkie in SA. The law maker's intention was exactly the opposite. To regulate the use of "Vehicles" which are not regulated by the Road Traffic Act, but used in connection with construction work.

Let the debate begins.... Should a Toyota Bakkie used by a CR6(1) Appointee be classified as a Construction Vehicle?

 

Good day The Cygma Group,

The OHS Act and its Regulations are the minimum requirements to which employers need to compile with. However, the Construction Regulations made the provision that a Client can add further Health and Safety requirements/standards in their Health and Safety Specifications to which a PC need to work/adhere to. So if the Client stipulated that you have siren and yellow flashing light on all your vehicles and allow for cost it, then surely you have the choice, whether you would like to bid for the work or not?

The National Road Traffic Act/ by-laws require you to obtain permission to use flashing yellow lights on National Roads as part of the project.

Regards,

 

Hi All.

Without having done any in detail research on the topic.I would say NO it is not a construction vehicle unless it is specifically used for and in the processes of the actual construction project.Such as dump truck or tipper transport truck. In my opinion I would say a bakkie used for the transportation of workers to and from different areas of the work site is not a construction vehicle,nor is the vehicle that is used to patrol the road area of works.

 

In the list of construction vehicle only that vehicles are included which is specially used for construction project. Like Truck, Backhoe loader, Bulldozer, portable engine, Venturi-mixer, Roller etc are construction vehicles. The worker's own vehicle is not included.

 

The LDV used by a CR 6(1) on a construction site is a 'construction vehicle' per definition as set out in the Construction Regulations (2003)

Look at the definition:

“construction vehicle†means a vehicle used for means of conveyance for transporting persons or material or both such persons and material, as the case may be, both on and off the construction site for the purposes of performing construction work;"

Even if the LDV only transports the CR. 6(1) on site, it still transports a person. And come on, we all know the LDV transports tools, materials and even labour from time to time. The LDV is a construction vehicle.

 

While I cannot fault Jaco's interpretation of the definition in CR1, I still foresee a major issue with applying that and then enforcing CR21(1)d,i, and j.
I doubt if the CEO of Murray & Roberts will fit a strobe light, reversing hooter on his vehicle and be subject to medical examination and daily vehicle safety inspection only for the purposes of inspecting a site?
Same applies to the Safety Officer. Was it really the intention of the law? CR 21(2)(a).....
"no person rides or be required or permitted to ride on any construction vehicle" clearly indicates this is not a bakkie or car. Unless you want to mount steering and seat on the roof.
And why if "employee" is defined, does it mention "workers" in CR 21(1)d)are operated by workers who-.....

 

Can someone please assist me. One of our consultants drive a Toyota Yaris and is appointed as a Construction Safety Officer.
How do I prove that I or he for that matter is in compliance with CR21(1)(c). Use the construction vehicle for the intended purposes it was designed for. It was intended and designed as a passenger vehicle. We now use it as a Construction Vehicle as it occasionally carries tools and equipment.

 

Toyota Yaris vs Construction Vehicles. Prt 2 of 2

Now you must ensure that all “construction vehicles,†Which the Toyota Yaris is not, it is a “motor vehicleâ€

a) Is it of an acceptable design and construction? Yes
b) Is it maintained in a good working order? Yes
c) Is it used in accordance with its design and the intention for which it was designed, having due
regard to safety and health? Yes (But not on a construction site as most (Reasonable Man theory) of
us understand or imagine a construction site to be)

d) Is it operated by workers or a worker who-

1) Has received appropriate training and been certified competent and been authorised to operate such
machinery ;(which the OHS act defines as: Any article or combination of articles assembled, arranged
or connected and which is used or intended to be used for converting any form of energy to performing
work, or which is used or intended to be used, whether incidental thereto or not, for developing,
receiving, storing, containing, confining, transforming, transmitting, transferring or controlling any form
of energy). Yes (But your Toyota Yaris is not classified as machinery or is it? If so please explain how,
So this i.t.o the OHS act and compliance would not be a requirement which needs to be met? NO)

and

2) Are they or is he physically and psychologically fit to operate such construction vehicles and mobile
plant by being in possession of a medical certificate of fitness;(Hopefully the answer would be YES,
But is the driver of a motor vehicle by law required to be physically and psychologically fit and does
he need to have medical certificate of fitness,(issued by an OHP) in order to drive â€not operate†a
motor vehicle, which is not defined as a construction vehicle or machinery.)
So this i.t.o the OHS act and compliance would not be a requirement which needs to be met? NO)
e) Does it have safe and suitable means of access? YES
f) Is the Toyota Yaris normally properly organised and controlled in any work situation by providing
adequate signalling or other control arrangements to guard against the dangers relating to the
movement of vehicles and plant, in order to ensure their continued safe operation. (NO not unless
it has been equipped with an orange strobe light and audible reversing sound device alarm)
g) Is the Toyota Yaris prevented from falling into excavations, water or any other area lower than the
working surface by installing adequate edge protection, which may include guardrails and crash
barriers. YES If it is used on a construction site. Then these control measures form part of that
construction site not the vehicle itself
h) Where appropriate is the Toyota Yaris, fitted with structures designed to protect the operator (Note: it
says operator not driver) from falling material or from being crushed should the vehicle or mobile plant
overturn. YES
i) Is it equipped with an electrically operated acoustic signalling device and a reversing alarm? (NO
Toyota Yaris’es are not to the best of my knowledge normally so equipped,

and

j) Is it inspected on a daily basis prior to use, by a competent person who has been appointed in writing
and the findings of such inspection is recorded in a register.(NO the driver “Not Operator†may well be
competent, but he does not legally ito the act, need to be appointed even though he may be required
(though not legally ito the act) to report his inspection findings and record them in a register.

Are you or your company by law required to ensure that: (2) A contractor shall furthermore ensure that-)

a) No person rides or be required or permitted to ride on any (Toyota Yaris) construction vehicle or
mobile plant.(Which the Toyota Yaris is not) otherwise than in a safe place provided thereon for that
purpose. Note it states “Thereon not there in†So the answer to this must be NO.
b) Is it necessary to ensure that every construction site the Toyota Yaris drives on or in, is organised in
such a way that, as far as is reasonably practicable, pedestrians and vehicles can move safely and
without risks to health. NO
c) Is it necessary to ensure that the traffic routes are suitable for the persons using them, sufficient in
number, in suitable positions and of sufficient size? NO
d) Is it necessary to ensure that every traffic route (Where the Toyota Yaris is driven) is, where
necessary indicated by suitable signs for reasons of health or safety. NO
e) Is it necessary to ensure that (the Toyota Yaris) all construction vehicles and mobile plant left
unattended at night, adjacent to a freeway in normal use or adjacent to construction areas where work
is in progress, shall have appropriate lights or reflectors, or barricades equipped with appropriate
lights or reflectors, in order to identify the location of the vehicles or plant. NO
f) ) Is it necessary to ensure that (The Toyota Yaris) bulldozers, scrapers, loaders, and other similar
mobile plant are, when being repaired or when not in use, is fully lowered or blocked with controls in a
neutral position, motors stopped and brakes set. (In terms of the RTA and or OHS act) NO
g) Is it necessary to ensure that (The Toyota Yaris) whenever visibility conditions warrant additional
lighting, all mobile plant are equipped with at least two headlights and two taillights when in
operation. NO
h) Is it necessary to ensure that tools and material are secured in order to prevent movement when
transported in the same compartment with employees. YES and NO RTA and OHS act??
i) Vehicles used to transport employees have seats firmly secured and adequate for the number of
employees to be carried; YES RTA and OHS act.

and

j) Is it a normal requirement that when the driver of the Toyota Yaris or when workers are working on or
adjacent to public roads, that reflective indicators are provided and worn by the workers, or driver. NO

The National Road Traffic Act/ by-laws require you to obtain permission to use flashing yellow lights on National Roads (where construction vehicles are operating ito CR 21.)

The legislator’s intention is to regulate the use of "Vehicles" which are not regulated by the Road Traffic Act, but used in connection with construction work?

In my opinion, If you have not answered YES to at least 90% of the requirements then the Toyota Yaris should not qualify as a construction vehicle “per sayâ€. And you should not need to prove CR 21 (1) (c) that, Use the construction vehicle for the intended purposes it was designed for. It was intended and designed as a passenger vehicle. We now use it as a Construction Vehicle as it occasionally carries tools and equipment.

Because, I am of the opinion that the Toyota Yaris is not a construction vehicle.

Well that is my opinion and I believe I may have “In a court of law†been quite convincing or at least proved beyond reasonable doubt, which in turn is confirmed by the fact that “it occasionally carries tools and equipmentâ€. So it cannot be classified as a construction vehicle.

Basically if I occasionally carry six people in my car do I have to prove it is not a TAXI? or should I have to prove that it is.

I do not think so what do you think.

Regards

Brian.

 

Toyota Yaris vs Construction Vehicles. Prt 1 of 2

The rules and laws governing Construction vehicles are covered and governed not only by the RTA but the OHS act as well so one needs to comply with both.

Before you go and call your Toyota Yaris a construction vehicle, I would analyze the OHS act Construction Regulation 21 as follows.

Consider the definition of "Construction Vehicle"
means a vehicle used for means of conveyance for transporting persons or material or both such persons and material, as the case may be, both on and off the construction site for the purposes of performing construction work; The important emphasis is this the highlighted text, with specific reference to “performing construction workâ€.

Is the vehicle actually used in or to perform any construction work? As defined by or in the definition of

“Construction Work"

Is the vehicle actually and physically used for any work in connection with -

a) The erection, maintenance, alteration, renovation, repair, demolition or dismantling of or addition to a
building or any similar structure; NO (I would think not, if so, please explain how it is used to do any of
these tasks)

b) The installation, erection, dismantling or maintenance of a fixed plant where such work includes the
risk of a person falling. NO (I would think not, if so, please explain how it is used to do any of these
tasks)

c) The construction, maintenance, demolition or dismantling of any bridge, dam, canal, road, railway,
runway, sewer or water reticulation system or any similar civil engineering structure. NO (I would think
not, if so, please explain how it is used to do any of these tasks)

or

d) The moving of earth, clearing of land, the making of an excavation, piling, or any similar type of work.
NO (I would think not, if so, please explain how it is used to do any of these tasks)

Bearing in mind that “work†in the act is defined as an employee or as a self-employed person, and for such purpose an employee is deemed to be at work during the time that he is in the course of his employment, and a self-employed person is deemed to be at work during such time as he devotes to work as a self-employed person.

I could not find any other relevant definitions for the word “Work†in any of the dictionaries I used for research, but Thesaurus defines it as “work (wûrk) n. 1. Physical or mental effort or activity directed toward the production or accomplishment of something. 2. a. A job; employment: looking for work.
There are many definitions for the word work but none that would fit the requirement of the act.

Right now let us look at Occupational Health and Safety Act, 1993 Construction Regulations, 2003 Section 21. Construction Vehicles and Mobile Plant.

Are you a contractor? YES. So now you shall.

1) Ensure that all construction vehicles, (If your Toyota Yaris, meets with the definition of a construction vehicle which it in my opinion does not. So is it a “Mobile plant†in terms of the act No because mobile plant means machinery, appliances or other similar device (You Toyota Yaris is I believe classified as a Motor vehicle, and not as (machinery, appliance or other similar device) that is able to move independently,(and here we go again) for the purpose of performing construction work on the construction site; ( I believe we have already established that the Toyota Yaris does not actually perform construction work, in terms of the definition ,on a construction site, as such. Now I could not find an OHS act definition for “Construction site†So let us assume that it is any place where “construction work†takes place. And hopefully we have established that: Your Toyota Yaris does not do or comply with anything falling within or directly connected to or relevant to “construction work†The closest I can get is to ask “Is it directly used to maintain anything on the construction site. NO (I would think not, if so, please explain how it is used to do any of these tasks)

 

Assuming you are 100% correct Brian, which I personally do, the way around this, would then be to prohibit "non-construction" vehicles to enter a construction site. One can allow for or create a vehicle park where cars, and motor cycles can be parked "off-site".

The only down-side to your argument is the first sentence in the definition of construction vehicle - "in connection with". This indicates that a vehicle does not directly have to perform an activity defined as construction work, but also indirectly such as inspection and supervision.

 

Debate on Definition of "Construction Vehicle" Prt 1 of 2

Hi.
The Cygma Group.
Happy Friday 13th day.

The only down-side to your argument is the first sentence in the definition of construction vehicle - "in connection with". This indicates that a vehicle does not directly have to perform an activity defined as construction work, but also indirectly such as inspection and supervision.

You are 100% correct and I agree.But I am not finding the words "in connection with",in the definition I am looking at or in the one in the thread which I posted.So I may have erred here but where are you finding the definition with the wording "in connection with" is it in the actual OHS act and if so which edition.Because legally and in a court of law the interpretation of any definition is critical and if it has changed in the OHS act over the past 6 editions then this is a another contentious issue.

This is the only definition I am finding which is popping up in the OHS act.

Here it is exactly as I find and read it? Perhaps it is time for new reading glasses.Please help and point me to the words directly.


"construction vehicle"

means a vehicle used for means of conveyance for transporting persons or material or both such persons and material, as the case may be, both on and off the construction site for the purposes of performing construction work;

The above is the definition that I have come across and it is an exact excerpt from the the OHS act, as it is in the 10th edition it may have changed in the latest edition which I have not yet acquired.

Oh well perhaps something will come up in the next set of CR draft regulation.

Honour ,Respect and Dignity Always.

Regards

Brian

 

Debate on Definition of "Construction Vehicle" Prt 2 of 2

Ooops!!! Sorry I am confusing myself.

The words "in connection with" are not in the definition of "Construction Vehicle" no wonder I could not find them.They are included in the definition of "Construction work"

Now we must be cautious.

What I am asking is,

"Is the vehicle actually and physically used to perform any of the tasks mentioned in sections (a) (b) (c) (d). i.e Is the Toyota Yaris used to errect anything NO, to maintain anything NO.

And this is exactly why I asked (I would think not, if so, please explain how it is used to do any of these tasks)

It used to TRANSPORT (and that is exactly all it can do and is used for) goods personnel,tools and equipment(has nothing to with the direct "maintenance of or to maintain") to and from the construction site in order for construction work to be carried out.

This in my mind is not directly "in connection with" the actual construction work.

Does the Toyota Yaris actually and directly perform any function which would aid in the alteration,renovation,repair,demolition, dismantling of or addition to a building or similar structure NO NO NO NO and the answer is exactly the same for (b) (c) and (d) NO, NO, NO, NO, NO.

“Construction Work"

Is the vehicle actually and physically used for any work in connection with -

a) The erection, maintenance, alteration, renovation, repair, demolition or dismantling of or addition to a
building or any similar structure; NO (I would think not, if so, please explain how it is used to do any of
these tasks)

b) The installation, erection, dismantling or maintenance of a fixed plant where such work includes the
risk of a person falling. NO (I would think not, if so, please explain how it is used to do any of these
tasks)

c) The construction, maintenance, demolition or dismantling of any bridge, dam, canal, road, railway,
runway, sewer or water reticulation system or any similar civil engineering structure. NO (I would think
not, if so, please explain how it is used to do any of these tasks)

or

d) The moving of earth, clearing of land, the making of an excavation, piling, or any similar type of work.
NO (I would think not, if so, please explain how it is used to do any of these tasks)

Hence we always need to be cautious as it all rests on the way we each as individuals actually see understand, interpret, read, analyze, diagnose the OHS act it's sections rules and regulations.Unfortunately we do not always see exactly the same thing, the same way, or as the legislator or a magistrate, prosecutor, lawyer, advocate different levels of education,language, experience and use will often interpret and understand things differently.

This is why we have the right to appeal any decisions penalties or fines imposed by inspectors from the DOL.

Well thats my view anyway.

With Honour Respect and Dignity
We advance

Regards

Brian