I just read through a site specific copy of the construction regulations issued by a SACPCMP registered H&S Agent. "The Contractor shall ensure that all asbestos work is done only by registered “Asbestos Contractor” as prescribed by the Asbestos Regulations, 2001. The Contractor shall submit an Asbestos Certificate from Department of Labour which refer to the prescribed requirements. The Contractor shall notify The Client if there are any asbestos materials to be used on site. Besides the requirements listed above, should asbestos be identified as a hazard at the workplace, the following must be included in the health and safety plan or as soon as its available:" The risk assessment lists these actions to be taken for asbestos: Ensure safe access and egress is provided Erect physical barriers to prevent entry by unauthorised persons, as applicable damp down exposed area to contain fibre release Personnel involved to wear asbestos respiratory protection Exclusion zone may be required The list then goes on citing some do's and don'ts. What is interesting is that the Baseline Risk assessment drafted by the Client Agent highlights asbestos as a HIGH risk, yet it fails to "specify" (What specifications are supposed to do), where on site this asbestos is. Then it goes on, under the GCC2010 "unknown version" of the contract, to "specify" the contractor must appoint another contractor for asbestos work. The rest of the Client Specification is a copy paste exercise of note. It mentions the Construction Permit, but then also mentions that it is not in force yet. So why mention it? The specification fails to specify the duration of the project. And since when Mr Registered Agent, is the Contractor responsible for Permit applications???? And this term:"Ought not to be applicable"???? Is it or not? You ought to tell me. And who pays for this? "All Contractors should ensure that Occupational Hygiene surveys are conducted as per the Occupational Health and Safety Act to ensure employees are not exposed to hazards. Risk Assessments should identify areas where surveys are to be conducted." "The Contractor shall ensure that each person working on or visiting a site, and the surrounding community, shall be made aware of the dangers likely to arise from on site activities and the precautions to be observed to avoid or minimize those dangers." The surrounding community? Would that be within a 10m or 10km radius? And where do I get a MSDS for "plaster" and "screed"???? I have to put it in the FILE. And do beware of "Crushing of feet" when you use a ram-compactor in the foundation trench. The risk is medium, but the severity is "Crushing of feet"? Sure? Not bruising? No safety boots?? Or did you forget to remove this part from the previous client's scope of work? I guess Mr Agent can fix it for you, as the medical profession will probably have to amputate it. Dear H&S people..if you want to make a fool of the profession, please do not do it in a Health & Safety Specification. There are contractors who have to comply with the junk you write. And some contractors employ more knowledgeable consultants than their clients. I just wonder how this "competency" thing works. I do believe it is time that a Standard be written on how to write a H&S Specification.
Rudy, You should write such a standard. I'm dead serious, you have enough experience and qualifications (competency) to do it. It will become a sort after standard and you could run workshops / training sessions on it. Regards
Hi Neels. Strangely, when I hit the "create post" button, I already knew it would be your response. Thank you for the vote of confidence, but in my humble opinion, it is the role of the construction professional bodies to set "practice standards". I will be glad to assist SAIOSH / Masterbuilders to develop it for you. The SACPCMP has already done so via their Scope of Services and so has SAICE in their practice standards, but H&S practice needs to be aligned to construction management. Until such time, things will remain as it is. . As for workshops, and training, I have been involved in various accredited CPD programs for more than four years. The H&S specification is in particularly addressed in the Contracts Management master-classes, where the focus is on upstream activities. The majority is ECSA and SAAMA accredited while others are IET and PECB accredited at international level. There is a transition from OHS to CHS, and upstream activities are all new territory for most, particularly the design risk management functions. For a person with mostly experience at officer level to be registered as "agent" and then enter into upstream functions is scary at best and totally outside their comfort zone. Clients also make the mistake of appointing agents as a "secondary" function, instead of being part of the team. In the case above, I do not doubt for a second that the Agent was appointed only after the plans were approved. You just need to read it to spot the missing elements. The down-side of the practice is that it allows "underqualified" persons to draft specifications and the Registered person just signs it off. We are still arguing the interpretation of the definition of designer that includes "prepares a specification". ("design" includes "specification"). One thing is for sure. Come August 2015, each H&S specification will have to be signed off by the Agent, quoting his/her registration number. I think at this stage we need to give the DOL/SACPCMP the chance to get up to date with registration before we start lodging complaints and enquiries into the conduct of registered persons. The DOL must also make good on their promise to issue the long awaited "How to comply" guideline, because if they do not express an opinion on what a H&S specification is supposed to achieve or contain, some people will continue to rewrite the act in specifications. Things will change though. Only time will tell which way. Take care...
Hi All, Well Rudy you have hit the nail on the head. This is only but one of the challenges that the AGENT has to face. The most important to me is in the founding stating of the contract between Client and Agent, and involves "scope of authority", section 8 of the Act. It must be made clear if the client transfers all powers to the Agent or not. Further it must clearly identify that the Agent can stop the work as necessary. It must clearly state who may cause the work to restart, Agent or Client, and if client it must be done in writing and also presented to the Agent for him/her to exempt that to the Agent, and forwarded to the DOL. Professional Liability is just that, and what does your insurance cover and what does it not. Love to hear others thoughts Shane
Hi The other thing is BUDGET. All the associated costs of implementation, correcting, occupational hygiene needs, psycho-social stress ( well documented in Construction internationally, and somewhat locally etc, etc, etc, etc Interesting times.......
Hi Shane All of your comments are valid, and also included in the Scope of Services under Stage 1. The project brief and scope of services will be discussed and agreed on at this stage already. Then we need to read on....Work stoppages on instruction of the Agent is a compensation event under most forms of contract, and my result in request for extension of time and costs. This obviously does not apply where the contractor that was stopped is actually in the wrong. But where "in the opinion" of the Agent, there is fault, and it can be disproved through mediation, any such delay will be claimable. For this reason, the H&S Specification should not, as required in most forms of contract, allow any ambiguity. There should be clear and concise instructions on what must be done, when and by whom. It is therefore a condition of practice that the H&S specification should include "document and change control" requirements. This includes where these will be kept and who can access it. Any design change or VO should also require a risk review, as the regulations do. I still do not see these elements in most specifications. It is still not integrated into the management function and viewed as a stand-alone SMS. What is rather uncertain at this stage of the game is the extent to which the Scope of Services will be enforced in relation to failures to act. There are standard services, which I see as a "must do" and the additional services which is a "could do" if the client wants it. Competency in both types of services should thus be acquired in order to prevent "negligence" claims. As I said, it is new territory, and only time will tell. What would count against the appointed agent is the "Late" engagement by the client, as is currently the practice, where agents are only getting in on the project after tender stage. (downstream). It should be on record that the Agent is not liable for "pre-engagement" activities. In respect of "budget" this is part of the feasibility stage, where the Agent and designer needs to calculate the cost of H&S requirements. Costs should be included in the contract data either in the BOQ or schedule of rates. If no cost is allowed, no performance can be insisted on, over and above the legal minimum. In particular, provision should be made for inspections, record keeping and maintenance of the documentation program. The more "paperwork" the specification generates, the higher the cost to maintain same.
Yip As we write, I will be possibly going into one of those "Late"engagments, contacted a Construction Lawyer to give if some advice We will wait and see Cheers
Good luck with that one... If lawyers are involved, it often indicates a customised form of contract and not any of the standard forms.
