| (1) |
A contractor must ensure that all construction vehicles and mobile plant— |
| (a) |
are of an acceptable design and construction; |
| (b) |
are maintained in a good working order; |
| (c) |
are used in accordance with their design and the intention for which they were designed, having due regard to safety and health; |
| (d) |
are operated by a person who— |
| (i) |
has received appropriate training, is certified competent and in possession of proof of competency and is authorised in writing to operate those construction vehicles and mobile plant; |
| (ii) |
has a medical certificate of fitness to operate those construction vehicles and mobile plant, issued by an occupational health practitioner in the form of Annexure 3; |
| (e) |
have safe and suitable means of access and egress; |
| (f) |
are properly organized 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; |
| (g) |
are 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; |
| (h) |
are fitted with structures designed to protect the operator from falling material or from being crushed should the vehicle or mobile plant overturn; |
| (i) |
are equipped with an acoustic warning device which can be activated by the operator; |
| (j) |
are equipped with an automatic acoustic reversing alarm; and |
| (k) |
are inspected by the authorised operator or driver on a daily basis using a relevant checklist prior to use and that the findings of such inspection are recorded in a register kept in the construction vehicle or mobile plant. |
(2) A contractor must ensure that—
| (a) |
no person rides or is required or permitted to ride on a construction vehicle or mobile plant otherwise than in a safe place provided thereon for that purpose; |
| (b) |
every construction site is organized in such a way that, as far as is reasonably practicable, pedestrians and vehicles can move safely and without risks to health; |
| (c) |
the traffic routes are suitable for the persons, construction vehicles or mobile plant using them, are sufficient in number, in suitable positions and of sufficient size; |
| (d) |
every traffic route is, where necessary, indicated by suitable signs; |
| (e) |
all construction vehicles and mobile plant left unattended at night, adjacent to a public road in normal use or adjacent to construction areas where work is in progress, have appropriate lights or reflectors, or barricades equipped with appropriate lights or reflectors, in order to identify the location of the vehicles or plant; |
| (f) |
all construction vehicles or mobile plant when not in use, have buckets, booms or similar appendages, fully lowered or blocked, controls in a neutral position, motors stopped, wheels chocked, brakes set and ignition secured; |
| (g) |
whenever visibility conditions warrant additional lighting, all mobile plant are equipped with at least two headlights and two taillights when in operation; |
| (h) |
tools, material and equipment are secured and separated by means of a physical barrier in order to prevent movement when transported in the same compartment with employees; |
| (i) |
vehicles used to transport employees have seats firmly secured and adequate for the number of employees to be carried; and |
| (j) |
all construction vehicles or mobile plant traveling, working or operating on public roads comply with the requirements of the National Road Traffic Act, 1996. |
Medicines and Related Substances Act, 1965
