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Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

Regulations

Construction Regulations, 2014

31. Construction health and safety technical committee

 

(1) The chief inspector must establish a construction health and safety technical committee which must consist of—
(a) a person who is to be the chairperson;
(b) two persons designated by the Chief Inspector from  the employees of the Department of Labour;
(c) two persons to represent the Department of Public Works, one each designated by the Built Environmental Council and the Construction Industry Development Board;
(d) one person to represent Higher Education in the field of construction and related studies designated by the Director General of the Department of Higher Education;
(e) one person designated by the South African Property Owners Association;
(f) two persons designated by employer's organizations to represent employers who are directly involved in the construction industry;
(g) two persons designated by employees organizations to represent the unions who are directly involved in the construction industry;
(h) one person to represent consultants who are directly involved in the construction industry; and
(i) persons who are competent in respect of the matters to be dealt with by the construction health and safety technical committee who have been co-opted by the committee with the authorization of the chief inspector.

 

(2) The chief inspector must appoint the members of the Construction Health and Safety Technical Committee for the period that he or she may determine at the time of appointment: Provided that the chief inspector may after having afforded a member a reasonable opportunity to respond, discharge him or her at any time, for reasons that are fair and just, and appoint a new member in his or her place.

 

(3) The Construction Health and Safety Technical Committee must—
(a) advise the chief inspector on construction related codes, standards and training requirements: Provided that any accredited or approved training must be in accordance with South African Qualifications Authority standards;
(b) designate persons in writing to examine safety systems and safety records of companies who have high incident rates and provide recommendations to the chief inspector of occupational health and safety on the findings;
(c) make recommendations and submit reports to the chief inspector of occupational health and safety regarding any matter to which these Regulations relate;
(d) advise the chief inspector of occupational health and safety regarding any matter referred to the Construction Regulations Technical Committee by the chief inspector of occupational health and safety;
(e) perform any other function for the administration of a provision of these Regulations that may be requested by the chief inspector of occupational health and safety;
(f) conduct its work in accordance with the instructions and rules of conduct framed by the chief inspector of occupational health and safety; and
(g) refer appeals against decisions of the Construction Regulations Technical Committee to the chief inspector of occupational health and safety.

 

(4) Any person affected by any decision of the Construction Health and Safety Technical Committee may appeal against such decision to the chief inspector within 60 days of such decision becoming known and the chief inspector shall, after having considered the grounds of the appeal and the Construction Health and Safety Technical Committee's reasons for the decision, confirm, set aside or vary the decision or substitute for such decision any other decision which the Construction Health and Safety Technical Committee's in the chief inspector's opinion ought to have taken.

 

(5) Any person aggrieved by a decision taken by the chief inspector under subregulation (4) may, within 60 days after the chief inspector's decision was given appeal against such decision to the Labour court.