The Department of Labour has announced that all sections of the regulations except for regulations 3 and 5(7)(b) will come into force on 7 August 2014 for projects that began after the promulgation of the latest regulations.
The timing of the coming into force of the Construction Regulations has now been officially postponed with the gazetting of the notice R227, a copy of which is attached.
Projects that begin now or are in progress must comply with the 2003 regulations until 7 August when the new regulations will apply.
All construction work that started before 7 February 2014 is required to conform with the 2003 regulations until 6 August 2015, when the new regulations will come into force.
It is important to note that as of August it will be necessary for all construction professionals to register in one of three categories, namely as a construction health and safety agent, construction health and safety manager, or a construction health and safety officer.
Construction Work Permit
The construction permit requirements in the 2014 regulations are separated based on the type of work being done: For larger work an application must be lodged by the owner/ contractor with the Department of Labour 30 days prior to construction work commencing and for smaller work an application must be made to the provincial director 7 days before commencing – interpretation will be required in these cases as the shorter notice period seems to include almost all types of excavation.
The regulations impose significant duties regarding record keeping on a construction site and if labour inspectors visit after the regulations come into force then these will be the kind of documents that your registered construction professional must be in a position to produce.
If you require assistance with the review of your compliance process do not hesitate to contact us.
You can download the notice here, but please do contact us if you require a copy of the regulations.