Construction Regulation 7: Duties of the Principal Contractor and Contractor  

In the realm of construction, safety is paramount. The Occupational Health and Safety Act No. 85 of 1993 and its Construction Regulations place critical responsibilities on both principal contractors and contractors to ensure safety throughout the construction process. Construction Regulation 7 specifically defines these duties, outlining the obligations that must be followed to protect everyone involved on site

Construction Regulation 7: Duties of the Principal Contractor and Contractor

Let’s take a detailed look at the provisions of Regulation 7:

Principal Contractor Responsibilities

Under Regulation 7(1), a principal contractor is responsible for a wide array of safety management duties. These responsibilities start at the inception of the project and last until its completion.

  • Health and Safety Plan: The principal contractor must provide and demonstrate a site-specific health and safety plan (Regulation 7(1)(a)). This plan must be based on the client’s health and safety specifications and be coherent, well-documented, and reviewed as work progresses. The plan is applied from the start of the project and is updated as necessary.
  • Health and Safety File: A health and safety file must be opened and maintained by the principal contractor (Regulation 7(1)(b)). This file includes all necessary documentation and must be available for inspection by relevant parties such as the client, inspectors, and other contractors.
  • Appointment of Contractors: The principal contractor plays a key role in the appointment of contractors (Regulation 7(1)(c)). Before any contractor is appointed, the principal contractor must:
  1. Ensure that contractors tendering for work are provided with the relevant sections of the client’s health and safety specifications.
  2. Verify that potential contractors have made sufficient provisions for health and safety measures during the construction process.
  3. Ensure that contractors are competent and have the necessary resources to perform the work safely.
  4. Confirm that contractors are registered and in good standing with the Compensation Fund or a licensed compensation insurer.
  5. Provide written appointment for the part of the project they are responsible for.
  • Audits and Inspections: The principal contractor must ensure periodic site audits and document verifications are conducted, with intervals agreed upon but at least once every 30 days (Regulation 7(1)(c)(vii)). Should work be found non-compliant or hazardous, the principal contractor has the authority to stop the work.
  • Health and Safety File Submission: Upon completion of the construction work, the principal contractor must hand over a consolidated health and safety file to the client. This file includes all records related to the health and safety plan, drawings, designs, materials used, and other information about the completed structure (Regulation 7(1)(e)).
  • Medical Certificates of Fitness: The principal contractor is also required to ensure that all employees have a medical certificate of fitness, issued by an occupational health practitioner, confirming that they are fit for the specific construction work (Regulation 7(1)(g)).

Contractor Responsibilities

A contractor also holds specific duties under Regulation 7(2), ensuring that they comply with safety regulations while working under the principal contractor’s direction.

  • Health and Safety Plan: Before starting any construction work, a contractor must provide the principal contractor with a health and safety plan that aligns with the client’s health and safety specifications. This plan must be applied for the entire duration of the project and be updated as work progresses (Regulation 7(2)(a)).
  • Health and Safety File: The contractor must open and maintain their own health and safety file on site, ensuring it contains all documentation required by the Act and these Regulations (Regulation 7(2)(b)).
  • Competence of Subcontractors: Before appointing another contractor, the primary contractor must ensure that the subcontractor has the necessary competencies and resources to perform the work safely (Regulation 7(2)(c)).
  • Cooperation with Principal Contractor: The contractor must fully cooperate with the principal contractor to ensure compliance with the Occupational Health and Safety Act and provide any relevant information that may affect the health and safety of individuals on site (Regulation 7(2)(d) & (e)).

 

Induction Training and Medical Fitness

Both principal contractors and contractors are required to ensure that workers and visitors undergo health and safety induction training before entering the site. This training must cover site-specific hazards and ensure that individuals are aware of the safety protocols in place (Regulation 7(5) & 7(6)).

Contractors must also keep records of this induction training, which should be made available on request to inspectors, clients, or principal contractors (Regulation 7(7)).

 

Further Responsibilities for Contractors Appointing Subcontractors

Should a contractor appoint another contractor, the duties outlined for principal contractors (Regulation 7(1)(b) to 7(1)(g)) apply to them as if they were the principal contractor (Regulation 7(3)).

Ensuring Cooperation on Site

A principal contractor must take reasonable steps to ensure cooperation between all contractors on site to help each comply with the regulations and maintain a safe working environment (Regulation 7(4)).

Construction Regulation 7 establishes a robust framework for ensuring safety on construction sites by defining the responsibilities of both principal contractors and contractors. From the creation and management of a health and safety plan to the diligent appointment of competent contractors, these regulations play a crucial role in protecting workers, contractors, and visitors on construction sites.

Both the principal contractor and contractors must work in close cooperation to ensure compliance with these safety regulations, thereby reducing the risk of accidents and injuries.

How Zenith Safety Consultants (ZSC) Can Assist

At Zenith Safety Consultants (ZSC), we specialize in ensuring compliance. We assist principal contractors and contractors in developing site-specific health and safety plans that meet the client’s specifications and legal requirements. Our team provides expert guidance on maintaining accurate health and safety files, conducting site audits, and ensuring that contractors meet the necessary health and safety standards before they are appointed.

In the next blog of our series, we will dive into Construction Regulation 8, which outlines the duties of the Construction Manager and Construction Supervisor. Stay tuned for more insights into how these regulations shape the construction industry’s approach to safety.

ZSC helps you integrate safety into your project design, ensuring that all regulatory requirements are met, and your project proceeds without safety concerns. Contact us to learn how we can make your project safer and compliant from start to finish on 021 010 0209 or This email address is being protected from spambots. You need JavaScript enabled to view it.