2.3 Statutory Construction Supervision Appointments

2.3 Statutory Construction Supervision Appointments

The Statutory Supervision Mandate

Safety management cannot be separated from operational command. Construction Regulation 8 creates a chain of written appointments so that every construction activity is directed by a designated, competent person. Under CR 1, a competent person has the knowledge, training, experience and, where applicable, qualifications specific to the work or task (registered NQF qualifications count as the required qualifications), and is familiar with the Act and the applicable regulations.

Construction Manager (CR 8(1))

A principal contractor must appoint, in writing, one full-time competent person as the construction manager with the duty of managing all the construction work on a single site, including the duty of ensuring occupational health and safety compliance. In the absence of the construction manager, the principal contractor must appoint an alternate. CR 1 describes the construction manager as the competent person responsible for managing the physical construction processes and coordinating, administering and managing resources on site. The 2017 guideline note adds that the construction manager must demonstrate competency in the work being performed and the ability to manage construction work, which may include making the statutory health and safety appointments.

The Single-Site Rule (CR 8(4))

No construction manager appointed under CR 8(1) may manage construction work on any site other than the one for which they were appointed. A contracts manager who roves between several active sites therefore cannot hold the CR 8(1) appointment on all of them.

Typical Duties Written into the Appointment

• Implementing and maintaining the approved site-specific health and safety plan;
• Allocating plant, equipment and labour so that work can be done safely;
• Ensuring risk assessments and safe work procedures are in place before critical work starts;
• Stopping unsafe work;
• Making and keeping current the statutory appointments (supervisors, risk assessors, fall protection planner and others); and
• Holding the most recent fall protection plan (CR 10(3)) and liaising with the client's agent and inspectors.

Assistant Construction Managers (CR 8(2) and (3))

Having considered the size of the project, the principal contractor must appoint, in writing, one or more assistant construction managers for different sections of it. Appointing assistants does not relieve the construction manager of personal accountability for failing in their management duties. If no assistants are appointed, or an inspector considers there are too few, the inspector must direct the construction manager in writing to appoint the number the inspector specifies (CR 8(3)). The regulation does not require the client's approval for these appointments.

Construction Health and Safety Officer (CR 8(5) and (6))

A contractor must, after consulting the client and having considered the size of the project, the degree of danger likely to be encountered and the accumulation of hazards or risks, appoint a full-time or part-time construction health and safety officer in writing to assist in the control of all health and safety aspects on site. Where it is unclear whether an officer is necessary, the inspector's decision is decisive (CR 8(5)). Under CR 8(6), no contractor may appoint an officer unless reasonably satisfied that the person is registered with a statutory body approved by the Chief Inspector (the SACPCMP) and has the necessary competencies and resources. Section 2.4 covers the registration categories.

Construction Supervisors (CR 8(7))

The construction manager must appoint, in writing, construction supervisors responsible for construction activities and for ensuring occupational health and safety compliance on site. CR 1 defines a construction supervisor as a competent person responsible for supervising construction activities. Typical duties include pre-work inspections, ensuring safe work procedures and daily task instructions are followed, checking PPE and medical fitness, correcting unsafe acts, and stopping work when conditions become dangerous.

Assistant Construction Supervisors (CR 8(8)–(10))

Having considered the size of the project, a contractor must appoint, in writing, one or more competent employees for different sections to assist the construction supervisor. Each has, to the extent clearly defined in the appointment letter, the same duties as the supervisor, but the appointment does not relieve the supervisor of personal accountability (CR 8(8)). If too few are appointed, an inspector must instruct the employer to appoint more (CR 8(9)). A construction supervisor may not supervise work on any site other than the one they were appointed for, unless enough competent employees have been appropriately designated on all the relevant sites, in which case one supervisor may cover more than one site (CR 8(10)).

Interface with OHS Act Corporate Governance: Section 16 and Section 8

1. Section 16(1): the chief executive officer must, as far as reasonably practicable, ensure that the employer's duties are properly discharged.
2. Section 16(2): the CEO may assign duties to persons under their control (for example an operations director) without derogating from their own responsibility or liability.
3. Section 8(2)(i): the employer must ensure that work is performed under the general supervision of a person trained to understand the hazards and with authority to ensure precautions are implemented. The CR 8 appointments are how a construction employer meets that duty on site.
4. CR 8(1): the construction manager holds statutory operational command of one site. A corporate director with a Section 16(2) assignment cannot claim that site supervision was adequate without a valid, competent CR 8(1) appointment.

Statutory Supervision Appointments Matrix