Managing contractor and subcontractor health and safety on construction sites is the subject of a safety file, sometimes known as a "Contractor Health and Safety File." It serves to protect the business from lawsuits and demonstrates compliance with the Occupational Health and Safety Act and Regulations.

What does a Health and Safety File mean in South African law?

Every contractor and sub-contractor is required by the Occupational Health and Safety Act 85 of 1993 and the Construction Regulations 2014, to have a file that must be available at all times. The Occupational Health and Safety Act 85 of 1993 and Construction Regulations 2014 state the following: Construction Regulation 3(6)– A client must ensure that the principle contractor keeps a copy of the construction work permit contemplated in sub-regulation (1) in the occupational health and safety file for inspection by an inspector, the client, the client’s authorized agent, or an employee; Construction Regulation 5(1)(s) – The client must ensure that the file contemplated in regulation 7(1)(b) is kept and maintained by the principal contractor; Construction Regulation 7(1)(b) –A principal contractor must open and keep on-site a health and safety file which must include all documentation required in terms of the Act and these Regulations, which must be made available on request to an inspector, the client, the client’s agent or a contractor. The Health and Safety File must be maintained by the site safety personnel and audited by a competent person.

Each Safety File has a "site-specific" designation. It will be put together in accordance with the client's and the site's safety requirements. The site-specific papers will be added, but the general information needs do not change. The following documents will be included in your health and safety file when it is created by us:

What should your file contain?

• Equipment Inspection Registers
• Induction Training / Training Attendance registers / Toolbox Talks
• Medicals & ID’s
• Audits & Site Inspections
• Safe Working Method & Risk Assessment(s)
• Appointments & Competencies
• Construction Health & Safety Plan
• Fall Protection Plan
• COVID-19 Plan
• Emergency Management
• Letter of Good Standing
• Policies
• Mandatary Agreement 37(2) & Appointment
• Notification of Construction Work
• Occupational Health and Safety Act & Specifications

Why is a Safety File Needed?

The Occupational Health and Safety Act and Regulations mandate that every developer, first-time house builder, principal contractor, contractor, and subcontractor maintain a safety file as evidence of compliance. The 2014 Construction Regulation expressly states:

CR 3(6) The client is responsible for ensuring that the principal contractor maintains a copy of the construction work permit mentioned in sub-regulation (1) in the occupational health and safety file for inspection by an inspector, the client, the client's designated agent, or an employee.

CR 5(1)(s) - The customer is responsible for ensuring that the principal contractor maintains the health and safety file mentioned in regulation 7(1)(b).

CR7(1)(b) A principal contractor shall establish and maintain a health and safety file on the job site that contains all documentation required by the Act and these Regulations and that must be made available to an inspector, the client, the client's agent, or another contractor upon request.

Who is responsible for compiling a Health and Safety File?

If you are familiar with the everyday operations of the company, you might be able to compile a health and safety file on your own. There are, however, a number of legal documents that must be written and certified by a "competent" person who has a particular certification. For instance, a qualified Fall Protection Plan Developer must create a Fall Protection Plan because it is necessary when operating at heights.

Safety files are prepared by a qualified individual or group of individuals with in-depth knowledge of the application of the Occupational Health and Safety Act and regulations as well as experience and understanding of the project operations. Safety representatives, supervisors, and appointees are responsible for maintaining these files, which safety officers assess to guarantee compliance and ongoing improvement for a safe and healthy work environment.

Does my project require a Health and Safety File?

There is no doubt that an OHS file is necessary when working on a building site, according to the South African construction industry legislation. Before beginning work on site, whether it be for a day or a year, certain legal paperwork is needed. Usually, the Principal Contractor will specify the OHS file requirements in accordance with the Health and Safety Specification they have created, considering the scope, size, and works completed during the project as well as the applicable laws. The Sub-Contractor is then given this OHS Specification, which details the legal requirements and OHS specifications for a particular project.

These legally needed documents are so numerous that they all fit into one file when combined. An OHS file is necessary when performing maintenance on a project, whether it be a residential residence, office building, or construction site. Before any construction work can begin, an OHS file must be on hand. Before work can start, the OHS file must be authorized by management and signed by every employee on the job site.