Managing Contractors on site: shortfalls in SA

Tuesday, 01 November 2011 11:10

Managing Contractors continues to be an issue on construction sites.

Why? Recent experiences continue to indicate where some of the issues lie. Health and Safety (H&S Officers on site are used to being told what to do and are great with tick sheets. However they don’t think well outside the box.

The Client has a role to play and can mitigate risk to the project by ensuring all parties comply.

The South African (SA) Construction Regulations (CRs) require that the Client develop a H&S specification for a project, or part thereof for each Principal Contractor (PC) on a project. The PC in turn is required to supply a H&S plan which identifies and tells the Client how he will comply. Evidence and supporting documentation is supplied to the Client for approval. No PC may commence work without an approved H&S plan.

The same requirement exists for each PC. The H&S plan developed and approved for the Client becomes an H&S Specification where the PC decides to appoint Contractors on the project to complete sections of the works. The PCs H&S Specification is expected to be adapted relative to the scope of works for each Contractor. Each Contractor has to submit a H&S plan for approval prior to being allowed to commence work. The requirement is expected at all levels of contracting.

I have yet to find a project where the intention of the law and the management of the detail as discussed above is complied with fully. Some aspects are complied with. Most typically the following occurs:

Contractors arrive on site ready to work – the site agent ‘forgot’ to tell the H&S Officer about commencement dates timeously
The H&S Specification is given to the Contractor in full – ‘no time’ to adapt
The Contractor works while trying to comply with the H&S requirements- the site agent (and Engineer) does not accept the authority of the H&S Officer to stop work.

Failure to comply with any H&S legislation is a serious offence, yet it has also been noted that unless there is a ‘life and death’ issue, the lack of compliance is not deemed serious and is mostly ignored.

H&S Officers complain of ‘emasculation’ – they are not taken seriously, if the most senior site staff dont listen to them who do they turn to and what do they do? The result is often seen in auditing projects, the same aspects are repeatedly not addressed.

What are the implications? Are there any? As SA H&S Legislation is self-regulatory there is no regular follow up by the Department of Labour (DoL). Most Contractors see this as a bonus, and feel this means they dont need to comply because no-one is checking on them. Where site or project leadership is lacking, the lack of H&S compliance exacerbates at all levels.

The lack of communication between the Site Agent and H&S Officer is most often because the H&S Officer does not have a background or much experience in construction. H&S Officer’s often don’t understand the construction process. Similarly, Site Agents or senior site management don’t understand the requirements of H&S. Clearly if the H&S Officer cannot combine the scope of works, programme and ongoing changes, there is a problem. Similarly, if the site staff don’t understand the H&S requirements they are not going to ensure that aspects are addressed timeously, or use their H&S Officer adequately.

Ensuring compliance of each PC and each of their Contractors is a critical task for the Client or their appointed H&S Agent. Where such issues are identified adequate action needs to be taken and follow up of identified problems or behaviours of all levels of staff on site. Adequate planning during design and developing H&S Specifications can limit anomalies. The following aspects can be used in projects:

Ensuring the role and responsibilites of the H&S Officer are clearly noted
Ensuring competence of the H&S Officer, previous experience in construction relative to the risks of the project
Use of ‘punative’ punishment of the PC and Contractors for non-compliance
Ensuring training of site staff in H&S
Insisting that site staff attend H&S production meetings

Leadership at Client level that includes H&S commitment and zero tolerance to poor H&S behaviour is critical to all projects.