Company Details

OCCUPATIONAL HEALTH AND SAFETY ACT 85 of 1993

CONTRACTORS SAFETY OBLIGATIONS

INTRODUCTION

This document is to assist Contractors working on (Company Name) sites in controlling and
supervising their own work environment in order to minimise the probability of an incident
which could result in an injury, accident, fire or loss. Every employee of (Company Name)
responsibility to report to (Company Name) Management any operation or deficiency, which
contravenes the items, listed in this document so that appropriate remedial action may be
taken.

NOTE:

The Contractor must sign and return the enclosed undertaking in order to validate his tender/
contract or order. Non-compliance may result in the tender/contract or order not being
accepted by (Company Name). Should the contractor not comply with the conditions set out
herein, future contracts with (Company Name) may be adversely affected. Serious cases of
non-compliance may lead to immediate expulsion from our premises.

Management of (Company Name) and the Contractor agree that the conditions set out in the
annexed schedule “SAFETY AGREEMENT BETWEEN CLIENT AND CONTRACTOR” shall form part
of this contract, and that they are bound by such conditions which take precedence over any
other conflicting conditions in this contract. The Contractor undertakes to inform his employees
who carry out work for (Company Name) of their obligations in terms thereof. The Contractor
shall require a copy of the instructions to be signed by the person immediately responsible for
his employees carrying out such work.

CSO.1 DEFINITIONS

CSO - Contractors Safety Obligations

Oshact – Occupational Health and Safety Act 85 of 1993
Site - means any land owned or controlled by (Company Name)
Plant - includes fixtures, fittings, implements, equipment, tools and appliances, and anything
which is used for any purpose in connection with such plant
Works/Premises - includes any building, vehicle or vessel
Contractor - means any non employee or organization engaged to conduct any activity for (Company
Name)
CSO - Contractors Safety Obligations

CSO.2 ACCIDENTS

See First Aid (CSO.24) and Reporting of Accidents (CSO.47)

CSO.3 ACCOMODATION

Where facilities are available, (Company Name) will provide suitable sanitary washing and
changing facilities as well as space for materials storage. The Contractor must keep these areas
clean and tidy. However, where these facilities are not available, the Contractor must provide
his own facilities by fencing, partitioning or some other means.
CSO.4 ADVICE REGARDING SAFETY REQUIREMENTS

(Company Name) Management will assist Contractors in any practical way possible to facilitate
the safe execution of the work involved in the mutual interest of both parties.

CSO.5 ATMOSPHERIC CONDITIONS (General Safety Regulations 5)

Work shall not be carried out in any tank, vessel, chamber, manhole or other enclosed or
partially enclosed space or area in which dangerous fumes, toxic flammable gasses or oxygen
deficiencies are liable to be present without prior authority of the RESPONSIBLE PERSON for
(Company Name). The requirements of General Safety Regulation 5 of the Oshact 85 of 1993
shall be complied with at all times.

CSO.6 COMMISSIONING

Commissioning of any works undertaken by Contractors must only be done in consultation with
the Responsible Person of (Company Name).

CSO.7 COMPRESSED GAS CYLINDERS (Pressure Equipment Regulations)

Contractors shall:
7.1 make adequate arrangements for the safe custody of cylinders in their possession,
whether owned or hired or used under any other arrangement.
7.2 not store cylinders close to ignition sources.
7.3 take note of the precautions specified by the producer of the stored gas.
7.4 comply with the requirements of the OSHact 85 of 1993 for safe usage, handling,
storage and transportation on site..

CSO.8 CONTRAVENTIONS

See Penalties (Part 2)

CSO.9 CONTROL OF UNSAFE ACTS (Section 14 Oshact Act 85 of 1993)

The Contractor must ensure that all staff, which they bring onto the premises, are briefed (Tool
Box Talks) and controlled in order to work in a safe and tidy manner, and in compliance with the
Oshact Act 85 of 1993.

CSO.10 CONFINED SPACE (General Safety Regulations 5)

No person may commence any inspection or work in any confined space such as a drain, sump,
vessel, tank or any similar equipment or condition without written authorization from the
Responsible Person of (Company Name) . (See Work Permits CSO.66)
No person may enter any drain, sump, vessel, tank or any similar equipment unless the power
source and piped services have been locked out and secured. (See Lock Out CSO.36 and
Atmospheric Conditions CSO.5)

CSO.11 CORRECTING OF SUBSTANDARD CONDITIONS

The Contractor must make good any shortcomings in the standard of his work or with regard to
his safety provisions at his own expense and failing this, (Company Name) will rectify it for the
Contractor and debit the costs incurred to the contract price.

CSO.12 DESIGNATED RESPONSIBLE PERSON (Section 16 Oshact Act 85 of 1993)

All work must be carried out under the close supervision of the designated person employed by
the Contractor.

CSO.13 DRIVERS AND OPERATORS (General Machinery Regulations 4)

All drivers will be in possession of a current driving license or certificate of competency suitable
for the type of vehicle or plant which he is employed to drive or operate or which he actually
operates. The Contractor will also be responsible to ensure that his Sub-contractors and Plant
Hire operators comply with this requirement. Drivers may at any time be requested to produce
their license or certificate of competency by any authorized employee of (Company Name).
All drivers will keep within the speed limits, which apply within the site.

CSO.14 ELECTRICAL DRIVEN MACHINERY (Electrical Machinery Regulations 3)

No person is to work on any machinery unless it has been locked out (see Lock Out CSO.36).
Written authorization must be obtained from the Responsible Person of (Company Name).

CSO.15 ELECTRICAL EQUIPMENT (Electrical Machinery Regulations 9 and 10)

Portable earth leakage units to be used where earth leakage protection is not provided for in
the mains supply. All electrical leads are to be in sound condition with no damaged or broken
insulation. Plugs and sockets must not be cracked or broken. Polarity must be correct.

CSO.16 ELECTRICAL INSTALLATION (Electrical Installation Regulations)

No person shall attempt to connect or disconnect or work on any electrical installation without
compliance with the relevant Legal requirements (Electricity Act 41 of 1987 and Oshact 85 of
1993)

CSO.17 EMERGENCIES

See Fire (CSO.21) and First Aid (CSO.24)

CSO.18 EQUIPMENT CHECKS (CONTRACTORS EQUIPMENT)

See Electrical Equipment (CSO.15),

Hand Tools (CSO.27),
Ladders and Scaffold (CSO.33) and
Inspections (CSO.32)

CSO.19 EXCAVATION WORK (General Safety Regulations 13)

Where excavation work is required, the Contractor must satisfy himself by checking with
(Company Name) and by conducting on site inspections, that he is familiar with the possible
locations of electrical cables, drains, water mains, etc. and that all precautionary methods are
taken to avoid unnecessary damage to these services. Therefore, no excavation work may
commence until written permission has been obtained from (Company Name). In most cases
this will be in the form of approved plans signed by (Company Name).
All excavated areas shall be railed off, boarded over or properly demarcated. During the hours of
darkness (half an hour before sunset until half an hour after sunrise), these areas must be clearly
marked with amber flashing warning lights, similarly heaps of debris or material which cannot
be immediately removed, must be heaped in such a way as to leave adequate passage way for
the expected forms of traffic.

During the execution of any work, the surrounding area must be maintained in an orderly and
tidy condition, and loose material of any kind must not be left in aisles or walking areas.
Violations of this rule are a direct contravention of Section 9(1) of the Oshact 85 of 1993 and
should an accident arise from such a contravention, serious legal action may ensue.

All air-operated jackhammers are to be securely bonded to the earth system by means of a
flexible lead. Suitable provision is to be made for jumper connections to the earthing system to
prevent electrical shock to operators in the event of striking underground cables during
excavation work, etc.

CSO.20 EXPLOSIVE POWERED TOOLS (Driven Machinery Regulation 20)

These are to be used only after consultation with and approval from (Company Name) and must
be in compliance with all Legal requirements. It must be noted that in the case of Blasting,
(Company Name) must have sufficient time to notify the affected community two weeks prior
to such blasting taking place.

CSO.21 FIRE

(See Refuse (CSO.46))

Contact the Fire Services  (Telephone Number)
All employees must know the evacuation procedure, escape routes and the correct fire
extinguishers to use. The above must also be available for inspection where applicable.

CSO.22 FIRE ESCAPES AND ACCESS (Environmental Regulations for Workplaces 9)

Exit doors, fire doors or gangways must not be obstructed in any way, nor must access to fire
extinguishers, hydrants, and other fire fighting equipment be obstructed.

CSO.23 FIRE PRECAUTIONS (General Safety Regulations 9)

Before commencing any work, the Contractor must contact (Company Name) to discuss fire
precautions.

Any tampering with fire-fighting equipment by the contractor’s employees will be viewed in a
very serious light.

Smoking is not permitted in certain areas as demarcated by notice boards.

Bulk paint, paint thinners, petroleum, oil or any other flammable substance, shall not be stored
within 20 meters of any permanent building either under construction or completed.

All flammable liquids being worked with shall be kept in approved safety containers. The design
or type must be acceptable to (Company Name).
All combustible debris shall be removed from all buildings at the close of the work day and all
other debris shall be removed at least once every week.

Materials and / or equipment stored in cardboard cartons, wooden crates and other
combustible containers shall be stored in an orderly manner and be accessibly located. Fire
fighting equipment in quantity and type, as approved by (Company Name), shall be placed in the
vicinity of any such storage area.

CSO.24 FIRST AID (General Safety Regulations 3)

The Contractor should provide first aid boxes. Should these prove to be inadequate e.g. in the
event of a serious injury, (Company Name) facilities will be made available.

CSO.25 FLOOR / STRUCTURAL LOADING

Contractors must check to ensure that these will not be exceeded.

CSO.26 GUARDS (Driven Machinery Regulations)

Guards (e.g. machine guards, fencing, safety rails, chains etc.) shall not be removed without:
26.1 written permission of the Responsible for (Company Name) , and
26.2 strict and correct isolation procedures being adopted.

All machinery and plant brought onto the site by the Contractor shall be fully and properly
safety guarded in accordance with the requirements of the Oshact 85 of 1993 and the relevant
regulations made hereunder

CSO.27 HAND TOOLS

Chisels and punches - must not be mushroomed

Hammers - must not have chipped heads or cracked handles
Spades, shovels etc. - no broken handles
Wheelbarrows, hand trolleys, etc. - to be kept in good condition
Hand files - to have handles

CSO.28 HORSEPLAY

Running and horseplay in any part of the premises is strictly prohibited.

CSO.29 HOT WORK (General Safety Regulations 9)

No welding, cutting or any open flame work is permitted on site without permission.

CSO. 30 HOUSEKEEPING (Environmental Regulations for Workplaces 6)

After the completion of the work the Contractor must make good and clean the site where work
was performed. Sites must also be kept reasonably tidy during work operations.

Any material left lying about at the work area after completion of a job or subsequent to
instructions for removal by (Company Name) will be removed and the cost of removal shall be
recoverable from the Contractor. (Company Name) will not be reasonable for the safe custody
of any such material. See also Fire Precautions (CSO.23)
CSO.31 INJURIES

See First Aid (CSO.24)

CSO.32 INSPECTIONS

See also Equipment Checks (CSO.18)

The Contractor must conduct regular inspections of the working area including all machinery,
equipment, hand tools, etc.

The Contractor must ensure that all plant and equipment which is brought onto the premises is,
at all times, in a sound and safe condition.

(Company Name) Safety Officer has the authority to inspect any of the Contractors plant and
equipment as may be desired.

All tools and equipment must be inspected for safety and any relevant statutory inspection
certificates must be up to date before any equipment is used. This especially applies to
scaffolding, lifting equipment and pressure vessels, which require legal certification.

CSO.33 LADDERS AND SCAFFOLDING (General Safety Regulations 13)

All ladders and scaffolding should be constructed and assembled according to legal
requirements. It is further recommended that the Contractor establish the required register
control systems for such equipment.

CSO.34 LIABILITY

No permission under these rules shall in any way relieve the Contractor of his liability for the
accidents, injury or damages, which occur under the contract.

CSO.35 LIFTING GEAR (Driven Machinery Regulations 17, 18 & 19)

Contractors who bring cranes, lifting machines, lifting gear, equipment or tackle onto site will be
required to satisfy (Company Name) that the necessary statutory requirements have been
complied with.

CSO.35 LOCK OUT (General Machinery Regulations 6)

No person may commence any work on any equipment unless the power source and all piped
services have been mechanically locked out under control and written approval of the
Supervising Official, with a padlock and the key to each of the padlocks used for this purpose to
be held in safe custody by the Contractor. Appropriate “Lock Out” signs are to be displayed at
“Lock Out” points.

CSO.36 OVERHEAD ELECTRIC CONDUCTORS (Electrical Machinery Regulations)

Work shall not be carried out in the vicinity of overhead electric conductors without permission
(Company Name) in writing and prior approval and compliance with the requirements of the
Local Electricity Authority or ESKOM.
CSO.37 OVERHEAD WORKING (General Safety Regulations 6)

Adequate safeguards must be taken to protect personnel and the public. These arrangements
are to be approved by the Supervising Official before work commences. Tools or other materials
must not be thrown to the ground from elevated positions.

CSO.38 OVERTIME

If overtime must be worked, (Company Name)is to be notified well in advance in

order that the necessary permission along with security clearance may be
arranged.

CSO.39 MACHINERY REPAIRS (General Machinery Regulations)

No person is authorized to work on any machinery or equipment that is driven

by a power source or has any piped services unless all precautions have been
taken to render the equipment safe. The necessary permission must be
obtained from the Supervising Official.

CSO.40 PARKING

Contractor’s vehicles must only be parked in approved areas.

CSO.41 PENALTIES FOR MINOR DEFICIENCIES

The Contractor will be given a time period determined by (Company Name) to

rectify the deficiency; failure to do so may result in forced cessation of work. No
claim for compensation from the Contractor will be entertained. If (Company
Name)undertakes to rectify the deficiency, the Contractor may be liable for the
costs incurred.

CSO.42 PENALTIES FOR MAJOR DEFICIENCIES

Where the deficiency could immediately result in injury or severe loss, all work
will cease until the deficiency has been remedied. Failure to do so may result in
removal of the Contractor and / or unsafe equipment from (Company Name)
premises or sites.

CSO.43 PERSONAL PROTECTIVE EQUIPMENT (General Safety Regulations 2)

All necessary personal protective equipment must be supplied by the Contractor

and should be maintained in a good condition. All Contractors personnel and
visitors must wear adequate equipment for personal protection such as safety
helmets, goggles, gloves, special footwear etc. applicable to the particular
activity being carried out.

CSO.44 PUBLIC (Section 9)

All necessary precautions must be taken to eliminate any hazards the general
public might be exposed to as a result of the Contractors activities.
CSO.45 REFUSE

Burning of refuse is not permitted. Arrangements for the disposal of refuse are
to be made with (Company Name).

CSO.46 REINFORCEMENT

Access to reinforcement of small diameter, which is cast in and could cause

impalement of a person falling up against or onto such bars, is to be restricted.
Where access ways cannot be horizontally displaced above such reinforcement,
then the ends of such bars should be bent over (radius curve) to ensure that the
bars are out of the contact plane.

CSO.47 REPORTING OF ACCIDENTS (Section 24 Oshact 85 of 1993)

It must be noted that any reportable accident or machine failure relative to the
contract must be reported by the Contractor to the Department of Labour as
required under Oshact 85 of 1993. A copy of all such reports must be given to
(Company Name). The Contractor is expected to co-operate fully in this regard.

CSO.48 RESPONSIBILITY (Section 8 & 13 Oshact 85 of 1993)

The Contractor will be responsible for ensuring that each and every one of his
employees, agents, sub-contractors, suppliers or any other person having
authorized access to the site of the works is aquatinted with these rules

CSO.49 RESPONSIBLE PERSON (Section 13 Oshact 85 of 1993)

The Contractors RESPONSIBLE PERSON shall inspect the place of work and
ensure that it is safe, before allowing his subordinates to commence work. He
shall take all reasonable precautions to ensure that their activities are safe and
comply with the regulations of the Oshact 85 of 1993 as amended. A copy of the
Act and Regulations is to be kept on the work site.
See also Designated Responsible Person (CSO.12) and Responsibility (CSO.48).

CSO.50 ROADWORKS

The Contractor must ensure that he complies with all the relevant road traffic
regulations when performing road works. See also Sign Posting and Notices
(CSO.54).

CSO.51 ROOFING (General Safety Regulations)

No person is to inspect or commence any roof work without being safely

secured with an approved safety harness and has authorization from (Company
Name) for a determined roof area.

CSO.52 SECURITY

52.1 (Company Name) reserves the right for persons authorized by (Company Name)
to admit any person onto its premises, or to refuse admission, for whatever
reason.
52.2 (Company Name) reserves the right for persons authorized by (Company Name)
to search all persons, personal property, containers and vehicles should this be
deemed necessary.
52.3 All articles and equipment brought onto, or leaving the premises, shall be
declared to the Security Officer / Guards on duty. Where necessary, permits
should be obtained and produced when requested to do so. Only persons with
valid identification will be permitted to enter premises.
52.4 Contract workers shall not enter any section of the premises other than where
they have been authorized to work, unless accompanied by a (Company Name)
official.
52.5 All persons shall prominently display their company identification or the
(Company Name) Visitors Pass issued to them by the Security Guard at their
point of entry. Passes must be returned to the Security Guard on leaving the
premises.
52.6 Cameras, tape recorders and / or any other photographic or recording
equipment of a similar nature may not be brought onto the premises without
permission from the (Company Name).
52.7 Any person found tampering with (Company Name) equipment or pilfering; or
apparently under the influence of alcohol or drugs, will be removed from the
site and may be charged.
52.8 No intoxicating liquor, habit forming drugs, dangerous weapons or firearms may
be brought onto the premises.
52.9 No person under the influence of intoxicating liquors or drugs shall enter the
premises.
52.10 A person shall smoke in restricted / smoking areas only as demarcated by
`relevant signs.
52.11 The Contractor shall ensure that all equipment, tools and materials are kept
under lock and key. (Company Name) is not responsible for the loss of any
equipment, tools or material of the Contractor or his employees as a result of
any cause whatsoever.

CSO.53 SERVICE CONNECTIONS

Under no circumstances will any Contractor couple up to any water, electricity,

compressed air, steam or other piped services without first obtaining the
written permission from (Company Name). All connections for which permission
has been granted must be switched off before leaving the site.

CSO.54 SIGNPOSTING AND NOTICES

All notices and signs on (Company Name) premises must be adhered to at all
times. Contractors must familiarize themselves with the standard symbolic
safety signs. It might be necessary for the Contractor to erect signs to warn
against hazards and dangers at work sites and road work. The Safety and / or
Traffic Section can be approached for advice in this regard.

CSO.55 SPEED LIMIT

All vehicles must be driven with due consideration to personnel and property.
Adherence to speed limits is of utmost importance.

CSO.56 SPILLAGE

Should the operations of the Contractor cause the accidental spillage of oils,
grease, corrosive, inflammable, abrasive or any other substance that could
 result in injury, impairment to persons or operating plant and equipment, then
such spillage shall be removed and surfaces made clean and safe and, where
necessary, restored to their previous condition immediately upon such request
being made by (Company Name).

CSO.57 SUPERVISION

All work must be carried out under the close supervision of a competent
employee of the Contractor. See Correcting of Substandard Conditions (CSO.11).

CSO.58 TUNNELING AND USE OF EXPLOSIVES

For any work involving tunnelling methods and / or the use of explosives, the
Contractors attention is drawn to the Regulations governing such activities in
terms of the Mines and Works Act No. 27 (1965), the Explosives Act No. 26
(1956) and the project specifications. Where such work is carried out on site the
necessary precautions in terms of the related regulations be strictly adhered to.

CSO.59 USE (Company Name) PLANT AND EQUIPMENT

On no account are Contractors allowed to operate (Company Name) plant and

equipment. If use of any such equipment is required, application must be made
to (Company Name)in writing, who will then if necessary and in the best interest
of (Company Name), grant the Contractor the necessary permission, (Company
Name) staff will operate such equipment and plant.

CSO.60 VESSEL ENTRY

See Confined Space (CSO.10) and Atmospheric Conditions (CSO.5).

CSO.61 VEHICLES

All vehicles shall be in a good state of repair and where applicable, roadworthy.
Vehicles may at any time be subject to inspection and if found to be defective or
Dangerous will not be allowed on site until such defects rectified and the
equipment put back into proper working order. Vehicles shall not be loaded in
such a manner or to such an extent as to interfere with the safe driving or
operating of the vehicle.

Diesel, oil, petroleum and other volatile / corrosive spills on roads / footpaths
shall be immediately cleared, cleaned.

CSO.62 WARNINGS

See Sign Posting and Notices (CSO.54).

CSO.63 WELDING

See Hot Work CSO.29 and Work Permits CSO.65.

CSO.64 WORKMENS COMPENSATION

It is a condition of this contract that the Contractors workmen and any sub-
contractors be covered in terms of the Compensation for Occupational Injuries
and Diseases Act. Furthermore, the Contractor undertakes that such cover will
not lapse during the continuation of the work. Contractors must provide a valid
“Letter of Good Standing”.

CSO.65 WORK PERMITS

Certain risk areas on a site may be designated as WORK PERMIT AREAS.

Contractors must not work in these areas without obtaining the necessary Work
Permit / Clearance Certificate.
See also, Confined Space (CSO.10),
Excavation Work (CSO.19),
Fire Precautions (CSO.23),
Hot Work (CSO.29) and
Roofing (CSO.51).

CSO.66 UNDERTAKING

The Contractor must sign and return the attached undertaking before the
contract will be accepted(Company Name) and form part of the Contractors
Safety file.
 (Company Name)

OCCUPATIONAL HEALTH AND SAFETY ACT 85 of 1993

SAFETY AGREEMENT BETWEEN CLIENT AND CONTRACTOR

Details of person responsible for this contract;

Name:
Position:
Contract Number:

Written Agreement Between

(Company Name) (the client):

...........................................................................................................................................

And

Contractor /Consultant:

...........................................................................................................................................

As envisaged by Section 37(2) of the Occupational Health and Safety Act, No 85 of 1993, as
amended.

I ............................................................... representing.....................................................
(Contractor /Consultant) do hereby acknowledge that......................................................
(Contractor /Consultant) is an employer in its own right with duties as prescribed in the
Occupational Health and Safety Act No. 85 of 1993, as amended) and I agree to ensure that all
work will be performed, or machinery and plant used in accordance with the provisions of the
said act. I further more agree to comply with all other relevant Acts while providing a service
to (Company Name).

I acknowledge having read and understood the “(Company Name) Contractor’s Safety
Obligations”. I will ensure that all sub-contractors are properly informed and adhere to all the
safety rules and regulations whilst on the premises. I will liaise with the responsible person,
should i for whatever reason, not be able to complete the task/project or perform in terms of
this agreement.
My company is registered with the Workman’s Compensation Commissioner for Injuries on
Duty as stipulated by the Act. My registration number is........................................................
We/I also agree that; the Contractor or Sub-contractor, by their signatures hereto, do
unreservedly and irrevocably indemnify (Company Name) and hold it harmless against all the
clause demands, actions, and law suits, which may be made or instituted against it for;
 Any death, injury or incident to the Contractor, Sub-contractor and/or their
employees or agent customer or visitor of the Contractor.
 Any damage to property of the Contractor, Sub-contractor, and/or their employees or
any agent customer or visitor of the Contractor, including any loss of such property from
whatsoever, while on the premises.
 Any claims resulting from non-compliance with legislation.

Signed on this (date) ............................…...at (place).........................................................

Signed on behalf of Contractor:

...................................................

Signed on behalf of (Company Name):

...................................................