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NOTICE REGARDING APPLICATION FOR CONSTRUCTION WORK PERMIT

Sunday, 15 July 2018  
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R.641 of 2015

(G.G. 39025 of 24/07/2015)

DEPARTMENT OF LABOUR

NOTICE REGARDING APPLICATION FOR CONSTRUCTION WORK PERMIT OF CONSTRUCTION WORK IN TERMS OF THE CONSTRUCTION REGULATIONS 2014 OCCUPATIONAL. HEALTH AND SAFETY ACT, 1993 CONSTRUCTION REGULATIONS, 2014

Under section 40(3)(b) of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), I, Tibor Szana, appointed as chief inspector in terms of section 27(1) of the said Act, and by virtue of the powers delegated to me by the Minister of Labour, in terms of section 42(1) of the said Act, hereby grant the following temporary exemptions of the Construction Regulations 3 in terms of section 40 of the said Act:

1. A client who intends to have construction work carried out, must at least 30 days before that work is to be carried out apply to the provincial director in writing for a construction work permit to perform construction work if the intended construction work starts after the 7th of August 2015 and the works contract is of a value exceeding one hundred and thirty million rand or Construction Industry Development Board (CIDB) grading level 9.

2. A client who intends to have construction work carried out, must at least 30 days before that work is to be carried out apply to the provincial director in writing for a construction work permit to perform construction work if the intended construction work starts on or after the 7th of February 2017 and the works contract is of a value exceeding forty million rand or Construction Industry Development Board (CIDB) grading level 8.

3. A client who intends to have construction work carried out, must at least 30 days before that work is to be carried out apply to the provincial director in writing for a construction work permit to perform construction work if the intended construction work starts on or after the 7th of August 2018 and exceeds 365 days; will involve more than 3600 person days of construction work ; or the works contract is of a value exceeding thirteen million rand or Construction Industry Development Board (CIDB) grading level 7.

T. Szana
Chief Inspector

***IMPORTANT INFORMATION***

Members are reminded that Phase 3 of the Construction Regulations 2014 implementation phases, related to the application of a Work Permit, will come into effect on 7 August 2018. This means that all construction work contracts exceeding a value of R13 million will require a Construction Work Permit.

 

Word has it that the Department of Labour (DoL) may not go ahead and implement phase 3 of the Notice. Mr Phumi Maphaha,Director of Construction, Explosives & Major Hazard Installation(DoL) has in recent times, on more than one occasion, stated that the DoL will "carry on as is", meaning that the DoL will continue with phase 2 and not enforce phase 3. This will however have to be made effective by means of an official DoL Notice, which to date has not been published by the DoL.

 

Saiosh has written to the Chief Inspector, Mr Tibor Szana (DoL) and asked him what the intention is of the DoL with regards to phase 3 of the Notice, we are awaiting a reply.Should there be no official exemption Notice from the DoL then clients who intend to have construction work carried out (of which the value exceed R13 million) will as from 7 July 2018 (which is 30 days before the work is to be carried out) have to apply for a Construction Work Permit.

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