Health and safety updates can be expected to be announced soon following the inquiry in the Tongaat Mall collapse.

The skills of the health and safety officer where expected to have were questioned extensively during the inquiry. It is likely that more training is required for the health and safety officer before the employer to be considered to be compliant.

The Tongaat Mall inquiry followed the collapse of parts of the new mall that was under construction in Tongaat late 2013. Two construction workers were killed and 29 were wounded in the incident. Initial investigation revealed that the construction company had used insufficient reinforcement in the beams, didn't ensure the pile could sustain the designed pile load and that they deviated from the load-carrying capacity.

A representative of the subcontractors responsible for the construction of the ill-fated structure, claimed during the enquiry that the health and safety officer was a competent safety consultant. Nevertheless, it is believed that health and safety updates are needed.

But the representative who represented the municipality in the inquiry, claimed differently. He said that the contractor failed to comply with the provisions of the National Building Regulations, and the Building Standard Act.

Health and Safety Non-compliance

During the investigation it came to light that most companies make use of out-dated information when drafting their contracts. Many still make use of the General Conditions of Contract 2010 template where reference is made to the appointment of a health and safety consultant. However this definition is not yet included in the amendment of the construction regulations. And the latest version (version 6.1) of the Joint Building Contracts Committee no longer speaks about 'forfeiture of claims'. In fact, employers carry full responsibility for adhering to the construction regulations. The contract even requires health and safety matters specifically being identified in the contract. These Health and Safety Specification must be referred to, and included in the contract, as well as the design risk report related to costs identified by the designer. During the inquiry it was claimed that tender documents often are not compliant with new regulations. Many construction companies still fail to appoint a Construction Occupational Health and Safety officer to ensure the health and safety onsite as is stipulated in SANS 294. A reference to this standard should be made in preparing tender documents.

Health and Safety Registration interview up for change

The South African Council for Project and Construction Management Professions has already decided to update the construction health and safety manager registration interview to an exam. While this is a step forward, it is still not compulsory by law for construction health and safety managers to be registered.

The Tongaat Mall collapse made it clear that the pressure to deliver within budget and on time still makes companies decide to ignore safety rules and to take short cuts. I hope that lessons will be taken from the incident and that recommendations made following the inquiry, will be introduced.

Never underestimate the importance of health and safety consultants or the need for training. Contact MAKROSAFE today if you need your health and safety compliance to be checked by a health and safety consultant or when you want to send your health and safety officer for additional training.

(For today's blog I made use of information that was initially published on the ANN7 website)