UBUNTU EXPERT INSIGHT…

While it is commonly believed that a Health and Safety File is only required by businesses involved in the Construction and Mining sectors, the fact is that regardless of your industry, every employer remains responsible for ensuring the health and safety of its employees.

The Occupational Health and Safety Act states the following:
‘An employer has a duty to ensure, as far as is reasonably practicable, that the working environment is safe and without risk to the health of his employees, or anyone that can be affected by their acts or omissions’.

What is a Health and Safety File and why does my business need one?
A safety file, as defined in the Construction Regulations, is a file, or other record containing all information in writing, that is required by the Regulations.

The Construction Regulations, section 7(1)(b), states the following:
‘A principle 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.’

Taking into consideration that this information is published in legislation, it must be understood that having a Health and Safety File on site is a legal requirement. This means that if you do not comply, you can be held legally liable for any injury or loss on site and during the course of work.

The Construction Regulations Amendment of 2014 implies that while everyone is responsible for health and safety, employers are responsible for ensuring that everyone complies with the safety requirements that govern their duties.

A Health and Safety File is a document that explains safety procedures, drawn up by a competent person for employees and ensures that they comply with safe work practices. A Health and Safety File is required every time that you go out and perform work on site, regardless of the duration of the project. If you do not have a legally compliant Health and Safety File, the following are possible repercussions:

Removal from site: A client can elect to have your company removed from the site. Other legal entities that can request your removal include the client’s agent, the Department of Labour, or any third-party agent affiliated with the project;

Fines: A client may legally fine your company, the details of which will be specified in the client’s health and safety specifications. Fines can amount to any figure up to R50 000 per transgression of the Act or Regulations by the Department of Labour;

Imprisonment: You can be imprisoned for up to 1 year.

Why is a Health and Safety File so expensive?
Considering the responsibility and legal liability that rests with you as an employer, the specialised knowledge required to compile a relevant file for your business and the implications of what could result due to non-compliance – the cost of a Health and Safety File is well worth the cost.

If you pay a once off amount, and if you do not have a competent person for this function on site, a small monthly fee helps you to ensure that your Health and Safety File is up to standard and fully compliant with your needs. This approach will save you cost over time and provide you with access to the specialist expertise that you need to manage your risks efficiently and cost effectively.

Your appointed Health and Safety specialist must have the required qualifications to perform this specialist function and as a business, you are entitled to request our qualifications for your peace-of-mind.

A Health and Safety File is not simply a document, but rather a working file that must be continually updated.

Need more advice like this? Set up a Professional Business Consultation with one of our Company Registration Specialists

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