I'm a property developer - does that make me a client or a contractor, in terms of Construction Regulations?

Property developers may undertake construction work on their own properties, or they may appoint contractors to do so. So, in terms of the OHS Act, what are the developer's Health and Safety obligations?

First, let's get to a few definitions - what is "Construction Work", who is a "client", and who is a "contractor"? "Developer" is not defined in Construction Regulations and therefore his obligations are determined in terms of client and contractor definitions.

Definitions:

"Contractor" means an employer who performs construction work.

"Client" means any person for whom construction work is being performed.

"Construction work" means any work in connection with:
a. the construction, erection, alteration, renovation, repair, demolition or dismantling of or addition to a building or any similar structure; or
b. the construction, erection, maintenance, demolition or dismantling of any bridge, dam, canal, road, railway, runway, sewer or water reticulation; or the moving of earth, clearing of land, the making of excavation, piling or any similar civil engineering structure or any similar type of work.

Developers may fall into the defintions of both Contractor and Client - simply meaning that the developer must fulfill the Duties of Client, and the Duties of Contractor as contemplated in Construction Regulations 5 and 7 respectively. For the uninitiated, this can be a daunting requirement, to say the least.

For simple and affordable OHS compliance, contact SHe Files at admin@shefiles.co.za