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A Health and Safety File, otherwise known as a Safety File, can be simply defined as a record of information which focuses on the management of health and safety on-site for both contractors as well as subcontractors. The safety file ensures that the employer is protected from criminal liability in addition to proving compliance with the Occupational Health and Safety Act.

Overview Safety Files are also known as a ‘Contractor Health and Safety File’. Simply defined, it is a record of information which focuses on the effective management of health and safety on construction sites for both contractors and contractors.  Why must site files be submitted for health and safety? Simply, it protects the employer from any criminal liability in addition to proving the compliance with the Occupational Health and Safety Act and Regulations. The Safety File is, therefore, imperative, and it is legally required that all contractors and subcontractors compile one. South African law and the health and safety file Each contractor as well as subcontractor must have a safety file which is always available, as stipulated in the Occupational Health and Safety Act (85 of 1993) along with the Construction Regulations (2014). According to both the Occupational Health and Safety Act as well as the Construction Regulations, the following is applicable: Construction Regulation 3(6) – The client (employer) must ensure that the principal contractor keeps a copy of the construction work permit contemplated as per sub-regulation (1) in the Occupational Health and Safety file for inspection by any inspector, the client, an authorized agent of the client, or an employee. Construction Regulation 5(1)(s) – The client (employer) must ensure that the health and safety file as per regulation 7(1)(b) is kept as well as maintained by the principal contractor. Construction Regulation 7(1)(b) – The principal contractor must open and keep on-site health and safety file, which must include all documentation required, in terms of the Act and these regulations, which must be made available upon request to an inspector, the client, an agent of the client, or a contractor. In addition, the health and safety file must be maintained by safety personnel on site and audited by a person who has been deemed competent.

As an employer, it is imperative to consider the specific health and safety requirements when using contractors and subcontractors in South Africa. Both the employer and the contractor have their own duties under the Occupational Health and Safety Act, along with any other health and safety law. Should the contractor make use of their own subcontractors, such as a building contractor using the services of an electrician or a plumber, both will have health and safety responsibilities.

Contractors can provide important business benefits. They also offer a practical and a profitable way of managing workloads which vary. However, there is one important consideration where they are concerned pertaining to contractor health and safety and who is responsible in South Africa. Is it the employer or the contractor?

Contractor Health and Safety – Whose Responsibility is it in South Africa?   Overview To explore contractor Health and Safety as well as whose responsibility it is in South Africa, it is imperative to explore the concept of ‘contracting’ as well as the factors involved. This will provide a more concise idea of the responsibilities associated with Health and Safety in the South African context in workplaces.   Contractors A contractor serves the purpose of providing services which are contracted for a certain period. They can either be classed as an employee or worker, or they can be an individual who is self-employed. Contractors can also work for a client via an umbrella company or an agency. In cases such as these, the contractor’s employer is the umbrella company or agency instead of the client directly. Contractors can be used for a multitude of tasks, including, but not limited to: Building and/or construction work Cleaning Recruitment Catering Gardening and Landscaping Marketing Information Technology Support as well as maintenance, and Safety and Security Services

As per the Occupational Health and Safety Act 85 of 1993, the employer is legally bound to provide and maintain, as far as reasonably practicable, a working environment which is safe and without risk to the health and safety of workers.

The office environment may not comprise of a lot of manual labour as that which can be found in other industries. However, this does not mean that office health and safety is not important, as there are still injuries which can occur, which the employer can be liable for should there be non-compliance with the Occupational Health and Safety Act.

What are office health and safety hazards and risks? Simply defined, an office hazard is any aspect in an office which may cause health and safety risks and that has the potential to harm. A risk is the likelihood, or chance that an incident will occur.

Step-by-step guide to build a Health and Safety Site File Overview Without a health and safety file, contractors working on sites in South Africa face severe criminal offenses along with numerous costly liabilities which result from damages as well as hazards on work sites. Many companies may not know what to include in their health and safety files, and for this reason it is crucial to provide a step-by-step guide to build a health and safety site file. Safety files, as they are also known more commonly, contain records of data which is developed by project supervisors specifically for end-users with close adherence where health and well-being standards are concerned. The safety file severs numerous functions, with one being a source of health and safety references for peer contractors as well as workers who must conduct repairs, maintenance, and demolitions. This document, or record, protects employers from any type of liability which results from criminal offenses apart from proving compliance with the Occupational Health and Safety Act and Regulations.