Residential Estate Industry Journal 4 - Page 34

GOVERNANCE OHSA OCCUPATIONAL HEALTH AND SAFETY ACT Residential estates should familiarise and align themselves with the Occupational Health and Safety Act, Act 85 of 1993, and the regulations made thereunder. What should be done? Every residential estate must have in their possession a health and safety file that includes, but is not limited to, the following The benefits of joining the movement minimum requirements: By creating a culture of legal compliance • • that identifies all hazards and risks within an estate, HOAs promote clarity and trust in those who have vested interests in the residential estate. This furthermore enables estate management to demonstrate • • the baseline risk assessment; legal liabilities, penalties and fines. By doing • • estate, which many believe is fundamental • • to a successful residential estate. place; • • as contemplated in the Act, are properly discharged. The act formally introduces the CEO, in relation to a body corporate, as the person who is responsible for the overall management and control of the business or herself from their responsibilities or liability, assign the duties to any person under their control, more commonly known to us as the manager, and in most cases this duty is bestowed on the general manager. preventing occupation prior to issuing of an occupancy certificate. These are just the definition of control. The duty of the that was bestowed on them, by virtue of their partial responsibility, and to ensure, as far as reasonably practicable, that all sites within the estate also comply with the Act. “taking all necessary measures to ensure that the requirements of this Act are complied with by every person in his employment or on premises under his control”. The Health, Safety and Environmental Law Society conducted a survey in 2017, where 437 health and safety professionals voted that it is contra bonos mores (against the • • Various legal appointments; • • Proof of employee training on Health construction sites comply. and Safety; • • Proof of safe operating procedures; • • Contractor management plan and estate does not take steps to ensure that It is not a daunting task to ensure that an estate as a whole complies, and the benefits of doing so far outweigh the effort. mandatary agreements; • • A waste management plan; • • A documented emergency preparedness and response plan. What about construction sites within the residential estate? Section 8(2)(g) highlights the following duties of the residential estate: PAGE 32 ensuring that sites are barricaded, or even good morals of society) if the residential of such body corporate The CEO may then, without absolving him The certificate of good standing from the compensation fund; the CEO must ensure that the health and safety duties of the residential estate, Further proof of a comprehensive Health and Safety plan must be in Who must do it? Section 16(1) of the Act declares that A documented Health and Safety Policy must be in place; so, they inevitably protect the brand of the enforcing good housekeeping practices, estate is to exercise the power of control factors, which were identified within By ensuring that an estate complies with such as stopping illegal building activities, Documentation must exist to prove completed pertaining to the high-risk the estate and increases its value. and restrict the affairs on a building site, some of the powers that bind them to or issue-based risk assessments were processes, which strengthens the brand of are equipped with the power to guide attached to every task and activity; that more comprehensive task-based sound management structures, systems and the law, HOAs minimise the risk of possible The baseline risk assessment document Residential estate management teams Kevin Erasmus