Legal Framework for Scaffolding in South Africa

Date: June 4, 2024

Category: Scaffolding|Industrial Maintenance|Legal

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The legal framework for scaffolding in South Africa is governed primarily by the Occupational Health and Safety Act, 1993. The Act empowers the Minister of Labour to make regulations for various sectors including those that apply to scaffolding.

Construction Regulations, 2014

The Minister of Labour promulgated regulations for the construction industry, called Construction Regulations, 2014.

Key definitions

The regulations provide a set of definitions related to scaffolding. These definitions are:

“scaffold” means a temporary elevated platform and supporting structure used for providing access to and supporting workmen or materials or both;

“structure” means —

(a) any building, steel or reinforced concrete structure (not being a building), railway line or siding, bridge, waterworks, reservoir, pipe or pipeline, cable, sewer, sewage works, fixed

vessels, roads, drainage works, earthworks, dams, walls, masts, towers, tower cranes, bulk mixing

plant, pylon, surface and underground tanks, earth retaining structure or any structure designed to preserve or alter any natural feature, and any other similar structure;

(b) any falsework, scaffold or other structure designed or used to provide support or means of access during construction work; or

(c) any fixed plant in respect of construction work which includes installation, commissioning, decommissioning or dismantling and where any construction work involves a risk of a person falling;

“suspended platform” means a working platform suspended from supports by means of one or more separate ropes from each support;

“temporary works” means any falsework, formwork, support work, scaffold, shoring or other temporary structure designed to provide support or means of access during construction work;

Section 16 of Construction Regulations

Section 16 deals of the Construction Regulations, 2014 deals specifically with scaffolding. It read as follows:

16. (1) A contractor must appoint a competent person in writing who must ensure that all

scaffolding work operations are carried out under his or her supervision and all scaffold erectors, team leaders and inspectors are competent to carry out their work.

(2) A contractor using access scaffolding must ensure that such scaffolding, when in use,

complies with the safety standards incorporated for this purpose into these Regulations under section 44 of the Act.

Notes:

a) Scaffolds must comply with SANS 10085

SANS 10085

The SANS 10085 regulations provide an in-depth set of guidelines for scaffolding. Amongst the issues that it highlights are:

Communication Skills – The standard provides advice on improving communication, engaging stakeholders, communicating within teams and getting things right the first time through clear communication.
Supervisory skills – The standard indicates the importance of supervision of scaffolding installations and the importance of managing projects.
Erecting and dismantling scaffolds: The standard shows to erect and dismantle various types of scaffolding.
Scaffold inspection: This covers the erection of the scaffold, scaffold integrity (foundations and suitability to task), access, materials, planking, guardrails and toe boards working on scaffolds, and related matters.
Risk assessment: As part of risk assessment many issues are considered including the potential for accidents and the usage of standards to prepare safe working environments.

The standard also provides exemplars in the following areas: