TLDR

Scaffolding in South Africa is governed by three interlocking instruments: the Occupational Health and Safety Act 85 of 1993, the Construction Regulations 2014, and SANS 10085 (updated in 2024). Together, they make compliance mandatory — not advisory. Contractors who fail to comply face project shutdowns, criminal prosecution, and civil claims running into hundreds of millions of rands.

---

Table of Contents

• The Legal Foundation: OHS Act 85 of 1993
• Construction Regulations 2014: The Specific Scaffolding Rules
• SANS 10085: The Incorporated Technical Standard
• What a Scaffolding Safety File Must Contain
• Consequences of Non-Compliance
• Pro Rise Scaffolding: Fully Compliant, Fully Certified
• Frequently Asked Questions

---

The Legal Foundation: The OHS Act 85 of 1993 {#ohs-act}

The Occupational Health and Safety Act 85 of 1993 (OHS Act) is the foundational legislation governing workplace safety across all South African industries, including construction and industrial plant environments. Under Section 43 of the OHS Act, the Minister of Employment and Labour has authority to promulgate industry-specific regulations. The Construction Regulations, 2014 were published under this authority.

The OHS Act creates non-negotiable obligations for every employer:

• Provide and maintain a working environment that is safe and without risks to health
• Identify all hazards and assess risks before work begins
• Implement controls to eliminate or reduce those risks to an acceptable level
• Ensure all persons on-site are trained and competent for their assigned tasks

Critically, Section 37 of the OHS Act extends personal liability to directors, managers, and supervisors. If a contravention occurs within an individual's area of responsibility, they face personal criminal liability — not only the employing entity.

---

Construction Regulations 2014: The Specific Scaffolding Rules {#construction-regulations}

The Construction Regulations, 2014 (Government Gazette 37305, promulgated 7 February 2014) contain South Africa's specific legal requirements for scaffolding work on construction and industrial sites. Sections 16 and 17 deal directly with scaffolding and suspended platforms.

Section 16: Scaffolding

Section 16 is the core scaffolding provision. It states:

"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."

Section 16(2) further requires that any access scaffolding in use must comply with the safety standards incorporated into the Regulations under Section 44 of the OHS Act. That incorporated standard is SANS 10085.

Key obligations under Section 16:

• A competent person must be formally appointed in writing before scaffolding work begins
• All scaffold erectors, team leaders, and inspectors must hold valid certificates of competency
• All scaffolding must comply with SANS 10085 at all times while in use
• Inspections must be conducted as required by SANS 10085
• Inspection records must be maintained on-site in a scaffold inspection register

Section 17: Suspended Platforms

Section 17 governs suspended platforms — scaffolding hung from above by ropes, cables, or outriggers, commonly used on the facades of tall buildings and certain industrial structures. Suspended platforms carry additional requirements including:

• Structural engineer approval for the rigging arrangement before first use
• Load testing before first use
• Written safe operating procedures for all operators
• Regular inspection and certification by a competent person

Suspended platforms present additional risk compared to supported scaffolding and carry correspondingly stricter legal requirements.

---

SANS 10085: The Incorporated Technical Standard {#sans-10085}

SANS 10085 is the South African National Standard for access scaffolding, published by the South African Bureau of Standards (SABS). Its incorporation into the Construction Regulations transforms it from a technical guideline into a mandatory code of practice — enforceable in law.

The standard covers:

• Definitions and scope of application
• Material specifications (steel grades under SANS 657-1, timber, couplers, and components)
• Design principles and load calculations for various scaffold configurations
• Step-by-step erection procedures for all common scaffold types
• Mandatory inspection frequencies and procedures
• Systematic dismantling procedures
• Competency and training requirements for all personnel categories
• Risk assessment methodology

The most recent revision — SANS 10085-1:2024 — updates the 2004 standard significantly. The most operationally significant change is the formal prohibition of trestle scaffolds (commonly known as "bokkies") and certain non-compliant frame scaffolds. These structures remain in use on many older South African sites and are now non-compliant.

For a complete breakdown of SANS 10085-1:2024 requirements and practical compliance tips, see our SANS 10085 complete compliance guide.

---

What a Scaffolding Safety File Must Contain {#safety-file}

The Construction Regulations require a project safety file to be maintained for every construction or industrial site where scaffolding is in use. For a Department of Employment and Labour inspector, the scaffolding safety file is the primary evidence of compliance. A complete file includes:

• Written appointment letters for all competent persons, signed before work begins
• Certificates of competency for all scaffold erectors, team leaders, and inspectors
• Design drawings and structural calculations for any non-standard or complex scaffolds
• Site-specific risk assessment records, completed before erection
• Scaffold inspection register (dates, findings, tag status, and competent person signature)
• Training records for all personnel involved in scaffolding operations
• Maintenance logs and records of any repairs or modifications during the project
• Incident reports for any event that could affect scaffold integrity

The safety file must be available on-site at all times. On project completion, it must be handed over to the client as part of the project close-out documentation.

---

Consequences of Non-Compliance {#consequences}

Non-compliance with the OHS Act and Construction Regulations is not a minor administrative issue. The consequences are serious and enforceable.

Criminal prosecution: Under Section 38 of the OHS Act, any contravention is a criminal offence. Directors, managers, and supervisors face prosecution and conviction — not just the employing company. Penalties include fines and imprisonment.

Project shutdowns: A Department of Employment and Labour inspector who identifies non-compliant scaffolding has authority to issue a prohibition notice, immediately halting all work until compliance is demonstrated. On a planned plant shutdown where every hour counts, a prohibition notice is catastrophic.

Civil liability: Workers injured due to non-compliant scaffolding can bring civil claims against the employer. The Compensation Fund has paid out more than R500 million in construction-industry injuries in a single financial year — a direct reflection of non-compliance across the sector.

Loss of procurement eligibility: Major industrial clients — refineries, petrochemical plants, power utilities — require documented OHS compliance as a condition of contractor procurement. Non-compliance disqualifies a contractor from bidding for industrial work.

South African courts have consistently found employers liable where OHS obligations were ignored — and have established that generic risk assessments, verbal inspections, and unsigned appointment letters are all insufficient to demonstrate compliance.

---

Pro Rise Scaffolding: Fully Compliant, Fully Certified {#pro-rise}

Pro Rise Scaffolding is a Johannesburg-based industrial scaffolding contractor, operating across Gauteng and into KwaZulu-Natal. Every scaffold we design, erect, and dismantle meets the full requirements of the OHS Act, the Construction Regulations 2014, and SANS 10085-1:2024.

Our certifications include:

• Scaffolding Erectors (CETA-accredited)
• Scaffolding Inspectors
• Working at Heights
• Legal Liability
• First Aid (on every crew)
• Safety Health Representative (SHE Rep)

We maintain a complete, project-specific safety file on every job and provide full documentation on handover. For plant managers and procurement officers looking to outsource scaffolding to a fully compliant partner, Pro Rise Scaffolding delivers the technical expertise, certified personnel, and documented compliance that industrial clients require.

Contact us today for a consultation and free quote.

---

Frequently Asked Questions {#faq}

Is SANS 10085 legally binding in South Africa?

Yes. SANS 10085 is incorporated by reference into the Construction Regulations 2014 under the OHS Act, making it a mandatory code of practice. Compliance is not optional for any contractor using access scaffolding in South Africa.

What legislation governs scaffolding in South Africa?

Three instruments work together: the Occupational Health and Safety Act 85 of 1993 (the primary law), the Construction Regulations 2014 (the specific requirements for construction and industrial sites), and SANS 10085 (the incorporated technical standard). The Compensation for Occupational Injuries and Diseases Act (COIDA) also applies where workers are injured.

What is a "competent person" under the Construction Regulations?

A competent person is someone with the required theoretical knowledge, practical skills, and experience to perform a specific task safely and in compliance with the applicable standards. For scaffolding, this means formal training, a valid certificate of competency, documented practical experience, and a written appointment by the contractor before work begins.

Who is legally responsible if scaffolding collapses on a South African site?

Primary legal responsibility rests with the contractor, who carries a non-delegable duty of compliance under Section 16 of the Construction Regulations. The appointed competent person may also face personal liability. The client or principal contractor may bear additional liability if they failed to verify the contractor's compliance before awarding the contract.

Can an individual be personally prosecuted for scaffolding non-compliance?

Yes. The OHS Act imposes personal duty on directors, managers, and supervisors for contraventions within their area of responsibility. Personal prosecution, fines, and imprisonment are all possible outcomes.

What must a scaffolding safety file contain?

At minimum: written competent person appointments, certificates of competency for all erectors and inspectors, a site-specific risk assessment, design drawings and calculations for complex scaffolds, a scaffold inspection register, training records for all personnel, and incident reports for any events affecting scaffold integrity. The file must be on-site and available for inspection at all times.

What is the difference between Section 16 and Section 17 of the Construction Regulations?

Section 16 covers supported access scaffolding — the most common type, where the scaffold stands on the ground or a stable base. Section 17 covers suspended platforms, which hang from above. Suspended platforms carry additional requirements including structural engineer sign-off and load testing before use.