Fall protection plan in South Africa: who prepares it, what it must contain and what the client checks

Every contractor doing construction work with a fall risk must have one. Regulation 10(1) of the Construction Regulations, 2014 makes the contractor designate a competent person to prepare the plan. The contractor must then implement it, amend it when needed and keep workers adhering to it.^[1]

Regulation 1 defines a fall protection plan as "a documented plan" with three parts. It covers the risks of working from a fall risk position, the methods to eliminate the risk of falling, and a rescue plan. The duty sits with each contractor, including a sub-contractor, because the regulations define a contractor as "an employer who performs construction work".^[1]

Construction work covers building and civil work, including repair, renovation, alteration and dismantling of a structure (regulation 1). Maintenance work at a plant can therefore fall under regulation 10, for example steel erection or roof repairs.^[1]

The regulations set no minimum height. Regulation 1 defines a fall risk as "any potential exposure to falling either from, off or into". A fall into an excavation or an opening therefore counts as well.^[1]

Regulation 10(2) of the Construction Regulations, 2014 lists five contents. Each one is a separate item a client or an inspector can look for:^[1]

• a risk assessment of all work from a fall risk position, with the methods that address each risk per location (regulation 10(2)(a));^[1]
• the processes for evaluating employees' medical fitness to work at a fall risk position, and the records of it (regulation 10(2)(b));^[1]
• a training programme for employees working from a fall risk position, and the training records (regulation 10(2)(c));^[1]
• the procedure for the inspection, testing and maintenance of all fall protection equipment (regulation 10(2)(d));^[1]
• a rescue plan naming the procedure, personnel and equipment, so a rescue starts immediately after a fall (regulation 10(2)(e)).^[1]

For roof work, the plan must also show six further points (regulation 10(5)). The roof work must be properly planned and the roof erectors competent. Nobody may work on a roof in inclement weather or other hazardous conditions.^[1]

Covers over openings and fragile material must withstand any imposed load. Platforms or coverings must carry the weight of anyone crossing fragile material. Guard-rails, barriers and toe-boards must prevent, as far as reasonably practicable, the fall of any person, material or equipment.^[1]

A competent person designated by the contractor (regulation 10(1)(a)). A competent person has the knowledge, training, experience and any qualifications specific to the task (regulation 1). That person must also be familiar with the OHS Act and its regulations.^[1]

Where a qualification is registered on the National Qualifications Framework, that qualification counts as the required training (regulation 1). SAQA lists unit standard 229994, "Assess a worksite for work at height and prepare a fall protection plan", at NQF level 4 with 3 credits.^[1][3]

SAQA shows the registration of unit standard 229994 as ended on 30 June 2023. Learners may still enrol until 30 June 2029 and achieve it until 30 June 2032. A separate level 2 standard, 229995, covers implementing the plan and basic rescues from fall arrest systems.^[3][4]

In practice, the person who holds unit standard 229994 is often called a fall protection planner. The Construction Regulations, 2014 do not use that title or set a register for it. They require registration with an approved statutory body for the client's agent and the construction health and safety officer (regulations 5(7)(b) and 8(6)).^[1]

In South Africa, several Construction Regulations sit beside regulation 10 for specific kinds of work at height. Each adds its own appointment or document.^[1]

Sources:^[1]

The client's duty starts with its own documents. Under regulation 5(1)(a) and (b), the client prepares a baseline risk assessment and a site-specific health and safety specification based on it. Work at height on the site belongs in that specification.^[1]

The client must make sure the principal contractor has the competencies and resources to work safely (regulation 5(1)(h)). The client also approves the principal contractor's health and safety plan (regulation 5(1)(l)).^[1]

During the work, the client takes reasonable steps to see each contractor's health and safety plan is implemented (regulation 5(1)(n)). It must stop any contractor whose work threatens health and safety and departs from the specification and plan (regulation 5(1)(q)).^[1]

Section 37(2) of the OHS Act matters for an outside contractor. That section shifts liability for a mandatary's acts to the employer "except if the parties have agreed in writing" on arrangements to ensure compliance. The OHS Act guide for contractors covers that agreement.^[2]

The contractor must guard, fence or barricade all unprotected openings in floors, edges, slabs, hatchways and stairways (regulation 10(4)(a)). No person may be required to work in a fall risk position unless the work is done safely under the plan (regulation 10(4)(b)).^[1]

Fall prevention comes first. Regulation 10(4)(d) allows fall arrest equipment only where fall prevention equipment, such as guardrails, screens or barricades, is not reasonably practicable.^[1]

Both kinds of equipment must be approved as suitable and strong enough for the work and the load they bear, including any person. They must be attached to a structure or plant that can hold them and anyone who could fall (regulation 10(4)(c)).^[1]

The construction manager must hold the latest updated version of the plan (regulation 10(3)). Breaching regulation 10 is an offence with a fine or up to 12 months' imprisonment (regulation 33).^[1]

Whenever the work changes. Regulation 10(1)(b) requires the plan to be "amended where and when necessary and maintained as required".^[1]

Regulation 9(7) adds a fixed trigger for risk assessments. A contractor must review the relevant risk assessment when a design or construction change alters the risk profile, or after an incident. Applying the same triggers to the plan's risk assessment per location is the cautious reading.^[1]

The regulations set no calendar interval for updating the plan. In practice, a plan is revised when a new location, a new access method or a new crew is added.^[1]