Managing contractors can seem like a daunting task, full of paperwork driven by the Occupational Health and Safety Act and the Construction Regulations of 2014. While some may try to find loopholes, it’s crucial to understand the purpose behind these processes.
A Health and Safety Practitioner’s primary mission is to protect you, the employer. They aren’t there to make your life difficult; they are there to prevent your project from becoming a nightmare.
Every shortcut, every corner cut, and every unaccredited so-called specialist hired at a lower price introduces risk. If something goes wrong on your site, an inspector will be at your door, and the consequences could be severe.
Investing in proper Contractor Management is a way to protect your business, your team, project’s success and your company’s reputation. It’s about proactive prevention, not reactive damage control.
When a safety practitioner expresses concern about hiring an unvetted contractor, it is not to be difficult. It’s because they would much rather build a compliant Safety File than be forced to complete a Section 24 incident report.
Approving a contractor by building a Safety File based on the scope of work is the safety practitioner’s way of helping you avoid sleepless nights and the potential guilt of a workplace accident. They are also trying to spare you the profound emotional and legal burden that comes with a serious injury, including the devastating possibility of arranging a funeral.
Their goal is simple: To ensure the employer do the right thing, even when no one is watching. While it may seem like a tedious task, it is a small price to pay to ensure every worker goes home safely at the end of the day.
Why Regulations Are Essential for Contractor Safety
The regulations governing contractor management exist for five critical reasons:
- Risk Mitigation: When a contractor is hired for complex or high-risk work, these regulations ensure that the employer has a system in place to identify potential hazards. It’s about verifying that the contractor possesses the necessary training, skills, and a robust safety plan to protect everyone on site.
- Competence and Accountability: These rules are designed to confirm that the individuals performing the work are qualified. Requiring registration with a professional body, such as the South African Council for the Project and Construction Management Professions (SACPCMP), establishes a system for validating their credentials. This also creates a clear path to hold them accountable if their work fails to meet safety or professional standards.
- The SACPCMP (South African Council for the Project and Construction Management Professions) is the employer’s protection/governance/ assurance/insurance when appointing a contractor. If a contractor is found guilty of non-compliance to set regulations, he can (in his personal capacity) be fined R24,000.00, suspension for one year as in the case published in a notice in the Government Gazette on July 25, 2025 (No. 53038) announcing that Jeremy Chandler (registration number CHSO/2960/2019) was found guilty of breaking several rules.
In addition to risk mitigation and accountability, these regulations are critical for the following reasons as well:
- Legal Liability: These rules make it clear that an employer cannot delegate safety responsibility by simply hiring a contractor. If a safety incident occurs, the employer can be held legally liable if they failed to ensure the contractor complied with all safety regulations. This places a strong emphasis on the need for a robust system to manage and oversee contractors.
- Protection of All on Site: A contractor’s work site risks are not confined to their own team. An accident can affect the host company’s employees, visitors, and even the public. Therefore, these regulations are vital for creating a secure environment for everyone involved.
- Formalised Procedures: The regulations eliminate informal, verbal agreements with contractors. They establish a formal, legally binding system that requires documentation such as written appointments, comprehensive safety files, and detailed risk assessments. This structured approach removes ambiguity and prevents shortcuts.
These regulations are in place for a crucial reason: To create a clear, enforceable system for safety. They’re a direct and urgent response to the need for a more structured approach, protecting not only the employer but also the contractors themselves, ensuring everyone can return home to their loved one’s safely at the end of the day.
