Causes of Non-Compliance in SA Construction
Causes of Non-Compliance in SA Construction
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To cite this article: Ayman Ahmed Ezzat Othman (2012): A study of the causes and effects
of contractors' non-compliance with the health and safety regulations in the South African
construction industry, Architectural Engineering and Design Management, 8:3, 180-191
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ARTICLE
Abstract
Construction is a dangerous and risky industry. This could be attributed to the nature of its activities and the high
resultant accident rates. The Health and Safety (H&S) Act, specifically the Construction Regulations, are stated to
eliminate the potential hazards during the design and construction phases and to reduce the consequential risks
thereof. However, the importance of the construction regulations seems to be overlooked in South Africa.
Accordingly, the number of accidents and fatalities witnessed has been rapidly increasing. This article aims to
investigate the causes of contractors’ non-compliance with the H&S procedures and the subsequent effects of
such non-compliance on the construction project as well as the country’s socioeconomy. A research
methodology is designed to achieve this aim. Firstly, literature is used to review the H&S Act, policies used to
promote and ensure compliance within sites, hazard and prevention methods, and management systems for
safe construction. Secondly, survey questionnaires are used to define the causes and effects of non-
compliance with H&S procedures from the industry perspective and determine practices on site. Finally,
interviews are conducted with the relevant professionals to assess the practicality of their plans and
investigate their view towards eliminating contractor’s non-compliance with H&S procedures.
B Keywords – Accidents; contractors; construction regulations; health and safety act; non-compliance; South Africa
management where it is assessed. Based on the assessment and fall protection plan which are
cause of the incident, a hearing may be held after pertinent to the research study, the roles of
investigating the incident and addressing the issue contractor, subcontractor and H&S officer, falls and
thereafter (IRCA, 2003). Mthalane, Othman, and fall protection, management systems for safe
Pearl (2008) and Smallwood (1997) stated that site construction, H&S training as well as causes and
accidents, occupational diseases, and fatalities and effects of non-compliance with H&S regulations by
injuries do not only affect the person directly contractors. Sources of literature comprised books,
involved, but also have an economic and social journals, government reports, H&S reports, South
impact on the construction firm and the affected African legislations, dissertations, theses, seminars
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put in place to deal with all relevant hazards that are l Discuss and negotiate contents of the H&S plan
attributable to working under those elevated with the contractor.
positions; l Ensure a copy of the H&S plan is made readily
l the plan incorporates the process of assessing the available.
physical and physiological fitness of all employees l Ensure that an H&S file is opened and kept on site
working in elevated positions; and is readily available.
l all the records and programmes of training the l To hand over a consolidated H&S file to the client
employees are included in the preparation of the upon completion of the work.
fall protection plan; l Make available an updated list of all contractors on
l relevant procedures for inspection, testing and site accountable to the main contractor as well as
maintenance of all fall protection equipment are the type of agreement between parties and the
incorporated in the fall protection plan work being done.
(Occupational H&S Act and Regulations, 2006). l Ensure that the contractor to be appointed has the
necessary competencies and resources.
H&S according to this schedule in the execution of accordance with the Act.
their duties. The management is legally required by law l Provide the principal contractor with any information
to enforce H&S regulations to ensure that the workers which might affect the H&S of any person or which
are not injured (Geminiani & Smallwood, 2008). might justify a review of the H&S plan.
ACTIVITIES EXECUTED BY SAFETY cranes, hoists), and so on, which are specific to this
PROFESSIONALS TOWARDS ACHIEVING THE type of industry (López-Valcárcel, 2001). The most
ABOVE-MENTIONED GOAL INCLUDE (LEVITT & common accidents that occur as identified by Davies
SAMELSON, 1994) and Tomasin (1990) are: falls, stepping or striking
l Introduction of H&S considerations into planning at against objects, lifting and carrying, machinery,
all stages of the project construction cycle. electricity, transport and fires and explosions.
l Working with all levels from top management to
labourers to ensure that everyone is in agreement TYPES OF FALL ACCIDENTS
and will adhere to the H&S plan. Many authors agree that falls are by far the main cause
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l Development of orientation and training of incidents. This includes people falling from heights
programmes. (roofs, scaffolds, working platforms, ladders and floor
l Encouragement of people at all levels to participate openings), people falling on the same level and plant
in appropriate training courses. and material falling and striking them, as well
l Advising on record-keeping systems for use by as people falling into open trenches and shafts
management by which supervisors can be held (Davies & Tomasin, 1990; Ghule, 2008; Holt, 2001;
accountable for H&S. Occupational Safety and Health Series, 1979; Sa,
l Monitor themselves or help those responsible 2005). Ghule (2008) indicated that the majority of the
monitor the insurance claims and reserves. falls in the construction industry occur from roofs,
l Assist in monitoring of H&S performance through with ladders ranking second and scaffolds third.
job inspections, work procedure analysis,
near-miss, accident and injury record analyses, FALL-RELATED DEATHS AND INJURIES
safe behaviour observation and other methods According to the ILO, as stated in Construction H&S in
adopted on that specific site. South Africa-Status and Recommendations (2009),
l Keeping their organizations updated on ‘one in every six work-related fatal accidents occur
H&S matters as well as new management on a construction site’. Davies and Tomasin (1990)
methods for integration of H&S into total job comment that each year 70– 80% of all fatalities and
performance. 35– 40% of all injuries are attributable to the amount
l Working together with other safety professionals of falls that occur on construction sites. It is
to develop cooperative industry-wide programmes shocking to realize that of these falls, a considerable
and materials. number of persons are killed by falling from only
small heights (Occupational S&H Series, 1979).
Legislation states that a safety officer should be Federated Employers’ Mutual Assurance Company
appointed at the early design stage where his/her Limited (FEMA) (as cited in Construction H&S in
significant input could be used to improve and refine South Africa-Status and Recommendations, 2009)
the scheme design (Section 6, clause 6). stated that the second highest number of claims
were for injuries caused by fall onto different levels.
FALLS AND FALL PROTECTION Also, the FEMA recognized falls on to different levels
The construction industry generates a as the third highest cause of fatalities in the
disproportionate number of fatalities, injuries and construction industry. This gives a clear indication
disease relative to any other industry in South Africa. that falls occurring on construction sites significantly
These occur as a result of accidents due to the ever contribute to these appalling statistics in the South
present hazards on construction sites (Smallwood, African industry.
2004). This is because construction work involves
numerous occupational risks, such as work at CAUSES OF FALL INCIDENTS
heights (use of scaffolding, gangways and ladders, Labourers are prompted to make the right decision to
work on roofs), excavation work (use of explosives, use their Health and Safety (PPE) at all times but this is
earthmoving machines), lifting of materials (use of not heeded. They forget, decide not to wear it, or do
not use or wear it correctly. They view PPE as METHODS USED TO PROMOTE AND ENSURE
uncomfortable and unnecessary due to the expected COMPLIANCE
short exposure time. Furthermore, it decreases their Although it cannot be quantified, it can be inferred that
productivity as the equipment is sometimes the construction regulations have had a positive
restrictive and tends to get in the way. This may impact on reducing H&S accidents (Smallwood et al.,
prove detrimental if they slip, trip and fall from their 2009). Contractors and safety officers in the like
high working position (Holt, 2001; Sa, 2005). should adopt and implement the regulations stated
In a study of the causes of accidents on in the legislation to effectively eradicate the
construction sites by Abdul Hamid, Abd Majid, and occurrence of fatalities and injuries on their sites.
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Singh (2008), it was found that the following were The following methods are some of the ways in
the dominating cause of accidents: which contractors and safety officers can further
enhance their control procedures (IRCA, 2003):
l workers’ negligence;
l failure to obey work procedures as well as incorrect l risk Assessments for activity – site specific;
work procedures; l method statement;
l nature of work being performed (work at heights); l safe working procedure;
l equipment without safety devices; l H&S inductions before proceeding to site;
l poor site management; l toolbox talks;
l lack of workers’ knowledge and skills; l encourage participation of safety strategies.
l negative attitude of workers;
l failure to use their PPE.
MANAGEMENT SYSTEMS FOR SAFE
FALL PROTECTION CONSTRUCTION
The following fall protection systems are proposed by RISK MANAGEMENT
the ILO in Occupational Safety and Health Series ‘Risk Management is considered to be a relatively
(1979): “new” technology that exists within the framework
Safety harness A safety harness includes all PPE that is used to ensure the safety of persons working at heights who are in danger of
falling during their work. It includes safety belts with lifelines, retaining belts, safety ropes, protective appliances and rope
unwinders
Catch nets Catch nets, like safety harnesses, are an effective means of protection of persons against falls in building operations.
They are used in the building of halls, houses, factories, chimneys and towers. The catch has advantages over the
protective scaffold as they are more elastic thus reducing the possibility of injury
Scaffolds A general requirement is that scaffold floors 2m above the ground, and openings in them, should be fenced with two-rail
railings and toe boards to prevent fall of persons, materials, tools etc.
Roof Workers on roofs should always be equipped with a safety belt and life line that serves to secure them and prevent them
from falling off the roof. A man should always be on standby to render aid if necessary, even if the work is for a short
duration.
Opening and Openings in floors are sometimes covered by a piece of ply or metal sheet and this is said to be a common cause of
edges fatalities as people fall into the void when these covers are accidentally moved. All holes shall be properly secured,
protected and covered and fastened so that the cover cannot be easily moved. Demarcations and warning signs can be
used to clearly indicate the dangers present (Holt, 2001). Solid guardrails shall be installed where falls of 2 m or more
could occur instead of using fall protection. These protect the labourers working near the edges from falling over.
Protection against objects falling from levels above should also be provided. Barriers using sheeting below guardrails
down to floor level is an effective means of protection. Insisting that workers tie and secure their tools and equipment to
them physically, using a lanyard is a useful technique
of any business operation; however it is actually as old TABLE 1 Causes of non-compliance with the H&S regulations
as time’. Quality management is a vital component of by contractors
risk management and all four components become an NO. CAUSE REFERENCE
important business management tool. This is 1 Loss of concentration of Holt (2001)
commonly known as SHEQ/QESH management worker
(IRCA, 2003). At most large enterprises the following 2 Refusal to wear PPE by worker
Management systems are in place: ISO 9001 3 Workers’ belief that PPE is
[Quality Management Systems], ISO 1400 unnecessary
[Environmental Management Systems] and 4 Incorrect use of PPE
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Regulations. Together these form a formidable trio 5 Old equipment and PPE Sa (2005)
that are used to prevent incidents from happening. 6 Failure to obey work procedures Abdul Hamid et al.
7 Nature of the work(work at high (2008)
H&S TRAINING elevation)
H&S training is a very important aspect of the H&S 8 Equipment without safety devices
programme and it is also a legal requirement 9 Poor site management
according to Act 85 of the 1993 H&S regulations for 10 Harsh work environment
employers to provide such training. Training is 11 Low level of workers knowledge and
required for employees at various levels during skills
different stages of their careers or the project life 12 Attitude of labour
cycle depending on the nature of the job that they 13 Excessive noise
will be undertaking. Training is required on 14 Poor illumination
recruitment, at induction or on being exposed to new 15 Lack of proper training Ghule (2008)
or increased risks on site. Additional training may be 16 Deficient enforcement of
required following a single or series of near misses, safety
the introduction of new legislation, the issuing of an 17 Unsafe methods or sequencing of
enforcement notice or as a result of a risk activities
assessment or safety audit (Hughes & Ferrett, 2005). 18 Lack of use of standardized safety Sa, Seo and Choi
There are several different types of training, these devices (2009)
include induction training, job specific training, 19 Work situation Kitumbo and Kirenga
supervisory and management training and specialist 19.1 Human error (2001)
training. Risk assessment, fall protection plan 19.2 Technical failure
training and supervision training are all legal 19.3 Inadequate information
requirements and fall within the scope of the 19.4 Personal deviation from safe
aforementioned types of training. practices
From the above, it is apparent that training is a vital 19.5 Disturbance in material flow
aspect of any H&S programme. It is important to note 20 Environment
that such programmes need to be constantly 20.1 Intercepting of parallel
reviewed, updated and the methods to deliver training activities
monitored in order to ensure that they are effective. 20.2 Bad housekeeping
20.3 Disturbance from the
CAUSES OF NON-COMPLIANCE WITH THE environment
H&S REGULATIONS BY CONTRACTORS 21 Safety system includes:
CAUSES DERIVED FROM THE LITERATURE 21.1 Failure of active/passive
REVIEW safety system
The literature review identified the causes of 21.2 Inadequate guarding
non-compliance with H&S regulations by contractors 21.3 Insufficient PPE
as follows (see Table 1).
CAUSES DERIVED FROM THE FIELD STUDY EFFECTS OF NON-COMPLIANCE WITH THE
Figures 1 and 2 represent the results of the survey H&S REGULATIONS BY CONTRACTORS
questionnaires completed by contractors and H&S EFFECTS DERIVED FROM THE LITERATURE
officers with regard to the types of site accidents REVIEW
and causes of non-compliance with the H&S The literature review revealed the following as the
construction regulations in KwaZulu-Natal. effects of non-compliance with H&S regulations by
Analysis of the interviews carried out with H&S contractors (see Table 2).
officers and H&S representatives revealed that the Smallwood and Haupt (2006) agreed that accidents
main reasons for non-conformance with H&S can marginalize the project team’s efforts at achieving
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regulations on sites included a lack of commitment the project deliverables on time and within budget
by management, poor leadership by safety officers due to the direct and indirect costs associated with
and lack of awareness by management and clients accidents. It can also lead to substantial bad publicity,
of the importance of optimum H&S practices. which may tarnish the name of the client and strain
Supervisors lacked the enforcement of H&S relations among project stakeholders.
procedures such as ensuring correct use of PPE at
all times. The poor choice of sub-contractors also EFFECTS DERIVED FROM THE FIELD STUDY
has a negative H&S impact as they are appointed Figure 3 shows the results of the survey
without their company policies being scrutinized. questionnaires completed by contractors and H&S
TABLE 2 Causes of non-compliance with the H&S regulations officers with regard to the effects of non-compliance
by contractors to the H&S construction regulations in KwaZulu-Natal:
NO. EFFECTS REFERENCE On interview basis with the relevant professionals,
1 Direct costs it is found that some irrecoverable costs exist. These
1.1 Physical injury/fatality to Abdul Hamid et al. may not be a proven cost or be quantifiable;
persons (2008) however time may reveal that these unaccounted
1.2 Damage to property costs could prove significant. On analysis of the
1.3 Workmen’s’ compensation Smallwood (2002), interviews, it has been noted that the Department of
1.4 Liability insurance premiums Levitt and Samelson Labour (DoL) is at times complacent with regard to
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1.5 The lowered moral of (1994) the carrying out of thorough site inspections.
supervisors and workers
1.6 Attractiveness to client as a RESEARCH FINDINGS AND
result of perceived holistic RECOMMENDATIONS
quality FINDINGS DERIVED FROM LITERATURE
1.7 Socio-economic loss to REVIEW
families of the deceased/ l The H&S Act states that all companies must comply
injured with the fundamental principles relating to the
1.8 Money paid annually to Geminiani and implementation of the H&S plan and this must be
victims of work related Smallwood (2008) adhered to at all times.
accidents l The contractors are responsible for the supervision
1.9 Public liability insurances of their employees to ensure their safety with
2 Indirect costs borne by contractors Smallwood and regard to their working environment and
2.1 Reduced productivity by the Haupt (2006) procedures. In addition, risk assessment must be
returned worker/(s) & the conducted to identify all the hazards present on
workforce site and thereafter the findings must be
2.2 Clean up costs incorporated into the H&S plan to be implemented.
2.3 Replacement costs lost Similarly, the contractor is also responsible for the
worker preparation of a fall protection plan to which all fall
2.4 Costs of delays related matters can be traced and compared.
2.5 Costs of supervision l The most common accidents that occur on
2.6 Time lost construction sites are falls, stepping or striking
2.7 Costs related to against objects, mishandling of machinery, injury
rescheduling caused by earthmoving vehicles, fires and
2.8 Costs of transportation for explosions. The main cause of these accidents is
injured party negligence on the part of the labourers. They either
2.9 Wages paid for unproductive do not use their PPE because they view it as
injured party uncomfortable and impractical or they do not utilize
2.10 Damage to and loss of Smallwood (1995) their PPE in the correct manner.
materials, plant and l Contractors and safety officers should adopt and
equipment implement appropriate methods such as risk
2.11 Damage to the environment assessment, safe working procedures and H&S
2.12 Human suffering by the induction if they wish to effectively eradicate the
injured and his/her family occurrence of incidents and fatalities on
2.13 Uninsured cost which are construction sites.
invariably included in the l An accident reaction system, training of both
contractors’ cost structure employers and employees and the correct use of
PPE is imperative in the development of an
effective H&S plan to achieve a safe working management disregards safety aspects. Deadlines
environment and excellent H&S performance. and productivity take priority over implementation
l The costs of accidents are not tracked by of proper safety procedures at all times and
contractors and as a result this amount exceeds supervisors fail to train their employees and make
expectations by the end of the project. The direct sure they fully understand the risks present on site.
and indirect costs associated with accidents are Analysis of the survey questionnaires revealed that
compensation insurance for employees, the most crucial effects of site accidents on a
damage to materials, plant and equipment, project are: 14% due to repair of damages and
damage to the environment, loss of productivity replacement of injured parties, 11% due to
and bad publicity. insurance, compensation to affected parties, loss
of productivity during accident, loss of productivity
by injured party and professional fees for medical
FINDINGS DERIVED FROM THE FIELD STUDY care.
l On a scale of 5, respondents to the questionnaires
ranked the causes of accidents as: electric shocks
(3.39 out of 5), cutting off of limbs (3.18 out of 5), RECOMMENDATIONS
falls from heights (2.82 out of 5), other was specified Health and Safety is one of the greatest challenges
as minor cuts and bruises (2.72 out of 5) and that face the South African construction industry.
stepping or striking against objects (2.6 out of 5). Although a number of acts and regulations are in
l Respondents to the questionnaires stated that the place, the number of site incidents have increased
causes of non-compliance to H&S regulations are: over the years. Through literature review, survey
48% due to negligence and carelessness of questionnaires and interviews, the research identified
labourers, 24% due to labourers not wearing their the different causes and effects of non-compliance to
PPE and fall protection equipment, 15% due to the H&S regulation in construction sites. The research
unskilled labour who have not been educated on recommendations are directed to construction firms
safe procedures to be adopted and 13% due to and the government as follows:
lack of supervision.
l Results of the interviews showed that the main RECOMMENDATIONS TO CONSTRUCTION
cause of non-adherence to H&S regulations on FIRMS
construction sites lies with the top management. It l Construction firms should make it their goal to
is due to their double standards that the educate and increase the awareness of their labour
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