What compliance and legal requirements must bidders meet?

C1.1 Form of Offer and Acceptance C1.1 Form of Offer & Acceptance By the representative of the tenderer, deemed to be duly authorised, signing this part of this Form of Offer This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and Compensation events As and when required To be confirmed Employer’s and Contractor’s No specific requirements found B-BBEE Details: tly and severally liable to the Employer for the performance of this contract. Z2.2 Unless already notified to the Employer, the persons or organisations notify the Service Manager within two weeks of the Contract Date of the key person who has the authority to bind the Contractor on their behalf. Z2.3 The Contractor does not substantially alter the composition of the joint venture, consortium or other unincorporated grouping of two or more persons without the consent of the Employer having been given to the Contractor in writing. Z3 Change of Broad Based Black Economic Empowerment (B-BBEE) status Z3.1 Where a change in the Contractor’s legal status, ownership or any other change to his business composition or business dealings results in a change to the Contractor’s B-BBEE status, the Contractor notifies the Employer within seven days of the change. Z3.2 The Contractor is required to submit an updated verification certificate and necessary ESKOM HOLDINGS SOC LIMITED CONTRACT NUMBER supporting documentation confirming the change in his B-BBEE status to the Service Manager within thirty days of the notification or as otherwise instructed by the Service Manager. Z3.3 Where, as a result, the Contractor’s B-BBEE status has decreased since the Contract Date the Employer may either re-negotiate this contract or alternatively, terminate the Contractor’s obligation to Provide the Works. Z3.4 Failure by the Contractor to notify the Employer of a change in its B-BBEE status may constitute a reason for termination. If the Employer terminates in terms of this clause, the procedures on termination are P1, P2 and P4 as stated in clause 92, and the amount due is A1 and A3 as stated in clause 93. Z4 Ethics Z4.1 Any offer, payment, consideration, or benef

The refurbishment, Repair, Inspection and Maintenance of Dust Handling Plant (DHP) equipment at Lethabo Power Station during planned outage opportunities for the period of Five (5) years.

appointment of contractors or suppliers for the commencement

of work

Cell A3: Occupational Health and Safety Baseline risk assessment template

Eskom’s responsibility and commitment is to ensure a safe working environment is in line with its

Safety, Health, Environmental, and Quality (SHEQ) Policy and applicable legislative obligations.

This OHS specification is Eskom Generation's minimum requirements which are required to be

met for the duration of the contract period by contractors/suppliers and, where required, the

delivery organisation. The contractor is expected to develop an OHS plan that meets these

requirements as well as all the relevant applicable legislation that they conform to. Eskom in no

way assumes the contractor’s legal responsibilities and liabilities. The contractor is and remains

accountable for the quality and execution of their health and safety programme for their

employees and appointed contractor employees. This OHS specification reflects minimum

requirements and should not be construed as all-encompassing.

Note 1: All the requirements listed hereunder are in relation to the contract and do not supersede

or replace any organizational OHS requirements.

Where requirements listed are already in place, then the organizational requirements must be

taken cognisance of and listed in the respective OHS plans. If there are any additional Eskom

and/or legislative requirements listed in the OHS specification, then these must be addressed.

Supporting clauses

2.1 Scope

This OHS specification lists the legislative and Eskom requirements and, where applicable, any

requirements pertaining to local authorities, municipal by-laws, or environmental legislation that

must be met by the contractor.

2.1.1 Purpose

This document will provide a standardised approach to the compilation of OHS specifications

throughout Eskom Generation business for contracts, standards, and NEC 3.

2.1.2 Applicability

This OHS specification is applicable to any contracting organisation that intends to respond to

Eskom Generation's tender/enquiry with the intention of entering into a contract.

2.2 Normative/informative references

Parties using this document shall apply the most recent edition of the documents listed in the

following paragraphs.

2.2.1 Normative

Basic Conditions of Employment Act No .
Occupational Health and Safety Act and Regulations No .
OHS Act “Regulations on Hazardous Work by Children in South Africa”
National Environmental Management Act .
National Road Traffic Act .
32-37 Eskom Substance Abuse Procedure.
32-136 Contractor Health and Safety Requirements
240-62196227 Life- saving Rules
32-95 Environmental, Occupational Health and Safety Incident Management Procedure
32-727 SHEQ Policy
32- 418 Working at Heights Procedure

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Template Identifier 240-43921804 Rev 6

Lethabo Power Station

Document Identifier LFMS048 Rev 00 OHS SPECIFICATION FOR

HIGH RISK Effective Date 2023/11/21

ACTIVITIES / SERVICES Review Date 2026/11/21

240-62946386 Vehicle and Driver Safety Management Procedure
32-520 Risk Assessment procedure
Plant Safety Regulations
Iso 45001
Eskom Covid-19 policy
National Disaster Management Act

2.2.2 Informative

Tobacco Products Control Act (Updated 2011.05.19)
SANS 1186 Symbolic Safety Signs
Constitution of the Republic of South Africa No
DMN 34-110 Operating A Vehicle Mounted Crane

2.3 Definitions

Definition Explanation

Appointed contractor Means a contractor appointed by the Main contractor

Baseline risk assessment (32-520) baseline operational risks refer to the health and safety risks

associated with all standard processes and routine activities in the

business

Business unit (BU) (32-296) means any defined unit within the Eskom environment,

operating as a business under a particular cost-centre number. In the

context of this document and in terms of health and safety, any

reference to a BU includes a defined unit within any Eskom division

and its subsidiaries

Client (OHS Act) Eskom representative (Internal – Asset Owner), also

referred to as the contract administrator/custodian or agent or project

manager (as defined in the contract). He/she is the person

responsible for ensuring that the works or services are executed in

terms of the contract, as well as adherence to legislation pertaining to

the contract.

Competent person (OHS Act) means any person having the knowledge, training,

experience, and qualifications, specific to the work or task being

performed, provided that, where appropriate, qualifications and

training are registered in terms of the South African Qualifications

Authority Act, 1995 (Act No. )

Contractor (OHS Act) means an employer as defined in section 1 of the Act who

performs contracted work and includes Main contractors

Contract’s Manager/End Contract’s Manager/End User

User

Consultant means a person providing professional advice

Controlled disclosure controlled disclosure to external parties (either enforced by law or

discretionary)

Duty of care to the (32-136) anybody who causes or has caused or may cause significant

environment pollution or degradation of the environment must take reasonable

measures to prevent such pollution or degradation from occurring,

continuing, or recurring. If such harm to the environment is authorised

by law or cannot reasonably be avoided or stopped, such person must

minimise and rectify such pollution or degradation of the environment

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Template Identifier 240-43921804 Rev 6

Lethabo Power Station

Document Identifier LFMS048 Rev 00 OHS SPECIFICATION FOR

HIGH RISK Effective Date 2023/11/21

ACTIVITIES / SERVICES Review Date 2026/11/21

Definition Explanation

Employee (OHS Act) means, subject to the provisions of subsection (2), any

person who is employed by or works for an employer and who

receives or is entitled to receive any remuneration or who works under

the direction or supervision of an employer or any other person

Employer (OHS Act) means, subject to the provisions of subsection (2), any

person who employs or provides work for any person and

remunerates that person or expressly or tacitly undertakes to

remunerate him/her, but excludes a TES (ex labour broker) as defined

in section 1(1) of the Labour Relations Act 1956 (Act No. )

Environment (32-94) means:

the land, water, and atmosphere of the earth;

micro-organisms and plant and animal life; and

any part or combination of (a) and (b) and the interrelationships

among and between them, and the physical, chemical, aesthetic, and

cultural properties and conditions of the foregoing that influence

human health and well-being

Eskom requirements Eskom requirements flowing from directives, policies, standards,

procedures, specifications, work instructions, guidelines, or manuals

Fall protection plan (OHS Act) means a documented plan of all risks relating to working

from an elevated position, considering the nature of work undertaken,

and setting out the procedures and methods to be applied in order to

eliminate the risk

Hazard (OHS Act) means a source of, or exposure to, danger

Hazard identification (OHS Act) means the identification and documenting of existing or

expected hazards to the health and safety of persons, which are

normally associated with the type of construction work being executed

or to be executed

Occupational Health and (OHS Act) means a file or other record in permanent form, containing

safety file the information required in relation to the contract.

Health and safety plan (OHS Act) means a document plan that addresses hazards identified

and includes safe work procedures to mitigate, reduce, or control

hazards identified

Occupational Health and (OHS Act) means a document specification of all health and safety

safety specification requirements pertaining to associated to a contract, so as to ensure

the health and safety of persons.

Occupational Health and means comprehensive health and safety requirements for a contract,

safety requirements project, site, and scope of work. This specification is intended to

ensure the health and safety of persons, both workers and the public,

and the duty of care to the environment. The health and safety

requirements must be specific to each contract, project, site, and

Lifesaving Rules (240-62196227) a rule that, if not adhered to, has the potential to

cause serious harm to people

Medical Certificate of fitness (OHS Act) means a certificate valid for one year, issued by an

occupational health practitioner, issued in terms of the regulations,

whom shall be registered with the Health Professions Council of South

Africa

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Template Identifier 240-43921804 Rev 6

Lethabo Power Station

Document Identifier LFMS048 Rev 00 OHS SPECIFICATION FOR

HIGH RISK Effective Date 2023/11/21

ACTIVITIES / SERVICES Review Date 2026/11/21

Definition Explanation

Medical surveillance (OHS Act) means a planned programme or periodic examination

(which may include clinical examinations, biological monitoring, or

medical tests) of employees by an occupational health practitioner or,

in prescribed cases, by an occupational medicine practitioner

Method statement (OHS Act) means a written document detailing the key activities to be

performed in order to reduce, as reasonably as practicable, the

hazards identified in any risk assessment

National Enquiries/contracts sourcing of services providers/contractors at the divisional level and

not at BU level thorough tendering, request for price etc

Organisation may be defined as a group of individuals (large of small) that is

cooperating under the direction of executive leadership in

accomplishment of certain common objects

Pre-job meetings (34-227) means a meeting that is held prior to the commencement of

the day’s work and that is attended by all the relevant employees

associated with the work task

Main contractor (In the text of this document) Means an employer, as defined in

section 1 of the OHS Act, who intends to tender for or has signed a

contract with Eskom for services rendered.

Provincial director (OHS Act) means the provincial director as defined in Regulation 1 of

the General Administrative Regulations under the Act

Responsible Manager Is a Manager of a department, section or operating/business unit who

has been appointed as part of the Eskom delegation of authority

process with the aim to assist the applicable 16(2) assigned person in

executing his/her duties in terms of the Occupational Health and

Safety Act

Risk assessment (OHS Act) means a programme to determine any risk associated with

any hazard at a construction site in order to identify the steps needed

to be taken to remove, reduce, or control such hazard.

Site (34-228) means an Eskom department, unit, complex, building,

specific project, work site, or the site where agents, clients, Main

contractors, contractors, suppliers, vendors, and service providers

provide a service to Eskom, directly or indirectly

Service provider any private person or legal entity that provides any service(s) to

Eskom for compensation

Subsidiary (32-94) an enterprise controlled by another (called the parent) through

the ownership of greater than 50% of its voting stock

Supplier (32-1034)means a natural or legal person who renders a service and

may include the following current or potential supplier vendor,

contractor, consultant

Task (34-227) a segment of work that requires a set of specific and distinct

actions for its completion

Toolbox talks (34-227) where the team leader, after conducting pre-task planning,

shares all the tasks at hand and discusses task allocation, the

identified risks, and the control measures with all his/her team

members on site before commencing a specific task and documenting

the agreed strategy. (This shall be done to ensure common

understanding of the tasks, risks, and control measures required.)

The Act (OHS Act) means the Occupational Health and Safety Act No. , as amended, and the Regulations thereto

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Template Identifier 240-43921804 Rev 6

Lethabo Power Station

Document Identifier LFMS048 Rev 00 OHS SPECIFICATION FOR

HIGH RISK Effective Date 2023/11/21

ACTIVITIES / SERVICES Review Date 2026/11/21

Definition Explanation

Visitor any person visiting a workplace with the knowledge of, or under the

supervision of, an employer.

2.4 Abbreviations

Abbreviation Description

BU Business Unit

CE Chief Executive

COID Act Compensation for Occupational Injuries and Diseases Act

DMR Driven Machinery Regulations

DEL Department of Employment and Labour ( Inspection and Enforcement

services – Provincial office)

EP Emergency Preparedness

EAP Employee Assistance Program

ERfW Environmental Regulations for Workplaces

GAR General Administrative Regulations

GSR General Safety Regulations

HCS Hazardous Chemical Substances

LDV Light Delivery Vehicle

MSDS Material Safety Data Sheets

OHS Act Occupational Health and Safety Act and Regulations,

O&M Operating and Maintenance

LoG (COID) Letter of Good Standing

SABS South African Bureau Standard

SANS South African National Standard

2.5 Related/supporting documents

Section 37(2) of the OHS Act requires Eskom to sign an agreement and include it in the OHS file

for evaluation prior to the start of work. OHS department will issue the 37(2) agreement to the

project manager/end user who will facilitate the signing of the document by Eskom and contractor

representatives.

OHS specification

3.1 Scope of work

Repair dust handling plant including slide gates and double flap valves refurbishment during

various outages and opportunity maintenance for the period of 5 years.

Note: The contractor who will be awarded this contract will be known as the “Main contractor”

and any contractor appointed by the Main contractor will be known as the “Appointed

contractor"

3.2 Legal compliance

3.2.1 Section 37(2) (Legal) Agreement & Appointment of the Contractor

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Template Identifier 240-43921804 Rev 6

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Document Identifier LFMS048 Rev 00 OHS SPECIFICATION FOR

HIGH RISK Effective Date 2023/11/21

ACTIVITIES / SERVICES Review Date 2026/11/21

A section 37(2) agreement must be signed between Eskom and the main contractor at the time

of submitting the safety file. The main contractor must ensure that a section 37(2) agreement is

compiled between the main contractor and all their appointed contractors for the contract. The

original copy of the section 37(2) agreement must be retained by the contractor, and a copy must

be retained by the responsible project manager/end user. A copy of all the agreements must form

part of the respective contractor’s OHS file.

3.2.2 Hazardous Work by Children (Child Labour)

The constitution of the Republic of South Africa, in the "Bill of Rights", is clear on the rights of

children, especially when it comes to:

being protected from exploitative labour practices.
not be required or permitted to perform work or provide services that
are inappropriate for a person of that child’s age; or
This places at risk the child’s well-being, education, physical or mental health, or

spiritual, moral, or social development and the Basic Conditions of Employment Act,

Chapter six, Section 43, "Prohibition of employment of children."

Before resorting to the use of child labour, due consideration must be given to the child's

constitutional rights. Where work is being performed which is not prohibited in terms of the

constitution, then such work must be conducted in terms of the OHS Act "Regulations on

Hazardous Work by Children in South Africa" with emphasis on paragraph 2: Purpose and

Interpretation. Eskom does not condone the use of child labour and, therefore, all effort must be

exercised, and child labour should not be used.

3.2.3 OHS Act

The main contractor and appointed contractors shall have an up-to-date copy of the OHS Act and

regulations which will be available to all employees.

3.2.4 Legislative Compliance

All contractors will comply with all the legislation pertaining to this contract being:

The Main contractor and all appointed contractors will comply with all the legislation pertaining to

this project being:

The Constitution of the Republic of South Africa (particularly Section 24 of the Bill of

Rights).

Occupational Health and Safety Act 1993 (Act ) and its Regulations.
National Environmental Management Act 1998 (Act ).
Environment Conservation Act 1989 (Act ).
National Water Act 1998 (Act ).
Civil and Building Work Act.
National Road Traffic Act .
Compensation for Occupational Injures and Diseases Act.
SANS Standards –Contractor shall use the relative standards applicable to the project.

3.3 ESKOM requirements

All contractors shall, before commencement of the project ensure that all their employees are

familiar with the relevant Eskom OHS documentation that is applicable to contract services.

3.4 Sheq policy

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Template Identifier 240-43921804 Rev 6

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Document Identifier LFMS048 Rev 00 OHS SPECIFICATION FOR

HIGH RISK Effective Date 2023/11/21

ACTIVITIES / SERVICES Review Date 2026/11/21

A SHEQ policy is a statement of intent and a commitment by the organization’s CE and senior

management in relation to the relevant OHS roles and responsibilities, the achievement of their

strategic objectives, and values of integrity, customer satisfaction, excellence, and

innovation. The main contractor and all appointed contractors, if not already in place, will be

required to compile an organisational SHEQ policy in line with their OHS responsibilities. The

policy must be signed by the organisation’s CE or the appointed assistant to the CE, OHS Act

Section 16(2). The policy must be displayed in a prominent place within the workplace. A copy of

the policy must be filed in the contractor's OHS files and attached as an annexure to the OHS

Plan.

3.5 Covid -19 policy

Due to the current pandemic the contractors are required to submit the Covid policy signed by

the most senior person. The policy must be displayed in a prominent place within the workplace.

A copy of the policy must be filed in the contractor's OHS files and attached as an annexure to

the OHS Plan.

3.5.1 Covid -19 requirements

Covid-19 costs are not for profit making purpose and Eskom reserves the right to accept and/or

decline the list of PPE which will be listed in the detailed Covid-19 costs. Due to the current

pandemic the contractors are required to provide Eskom with a Covid-19 risk assessment and a

detailed plan on how to prevent the spread of the virus and what control measures will be put in

place to protect Eskom employees and members of the public. The risk assessment must include

the following but not limited to, adherence to Covid-19 protocols in designated smoking areas.

Covid-19 costs are applicable for the duration of the pandemic and the Covid-19 costs will be

ceased once the country has declared that Covid-19 is no more a pandemic. The contractors

have an obligation to comply with the National Disaster Management Act including the

appointment of the Compliance Officer.

3.6 Coid act

The Main contractor and all his/her appointed contractors shall be registered with an appropriate

employment compensation commissioner and have available a valid letter of good standing

(LoG) from such commissioner. The obligation lies with the contractors to ensure that the LoG

remain valid throughout the contract period. A copy of the LoG must be filed in the contractor

OHS files.

3.7 Costing for OHS within the project

The costing for OHS must be itemised based on the overall scope of the project (i.e.) Training,

provision of PPE, safety equipment purchases etc.

3.8 Statutory appointments

The Main contractor and all appointed contractors must appoint competent workers who will

comply with the OHS Act for the duration of the contract. Before requiring appointees to accept

an appointment, the employer must ensure that they have received appropriate training and/or

information about their responsibilities. The relevant statutory appointments must be made in

compliance with the OHS Act's criteria, which include appointing a qualified individual to the

appropriate roles. The following should be included in the statutory appointments, but not limited

to:

OHS Act section 16.1/2 Appointee (Legal Liability)
OHS Act General Administrative Regulation 9(2) – Incident Investigator
OHS Act Section 19 (3) - Chairperson of Health and Safety Committee
OHS Act Hazardous Chemical Substances Regulation 3(3) Hazardous Chemical

Substances Co-coordinator (where applicable)

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Template Identifier 240-43921804 Rev 6

Lethabo Power Station

Document Identifier LFMS048 Rev 00 OHS SPECIFICATION FOR

HIGH RISK Effective Date 2023/11/21

ACTIVITIES / SERVICES Review Date 2026/11/21

OHS Act, Section 17 – Health and Safety Representative.(x2)
OHS Act General Machinery Regulation 2(1) – Supervision of Machinery
OHS Act: Pressure Equipment Regulations 11 & 12 Portable Gas Container Inspector
OHS Act General Safety Regulations 3(4) – First Aider/s
OHS Act, Section 8 Supervisor (Legal Liability)
OHS Act, 8 Assistant Supervisor
CR 8(1) Construction Manager (Legal Liability)
CR 8(5) Safety Officer- Full time on site with minimum qualification, N.Diploma in Safety

Management(safety related short courses will added advantage & 3 years related

experience)

CR (10(1)(a) Competent person to prepare the Fall Protection Plan
CR 23(1)(d)(i)-(ii) Construction vehicle & mobile plants inspector

3.8.1 Non statutory appointments

Eskom requirement – Emergency Planning Co-coordinator

3.9 ESKOM life-saving rules

Eskom places a high value on health and safety and urges every organization that undertakes

work for Eskom to do the same.

Eskom has developed five life-saving guidelines that will apply to all Eskom employees, agents,

consultants, and contractors. Any Eskom employee or employee of a Main Contractor or

appointed contractor who fails to follow these rules would be deemed a serious violation. These

rules are in place to protect any employee, labour broker, or contractor working from significant

injury or death.

If any contractual work (including delivery of any product) is to be undertaken on Eskom

premises, the rules shall be obeyed by any contractor and their employees.

The rules are:

Rule description of rule

Open, isolate, test, earth, bond, and/or insulate before touch

Rule 1

( That is plant, any plant operating above 1000 V)

Hook up at heights

Rule 2 Working at height is defined as any work performed above a stable work surface or where a person puts

himself/herself in a position where he/she exposes himself/herself to a fall from or into.

Buckle up

Rule 3 No person may drive any vehicle on Eskom business and/or on Eskom premises:

Unless the driver and all passengers are wearing seat belts.

Be sober

Rule 4

No person is allowed to be under the influence of intoxicating liquor or drugs while on duty

Permit to work

Rule 5

Where an authorisation limitation exists, no person shall work without the required permit to work.

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Template Identifier 240-43921804 Rev 6

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HIGH RISK Effective Date 2023/11/21

ACTIVITIES / SERVICES Review Date 2026/11/21

Rule 6

Use of cellphones on site

Site

Use of cell phones (either texting or talking) when walking or driving is strictly prohibited.

Specific

Eskom will take a zero-tolerance approach to these policies.

Noncompliance to Life-saving rules is regarded as a serious misconduct and will result in serious

disciplinary action, which may include dismissal.

This is to ensure that everyone who works on or visits an Eskom facility returns home to their

families safely.

3.10 Substance abuse

Alcohol and substance abuse are serious threats to any business, especially when it

comes to workplace accidents and car driving. As a result, Eskom has the right to take

reasonable procedures to identify and prohibit drunk people from entering the company.

General Safety Regulation 2A specifies the legal position on intoxication.
The allowable alcohol and drug level is 0%.
All contractors must follow Eskom's procedure 32-37 ("Substance Abuse Procedure"),

taking into account that this is an Eskom Life-saving Rule number 4: (BE SOBER"), and

anyone entering the Eskom site will be subjected to ad hoc alcohol testing if the BU has

self-alcohol testing equipment.

Contractors are invited to develop their own manual and test their own employees for

alcohol on a regular basis.

Test results must be marked "Confidential" and kept in the employee's personal file.
Eskom's life-saving rules must be included in the induction process.
All employees involved in the scope of work must sign the Life-saving rule pledge before

commencement of work.

3.11 Contractor organisational structure

3.11.1 Main Contractor Organogram

The Main contractor must provide an organisational organogram on the company’s letter head

related to this contract, depicting all the levels of responsibility from the CE down to the

supervisors responsible for the contract. List the relevant positions held, names of appointees,

legal appointments and the Organogram must be signed off by the company's 16(1) or 16 (2).

The Main contractor must ensure that all appointed contractors comply with this requirement. The

Main contractor is responsible for keeping copies of all the organograms’ as well as submitting

them with the OHS plan. All organograms shall be updated timeously when appointments are

changed.

This diagram must be kept up to date and filed in the project OHS files.

3.11.2 Appointed Contractor/s Organogram

Appointed contractors are required to compile their company organogram for the project

on the company’s letter head, listing the reporting structure from their CE down to their

project supervisors. The diagram must list the names, positions held, any appointments

made and must be signed off by the company's 16(1) or 16 (2).

This diagram must be kept up to date, a copy of which must be given to the Main

contractor and a copy filed in the relevant project OHS files.

This diagram must be kept up to date and filed in the project OHS files.

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Template Identifier 240-43921804 Rev 6

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HIGH RISK Effective Date 2023/11/21

ACTIVITIES / SERVICES Review Date 2026/11/21

3.12 Roles and responsibilities

Commitment

Visible commitment is essential to providing a safe work environment. Managers, supervisors

and employees at all levels must demonstrate their commitment by being proactively involved in

the day to day operations, in particular the Occupational Health and Safety aspects of any project

/ contract. Legislation requires that each employee must take reasonable care of themselves and

their fellow workers, from management level down to the lowest employee level.

Managers and Supervisors will be required to submit 4(four) BSO(Behavioural Safety

Observation) a month to Lethabo Safety Department @ [email protected]

The 16.1 is required to submit atl east 1(one) VFL to Lethabo Safety Department @

[email protected]

3.12.1 Main contractors and appointed contractors

Note 1: Most of the roles and responsibilities listed apply to both Main contractors and any appointed

contractors. Where some of the listed do not apply to both, then the specific responsibilities will

be listed and titled. The contractors shall:

Carry out all duties as listed in section 8, 9 and 10, the various other regulations that

form part of the OHS Act and Regulation 7 of the Construction Regulations.

Carry accountability and responsibility for the safety and health of their employees and

their appointed contractors within their working area, as contemplated by section 37(2)

of the OHS Act;

Shall keep a record of all employees including the appointed contractor employees,

including date of induction, relevant skills and licenses and be able to produce this list at

the request of the Eskom Project Manager.

Ensure that all their appointees are made aware of their accountabilities and

responsibilities in terms of their appointment and that they advise and assist these

appointees in the execution of their duties.

Ensure that the minimum legislative, regulatory and Eskom OHS requirements are

complied with on all work sites.

Give the Eskom project managers and line managers / responsible managers their full

participation and cooperation.

Compile an OHS (Occupational health and safety) file where all relevant health and

safety records must be kept for each work site.

The Main contractor must provide the project manager with the Compensation

Commissioner’s valid letter of good standing before the commencement of work and any

future renewal letters obtained during the contract for record-keeping purposes. The

letter of good standing shall reflect the name of the contractor’s company. Similarly, the

Main contractor must provide the Eskom project manager with all the valid letters of

good standing from their appointed contractors.

Contractors must provide the Main contractor with a certified copy of the Compensation

Commissioner’s valid letter of good standing before the commencement of work and any

future renewal letters obtained during the contract for record-keeping purposes. The

letter of good standing shall reflect the name of the contractor’s company.

Appoint competent staff to perform the project work and ensure that all employees are

trained in the health and safety aspects relating to such work and that the employees

understand the hazards associated with all other work being carried out on the project.

Controlled disclosure

When downloaded from the Document Management System, this document is uncontrolled and the responsibility

rest with the user to ensure it is in line with the authorised version on the system

No part of this document may be reproduced without the expressed consent of the copyright holder,

Eskom Holdings SOC Ltd Req No 2002/015527/30.

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Template Identifier 240-43921804 Rev 6

Lethabo Power Station

Document Identifier LFMS048 Rev 00 OHS SPECIFICATION FOR

HIGH RISK Effective Date 2023/11/21

ACTIVITIES / SERVICES Review Date 2026/11/21

Ensure that all employees are conversant with all relevant work procedures and that

they adhere to such procedures. Similarly (without removing the appointed contractors’

responsibilities), ensure that their appointed contractors and their employees are

conversant with all relevant work procedures and that they adhere to such procedures.

Co-ordinate the activities of all the appointed contractors in the interests of safety and

health;

Ensure that their contractors (whom they intend appointing) have made detailed

provision for the cost of safety and health measures throughout the project.

Stop his /her employees and any appointed contractors if such work poses a threat to

the health and safety of persons or a risk of degradation to the environment.

Take reasonable steps to ensure cooperation between all their appointed contractors.
Ensure that Eskom OHS requirements are communicated to the appointed contractors,

evaluate, and assess the appointed contractors OHS files. Only appoint contractors who

are competent to do work, have satisfied the OHS compliance requirements and

satisfied that the contractor has the necessary competencies and resources to perform

the work safely.

Appoint full-time competent employees in writing to supervise the performance of all

specified work throughout the contract period.

Ensure that the supervisor or manager do not supervise work on any site other than the

site for which such supervisor has been appointed for.

Not victimise or dismiss employees, by virtue of the employee’s divulging health and

safety information or suspecting such information has been divulged, in the interests of

health and safety requirements.

Follow a process of disciplinary action if any of their employees or their appointed

contractor employees have transgressed any of the requirements of the health and

safety specification, safety and health plans, site rules or any other requirements.

Before the commencement of work, review the submitted baseline risk assessments to

include site or emerging risks. This should be done by a competent person appointed in

writing with a view to identify hazardous and potentially hazardous work operations.

Ensure that pre-task risk assessments are conducted and documented daily and prior to

the starting of any new task, irrespective of whether it is a repetitive task or not.

Must ensure that an organisation medical surveillance programme for the duration of the

contract is in place and maintained.

Prior to having pre-employment and periodic medicals fitness examinations conducted,

person/man job specifications must be compiled and handed to the occupational health

practitioner.

Issue risk-based personal protective equipment (PPE) as a measure of last resort to

their employees, inspect such equipment regularly and ensure recipients of PPE are

trained in the proper use, care and where necessary, the maintenance of PPE;

Note: should the Main contractor or his/her appointed contractors entertain visitors on

site, they will be held responsible for the provision and wearing PPE.

Must have a substance abuse program which must be in line with Eskom requirements.
Ensure that all incidents are reported and investigated timeously by competent incident

investigators as and aligned with 32-95 requirements.

Be involved in all of their appointed contractor’s incident investigations.
When appointing contractors, advise the project manager in writing timeously and obtain

his/her approval prior to them commencing work.

3.12.2 Contractor Management and site supervisor requirements

Controlled disclosure

When downloaded from the Document Management System, this document is uncontrolled and the responsibility

rest with the user to ensure it is in line with the authorised version on the system

No part of this document may be reproduced without the expressed consent of the copyright holder,

Eskom Holdings SOC Ltd Req No 2002/015527/30.

of 34

Template Identifier 240-43921804 Rev 6

Lethabo Power Station

Document Identifier LFMS048 Rev 00 OHS SPECIFICATION FOR

HIGH RISK Effective Date 2023/11/21

ACTIVITIES / SERVICES Review Date 2026/11/21

The Contractor Section 16.1/16.2 /CR 8(1) must be trained in the following:

Legal liability ,HIRA, Incident Investigation

The contractor site supervisor must be trained in the following:

HIRA, Incident investigation training, Supervisor training, authorised

supervisor/Responsible Person, Legal liability

The contractor site supervisor must be trained in the following:

HIRA, Incident investigation training, Supervisor training, authorised person & PSR,

Legal liability

Must:

Be competent to perform the required supervisory tasks;
Ensure their employees and all appointed contractors comply with the required statutory

and Eskom project requirements;

Inspect all work done by the contractors to ensure adherence to Eskom’s standards and
Conduct follow-up inspections to ensure findings are closed out and preventative action

is in place.

Monitor contractors for adhere to statutory requirements and safety standards.
Monitor contractors overall OHS performance on site in order to achieve excellent

results

Discuss all OHS related problems with the relevant contractor management timeously in

the first instance and thereafter the Eskom project manager in the second instance

relating to procedure requirements, non-conformances identified, corrective actions,

audits and inspection schedules.

Continual liaison between the Main contractor, appointed contractors and employees.
Ensures that employees and appointed contractors are aware of latest standards,

procedures, work instructions and safety regulations issued by Eskom:

Conduct site Inspections for compliance to OHS requirements and compiles the relevant

inspection reports.

Submit the observation reports to the relevant management.
Submit the required OHS reports communicated by Eskom e.g., manpower numbers,

incident statistics report etc.

Have meaningful participation in the project statutory health and safety committee

meetings.

Participate in all appointed contractor incident investigations.
Participate in the Main contractor’s emergency preparedness planning.
Ensure that their own employees and those of any appointed contractor are competent

to perform the tasks assigned.

Issue site instructions on behalf of the Main contractor where and when the appointed

contractors deviate from safety requirements.

3.12.3 Contractor Health and Safety officer full time

The Safety Officer for this contract shall be full time on site for the whole duration of this contract

The contractor Health and Safety Officer must have following qualifications, National Diploma in

Safety Management, HIRA, Incident investigation training, Legal liability Training, Minimum work

experience 3yrs,

Controlled disclosure

When downloaded from the Document Management System, this document is uncontrolled and the responsibility

rest with the user to ensure it is in line with the authorised version on the system

No part of this document may be reproduced without the expressed consent of the copyright holder,

Eskom Holdings SOC Ltd Req No 2002/015527/30.

of 34

Template Identifier 240-43921804 Rev 6

Lethabo Power Station

Document Identifier LFMS048 Rev 00 OHS SPECIFICATION FOR

HIGH RISK Effective Date 2023/11/21

ACTIVITIES / SERVICES Review Date 2026/11/21

NB: For Construction work, the Safety Officer must be registered with SACPCMP

3.13 RISK ASSESSMENT (refer to 32-520)

It is a legal requirement in terms of Section 8 (2)(d) of the OHS Act for an employer to carry out

risk assessments, to establish which risks and hazards are attached to the health and safety of

persons due to any work which is performed, any article or substance which is, handled, stored,

transported. A risk assessment is defined as an identification of the hazards present in the

activity, work, site, and an estimate of the extent of the risks involved, considering whatever

precautions are already being taken.

It is essentially a three-stage process:

identification of all hazards.
evaluation of the risks;
Measures to control the risks.

Risk assessments are required to be maintained. This means that significant changes to a

process or activity, or any new process or activity should be subjected to a risk assessment and

that if new hazards become known during the work process, then these should also be subjected

to risk assessments. Risk assessments for long-term processes should be periodically reviewed

and updated. Method statements or written safe work procedures are an effective method as

information and record of the way jobs / tasks must be performed. Daily or issue based or task

specific or on the job risk assessments must be conducted at the place where work is to be

performed/ conducted to allow managers and employees to assess any inherent risks that could

have been overlooked during the initial risk assessment or any changes that might have occurred

in a period of absence. For example if a job / task is extended over a day or halted due to

inclement weather.

Guidelines for actual steps involved in a job/task specific risk assessment are:

Each activity is listed.
Specific hazards are identified and listed against each activity.
The magnitude of each risk is rated as Low. Medium or High.
All known documentary and supervisory controls are listed. For instance: What safe

work procedures exist for ladders.

The relevance, effectiveness and sufficiency of these controls are assessed.
In the event of insufficient or deficient controls for the particular activity, steps to be

taken to rectify this shall be recorded, and safe working procedures drawn up.

Persons responsible for implementing and supervising the task shall be identified,

nominated and duly assigned.

Persons responsible for monitoring the task and carrying out the planned job

observation must be nominated.

Completed risk assessment shall be handed to the Eskom project manager

representative for comment and approval.

Controlled disclosure

When downloaded from the Document Management System, this document is uncontrolled and the responsibility

rest with the user to ensure it is in line with the authorised version on the system

No part of this document may be reproduced without the expressed consent of the copyright holder,

Eskom Holdings SOC Ltd Req No 2002/015527/30.

of 34

Template Identifier 240-43921804 Rev 6

Lethabo Power Station

Document Identifier LFMS048 Rev 00 OHS SPECIFICATION FOR

HIGH RISK Effective Date 2023/11/21

ACTIVITIES / SERVICES Review Date 2026/11/21

The relevant section of the risk assessment shall be issued with a Transmittal Note to

the Supervisor nominated as the responsible person; and the names of workmen who

have received instruction on the work content and the sequence of the activities listed in

the risk assessment shall be recorded, and their competence established. This

instruction shall be done through an interpreter if required and recorded on the Pre-Job

Brief (Daily Safe Task Instructions), with reference to applicable Risk Assessments.

NB: Full Baseline Risk Assessment is attached separately from this document.

Consequence criteria

Consequence rating Description

Technical Specifications

Source: Safety.zip (unknown)