Purchase and removal of scrap conveyor belt at kusile and kendal power stations — 36-Month contract

The only content in this section is the closing signature block of SBD 4 (Bidder's Disclosure), which is standard form boilerplate. No tender-specific description of the scrap conveyor belt purchase or removal scope is present.

Department: Supply Chain Management

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Email: null

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Bidders must not appear on the Register for Tender Defaulters or the List of Restricted Suppliers. Any bidder listed on either register is automatically disqualified from the bid process.

SBD 4 (Bidder's Disclosure): bidders must complete and submit the form, disclosing any employment relationship with the state by the bidder or its directors, trustees, shareholders, members, partners, or controlling persons; any relationship with persons employed by the procuring institution; and any interest in related enterprises. The bidder certifies that the information is true and complete; a false declaration leads to disqualification.

The content in this section is a truncated fragment from SBD 4's declaration about no agreements or arrangements with competitors. It repeats the independent bid determination requirement already covered in the standard evaluation criteria.

Scope of the Life-Saving Rules standard

• Identifies the five behaviours Eskom regards as carrying a high probability of serious injury or fatality and enforces them with zero tolerance at every Eskom location.
• Applies to Eskom Holdings SOC Ltd, its divisions, subsidiaries and entities it controls, and to all contractors, subcontractors, consultants, agents and their employees; visitors must also comply and may be removed from site immediately if they refuse.
• Supplements, and does not replace, other safety requirements and safe-working obligations.
• Effective from the date of authorisation; revision 6 replaces revision 5.

Contractor health and safety compliance

• Contractors working on Eskom sites must meet Eskom's Contractor Health and Safety Requirements (32-136) and the Life-Saving Rules standard 240-62196227.
• Employees must sign acknowledgement that the Life-Saving Rules were explained and are understood; line management monitors compliance and audits may follow six months after implementation.
• A breach is treated as serious misconduct, and Eskom may suspend a contractor's activities while deciding a sanction where a supervisor allowed the breach.

Eskom Life-Saving Rules (standard 240-62196227, revision 6) — zero tolerance

Applicability

• Applies at all Eskom sites to employees, agents, consultants, contractors, subcontractors and their staff.
• Visitors must comply and can be instructed to leave the premises immediately if they refuse.

Rule 1 — Open, isolate, test, earth, bond and/or insulate before touch

• No work on, around or near electrical networks, lines or apparatus unless the person is trained and authorised for the task, holds a valid permit to work where required, and has completed a pre-task risk assessment.
• The isolation sequence must be applied correctly for the type of work; the authorised team leader must certify and physically show the team that the apparatus is safe.
• Appropriate PPE must be worn, including face shield and insulated gloves for low-voltage work.

Rule 2 — Hook up at heights

• Work at ground level is preferred wherever reasonably practicable.
• Work at height only where the person is medically fit, trained as determined by the risk assessment, secured during ascent and descent, and using an Eskom-approved fall arrest system, after a pre-task risk assessment.

Rule 3 — Buckle up

• Driver, operator and all passengers must wear seat belts in any vehicle or equipment used for Eskom business, on any road or parking area, at any speed, in forward or reverse.

Rule 4 — Be sober

• No person under the influence, or appearing to be under the influence, of alcohol or drugs may enter or remain on an Eskom site, conduct Eskom business, or drive or operate Eskom equipment.
• Any level of alcohol, or the presence of drugs, controlled or illegal substances that impairs or could impair functioning, is prohibited regardless of when the substance was taken.

Rule 5 — Permit to work

• Where an authorisation limitation applies, no work may proceed without the required permit under the Plant Safety Regulations, the Operating Regulations for High Voltage Systems (ORHVS) or any other applicable permit regime.
• Plant may not return to service until all permits on it are cancelled, unless specific permission is granted, for example for redundant systems. Live work requires a live work declaration form completed by the authorised person.

Consequences of a violation

• A breach is treated as serious misconduct and triggers a disciplinary process under the Eskom Disciplinary Code and Procedure.
• Where a contractor manager or supervisor allowed the breach, Eskom may suspend the contractor's activities while deciding an appropriate sanction.
• The contractor must remove the employee from site immediately, investigate and start disciplinary action within five working days, and provide Eskom with a copy of the sanction imposed.

Supporting standards

• Contractor Health and Safety Requirements (32-136), the Occupational Health and Safety Act, and Eskom's working-at-heights, substance abuse, PPE, risk assessment and medical surveillance standards apply alongside these rules.

The procurement is for the purchase and removal of scrap conveyor belt at Kusile and Kendal power stations, for a 36-month contract period. The supplied text is the Eskom Standard Conditions of Tender; no additional description specific to this disposal is present.

Closing date and time: 6 November 2026 at 08:00 SAST (from the tender record).

• No other dates (briefings, site visits, clarification deadlines) are stated in the provided document; the standard conditions require attendance of any compulsory site visit/clarification meeting described in the Tender Data, but no specific date or venue is given.

No named contacts are provided in the supplied text. All communication must be directed in writing to the Eskom Representative identified in the Invitation to Tender; no other Eskom official may be contacted. Submission is to the address/tender box or e-tendering page stated in the Tender Data (specific address not visible in the extract).

Submission method and closing: Eskom requires the complete original tender plus one (1) complete paper copy, submitted to the address and tender box specified in the Tender Data, or an electronic submission via the Eskom Tender Bulletin e-tendering page, no later than the closing date and time in South African Standard Time (SAST).

• Paper tenders: package the original and the copy in separate, sealed envelopes marked "ORIGINAL" and "COPY", then seal both together in an outer envelope marked "Confidential". Each package must show the Eskom submission address, tender number, tenderer's name, physical address, email, and contact telephone of the authorised signatory.
• E-tendering submissions must be uploaded and finalised on the Eskom Tender Bulletin e-tendering page before closing; uploads into the required Technical, Commercial and Financial folders, in English, unreadable or corrupt files risk rejection.
• Proof of posting or courier delivery is not proof of delivery; late tenders are returned unopened, and Eskom is not liable for courier or network delays.
• Returnable documents: all mandatory returnables listed in the Invitation to Tender, completed and signed, including the Acknowledgement Form (stating whether the tender is for the whole or part of the scope); any mandatory certificate, proof of registration or other document must be valid and current for the full tender validity period.
• Sign the original (or electronic) tender; the signing person is held liable for the tender. Corrections must be initialled; correction fluid/tape is not allowed.
• An authenticated copy of authority to act as agent is required where an agent submits on behalf of a principal.
• Disqualification risks: missing the original or the copy; failure to submit mandatory returnables by the closing date; submitting after the closing time for any reason; tenders not sealed or incorrectly addressed; 100% subcontracting of the scope; failure to comply with basic compliance requirements.

Evaluation stages and scoring: Eskom determines basic compliance first; tenders that fail mandatory returnables or other basic requirements are ruled non-responsive.

• Pre-qualification criteria, if set out in the Tender Data, are then applied. Eskom will not score any criterion twice in different phases (no double-dipping).
• Functionality, where applicable, is scored before price; bidders must meet the minimum functionality threshold stated in the Tender Data to proceed.
• Price and preference points are then considered: pricing is evaluated per the Tender Data, taking account of CPA, FOREX, commodity exposure, unconditional discounts, technical adjustments, PV and forecasted invoicing. The 90/10 or 80/20 PPPFA system is used; B-BBEE level (from the CSD report or certificate/affidavit) and Specific Goals are scored. Failing to provide B-BBEE proof or Specific Goals supporting documentation does not disqualify a bid that is otherwise responsive, but scores zero.
• Final ranking adds price and Specific Goals scores, from highest to lowest, per the PPPFA.
• Eskom may reject a tender for collusion, bid rigging, fraud, influencing the award, or misrepresentation.
• Arithmetical errors: amounts in words prevail over figures; Eskom corrects errors in unit rates, line-item totals or additions, and if the tenderer does not accept the correction, the tender is rejected.
• No-specific-score thresholds are stated in the available text; minimum qualifying scores are only mentioned as "stated in the Tender Data" (not visible in the provided extract).

Scope: purchase and removal of scrap conveyor belt at Kusile and Kendal power stations, over a 36-month contract period. No quantities, detailed deliverables, service levels or locations beyond the two power stations are stated in the supplied document; such details would be in the Tender Data / specification.

Quality requirements appear under the SHEQ expectation: the tenderer must provide proof that safety, health, environment and quality (SHEQ) systems, policies and capabilities are in place, and all cost and personnel associated with SHEQ must be reflected in the tender. No separate quality certification is mentioned.

Rates and prices must be in South African Rand, include VAT and all duties/levies (as at 14 days before closing), and be fixed for the contract unless the Invitation adjusts for price changes. The pricing schedule should be completed in full; arithmetical error correction rules apply. No specific schedule of rates, bill of quantities, or payment schedule is provided in the extract.

Pricing format: tenderers must submit rates and prices in South African Rand, fixed for the contract duration (no price adjustment unless the Invitation provides for it). Prices must include all duties, taxes (including VAT) and levies applicable 14 days before the closing date.

• Any alternative tender must be accompanied by a main tender and is permitted only if allowed by the Invitation to Tender.
• Escalations or currency adjustments follow the exchange rate and base date stipulated in the Invitation.
• Eskom may require a performance security; tenderers must name at least two financial institutions they would approach, and Eskom may reject an unsuitable institution.
• Financial analysis of the tenderer's statements may be undertaken; if financial risk is deemed too high and no suitable mitigating factors exist, the tenderer will not be considered for award.
• No specific bond or guarantee percentages are stated.

Eligibility: the tenderer (single company or JV/consortium) must meet the eligibility criteria in the Tender Data and must not be under any restriction to do business with Eskom or State-Owned Companies. Tenderers must not sub-contract 100% of the scope.

• B-BBEE: if B-BBEE level is a pre-qualification criterion, proof (certificate, CSD number/report or affidavit) must be provided at the closing date or the tender is disqualified. For PPPFA point allocation, absent/expired/fraudulent proof scores zero but does not disqualify an otherwise responsive tender.
• CIDB: if CIDB grading is a qualification criterion, registration must be held at closing or obtainable within 21 working days; proof of registration must be submitted at closing (or proof of application, with actual proof by contract award).
• SHEQ: proof that safety, health, environment and quality systems are in place must be provided to Eskom's satisfaction at closing; SHEQ costs must be reflected in the tender.
• Legislation: compliance with National Treasury Instructions, PPPFA Regulations, Amended B-BBEE Codes, COIDA, OHS Act and other applicable laws.
• SDL&I Undertaking: must be completed and submitted no later than contract award; otherwise the tender will not be considered for award.
• Designated materials and thresholds information must be submitted by contract award.
• Fraud/misrepresentation: falsifying certificates, affidavits or documents leads to disqualification, possible suspension from business with State-Owned Companies for up to 10 years, and referral to the B-BBEE Commission or criminal prosecution.

Compliance with the OHS Act and Eskom's SHEQ requirements is mandatory. Proof of SHEQ systems and capabilities must be submitted to Eskom's satisfaction at the closing date (or at contract award if stated), with related costs included in the tender. Tenderers are also subject to CIDB Contract Skills Development Goals (CSDG) and Contract Participation Goals (CPG) where the contract meets the thresholds described in the standard conditions. The extract does not state specific OHS plan submissions for this procurement.

Eskom reserves the right to accept or reject any tender or part, to cancel the tender before contract conclusion (with reasons on request), and to negotiate with selected tenderers. Eskom disclaims liability for losses from participation. Tender validity: the tender must remain valid for acceptance for the period stated in the Tender Data; if requested, tenderers may extend validity without modifying the tender, and non-extension excludes them from further consideration. Confidentiality of the process and use of Eskom documents only for preparing the tender. Standardised specifications incorporated by reference must be followed. Compulsory site visits/clarification meetings, if stipulated, are mandatory; non-attendance disqualifies. Clarifications must be in writing to the Eskom Representative, and Eskom publishes responses on the advertising platform. Insurance: Eskom may not provide full cover; tenderers should obtain advice. No specific penalty or termination terms are visible.

Additions to the standard evaluation: Eskom will not score the same criterion twice across evaluation phases. If functionality is a criterion, a minimum threshold is set in the Tender Data. Price is evaluated with consideration of CPA, FOREX, commodity exposure, unconditional discounts, technical adjustments, PV and forecasted invoicing. B-BBEE level and Specific Goals each score points under the 90/10 or 80/20 system; absence of proof scores zero but does not disqualify an otherwise responsive bid. Highest-ranked tenders are checked for arithmetical errors; correction rules apply. Objective criteria under Section 2(1)(f) of the PPPFA may be used only if stipulated in the tender, and cannot be functionality or B-BBEE elements. Reverse e-auction is possible only if specified in the Invitation.

The contractor must sign a Section 37(2) Agreement with Eskom, acknowledging that it is an employer in its own right with duties under the Occupational Health and Safety Act, 1993. The contractor must ensure all work and use of machinery or plant complies with the Act, and must adhere to the Safety, Health and Environment (SHE) specifications provided for the project. The contractor must comply with the arrangements and procedures in the SHE specifications as contemplated in Section 37(2) of the Act.

Returnable document

• Annexure B: Acknowledgement Form for Eskom OHS legal and other requirements (Eskom Identifier 240-43921804 Rev 5; document 240-77471499 Rev 3) — must be signed by the bidder's authorised person (CEO, director or managing director), dated and witnessed by two witnesses, confirming receipt and understanding of Eskom's OHS requirements and the consequences of non-compliance.
• The form must carry the company/supplier name and the signatory's name, signature and date.

Occupational health and safety

• The contractor must comply with Eskom contractor health and safety standard 32-136, the OHS specification issued with the tender, the Occupational Health and Safety Act and the Compensation for Occupational Diseases and Illnesses Act.
• After award, the contractor must align its internal policies, procedures and standards with Eskom's OHS requirements.
• All employees of the contractor and its subcontractors must complete the relevant Eskom induction and the company induction.

Penalties

• Penalties are imposed on the main supplier for OHS non-conformances, whether committed by the main supplier, its contractors or its suppliers.

Contractor and supplier management

• The main supplier must show Eskom the process and selection criteria it uses to appoint contractors and suppliers.
• Eskom must be notified before any contractor or supplier is appointed and before work starts.
• The main supplier must confirm that its contractors and suppliers have adequate resources and competencies.
• The main supplier is accountable for its contractors' and suppliers' compliance with Eskom and statutory requirements during execution.
• OHS compliance of contractors and suppliers must be monitored through audits and assessments.
• The main supplier must set out the grounds on which contractor or supplier work may be terminated.
• Non-conformances by contractors and suppliers at any tier are handled directly with the main supplier under the performance and penalty processes.

Verification

• Eskom may require testimonials, references and client contact details, including Eskom's own, for similar work previously performed.

OHS requirements the contractor must meet when working for Eskom

• Eskom contractor health and safety requirements standard 32-136.
• The OHS specification and requirements issued with the tender.
• The Occupational Health and Safety Act.
• The Compensation for Occupational Diseases and Illnesses Act.

Obligations

• The bidder must understand these requirements before bidding; the signed Annexure B acknowledgement confirms this.
• After award, the contractor must align its policies, procedures and standards with Eskom's OHS requirements.
• All employees of the contractor and its subcontractors must undergo the relevant Eskom induction and the company induction.

Penalties

• Penalties apply to the main supplier for OHS non-conformances by the main supplier, its contractors or its suppliers, whether against Eskom or statutory requirements.

Contractor and supplier management obligations on the main supplier

• Demonstrate to Eskom the selection process and criteria used when appointing contractors and suppliers.
• Notify Eskom before appointing any contractor or supplier and before work commences.
• Confirm that contractors and suppliers hold adequate resources and competencies.
• Remain accountable for contractors' and suppliers' compliance with Eskom and statutory requirements during contract execution.
• Monitor contractors and suppliers through OHS audits and assessments while work is carried out.
• State the grounds on which contractor or supplier work will be terminated.
• Resolve all non-conformances by contractors and suppliers, at every tier, directly with the main supplier through the performance and penalty processes.
• Provide testimonials, references and client contact details, including Eskom's, for similar previous work when Eskom requests verification.

The standard sets the minimum safety, health and environmental requirements that apply to all contractors, subcontractors, suppliers, vendors, service providers and consultants working for Eskom Holdings SOC Ltd and its subsidiaries, with the stated aim of Zero Harm.

• Contractors carry responsibility for executing work safely, protecting their own employees, other people on site, the public and the environment.
• Contractors must comply with all applicable occupational health and safety legislation as well as Eskom's policies, procedures and standards.
• The standard is a floor, not a ceiling: each project may carry additional hazards and requirements that the contractor must identify and address.
• Where the standard does not cover a specialised activity, the contractor must develop its own SHE plans, procedures, manuals or work instructions for that scope.
• The standard does not replace legislative requirements.
• The document is reviewed five-yearly; the stated next review date was March 2023.

Scope of the SHE standard

• Applies to every contractor, subcontractor, supplier, vendor, consultant and service provider working for Eskom Holdings SOC Ltd, its divisions, subsidiaries and entities in which Eskom holds a controlling interest.
• Sets the minimum safety, health and environmental requirements for contractor work, with the stated goal of Zero Harm; it does not replace statutory obligations.
• Where the work involves specialised hazards not covered by the standard, the contractor must develop its own SHE plans, procedures, manuals or work instructions to address them.

Documents the contractor must produce and maintain

• SHE specification for the contract, project and site.
• SHE plan, submitted for evaluation and approval before work starts.
• SHE file kept on site for the full duration of the work, available for audit and inspection, and handed to the client or asset owner for archiving on completion. Where a project has more than one worksite, a file must be kept at each site.
• The main contractor must ensure every subcontractor maintains its own SHE file and adheres to the SHE plans.

Risk management

• A baseline risk assessment covering routine and non-routine tasks before the project starts.
• A risk assessment for each job or task before work commences, and again where a task runs over a day, is interrupted by weather, or where the process changes.
• Written safe work procedures and method statements for high-risk and critical tasks, applying equally to the contractor's own subcontractors.
• Risk assessments reviewed and updated periodically for long-running processes.

Statutory appointments

• All statutory appointments must meet legislative requirements; non-statutory appointments follow Eskom standard 32-296.
• Construction Regulation 8(5): a full-time construction health and safety officer must be appointed in writing where the size, danger or accumulation of hazards on site requires it, and must be registered with a statutory body approved by the Chief Inspector.
• Construction supervisors appointed in writing for the project duration, with competent assistant supervisors where needed; appointment of assistants does not reduce the supervisor's accountability.
• Copies of all appointments must be held in the SHE file.

Life-Saving Rules (zero tolerance)

• Open, isolate, test, earth, bond and/or insulate before touch.
• Hook up at heights.
• Buckle up.
• Be sober.
• Hold a valid permit to work.
• Breaches are treated as serious and handled through the disciplinary process.

Operational controls addressed by the standard

• Permit to work; working at heights and fall protection plans; confined spaces and testing of atmospheres; excavations and tunnelling; demolition; barricading of dangerous areas and equipment.
• Lifting equipment; boilers, pressurised systems and vessels under pressure; machinery, tools and equipment; explosive-powered tools; explosives.
• Hazardous materials and chemicals, including asbestos handled only under the Asbestos Regulations.
• Transport and mobile plant, vehicle and driver safety; work on or near public roads; public safety.
• Emergency preparedness, fire risk management, incident investigation, health and safety communication, toolbox talks, housekeeping, signage and colour coding, PPE.
• Occupational health and hygiene: assessments by a SANAS-accredited, Department of Labour-approved inspection authority; thermal limits of WBGT index 30 for heat; hearing conservation programme where the 8-hour noise rating level reaches 85 dBA.
• Medical certificate of fitness valid for one year, issued by an occupational health practitioner registered with the HPCSA; medical surveillance programmes.
• Hours of work in line with the Basic Conditions of Employment Act, 1997.
• Record keeping, auditing and inspections (including unannounced inspections), statistical reporting and a SHE recognition and reward system.

Barricading

• Unauthorised access to dangerous areas and to operating equipment must be prevented by substantial barriers, fencing or covers strong enough to stop removal.
• The same controls protect members of the public from approaching hazardous or live equipment.

Competence

• A competent person is one with the knowledge, training, experience and qualifications specific to the work or task, with qualifications and training registered under the South African Qualifications Authority Act, 1995 where appropriate.
• Construction supervisors and assistant supervisors must be competent and have extensive knowledge of the type of work they supervise.

Registration

• Construction project managers, construction managers and construction health and safety officers must be registered in the appropriate category with the South African Council for the Project and Construction Management Professions (SACPCMP).
• The construction health and safety officer must be registered with a statutory body approved by the Chief Inspector.
• Medical certificates of fitness must be issued by an occupational health practitioner registered with the Health Professions Council of South Africa.

Standards and material

• ISO 9001 quality management systems is a normative reference for the contractor's management system.
• Materials and equipment used or purchased must meet the manufacturer's safety requirements and legislative requirements.
• Reclaimed material, where authorised, must meet the manufacturer's safety requirements as though it were new.
• Eskom, the designer or the client determines whether workmanship is acceptable.

Assurance

• Audits and inspections, including unannounced inspections, are used to verify SHE compliance and to identify where remedial action is needed.
• SHE files must be open to audit and inspection by any party entitled to conduct one.
• Non-conforming product or service is controlled under Eskom procedure 240-44175038.

Legislation and Eskom standards

• Occupational Health and Safety Act, 1993 and its regulations, including the Construction Regulations.
• Mine Health and Safety Act, 1996 where work falls under mining legislation.
• National Environmental Management Act, 1998 and the National Environmental Management: Waste Act, 2008.
• All applicable national, provincial and municipal legislation.
• Eskom policies, procedures and standards, including 32-726 (SHE requirements for the commercial process), 32-727 (SHE and Quality Policy), 32-245 (waste management), 32-529 (OHS risk management), 32-418 (working at heights), 32-37 (substance abuse) and 32-95 (incident management).
• ISO 9001 quality management systems is a normative reference.

Professional registration

• Construction project managers, construction managers and construction health and safety officers must be registered in the appropriate category with the South African Council for the Project and Construction Management Professions (SACPCMP).
• The construction health and safety officer must be registered with a statutory body approved by the Chief Inspector.
• A competent person must hold the knowledge, training, experience and qualifications specific to the task, registered with the South African Qualifications Authority where applicable.

Contractor obligations

• The contractor remains an employer in its own right and is accountable for its own employees and for every subcontractor it appoints.
• A Section 37(2) agreement under the OHS Act must be signed by every organisation in a joint venture; each partner remains liable for its own contraventions.
• The contractor's SHE management system must demonstrate compliance at a level appropriate to the service provided.

Governing framework

• Eskom standard 32-136, Revision 4, applies across Eskom Holdings SOC Ltd and its subsidiaries.
• Contractors must comply with the OHS Act, 1993 and its regulations, the Mine Health and Safety Act, 1996 where applicable, and all Eskom SHE policies and procedures.

Required SHE documentation

• SHE specification for the contract, project and site.
• SHE plan, evaluated and approved before work starts.
• SHE file held on site for the duration of the work, one per worksite, available for audit and inspection, and handed to the client or asset owner on completion.
• The main contractor must ensure each subcontractor keeps a SHE file and follows the SHE plans.

Risk assessment

• Baseline risk assessment before the project starts, covering routine and non-routine tasks.
• Task-level risk assessment before each job, and again after a break, a weather stoppage, a change in process or where new hazards emerge.
• Written safe work procedures and method statements for high-risk and critical tasks, applying equally to subcontractors.

Appointments

• Statutory appointments must meet legislative requirements; non-statutory appointments follow Eskom standard 32-296.
• A full-time construction health and safety officer must be appointed in writing under Construction Regulation 8(5) where the size of the project, the degree of danger or the accumulation of hazards requires it; the officer must be registered with a statutory body approved by the Chief Inspector.
• Construction supervisors are appointed in writing for the project duration, with competent assistant supervisors where needed.
• All appointment letters must be kept in the SHE file.

Life-Saving Rules — zero tolerance, breaches handled through the disciplinary process

• Open, isolate, test, earth, bond and/or insulate before touch.
• Hook up at heights.
• Buckle up.
• Be sober.
• Hold a valid permit to work.

Site controls covered

• Permit to work; working at heights and fall protection plans; confined spaces with atmosphere testing; excavations and tunnelling; demolition; barricading of dangerous areas and equipment.
• Lifting equipment; boilers, pressurised systems and vessels under pressure; machinery, tools and equipment; explosive-powered tools; explosives.
• Hazardous materials and chemicals; asbestos handled only under the Asbestos Regulations.
• Transport and mobile plant, vehicle and driver safety, work on or near public roads, public safety.
• Emergency preparedness, fire risk management, incident investigation, health and safety communication and toolbox talks, housekeeping, signage and colour coding, PPE.
• Occupational health and hygiene assessments by a SANAS-accredited, Department of Labour-approved inspection authority; heat exposure limited to a WBGT index of 30; hearing conservation programme where the 8-hour noise rating level reaches 85 dBA.
• Medical certificate of fitness valid for one year, issued by an occupational health practitioner registered with the HPCSA; medical surveillance.
• Hours of work in line with the Basic Conditions of Employment Act, 1997.
• Record keeping, auditing, inspections including unannounced inspections, statistical reporting, and a SHE recognition and reward system.

Duty of care

• Anyone who causes or may cause significant pollution or degradation must take reasonable measures to prevent it, and where it cannot be avoided, must minimise and rectify it, in line with the National Environmental Management Act, 1998.
• Environmental incidents are managed under Eskom procedure 32-95; waste under procedure 32-245 and the National Environmental Management: Waste Act, 2008.

Specific impacts

• Asbestos-containing materials may only be handled, processed, stored or removed under the Asbestos Regulations of the OHS Act; mishandling carries legal and financial risk as well as environmental harm.
• Noise: where the 8-hour rating level reaches 85 dBA, above which hearing impairment is likely, the contractor must run an effective hearing conservation programme.
• Thermal conditions: the OHS Act Environmental Regulations for Workplaces set the exposure limits, with a WBGT index of 30 for heat.
• Occupational hygiene stressors must be assessed by a SANAS-accredited and Department of Labour-approved inspection authority.

Accountability

• Eskom's Group Chief Executive holds overall responsibility and liability under the OHS Act for all persons on Eskom sites, and may delegate to section 16(2) appointees and divisional managers.
• The contractor is an employer in its own right and must meet both Eskom's SHE requirements and the relevant legislation.
• The contractor remains accountable for every subcontractor it appoints; the relationship between them is governed by their own contract.
• Appointed managers are responsible for health, safety and environment on the sites under their control.

Joint ventures

• Each partner is responsible and accountable for its own organisation's health and safety.
• Every organisation in the joint venture must sign the Section 37(2) agreement under the OHS Act.
• Where the joint venture operates as separate entities, each partner must meet the SHE requirements; where it is a registered single entity, that entity carries all the obligations.
• Each company remains liable for its own contraventions and may be prosecuted independently.

Records

• Project records must be kept to legislative and Eskom requirements, and SHE files must be retained for the duration of the project and handed over for archiving on completion.