Common use of Health and Safety Management Clause in Contracts

Health and Safety Management. The Contractor shall comply with: o The Occupational Health and Safety Act, 1993, and all regulations made there under as per the standard clause A1, stipulated on page 4 of this contract. o The Construction Regulations, 2003. o The Health and Safety Requirements of the Employer more fully set out in Distribution Standards DISPVABF3 (The Contractor will sign the attached pages of the specification as acknowledgement of receipt and adherence) and SCSPVABN2. o All Eskom Safety and Operating Procedures as outlined in the ORHVS (Operating Regulations on High Voltage Systems) and the standards attached to this document. • The Contractor acknowledges that he is fully aware of the requirements of all of the above and undertakes to employ people who have been duly authorized in terms thereof and who have received sufficient safety training to ensure that they can comply therewith. • The Contractor undertakes not to do, or not to allow anything to be done which will contravene any of the provisions of the Act, Regulations or Safety and Operating Procedures • The Contractor shall ensure that a team member of the Contractor is authorized as a Responsible Person in terms of the ORHVS. This includes the completion of all the pre-authorization training required for ORHVS Responsible Person (at the Contractor’s expense) as detailed in SCSPVBN2. The Responsible Person shall supervise the works at all times and be available to take permits where necessary. • The Contractor shall ensure that the Responsible person completes a training logbook (as per SCSPVBN2) and arrange with the appropriate Eskom representative (Xxxxxx Madladlamba) for evaluation of the authorized person prior to the Construction start date. This needs to be arranged by the Contractor. • The Contractor shall appoint a person who will liaise with the Eskom Safety Officer responsible for the premises relevant to this contract. The person so appointed shall: o supply the Eskom Safety Officer with copies of minutes of all Health and Safety Committee meetings (if relevant), on a monthly basis. o supply the Eskom Safety Officer with copies of all appointments in respect of employees employed on this contract, in terms of the Act and Regulations and shall advise the Eskom Safety Officer of any changes thereto – to be handed over to the Employer prior to construction start. • Eskom may, at any stage during the currency of this agreement, be entitled to; o do safety audits at the Contractor’s premises, its work-places and on its employees; o refuse any employee, sub-contractor or agent of the Contractor access to its premises if such person has been found to commit any unlawful act or any unsafe working practice or is found to be not authorized or qualified in terms of the Act o issue the Contractor with a work stop order or a compliance order should Eskom become aware of any unsafe working procedures or conditions or any non-compliance with the Act, Regulations and Procedures referred to in 1 above by the Contractor or any of its employees, sub-contractors or agents. • No extension of time will be allowed as a result of any action taken by Eskom in terms of the above and the Contractor shall have no claim against Eskom as a result thereof. Furthermore, no amendments to the Act or the Regulations or reasonable amendment to Eskom’s Safety and Operating Procedures will entitle the Contractor to claim any additional costs incurred in complying therewith from Eskom. • An authorized Eskom representative will be on site for regular site visits to monitor the Contractor’s implementation of health, safety and quality Standards. • The works to be enclosed with chevron barricade tape supplied and installed by the Contractor and set out by the Employer. • The Contractor shall be responsible for all expenses incurred to ensure adherence to Health and Safety Regulations as stipulated above which includes but is not restricted to ORHVS training courses, etc. • The Contractor shall adhere to the Standard on Working Clearances at MV Structures with pole-mounted auxiliary equipment as attached to this contract. • The Contractor shall comply with all the requirements of the CONSTRUCTION REGULATIONS.

Health and Safety Management. The Employer's safety officer may at any time enter the premises or site to carry out safety inspections. The safety officer will notify the Contractor or his duly appointed representative of any safety hazards that he may find. The Contractor shall is required to comply with the Construction Regulations and the Health and Safety Specification included in this document. An item has been included in the Schedule of Rates to cover this work. SCSPVABF3 - Occupational Health & Safety Requirements to be met by Contractors and Sub Contractors Employed by Eskom 34-333- Occupational Health & Safety Requirements to be met by Principal Contractors Employed by Eskom Distribution 32-594 - Safety, Health and Environmental (SHE) Policy DISADABQ9 - Access to Farms SCSPVABM9 - Co-ordination of Safety on Capital Projects SCSASAAW8 - Standards Applicable to Contractors Working in Close Proximity to Live Apparatus In carrying out its obligations to the Employer in terms of this contract; in providing the Works; in using Plant, Materials and Equipment; and while at the Site for any reason, the Contractor complies and procures and ensures the compliance by its employees, agents, Subcontractors and mandatories with: o The • the provisions of the Occupational Health and Safety Act, 1993, Act 85 of 1993 (as amended) and all regulations made there under as per in force from time to time in terms of that Act (“the standard clause A1OHSA”); and • the Eskom “Safety, stipulated on page 4 of this contract. o The Construction Regulations, 2003. o The Health and Environmental Requirements for Contractors” document attached to the Works Information (as amended from time to time) and such other Eskom Safety Requirements of Regulations as are applicable to the Works and are provided in writing to the Contractor (collectively “the Eskom Regulations”). The Eskom Regulations may be amended from time to time by the Employer more fully set out and all amendments will be provided in Distribution Standards DISPVABF3 (writing to the Contractor. The Contractor will sign the attached pages of the specification as acknowledgement of receipt and adherence) and SCSPVABN2. o All Eskom Safety and Operating Procedures as outlined in the ORHVS (Operating Regulations on High Voltage Systems) and the standards attached to this document. • The Contractor acknowledges that he is fully aware of the requirements of all of the above and undertakes to employ people who have been duly authorized in terms thereof and who have received sufficient safety training to ensure that they can comply therewith. • The Contractor undertakes not to do, or not to allow anything to be done which will contravene any of complies with the provisions of the Act, latest written version of the Eskom Regulations or Safety with which it has been provided; and Operating Procedures • the health and safety plan prepared by the Contractor in accordance with the SHEQ Requirements. • (The OHSA and the Eskom Regulations are collectively referred to as the “SHEQ Requirements”.) • The Contractor, at all times, considers itself to be the “Employer” for the purposes of the OHSA and shall not consider itself under the supervision or management of the Employer with regard to compliance with the SHEQ Requirements, the Contractor shall ensure that furthermore not consider itself to be a team member subordinate or under the supervision of the Employer in respect of these matters. The Contractor is authorized as a Responsible Person in terms of the ORHVS. This includes the completion of all the pre-authorization training required for ORHVS Responsible Person (at the Contractor’s expense) as detailed in SCSPVBN2. The Responsible Person shall supervise the works at all times and be available to take permits where necessary. • The Contractor shall ensure that the Responsible person completes a training logbook (as per SCSPVBN2) and arrange with the appropriate Eskom representative (Xxxxxx Madladlamba) for evaluation of the authorized person prior to the Construction start date. This needs to be arranged by the Contractor. • The Contractor shall appoint a person who will liaise with the Eskom Safety Officer responsible for the premises relevant to this contractsupervision of its employees, agents, Subcontractors and mandatories and takes full responsibility and accountability for ensuring they are competent, aware of the SHEQ Requirements and execute the Works in accordance with the SHEQ Requirements. The Contractor ensures that all statutory appointments and appointments required by any Eskom Regulations are made and that all appointees fully understand their responsibilities and are trained and competent to execute their duties. The Contractor supervises the execution of their duties by all such appointees. The Employer, or any person so appointed shall: o supply by the Eskom Safety Officer with copies of minutes of all Health and Safety Committee meetings (if relevant)Employer, on a monthly basis. o supply the Eskom Safety Officer with copies of all appointments in respect of employees employed on this contract, in terms of the Act and Regulations and shall advise the Eskom Safety Officer of any changes thereto – to be handed over to the Employer prior to construction start. • Eskom may, at any stage during the currency of this agreement, be entitled to; o do contract: • conduct health and safety audits regarding all aspects of compliance with the SHEQ Requirements, at any off-site place of work, or the site establishment of the Contractor’s premises, its work-places and on its employees; o • refuse any employee, sub-contractor Subcontractor or agent of the Contractor access to its the premises if such person has been found to commit any unlawful an unsafe act or any unsafe working practice or is found not to be not authorized qualified or qualified authorised in terms of the Act o issue SHEQ Requirements; • issues the Contractor with a work stop order or a compliance order should Eskom the Employer become aware of any unsafe working procedures procedure or conditions condition or any non-compliance with any provision of the ActSHEQ Requirements. The Contractor immediately reports any disabling injury as well as any threat to health or safety of which it becomes aware at the Works or on the Site to the Project Manager. The Contractor appoints a person, qualified in accordance with the SHEQ Requirements, as the liaison with the Eskom Safety Officer for all matters related to health and safety, this person shall be contactable 24 hours a day. The Contractor confirms that it has been provided with sufficient written information regarding the health and safety arrangements and procedures applicable to the Works to ensure compliance by it and all employees, agents, Subcontractors or mandatories with the SHEQ Requirements while providing the Works in terms of this contract. As such, the Contractor confirms that this contract and the relevant Eskom Regulations and Procedures referred to in 1 above this contract constitute written arrangements and procedures between the Contractor and the Employer regarding health and safety for the purposes of section 37(2) of the OHSA. The Contractor agrees that the Employer is relieved of any and all of its responsibilities and liabilities in terms of Section 37(1) of OHSA in respect of any acts or omissions of the Contractor, and the Contractor’s employees, agents or Subcontractors, to the extent permitted by the OHSA. The Contractor hereby indemnifies the Employer and holds the Employer harmless in respect of any and all loss, costs, claims, demands, liabilities, damage, penalties or expense that may be made against the Employer and/or suffered or incurred by the Employer (as the case may be) as a result of, any failure of the Contractor, its employees, agents, Subcontractors and/or mandatories to comply with their obligations in terms of this clause 18, and/or the failure of the Employer to procure the compliance by the Contractor or any of , its employees, sub-contractors or agents. • No extension of time will be allowed as a result of any action taken by Eskom , Subcontractors and/or mandatories with their responsibilities and/or obligations in terms of or arising from the above and the Contractor shall have no claim against Eskom as a result thereof. Furthermore, no amendments to the Act or the Regulations or reasonable amendment to Eskom’s Safety and Operating Procedures will entitle the Contractor to claim any additional costs incurred in complying therewith from Eskom. • An authorized Eskom representative will be on site for regular site visits to monitor the Contractor’s implementation of health, safety and quality Standards. • The works to be enclosed with chevron barricade tape supplied and installed by the Contractor and set out by the Employer. • The Contractor shall be responsible for all expenses incurred to ensure adherence to Health and Safety Regulations as stipulated above which includes but is not restricted to ORHVS training courses, etc. • The Contractor shall adhere to the Standard on Working Clearances at MV Structures with pole-mounted auxiliary equipment as attached to this contract. • The Contractor shall comply with all the requirements of the CONSTRUCTION REGULATIONSOHSA.

Health and Safety Management. The Contractor shall comply with: o The Occupational Health and Safety Act, 1993, and all regulations made there under as per the standard clause A1, stipulated on page 4 of this contract. o The Construction Regulations, 2003. o The Health and Safety Requirements of the Employer more fully set out in Distribution Standards DISPVABF3 (The Contractor will sign the attached pages of the specification as acknowledgement of receipt and adherence) and SCSPVABN2. o All Eskom Safety and Operating Procedures as outlined in the ORHVS (Operating Regulations on High Voltage Systems) and the standards attached to this document. • The Contractor acknowledges that he is fully aware of the requirements of all of the above and undertakes to employ people who have been duly authorized in terms thereof and who have received sufficient safety training to ensure that they can comply therewith. • The Contractor undertakes not to do, or not to allow anything to be done which will contravene any of the provisions of the Act, Regulations or Safety and Operating Procedures • The Contractor shall ensure that a team member of the Contractor is authorized as a Responsible Person in terms of the ORHVS. This includes the completion of all the pre-pre- authorization training required for ORHVS Responsible Person (at the Contractor’s expense) as detailed in SCSPVBN2. The Responsible Person shall supervise the works at all times and be available to take permits where necessary. • The Contractor shall ensure that the Responsible person completes a training logbook (as per SCSPVBN2) and arrange with the appropriate Eskom representative (Xxxxxx Madladlamba) for evaluation of the authorized person prior to the Construction start date. This needs to be arranged by the Contractor. • The Contractor shall appoint a person who will liaise with the Eskom Safety Officer responsible for the premises relevant to this contract. The person so appointed shall: o supply the Eskom Safety Officer with copies of minutes of all Health and Safety Committee meetings (if relevant), on a monthly basis. o supply the Eskom Safety Officer with copies of all appointments in respect of employees employed on this contract, in terms of the Act and Regulations and shall advise the Eskom Safety Officer of any changes thereto – to be handed over to the Employer prior to construction start. • Eskom may, at any stage during the currency of this agreement, be entitled to; o do safety audits at the Contractor’s premises, its work-places and on its employees; o refuse any employee, sub-contractor or agent of the Contractor access to its premises if such person has been found to commit any unlawful act or any unsafe working practice or is found to be not authorized or qualified in terms of the Act o issue the Contractor with a work stop order or a compliance order should Eskom become aware of any unsafe working procedures or conditions or any non-compliance with the Act, Regulations and Procedures referred to in 1 above by the Contractor or any of its employees, sub-contractors or agents. • No extension of time will be allowed as a result of any action taken by Eskom in terms of the above and the Contractor shall have no claim against Eskom as a result thereof. Furthermore, no amendments to the Act or the Regulations or reasonable amendment to Eskom’s Safety and Operating Procedures will entitle the Contractor to claim any additional costs incurred in complying therewith from Eskom. • An authorized Eskom representative will be on site for regular site visits to monitor the Contractor’s implementation of health, safety and quality Standards. • The works to be enclosed with chevron barricade tape supplied and installed by the Contractor and set out by the Employer. • The Contractor shall be responsible for all expenses incurred to ensure adherence to Health and Safety Regulations as stipulated above which includes but is not restricted to ORHVS training courses, etc. • The Contractor shall adhere to the Standard on Working Clearances at MV Structures with pole-mounted auxiliary equipment as attached to this contract. • The Contractor shall comply with all the requirements of the CONSTRUCTION REGULATIONS.