Common use of LEGAL COMPLIANCE GUIDE IN COMPLIANCE TO CONSTRUCTION REGULATION Clause in Contracts

LEGAL COMPLIANCE GUIDE IN COMPLIANCE TO CONSTRUCTION REGULATION.  No task will be allocated to contractors in whose registration and good standing with the compensation commissioner is not valid and in order.  Provided in the standard rates are costs of Health and Safety. (See the safety remuneration letter attached) Health and Safety Management • The Contractor shall comply with:  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.  The Construction Regulations, 2014  The Health and Safety Requirements of the Employer more fully set out in Eskom procedure 32-136 and the SHE specification.  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 standard 34-146. 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 standard 34-146) and arrange with the appropriate Eskom representative 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:  Supply the Eskom Safety Officer with copies of minutes of all Health and Safety Committee meetings (if relevant), on a monthly basis.  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;  do safety audits at the Contractor’s premises, its work-places and on its employees;  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  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 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. Please Note: (Before carrying out work, Contractor to notify the provincial director in writing of the construction work in line with requirements Construction Regulations) • It is an Eskom requirement that the Contractor shall use a Fall Arrest System (FAS) as defined in the Construction Regulations whenever a risk of falling exists. The Contractor shall adhere to the applicable standards and procedures attached to this contract. Typically, the following identified risks could endanger the work as done by the Contractor. The Contractor should identify mitigation actions for these risks, as well as identify any additional risks and submit at tender: Typical Risk Yes/No Live underground cables Yes Work in live xxxxxxxx/restricted areas Yes Live overhead conductors/crossings Yes Close proximity work to live equipment Yes Work in elevated positions/on ladders/from crane buckets Yes Operating of cranes/vehicle mounted Yes Static electricity/induction , step potential etc Yes Work with chainsaws/mechanical cutters Yes Materials handling/ heavy equipment handling Yes Conductor stringing and tensioning Yes Vehicle risks Yes Work in open trenches/excavations Yes Biological/Health risks (camps) Yes Weather related risks (UV, heat, cold) Yes Environmental risks Yes Ergonomic risks (body position, fatigue) Yes Work on/dismantling of rusted & rotten poles and structures Yes Fire risks Yes Public safety risks Yes

LEGAL COMPLIANCE GUIDE IN COMPLIANCE TO CONSTRUCTION REGULATION.  No task will be allocated to contractors in whose registration and good standing with the compensation commissioner is not valid and in order.  Provided in the standard rates are costs of Health and Safety. (See the safety remuneration letter attached) Health and Safety Management • The Contractor shall comply with:  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.  The Construction Regulations, 2014  The Health and Safety Requirements of the Employer more fully set out in Eskom procedure 32-136 and the SHE specification.  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 standard 34-146. 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 standard 34-146) and arrange with the appropriate Eskom representative 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:  Supply the Eskom Safety Officer with copies of minutes of all Health and Safety Committee meetings (if relevant), on a monthly basis.  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;  do safety audits at the Contractor’s premises, its work-places and on its employees;  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  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 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. Please Note: (Before carrying out work, Contractor to notify the provincial director in writing of the construction work in line with requirements Construction Regulations) • It is an Eskom requirement that the Contractor shall use a Fall Arrest System (FAS) as defined in the Construction Regulations whenever a risk of falling exists. The Contractor shall adhere to the applicable standards and procedures attached to this contract. Typically, the following identified risks could endanger the work as done by the Contractor. The Contractor should identify mitigation actions for these risks, as well as identify any additional risks and submit at tender: Typical Risk Yes/No Live underground cables Yes Work in live xxxxxxxx/restricted areas Yes Live overhead conductors/crossings Yes Close proximity work to live equipment Yes Work in elevated positions/on ladders/from crane buckets Yes Operating of cranes/vehicle mounted Yes Static electricity/induction , step potential etc Yes Work with chainsaws/mechanical cutters Yes Materials handling/ heavy equipment handling Yes Conductor stringing and tensioning Yes Vehicle risks Yes Work in open trenches/excavations Yes Biological/Health risks (camps) Yes Weather related risks (UV, heat, cold) Yes Environmental risks Yes Ergonomic risks (body position, fatigue) Yes Work on/dismantling of rusted & rotten poles and structures Yes Fire risks Yes Public safety risks Yes.