Body Corporate - Sectional Title

[MTBeer]

Did a search and couldn't find anything on this subject, although I seem to remember it was discussed.

 

We are busy with a biggish project at a sectional title unit I own. Will involve builder/roofing contractor working on scaffolding, etc and also the removal of old asbestos gutters and roof sheets.

 

As a trustee, what legal obligation do you have to ensure that the appointed contractor complies with all OHS regulations regarding the work on site, as well as the asbestos removal? I feel we have a responsibility to appoint a compliant contractor, but another trustee, who is looking for the cheapest solution, wants to appoint a contractor regardless of whether they comply or not.

 

Any legal eagles out there who can advise?

[nathrix]

Speak to your Managing Agent (MA), they should be able to assist and advise.

 

Edit: Do a search for CSOS, perhaps you can find some info there as well. If someone living there gets sick or something if not done properly and lawfully, they could and will go after the trustees.

Edited September 22, 2020 by nathrix

[MTBeer]

Speak to your Managing Agent (MA), they should be able to assist and advise.

 

Edit: Do a search for CSOS, perhaps you can find some info there as well. If someone living there gets sick or something if not done properly and lawfully, they could and will go after the trustees.

I have searched the CSOS - it's not very clear on this. Doesn't mention anything in this regard specifically. Managing Agents are also a bit vague, but waiting for them to come back with more info.

 

But The Hub is the repository of all knowledge, hence my question here

[Eddy Gordo]

I could be mistaken, As far as I know, the removal of asbestos has to be done by a qualified contractor.  The reasoning is because of the health implications.

[Pure Savage]

I have searched the CSOS - it's not very clear on this. Doesn't mention anything in this regard specifically. Managing Agents are also a bit vague, but waiting for them to come back with more info.

 

But The Hub is the repository of all knowledge, hence my question here

We have a small complex and I am a trustee, I have asked the contractors for their certificates. 

 

I am not sure about the day to day compliance though. We had to rule out some contractors as they did not provide the certificates etc.

[TNT1]

Managing Agents are also a bit vague, but waiting for them to come back with more info.

 

Great chance to get a decent managing agent at your next agm. They should have the answers to this at their fingertips.

[MTBeer]

We have a small complex and I am a trustee, I have asked the contractors for their certificates. 

 

I am not sure about the day to day compliance though. We had to rule out some contractors as they did not provide the certificates etc.

The day to day compliance I would think is the contractors responsibility. But is it the trustees' responsibility to appoint a OHS compliant contractor? I would say yes, but some cheapskate trustees say no.

[TNT1]

We have a small complex and I am a trustee, I have asked the contractors for their certificates. 

 

I am not sure about the day to day compliance though. We had to rule out some contractors as they did not provide the certificates etc.

I'm not sure about covid level 1 regs, but I have contractors at various sites daily and they need to ensure their covid compliance as part of their H&S file they submit and we do spot checks on them for compliance.

[MTBeer]

I could be mistaken, As far as I know, the removal of asbestos has to be done by a qualified contractor.  The reasoning is because of the health implications.

Yes I am aware of the regulations around asbestos. You need permits from CoCT. It's an expensive process.

[PieterJvR]

If you are on facebook, you can join a group called "Sectional Title Living in SA" which has lots of information on it and some knowledgeable members on what the law states, being able to refer you to relevant sections of the act, etc.

[Pure Savage]

I'm not sure about covid level 1 regs, but I have contractors at various sites daily and they need to ensure their covid compliance as part of their H&S file they submit and we do spot checks on them for compliance.

Good idea, I had not thought of that, will add to things to ask for!

 

Shot!

[Matchstix]

As far as i know as trustee you can be held accountable legally for decisions. So if the contractor is not compliant, it can come back to bite you

[Thug]

As far as i know as trustee you can be held accountable legally for decisions. So if the contractor is not compliant, it can come back to bite you

 

Correct.

 

Rather be safe and appoint a compliant contractor that has the necessary H&S certification.

[Kranswurm]

Did a search and couldn't find anything on this subject, although I seem to remember it was discussed.

 

We are busy with a biggish project at a sectional title unit I own. Will involve builder/roofing contractor working on scaffolding, etc and also the removal of old asbestos gutters and roof sheets.

 

As a trustee, what legal obligation do you have to ensure that the appointed contractor complies with all OHS regulations regarding the work on site, as well as the asbestos removal? I feel we have a responsibility to appoint a compliant contractor, but another trustee, who is looking for the cheapest solution, wants to appoint a contractor regardless of whether they comply or not.

 

Any legal eagles out there who can advise?

Look,I am in a small complex in Glen Marais in Joburg and the BC hires tree fellers that I am sure are going to fall to their death.Jokes aside, the client/BC has a responsibility to ensure that contractors comply with the regulations which are fairly clear.COVID is easy.H&S not so easy and as for Asbestos removal pretty straight forward.The contractor must have a clear Method Statement detailing how they intend to remove the products.Included in this method statement must be the removal from site and disposal of the products.There are a number of waste contractors that will do this and they move it to a disposal facility like the one near Witbank.They have to produce certification as proof they have accepted the load and dealt with it.

 

Edit.Our apartment block in Milnerton is busy with a fairly large project replacing all the windows with PVC framed double glazed windows.It is a big job and entails scaffolding to the 3rd Floor(where my unit is) and safety harnesses etc.

The BC is managing the whole process.I doubt their file and processes comply because the BC don't know enough about the processes to do so.

If there is an accident the BC will be held responsible.

Edited September 22, 2020 by Kranswurm

[TNT1]

Look,I am in a small complex in Glen Marais in Joburg 

Me too. Except it's kempton park. 

[Dicky DQ]

If there is an accident the BC will be held responsible.

Not as far as I know. It is their baby. Most of our site require a safety file etc. It is very onerous and these days we charge about R 2,5 and R 7K just for the safety file, depending on what is needed to be in it. This notwithstanding the contractor is responsible for for his staff so if anything goes pear-shaped it is on his onus. Well that is what I read into it. 

 

This is a huge  problem for guys like us that are compliant (safety file notwithstanding) as there are many other compliance regulations that cost and now you have to compete with the bakkie brigade that have none of these expenses. Many times loosing out on work. Well so be it.

 

Sometimes the cost of the safety file is more than the total cost of the job.