Body Corporate - Sectional Title

[The Ouzo]

Me too. Except it's kempton park. 

except it doesnt sound as bad when you say its in JHB

[MTBeer]

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.

I have my own health and safety guy who is going to make sure that the contractors H & S file is up to standard.

[MTBeer]

Thanks for all the replies guys. As I said,  I want to ensure compliance with OHS, but there is another trustee who likes taking the cheapest option, so I need to show him that legally, we as trustees, are responsible for appointing compliant contractors. He wasn't even bothered about doing the asbestos removal properly. Just wanted to get in some bakkie builder and make it his problem.

[Kranswurm]

Me too. Except it's kempton park. 

The harsh reality kicks in........

[Kranswurm]

I have my own health and safety guy who is going to make sure that the contractors H & S file is up to standard.

The file is one thing

Making sure it is implemented is another.

[MTBeer]

The file is one thing

Making sure it is implemented is another.

I don't think the BC can be expected to ensure that day to day compliance takes place.

[Shebeen]

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?

I'm a chairman on one and a trustee on another ST scheme.

 

To be dead honest, it's not up to you to micromanage the contractor. This is not covered in the STMA in any detail so it's down common sense.

 

Just put a clause in that they agree to follow all regulations and you're covered as a trustee.

[MTBeer]

I'm a chairman on one and a trustee on another ST scheme.

 

To be dead honest, it's not up to you to micromanage the contractor. This is not covered in the STMA in any detail so it's down common sense.

 

Just put a clause in that they agree to follow all regulations and you're covered as a trustee.

Yes that would be my plan as well.

[LBKloppers]

I am not a boffin, but I did work on a project where real blue asbestos spillage was involved. The legal requirements are quite strict. The clearing contractor has a whole bunch of certifications and accreditation to comply with. These include gathering the waste material, storage and transport from your site to a designated asbestos holding facility. And you will pay for everything! Good luck