Page 5 - KZN Business Sense 12.4 - Terry Flack

AFTER THE DUST SETTLES

WHAT HAPPENS WHEN A BUILDING COLLAPSES ON A CONSTRUCTION SITE

By David Vlcek, Partner, main contractor on site. Shortly The inspector appointed by for the Built Environment Act, the Department of Labour’s
Cox Yeats thereafter, the first responders the Department of Labour will 2000, and reports to the National Section 31 investigation.
will arrive on site in response to contact the property owner, the Department of Public Works and At the same time, media interest
he recent and various emergency calls. More developer, and the main contractor Infrastructure. in the incident will inevitably
deeply tragic often than not, this will be the and arrange urgent meetings with Its mandate includes promoting grow, and it is advisable for an
Tbuilding South African Police Services them. This is a critical stage in the professional conduct within the experienced individual to manage
collapses in George, who will establish a chain of investigation process. built environment professions, communications with the press.
Verulam, and, command on-site and dictate how It is a particularly difficult advancing transformation in
most recently, the site is managed. time for the parties involved, as the sector, protecting the public To gain access to the site for
Ormonde In terms of Regulation 8 of they are often simultaneously interest, and advising government investigative purposes, it is usually
have brought the General Administrative assisting emergency responders on built environment matters. necessary to engage with the
renewed Regulations, 2003, promulgated while responding to regulatory There remains some debate about Department of Labour and develop
attention under the Occupational Health investigations. The Section 31 the Council’s precise jurisdiction a protocol, risk assessment,
to a and Safety Act, 1993, the relevant investigation can be invasive and is over collapse investigations and and safety plan governing how
difficult question: what actually parties must, within seven days of usually conducted at short notice. whether parties on site are legally the collapsed structure will be
happens after a structure collapses the incident, notify the Provincial obliged to respond to its requests accessed, how evidence will be
The inspector may request
on a construction site? Director of the Department of documents and take statements for information. preserved, and how the structure
will ultimately be cleared.
Beyond the immediate human Employment and Labour using the from various witnesses on site. At From the outset, the priority
tragedy and the urgent search- prescribed forms. this stage, the inspector’s focus must be the health and safety of all Engineers will play an important
and-rescue efforts, a complex At this stage, the site is effectively will be on occupational health and individuals on site and assisting role at this stage, assisting in
legal and regulatory process is set under the control of the South safety compliance and broader with emergency services, working determining the proximate cause
in motion. Multiple authorities African Police Services as search regulatory compliance in relation to recover those who have sadly of the collapse.
become involved, investigations and rescue teams attempt to locate to the construction project. died or been injured. In incidents where lives are
begin almost immediately, and the lost, or individuals are injured,
owner, developer, contractor and individuals trapped beneath the The outcome of the Section 31 Preserving Evidence the owner of the property, the
professional team must navigate rubble and save their lives. investigation will be a written At the same time, it is essential developer and the main contractor
overlapping obligations while Those involved must work with report, together with witness to preserve evidence. This includes will often find themselves
responding to public scrutiny and the South African Police Services statements, documents and collating documentation, contracts participating in a Section 32
potential litigation. and the Department of Labour in other evidence gathered by the and construction drawings and, inquiry, a public inquiry aimed at
the best interests of the individuals inspector. These will be delivered determining the proximate cause
There is often confusion about to the Department of Labour for where possible, preserving material
who has authority over the site, who have sadly been injured or a decision on whether to hold a samples from the collapsed of the collapse. They may also face
which investigations take priority, trapped beneath the debris. formal Section 32 inquiry or refer structure. Striking this balance civil claims arising from property
and what legal responsibilities Sadly, after some time, rescue the matter to an inquest under the can be extremely difficult. It is damage, personal injury, and loss
arise in the critical hours and days efforts may transition into Inquests Act, 1959. therefore critically important to of support, brought by affected
parties.
following a collapse. search-and-recovery operations. appoint a senior assessor and a
While the Section 31
Drawing on experience At this point, the South African investigation is underway, various team of experts as soon as possible. Appropriate Legal Advice
advising on construction collapse Police Services will generally professional bodies may also Preserving evidence is key in a It is therefore advisable to brief
investigations, this article outlines hand control of the investigation become involved, particularly construction collapse investigation. legal representatives at an early
the key procedures typically to the Department of Labour so where registered professionals such Experts should attend the site as stage to address potential third-
followed in South Africa when a that it may commence a Section as engineers, quantity surveyors, soon as possible to photograph, party claims and to maintain a
structural failure results in injury, 31 investigation in terms of the architects or project managers video and record what is taking proper register of those claims
loss of life, or property damage. Occupational Health and Safety participated in the project. place. If possible, a full scan of the as they arise. It is equally
Act, 1993. site should also be conducted. important to notify the relevant
Regulatory Framework Professional Conduct insurance broker and insurers
The updated drawing register and
Construction sites are inherently Section 31 Investigation Each professional body, such as all construction drawings issued as soon as possible.
dangerous places. As a result, the The purpose of a Section 31 the Engineering Council of South for the project should be preserved,
Occupational Health and Safety investigation is to determine Africa, has professional conduct together with the various statutory Professionals involved in the
Act, 1993, together with the the cause of the incident and to rules and may initiate its own appointments made under project may also be required
National Building Regulations investigate whether the owner of investigation or disciplinary inquiry the Occupational Health and to respond to investigations
conducted by their professional
and Building Standards Act, 1977, the property, the developer and into the conduct of its members. Safety Act and the Construction regulatory bodies, which may
were promulgated in an attempt the contractor complied with Regulations. involve presenting evidence and
by government to safeguard their regulatory obligations. The More recently, the Council compiling a detailed documentary
contractors and third parties on Department of Labour will appoint for the Built Environment All occupational health and record. In these circumstances,
site, as well as the general public. a senior inspector to investigate has also become involved safety files, risk assessments, such professionals must receive
what occurred on site. Importantly, in investigations relating to toolbox talks and site induction
These statutes, read together with the Section 31 investigation can construction collapses. The records should also be gathered appropriate legal advice regarding
the Housing Consumer Protection commence while search and rescue Council is a public entity and preserved. This information the various regulatory and legal
Measures Act, 1998, largely dictate efforts are still ongoing. established under the Council will become highly relevant during risks they may face.
the regulatory framework in terms In summary, the most important
of which construction takes place steps following a construction
in South Africa.
collapse are preserving
Accordingly, immediately prior evidence and protecting legal
to the collapse, the owner of the privilege in communications
property and the developer (if they and investigations. Expert
are separate entities), together with appointments should be made
the building contractor on site, through legal representatives
bear primary legal responsibility wherever possible.
and liability under these Acts. It Construction collapse
follows that immediately upon the investigations are multi-layered,
structure collapsing, responsibility complex and highly technical.
attaches to them to respond in They require a coordinated
accordance with the site-specific team of legal advisers, engineers
health and safety plans they have and specialist assessors to work
in place. quickly to assist the parties
involved while ensuring that
South African Police Services
the relevant evidence is properly
The immediate response must preserved and analysed. 
therefore come from the property
owner, the developer, and the W: www.coxyeats.co.za

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