By Eamonn Ryan
One of the most common points of confusion in the HVAC industry is knowing when ordinary servicing falls under the OSH Act alone, and when work crosses the line into construction and triggers the Construction Regulations. In her SAIRAC workshop, health and safety officer Tegan Beer tackles this head‑on for HVAC leaders. This is part three of a ten-part series.
Beer stresses that leaders should not see Construction Regulations as something separate from the OSH Act.
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Beer explains that the OSH Act is the baseline: it applies all the time. The Construction Regulations sit on top of that baseline and only switch on when specific types of work are undertaken. “The construction regulations are very, very specific. They apply when HVAC involves construction activities,” says Beer.
In practical terms, those activities include:
- Installing large chillers in commercial or industrial buildings
- Ducting projects that require scaffolding
- Cutting openings in walls or roofs for fans or louvres
- Structural modifications during retrofits
These types of work introduce higher levels of risk: working at height, heavy lifting, demolition, and coordination of multiple trades. That is why the Construction Regulations focus on high‑risk tasks such as scaffolding, crane operations and structural changes.
Once those triggers are present, the legal obligations increase. Beer notes that employers must appoint competent persons in key roles, especially when acting as principal contractor (PC):
- A construction manager
- A safety officer
- A fall protection planner
These are not the only appointments required, but they illustrate how formal responsibilities are allocated for managing risk on site. “A site‑specific safety plan must be developed before we begin, and risk assessments must be conducted for each high‑risk task,” Beer explains.
For HVAC firms, this means the project cannot start on a handshake and a generic file. There must be a plan that deals explicitly with the risks of that site and that scope: crane lifts, scaffolding erection, hot work, working in or around other trades, and so on.
Contractor management becomes critical. Many HVAC projects involve subcontractors such as electricians, rigging teams or dedicated duct installers. The principal contractor is responsible for coordinating these parties, ensuring they comply with the safety plan, and preventing gaps that could lead to incidents.
Beer stresses that leaders should not see Construction Regulations as something separate from the OSH Act. The OSH Act remains fully in force; the regulations simply add an extra layer for high‑risk projects.
“In short, the construction regulations extend the OSH Act into the high‑risk realities of HVAC construction projects… They ensure that when we move beyond routine servicing into installations and structural work, safety remains the first priority,” says Beer.
For HVAC CEOs and project managers, the takeaway is clear: it is not enough to ask, “Do we have a safety file?” You must first ask, “Is this routine service or a construction‑level project?” If it is the latter, the Construction Regulations – and their requirements for appointments, plans and risk assessments – are non‑negotiable.
Understanding this distinction helps companies avoid legal exposure, fines and reputational damage, and reinforces a safety culture that matches the real risks of the work being done.
