By Eamonn Ryan
Health and safety law in South Africa is not standing still – and HVAC leaders who treat the OSH Act and Construction Regulations as fixed will be caught off guard. In the SAIRAC workshop on empowering HVAC leaders, health and safety officer Tegan Beer outlines the current framework, while industry input during the session points clearly to tighter rules on the horizon, especially after high‑profile building failures. This is part ten of a ten-part series.
Building robust design‑stage risk processes that go beyond today’s minimum legal wording.
Aleksandarlittlewolf | Magnific.com
Beer’s starting point is that the OSH Act and CR 2014 already demand a lot from HVAC firms, particularly when projects cross into construction‑level risk: “Together, the OSH Act and the construction regulations provide both general workplace safety and construction‑specific management. Misinterpreting this distinction can expose companies to legal liability, fines, and reputational damage,” she explains.
Today, HVAC companies must already:
- Recognise when work involves construction activities (chillers, scaffolding, structural openings, retrofits)
- Make formal legal appointments (construction manager, safety officer, fall protection planner, etc.) when acting as principal contractor
- Develop site‑specific safety plans and task‑based risk assessments for high‑risk work
- Coordinate multiple subcontractors safely on complex projects
However, workshop discussion highlighted that regulators and safety professionals are pushing to go further – particularly around design responsibilities and on‑site safety presence.
Participants noted that the ‘designer’ obligations introduced in 2014 (Section 6) are likely to be expanded significantly, especially in response to tragedies like the George building collapse. For HVAC leaders, that means greater scrutiny of how systems are conceived on paper, not just how they are installed on site.
Beer’s broader message is that leaders must not wait for the law to tighten before they act. “By clarifying how each of these frameworks applies in HVAC operations, we empower our CEOs to lead with accountability,” says Beer.
In practice, that means:
- Treating design risk (loads, penetrations, access, maintenance) as part of safety planning from day one.
- Documenting design assumptions and coordination decisions so they can withstand future legal review.
- Ensuring project managers and engineers understand their emerging design‑side duties, not only their construction roles.
Another direction of change is the expectation for stronger on‑site safety leadership. The workshop referenced proposals that, on some high‑risk projects, subcontractors may in future be required to have a dedicated safety officer permanently on site. While still emerging, this reflects a wider shift: regulators want competent people physically present where risk is created, not managing safety purely from a head office.
Beer consistently frames these developments as a leadership opportunity rather than just a compliance burden. “This workshop is about equipping you with clarity, confidence, and practical insight to embed safety into every decision that you make,” she says.
HVAC CEOs and project directors can prepare now by:
- Building robust design‑stage risk processes that go beyond today’s minimum legal wording.
- Strengthening the competence and authority of on‑site supervisors and safety officers.
- Planning project budgets and tenders with realistic allowances for future regulatory tightening.
The direction of travel is clear: more accountability on design, more visible safety leadership on site, and less tolerance for generic, one‑size‑fits‑all approaches. Companies that adapt early will not only find compliance easier when rules change; they will also present themselves to clients and regulators as mature, trustworthy partners in delivering safe, resilient HVAC projects.
