COVID-19 Brief Update

The Construction Industry Rapid Response Task Team (CC19RRTT) has been consulting with various government departments over the last few days to get re-activate all construction sites under Level 3. The MBA has been consulted and have given further input on behalf of our member companies.
The latest consultation was specifically regarding the transporting of workers when we re-open as an industry. Deadlines have been tight so we are expecting an announcement soon.
Even though the country will soon be moving to Lockdown Level 3, the MBA has also resubmitted adjusted proposals for all construction work to fall under level 4.
We will advise on any announcements via email, Website, Facebook and Twitter. Please follow us there.
Please take care, continue to abide by the regulations and, by all means, approach the MBA for help in implementing all these new regulations. We are here to support and assist you through this difficult time.

MBA Bulletin – 19 May 2020: East Cape Master Builders Association

Government continues to consult with Business and Civil Society on the move to Level 3 of the Nationwide Lockdown. We are convinced that some areas must also move to Level 2 urgently but that, either way, all active construction work should fall under level 4.
To this end the MBA has made further representations to Government and will continue to lobby, by all means available, for the urgent, safe and responsible return to work for our industry.
We are starting to focus back on the normal at the MBA as well as we cannot afford to overlook the day to day issues that our members face and with which they need our support. Certain of our staff are returning to the office in a phased manner and MBA meetings are resuming albeit on Zoom or Skype. Sadly, our highly popular MBA Dinners have been postponed to 2021 so we will have to find another way to socialise for the remainder of 2020.
Some tips for those returning to work:
  • Plan your re-start carefully
  • Make sure you have all the information you need
  • Check out the DEL Health & Safety Directive & Guidelines
  • Prepare a COVID Safety Plan
  • Conduct Proper Risk Assessments
  • Educate & train your employees
  • Issue the necessary PPE
  • Keep the Necessary records
  • Don’t restart illegally – It can have disastrous consequences
  • Follow out COVID Articles on the MBA website
  • Call the MBA for help and assistance
Please keep following us on Email, Website, Facebook, Twitter and LinkedIn for regular industry updates.
Regards
The MBA Team
Notice….
An invitation for register as a supplier for the Sarah Baartman District Municipality.
Prospective suppliers must be registered on the Centralised Supplier Database (CSD) in order to do business with all the organs of state.
SA Coronavirus : COVID-19
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Headline CPI Inflation: Mar 2020 – 4.1%
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Report Late Payments: Government Reporting Form
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Contact Us….
MBA Staff Contact Details:
Virtual Reception – Angelique – 076 547 2204
Training – Craig – 083 231 8643
IR & Labour – Gerhard – 082 872 0611
Health & Safety – Diona – 071 887 3248
Accounts – Rianna – 082 416 2549
Exec. Director – Greg Steele – 082 652 3139

COVID-19 UPDATE: WORKPLACE READINESS PLAN

Dear Members

As your association we want to prepare you in advance and ensure  that you are ready to return to work once the announcement is made for Lockdown to operate on Level 3. We would like you to be able to start immediately without experiencing the rush and delays that can come with the compliance to legislation required to reopen your sites.

NB: We are aware that majority of our members will fall under Level 3 and 2. As a member operating within all lockdown levels, you are required to prepare- by producing and implementing a Workplace Readiness Plan.

Practice Note – Workplace readiness_30April2020 (clean links to come)

You are also required to apply for a certificate with the Companies & Intellectual Property Commission (CIPC). The Department of Trade, Industry and Competition has confirmed that employers who can operate under Lockdown levels must request a certificate from the CIPC. You will be informed if these requirements change.

 

Creating a Workplace Readiness Plan:

Initial COVID-19 Workplace Readiness Plan –

The process for creating and implementing a workplace readiness plan is entailed in the attached document: Practice Note-Workplace Readiness. Please go through the full requirements of the plan to ensure that you are fully compliant and ready to open for business.

*PAY Special Attention to Section 5 in the plan*

This Plan includes applying for permits for your staff members to perform essential services (included in this email) and applying for a certificate with the CIPC outlined below.

 

Applying for a CIPC Certificate to operate during Lockdown

 

This certificate can be obtained online via the Biz Portal Site: https://www.bizportal.gov.za/essential_service.aspx

CIPC only control companies and closed corporations.

False declaration by the company is a criminal offence and will result in prosecution. This certificate may be revoked if there are changes to the regulations or to improve implementation of the lockdown.

Please use the following enterprise number format when requesting a new certificate.

If you are a company registered:

BEFORE 1 May 2011:     M2010123456

AFTER 1 May 2011:        K2014123456

If you are a:

Close CorporationB2011123456

Cooperative: C2018133556

Please note further that employers who have a certificate for 16 to 30 April 2020, do not need to reapply. Despite this, some employers have experienced difficulties with the old certificates not being accepted.

Therefore, it may be prudent to acquire an updated certificate.

 

  1. MBA North Construction Health & Safety (CHS) Team back at work

We are happy to report that the MBA North CHS team is fully operational and back in the office as of Monday, 11 May to assist you with:

Your COVID-19 compliant Health & Safety Files, advise and implementation.

Cost of the COVID-19 Safety Files: R2,000 Ex VAT (Members) / R3,000 Ex VAT (Non-members)

Please contact Ashleigh Feeny for COVID-19 Safety Files

 CHS Team available –  Contact details below:

Gerhard Roets CHS Manager 082 825 1179 gerhard@mbanorth.co.za
Ashleigh Feeny CHS Administrator/ Reception 0827943777 ashleigh@mbanorth.co.za
Zenzele Mabuza CHS Safety Officer 063 689 9590 zenzele@mbanorth.co.za
Manie Van As CHS Safety Officer 0710348465 Manie@mbanorth.co.za
Mbuya Ramabulane CHS Safety Officer  

0797893456

mbuya@mbanorth.co.za
Duncan Ebersohn CHS Safety Officer 0718950432 duncan@mbanorth.co.zo

 

 

 

Safe Return 2 Work Health Planning Tools for Businesses

Business Unity South Africa (BUSA) have put together a number of workplace readiness tools to help businesses that are reopening to put in place the necessary occupational health and safety provisions to enable a safe Return2Work. The following documents has reference:

  1. Workplace readiness practice note – provides minimum practice guidelines for all employers to resume operations safely and minimise the risk of COVID-19 transmission to workers.Practice Note – Workplace readiness_30April2020 (clean, links to come)
  2. CEO declaration template – confirmation that the employer has completed the required procedures and planning processes to safely resume operations at level 4 lockdown.CEO Declaration Template_30April_vf
  3. Risk assessment and management tool – a planning tool to aid a company to assess their COVID-19 related risks (tab 1) and then put in place plans and controls to mitigate those risks (tab 2). Note that this should be done with the workplace occupational health and safety committee, if applicable. R2W Risk Assessment & Management Tool_vf
  4. Risk adjusted strategy regulations – as issued last night, note in particular page 15 and Annexure E that have been included in the practice note and CEO declaration. Risk Adjusted Strategy Regulations 29 April 2020

Note, these documents seek to incorporate all the relevant official requirements, but do not replace the law. If a business has already assessed its occupational health and safety risks and put in place a plan, the business need not use these tools. The material is provided for guidance in the absence of the business having a process and plan in place; or as an additional reference to ensure that all important risk factors and control measures are considered. It is important to remind all businesses to keep their occupational health and safety records, and risk management approach available in the event that it is required for reporting or compliance purposes.

These documents will be available for download this evening on the following Return2Work website at: https://www.return2work.co.za/  together with official reference documents and resources. We will add further useful links to resources over the coming days and weeks. Note that the sector planning tool is already loaded and available on the website.

Draft Construction Sectoral Guidelines – Covid-19

The MBA North have been identified as one of the key stakeholders within the Construction Sector with respect to health and safety. The Chief Inspector of Occupational Health and Safety is in the process of promulgating Sector Guidelines in accordance with the Covid-19 Occupational Health and Safety Measures in Workplaces Directive (C19 OHS) Clause 45. See the link to the word Draft Construction Sectoral Guidelines document for ease of reference.

Please see the link to a self-explanatory letter from the Director of Construction, Explosives and MHI Directorate requesting comments/suggestions/recommendations on the draft construction sector guidelines.

Please add comments to the template  ANNEXURE A for feedback.

The deadline for comments to Ashleigh is Wednesday, 6th May 2020 by 14h00. ashleigh@mbanorth.co.za

OHS Covid-19 Directive

ANNEXURE A – MBA North – Draft Construction Sectoral Guidelines – 5 May 2020

Letter to the Construction Health and Safety Stakeholders – 4 May 2020

Draft Construction Sectoral Guidelines

CHS FORUM: NEW DIRECTIVES

Herewith the following updated directives and documents circulated :

LOCKDOWN DEMANDS THAT CIPC MUST RESCIND ITS DELAY OF BUSINESS RESCUE FILING

The national coronavirus-related lockdown has put many companies into financial distress, but recent notices from the Companies and Intellectual Property Commission (CIPC) are delaying the business rescue process and in fact fall to be set aside on review, according to law firm Knowles Husain Lindsay Inc.

Many industries including construction, building and civil engineering were already in poor financial shape by the start of 2020, and the sudden lockdown has pushed hundreds of businesses over the edge. Sectors like tourism and hospitality have also seen trading halt almost completely, putting thousands of small enterprises at risk and needing to look to business rescue as a possible means of survival.

“The CIPC wants to suspend and extend certain time periods relating to voluntary business rescue until after the lockdown ends, but it is actually not legally entitled to do that,” says Gavin Schär, director at Knowles Husain Lindsay Inc. “The timeframes are stipulated within the Companies Act, and with good reason; companies affected negatively by the lockdown need to act quickly and without delay when applying for business rescue.”

The notices state that business rescue applications that were lodged at the CIPC before the national lockdown but which were not completed  at the time of the lockdown may not be completed until after the national lockdown has ended. Neither may any new proceedings be started until after the lockdown.

“In our view, the CIPC acted ultra vires in publishing the notices as it lacks the authority to extend or suspend the time periods contemplated in section 129 of the Act,” Schär says. “Under these circumstances, the notices are unlawful and fall to be set aside on review.”

Schär says that section 129 of the Companies Act clearly sets out the process for commencing voluntary business rescue. This includes the  resolution by the board of a company to be placed into voluntary business rescue to be filed with the CIPC and also to the appointment of a business rescue practitioner within five days thereof – of which the CIPC must be notified within two days. These filings may be done by email, and do not require the physical delivery of hard-copy documents, he says.

“Section 223 of the Act states that only the Minister of Trade and Industry, in consultation with the CIPC and by notice in the Gazette, may make regulations concerning the functions of the CIPC, including those relating to the time periods,” he says. “The authority of the CIPC to issue regulations and policy directives does not extend to any time periods that are already set out in the Act.”

Referring to the special regulations related to the lockdown, section 27 of the Disaster Management Act (DMA) allows the Minister of Cooperative Governance and Traditional Affairs to make regulations or issue directives to address a disaster – which was done in March and April. Regulation 10 to the DMA makes provision for the Minister of Trade and Industry to issue regulations and directives.

“However, the Minister of Trade and Industry has not issued any regulations or directives relating to the operation of the CIPC during the national lockdown,” he says. “In our view, despite the notices from the CIPC, companies who want to be placed into business rescue are entitled, during the national lockdown, to proceed to file the necessary section 129 documentation via email with the CIPC. The CIPC may not refuse to accept any documents which are filed in this manner.”

Schär warns that unfortunately it may now be necessary for companies wanting to apply for  business rescue to launch an urgent application to Court to set aside the notices.

“A company that is financially distressed because of the temporary national lockdown is a prime candidate for business rescue and must act without delay in applying for business rescue if it wants to increase its chances of being rescued and precisely the type of company that the business rescue provisions are aimed at,” he says. “With the CIPC notices effectively depriving companies of this lifeline at present, we are of the view that there is a legitimate basis to urgently apply to court on an urgent basis to set aside the notices.”

Construction Economic Activity Urgent Notice

Construction Industry Update:
  1. Commercial Construction will operate at Level 3 currently, however we have submitted a motivation to operate at Level 4

 

The government has developed a strategy for the country, provinces, districts and metros to be classified on a 5-level risk scale. Level One being low risk to level five being the highest risk level.  These levels will determine the restrictions in place at any given time.

 

According to the draft strategy, the Commercial construction industry is classified at risk “LEVEL 3”. While residential construction is classified at risk ‘’LEVEL 2’’

From 1 May 2020, the overall country risk level will be moved from level 5 (hard lockdown) to “LEVEL 4”.

 

The Construction industry will therefore for now NOT resume on 1 May 2020 as previously hoped.

As we stand at the moment, the industry start-up will be at “LEVEL 3” and it is unclear when this will occur. See attached document: ‘’permitted good and services movement..’’

We will keep you informed of any changes following our submission below and the way forward.

 

  1. Submission to government to motivate for earlier return to work for Construction Industry

That said, in response to Government’s call for comments (confined to Level 4) pertaining to the proposed five-phase strategy to end the national lockdown, MBA North members were requested to forward their input to the Association to allow for a collective submission on behalf of the membership by Master Builders South Africa to move Commercial Construction from Level 3 to level 4.

We thank our members for comments received. In order to cover a wider submission, the Association included its input with the submission made on behalf of the industry, by the Construction COVID-19 Rapid Response Task Team attached (Comment on the Proposed…).

 

  1. Continued Member Support:

 

We remain focused on our members’ immediate needs and remain available to support members in respect of Labour Relations, Health & Safety, Training and Contractual matters.

 

Please keep following us on Email and on our Website and LinkedIn accounts.

 

Executive Director:

Mohau Mphomela

Comment on the Proposed Risk Based Model for Economic Activity Permitted goods_ services and movement _Distribution Version_ _4_ 20200425

 

Permitted goods_ services and movement _Distribution Version_ _4_ 20200425

TCI INFO CENTRE VITAL CONCRETE REFERENCE SOURCE

The Information Centre, a key section of The Concrete Institute (TCI) in Midrand, is continuing to add to its unique collection of reference material relating to cement and concrete – the largest collection of its kind in Africa.

Established in 1957, the TCI Information Centre operates as a public concrete technology library and is accessible to anyone in South Africa interested in or needing information on concrete topics. It has over the years become an essential destination – both personally or online – for thousands of students as well as practitioners in the concrete and related industries.

The Centre has a vast collection of well over 140 000 concrete-related reference material, including e-documents, books, and journals from across the globe.

Susan Battison, manager of the TCI Information Centre, says the collection includes the latest published American Society for Testing and Materials (ASTM) standards relating to cement and concrete, adding to the Information Centre’s collection of South African and British standards.

“The collection of conference proceedings, which are indexed fully on our online catalogue, has also grown and now includes papers on super-absorbent polymers and the rheology of construction materials. Information on construction techniques in precast and 3D printing have also been acquired while South African research by Prof Mitchell Gohnert, of Wits University, on shell structures has also been added.

“The assessment, repair and rehabilitation of concrete structures are also key additions to the collection and augments our material on the sustainability and durability aspects of concrete infrastructure. The publications of international organisations such as the International Union of Testing and Research Laboratories for Materials and Structures (RILEM) and the International Federation for Structural Concrete (fib) are also stocked,” Battison states.

The TCI Information Centre indexes all the journals it receives and provides a monthly list of current contents which can be accessed by emailing info@theconcreteinstitute.org.za with the subject line “Subscribe current contents”.

“Despite revolutionary changes in information technology over the past 63 years, the Information Centre collection has kept pace with the latest trends in information dissemination and remains a valuable resource on cement and concrete information that contributes to the development of sustainable and durable South African infrastructure,” she adds.

The TCI online catalogue is available at http://www.cciinformationcentre.org/ActiveConnect2002/default.html.

COVID-19 Risk Adjusted Strategy – Public Comment

Ministers Nkosazana Dlamini Zuma and Ebrahim Patel, Ministers of Cogta and Dti briefed the country on the classification of industries as part of the Covid-19 risk-adjusted strategy on reopening of the economy this morning.
The briefing served as the official launch of the Risk Adjusted Strategy and was for public comment and consultation.
The MBA has been participating in an initiative called the Construction COVID-19 Rapid Response Task Team (CC19RRTT) which was spearheaded by Master Builder South Africa and has made significant input towards a safe and responsible return to work for the Building Industry as well as submissions regarding allowing sections of our industry to operate as essential services. Please also refer to previous articles on our website.
There has been much speculation as to which “Alert Level” will apply to construction. Government has initially introduced some manufacturing as well as sections of civil construction under Alert Level 4.
Minister Patel said that some parts of construction are currently at work. Under Level 4 he mentioned the manufacture of cement, construction materials and hardware could resume. He also mentioned civil construction on public works projects like roads and bridges.
It is important to note that this remains open for public comment and consultation and we will be consulting with government on behalf of our members and the Industry. Companies or individuals are therefore well within their rights to submit their own comments by 12:00 on Monday 27 April 2020 in the prescribed manner.
All information is included in the document which can be downloaded by following the link below