S.L. 646.27 Art. 16Powers and other duties of project supervisor for health and safety matters. 11    Cap. 586. The reporting function of the project supervisor for health and safety matters. 12 [S.L.

In order to preserve health and, or safety on the construction site, the project supervisor for health and safety matters shall have the following powers:

(a) to inspect at any time of day or night the construction site to which he has been appointed to act as project supervisor for health and safety matters to fulfil the duties made under these regulations;

(b) to make such examination, interview and investigation as may in any circumstances be necessary in the interest of occupational health and, or safety;

(c) to take such measurements, photographs, video recording and, or any other recordings, including the use of monitoring equipment and atmospheric sampling, as the project supervisor for health and safety matters considers necessary for the purpose of fulfilling the duties under these regulations:

Provided that the handling and storage of personal data resulting from the said activities shall conform to the provisions of the Data Protection Act.

(d) to order that work or any activity be halted or to give such orders in relation to the carrying out of duties by any employee or self-employed persons on the site if there is a reasonable concern that the carrying out of work and, or activity could likely expose any person present on the construction site to a serious risk to their health and, or safety, emanating from an immediate or imminent exposure to a hazard:

Provided that the project supervisor for health and safety matters shall, without undue delay, notify in writing the duty holders involved in the construction project. The project supervisor for health and safety matters shall inform the Authority of any order made in accordance with this paragraph in such instances where such orders are not observed or complied with:

Provided further that for the purpose of this paragraph "duty holders" shall not include "workers";

(e) to require any article, substance, material, equipment, machinery, installation, structure, apparatus, tool and any other thing at the construction site that he may reasonably consider to be a risk to occupational health and, or safety to be dismantled and, or removed from the site and, or rectified and, or subjected to any process or test at the expense of the relevant duty holder;

(f) (i) to receive and register any report made by any person in relation to any matter which may give rise to suspicion of a breach of these regulations, or the Act or any regulations made thereunder:

Provided that if a worker or any person, whether acting on his own behalf or on behalf of a worker, report a matter in terms of this regulation to the project supervisor for health and safety matters, then the project supervisor for health and safety matters shall prepare his written report in relation to such a matter within fifteen (15) days from the date on which such matter was reported to him in writing, and after having heard the client, including any client representative engaged by AND SAFETY REQUIREMENTS FOR WORK AT 646.27 CONSTRUCTION SITES)

the client, any worker or person making a report in terms of this sub-paragraph. Once completed, such report shall be provided to the client and the worker or any person, whether acting on his own behalf or on behalf of a worker, accordingly. Where deemed necessary by the project supervisor for health and safety matters, the report shall indicate such measures which shall need to be implemented by the client in order to address any particular matter taking into account the obligations of the client under the Act. Failure to present such a report shall be considered to be an offence under the Act;

(ii) to register any matter reported in terms of this regulation and the matter shall be considered to be conclusively determined provided that any measure specified by the project supervisor for health and safety matters in terms of these regulations is implemented accordingly within stipulated time-frames:

Provided that if the measures specified by the project supervisor for health and safety matters not be implemented or adhered to in terms of these regulations, the project supervisor for health and safety matters shall inform the Authority accordingly and the client shall be guilty of an offence under the Act in such instances:

Provided further that in the case that the project supervisor for health and safety matters has failed to make the correct recommendations to the client in accordance with the Act and the regulations made thereunder, then in such instances the project supervisor for health and safety matters shall be guilty of an offence under the Act.

Provided further that, except where required by law or deemed necessary, the project supervisor for health and safety matters shall ensure the anonymity of any person who reports any matter which may give rise to suspicion of a breach of these regulations, or the Act or any regulations made thereunder. The identity of the said person may be disclosed only with their explicit written consent.

Project supervisor for health and safety matters: non-liability