Theme: Advancing Construction Health & Safety into the Future
Program Director Chairman of the FEM Board, Mr. John Barrow,
FEM CEO, Mr. Nazeer Hoosen,
Compensation Fund Executive Management,
Executive Management of the Federated Employers Mutual Assurance (FEM),
Leaders of the Construction Industry,
Mr. Roy Mnisi from MBSA and the Executives of MBSA Associations
DEL Chief Inspector, Ms. Milly Ruiters and Hilton Gassen
Prof John Smallwood from the Nelson Mandela University
Professor Innocent Musonda from the University of Johannesburg
Leadership of the Labour Unions, Mr. Masibulele Naki, including labour representatives,
Acknowledge all the respective speakers from various fields in the private sector, Ms Kate Colliers from Webber Wentzel. Mr Partington Mtatabikwa a Global Motivational Speaker.
FEM Board Members Inspector General Chief Inspector Representatives of Organised Labour Representatives of Organised Business Distinguished Guests Ladies and Gentlemen
The Constitution of the Republic of South Africa is the supreme law of our land, and it makes no compromise when it comes to the rights and dignity of our people. Any law or practice that falls short of its provisions has no place in our democracy. When we speak of health and safety, we are in fact speaking about constitutional rights — rights that are firmly anchored in Sections 24, 23, 27, and 10 of the Constitution.
Section 24 guarantees every South African an environment that is not harmful to their health and well-being, and the workplace is part of that environment. Section 27 reminds us that health is a fundamental right, not a privilege. Section 23 affirms that fair labour practices cannot exist where workers are exposed to danger. And Section 10 places human dignity at the centre of our society, which means no worker should ever be subjected to unsafe, degrading, or life-threatening conditions.
Health and safety, therefore, is not simply a matter of ticking boxes for compliance. It is about upholding the Constitution, defending the dignity of workers, and safeguarding the future of our nation by ensuring that every worker returns home alive and well to their families.
There can be no doubt that in South Africa we have some of the most progressive pieces of legislation when it comes to labour relations, and this includes the Occupational Health and Safety Act. Section 9 of the Act makes it clear that the duty to protect health and safety in the workplace extends far beyond the immediate employer-employee relationship. Every employer must ensure, as far as is reasonably practicable, that even persons not in their direct employment are not exposed to hazards arising from their operations. Likewise, self-employed persons must take responsibility for conducting their work in a way that does not endanger themselves or others.
This principle reflects a broader vision for our country. It reminds us that occupational health and safety is not a narrow obligation but a societal duty that recognises the interconnectedness of workplaces, communities, and the economy. A construction site that neglects safety can endanger both workers and passers-by. A factory process that ignores health protocols can threaten not only employees but also surrounding communities. The law therefore demands foresight, accountability, and responsibility from all who participate in economic activity.
As policymakers and social partners, we must embed this principle into every programme and intervention: health and safety is a collective responsibility, grounded in law, supported by government, enforced through inspection, and embraced by business, labour, and individuals alike. In doing so, we affirm that South Africa's progressive labour laws are not just words on paper — they are tools to defend workers' dignity, to protect lives, and to ensure that economic progress goes hand-in-hand with human safety and social justice.
We are gathered here today for the FEM 2025 Annual SAFEtember Occupational Health and Safety Conference. The construction industry provides many jobs in our country, so it is vital to follow labour laws. Doing so ensures safe workplaces, creates investment opportunities, and helps prevent injuries and illnesses.
The Federated Employers Mutual Assurance Company (FEM) plays a pivotal role in ensuring that the building and construction sector operates within a framework of responsibility, accountability, and protection. In terms of its licence, FEM may only enter into policies that safeguard its members against specific risks — particularly the liability of members to their employers under the Compensation for Occupational Injuries and Diseases Act, 1993 (COIDA). This legislative framework is critical, as it ensures that workers who suffer injuries or contract occupational diseases are entitled to compensation, while also clarifying the legal responsibilities of employers and contractors.
Membership of FEM is reserved exclusively for those actively engaged in the building and construction industry. This ensures that the protections offered by FEM are targeted at those who face the unique hazards inherent to this sector, aligning the organisation's activities with its core mandate of promoting safe, responsible, and professional practices.
Furthermore, all members are required to adhere to additional conditions set by the Minister of Labour under section 30 of COIDA. These conditions are not mere formalities; they represent the state's commitment to ensuring that safety, accountability, and compliance are consistently embedded in the industry. FEM members are therefore both beneficiaries of protective policies and active participants in upholding the standards that safeguard life, health, and dignity on every construction site.
In essence, FEM's approach is more than administrative compliance. It is a political and policy commitment to ensuring that the construction industry in South Africa operates safely, responsibly, and in line with constitutional and legislative imperatives. By protecting members, enforcing compliance, and promoting accountability, FEM contributes directly to a safer, healthier, and more sustainable construction sector.
The National Department of Employment and Labour promulgated the first Construction Regulations in 2003, recognising that the existing General Safety Regulations and other legislative provisions were insufficient to address the specific health and safety challenges of the construction industry. Over the years, the industry has continued to evolve, driven by new technologies, modern construction methods, innovative designs, and a growing demand for infrastructure development across both the private and public sectors of South Africa.
Eleven years after the initial Construction Regulations, updated regulations were introduced, marking a significant milestone for the industry. These regulations drew on lessons from prior policies, and crucially, they held previously overlooked stakeholders and role-players accountable for their responsibilities in health and safety. From that moment, there was no room for blame-shifting—every participant in the construction value chain had to take responsibility.
Another eleven years later, in 2025, the Department published the Draft Construction Regulations to respond to technological advancements and to strengthen legislative oversight based on lessons learned from structural collapses and other serious incidents in the sector. These updates promote self-regulation while enhancing monitoring and evaluation of all construction activities. The ultimate goal is to reduce incidents and ensure that policy frameworks remain responsive to the dynamic nature of the construction industry.
Statistics South Africa reports that capital spending by state-owned enterprises and by all spheres of government continues to grow. While the private sector has lagged behind, encouragingly, private entities have announced investment plans worth R95 billion in 2024/2025. This includes an R18 billion mixed-use development in Gauteng, a R4 billion Volkswagen facility upgrade in the Eastern Cape, and the establishment of a new private university in the Western Cape.
Government, during the State of the Nation Address and subsequent debates, highlighted a number of infrastructure projects underway across the country. These include initiatives in water and sanitation, human settlements, renewable energy, recreation, heritage, and maritime infrastructure. Additional projects include road rehabilitation, refurbishing state-owned buildings to attract investment, and upgrading health facilities to improve service delivery.
Construction work begins with the client. Where the client lacks the required competency to meet legislative duties, they must appoint a competent person, such as a Construction Health and Safety Agent. The International Labour Organisation's construction health and safety manuals emphasise that those involved in design and planning must receive appropriate training in safety and health, and integrate these principles into all planning processes. Accordingly:
© 2019 - The South African Department of Employment & Labour
