DIY Painting Projects can be rewarding. However, they can also have drawbacks. Our article highlights the dangers of DIY Painting Projects and is meant to assist you in making informed decisions for success.
A. OUTSOURCING PAINTING PROJECTS TO CONTRACTORS
When administrators rely on information from various contractors for paint projects, I frequently get a similar response and concern. Trustees inform me that they find it difficult to evaluate prices because:
- The prices differ drastically.
- The specifications or scope of work are different.
- The contractor’s approach to maintenance is varied.
- Guarantees are unclear.
“How can we tell which proposal is the correct one? Is the cheapest quote the best route?”
Here is a preferred system to consider:
- Independent Building Audit Report.
- Specifications and negotiating of Manufacturer’s guarantees.
- Third-Party Tender process based on specifications (closed tender process).
- Appointment of contractor– Contract.
- Employing a Third Party Quality Assurror– Monitoring.
- Completion– Release of Third Party Certificates and Manufacturer’s Guarantees.
- Implementation of Life Cycle Costing and Maintenance Program.
We offer a Tender Facilitation service that you may find valuable when undergoing major maintenance projects.
B. DIY PAINTING PROJECTS
Tackling those DIY Painting Projects internally comes with its own set of challenges:
- Where can we get a reliable specification, scope of work and cost of the project?
- Where do we source our labour for the project?
- Which paint should we use?
- Who is going to monitor the work and manage the labour?
- What guarantee will we have?
However, proper assessment is crucial. Using a Common Property Maintenance Specialist will assist with both options. This will ensure that the building has been audited for the current condition, failures, requirements and ongoing maintenance. When administrators rely on information from various contractors for paint projects, I frequently get a similar response and concern. .
The Body Corporate and the Occupational Health and Safety Act, 1993
For DIY painting projects we must consider local and government regulations which will come into effect when trustees employ labour directly. Making use of a small informal paint contractor constitutes employment. The smaller contractor will not have all the required insurance and official requirements and the employer (Body Corporate) therefore becomes the responsible party.
Safety First
In general conversation, we find many have never heard of the Occupational Health and Safety Act. Or some are vaguely aware of it and there are those who think that it only applies to factories. Unfortunately the Dept of Manpower, for whatever reasons, is essentially reactive rather than proactive and so will arrive on the scene after an accident. Ignorance of the law is, of course, no excuse. So, if someone suffers an injury or can show that they were subject to exposure to a hazardous substance, they can come down heavily on the subject. Furthermore, if it can be shown that proper procedures have not been followed, the culprit will be sought. This can be followed by criminal proceedings with the TRUSTEES in the hot seat!
Employment and safety
It is suggested that anyone employing any person to carry out work should take a look at the act. This is available on the web at www.acts.co.za.
The definition of an employee from the Act.
“Employee- Subject to the provisions of subsection (2), any person who is employed by or works for an employer and who receives or is entitled to receive any remuneration or who works under the direction or supervision of an employer or any other person.”
“Employer- Subject to the provisions of subsection (2), any person who employs or provides work for any person and remunerates that person or expressly or tacitly undertakes to remunerate him, but excludes a labour broker as defined in section 1(1) of the Labour Relations Act, 1956 (Act No. 28 of 1956).”
What is required?
To see what is required, a quick look at sections 8 and 9 might give an idea of what ought to be covered.
First some definitions – note how broad they are:
Danger– Anything which may cause injury or damage to persons or property.
Hazard– A source of or exposure to danger.
There are two aspects to ensure safe procedures are followed by employees as well as anyone employed as a subcontractor. One of the basic concepts of the OHS Act is that responsibility cannot be delegated- authority- yes but not responsibility – no! So if anything goes wrong the employer must show that he was not negligent. The Act has been compiled with the knowledge of the reticence of employees to use PPE (Personal Protection Equipment) because it is uncomfortable and this has been catered for by making the employer responsible.
Dangers
So, if the gardener when using the weed-eater neglects to use the face shield with which he has been provided and injures his eye, then the employer can be held responsible. He is duty-bound not only to provide a face shield but also to ensure that it is used. It is not acceptable that the employer says that he gave him a piece of protective equipment he must also ensure that it is used.
Or if an employee falls off a ladder, and that ladder proves to be faulty – the blame lies with the employer, not the employee! All equipment must be inspected regularly.
Hazards
Another sword of Damocles lies in the use of hazardous chemical substances. By definition, a Hazardous Chemical Substance means any toxic, harmful, corrosive, irritant or asphyxiant substance or a mixture of such substances for which:
- An occupational exposure limit is prescribed; or
- An occupational exposure limit is not prescribed, but it creates a hazard to health.
The first item is covered by the Act itself and the second in SANS 10265.
This brings up the question – How do you know? The problem lies in the labelling rules for so far the responsible bodies (whoever they may be in this context) are concerned there is no legislation for general chemicals.
At the same time, employers are obliged to have on file information about any substances or preparations used by them.
So, when you buy chemical products for use by your staff in terms of the Act, you are obliged to ensure that they are used safely. Chemical products include such thins as paints, cleaning preparation and pool chemicals.
It may appear to be using a sledgehammer to kill a gnat at times but what is the safe route for all? The first thing is to acquaint yourself with the Act.
I gather some think passing the problem on to the sub-contractor but I don’t think that this gets around the problem. All subcontractors have to comply with the requirements.
If you need to know more, training workshops on safety and the proper way to use paint are available from the South African Paint Training Institute (SAPITI). You will find them on the web at www.sapma.org.za. 0r email info@sapma.org.za
We include a few Definitions and items from the act:
Chief executive officer
About a body corporate or an enterprise conducted by the State, means the person who is responsible for the overall management and control of the business of such body corporate or enterprise.
Danger
Anything which may cause injury or damage to persons or property.
Health and safety standards
Any standard, irrespective of whether or not it has the force of law, which, if applied for this Act, will in the opinion of the Minister promote the attainment of an object of this Act.
Incident
An incident as contemplated in section 24(1).
Occupational hygiene
The anticipation, recognition, evaluation and control of conditions arising in or from the workplace, which may cause illness or adverse health effects to persons.
Premises
Includes any building, vehicle, vessel, train or aircraft.
“Every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of his employees.”
“Every employer shall conduct his undertaking in such a manner as to ensure, as far as is reasonably practicable, that persons other than those in his employment who may be directly affected by his activities are not thereby exposed to hazards to their health or safety.”
Final word:
Know your responsibilities before employing labour in DIY painting projects. Or call Curasure – we would love to assist you.
Frederik Nel
Curasure
www.curasure.co.za