Notice: The Annual General Meeting (AGM) will take place on Wednesday, 22nd of October 2025 at 19:00

RSVP before Thursday 16 October 2025 to Sulitha at info@mbaboland.org.za

A Fresh Way to Connect and Share

A Fresh Way to Connect and Share

Dear Members,

We are thrilled to share the second edition of our association’s newsletter with you.

Thank you all for the wonderful positive feedback on the first edition of our newsletter. Your encouraging words truly mean a lot to us and motivate our team to keep delivering valuable content. We’re excited to continue sharing with you and growing together. Please keep the feedback coming!

Remember that this your newsletter, and we warmly invite you to be a part of its creation. Have an article, photo, or story you’d like to share? Do you know of an upcoming event or a member’s achievement worth celebrating? We encourage you to submit articles, photos, or any content you believe would spark interest and foster engagement among fellow members.

Let’s work together to make this newsletter a true reflection of our dynamic and diverse association. We look forward to your contributions and to building something memorable together.

The Annual General Meeting (AGM) of the Association will take place on Wednesday, 22nd of October 2025 at 19:00,  at the offices of the Association. I encourage all members to attend the upcoming AGM of our Association to actively participate in key decisions shaping our future. Your presence is vital for sharing insights, voicing concerns, and collaborating on important developments that directly impact our profession and business environment. Together, we can strengthen our Association and drive positive change.
RSVP for AGM before Thursday 16 October 2025 to Sulitha at info@mbaboland.org.za 

Warm regards

Daniel Uys
Director : MBA

Health And Safety Related Matters

MBA Boland health and safety team: (f.l.t.r) Gihaino Carelse, Imeraan Anter, Nadia America, Sunil Moonsamy

FEM Awards

Nadia America and Loria from FEM at the
FEM Safetember awards

Gihaino Carelse, Nadia America, and Sunil Moonsamy
FEM Safetember awards

Best health and safety mentee was awarded to
Labeeqah Dramat

FEM Benifits

Construction Safety Newsletter

Article By: Imeraan Anter (Safety Officer, MBA Boland)

Dear Team

As we move into the last stretch of the year, the construction industry enters what we call the “Silly Season”, it’s that time between October and December when projects are pushed to the limit, deadlines tighten, and everyone is counting down the days to the holidays.

While the pressure is on, we must not forget, safety doesn’t take a holiday.

Why the Silly Season is Risky

  • Rushing & Deadlines: Everyone wants to finish before shutdown.
  • Fatigue: Working long hours with little or no rest.
  • Partying & Celebrations: Late nights, alcohol and distractions can wreck your concentration at work.
  • Absenteeism: Employees are more likely to take sick days and unplanned leave days, which puts extra pressure on those who shows up for work.
  • Working under the influence: This is probably one of the most dangerous risks that we face at this time of the year.

The Reality on Site

Every year during this period we see:

  • an increase in incidents and near misses,
  • employees showing up tired or not at all,
  • risky shortcuts taken just to get the job done, not just on the part of employees, but also Management decisions are made to just get the job done, and
  • poor concentration due to partying or hangovers.

How Can We Stay Safe

Everyone wants to clock out, get our bonuses and enjoy time off with our families. To make this happen, let’s nail down these five things staring today:

  1. Zero Tolerance: for drugs and alcohol on the job – no excuses for employees and management.
  2. PPE Every Single Time: No shortcuts put it on or use it.
  3. Plan Ahead: Don’t leave the critical task to the last hour.
  4. Know Your Limit: Fatigue is just as bad as being under the influence take breaks.
  5. Watch Each Other’s Back: This is what we call in construction: “The Buddy System” – if you see someone who looks unfit to work or who is doing something risky, speak up immediately, it’s not about name shaming, it’s about getting them home safe.

    Message To our Members

“We at the MBA Boland want to remind all our members and their staff that safety is not seasonal, it’s a commitment. Let’s finish the year strong and ensure that everyone gets home safely!”

MBA Boland Q3-2025 Health & Safety Snapshot

  • 98 % of the 81 active sites we serve are FEM-policy holders.
  • 233 site visits and 53 training courses (538 attendees) delivered Jul-Sep.
  • 59 new legally-compliant H&S files compiled (+47 vs Q3-2024).
  • Only 1 minor incident investigated this quarter; zero fatalities across all members.
  • 338 medical fitness checks arranged, 334 for FEM clients.
  • 14 SMMEs coached under our mentorship drive; one mentee won FEM’s “Most Improved” award.
  • Evergreen project at Val de Vie now has a full-time MBA safety officer—first of several large estates requesting dedicated on-site cover.
  • 61 companies referred to FEM this year; 7 already switched policies.
  • Biggest hurdle: construction boom outpaces staff capacity; internship programme underway to add a junior officer.
FEM Benifits

Labour related matters

THE IMPORTANCE OF SOUND LABOUR RELATIONS: FOLLOWING THE PROPER PROCEDURES WHEN DEALING WITH EMPLOYEE MISCONDUCT.

Small Employers Urged to Strengthen Labour Relations with clear contracts, sound policies and proper procedures when dealing with labour related matters.

For small employers, maintaining sound labour relations is essential for a productive and stable workplace. Clear contracts of employment provide a foundation of mutual understanding regarding job roles, rights, and responsibilities. Without these written agreements, misunderstandings can easily lead to conflicts.

Additionally, having well-defined workplace policies ensures that employees know what is expected of them and what standards of conduct apply.

When dealing with employee misconduct, following correct procedures is crucial; it helps protect both the employer and employee by ensuring fair treatment and compliance with labour laws.

Small employers who invest time in establishing clear contracts and policies, and who handle disciplinary matters consistently and lawfully, can minimize disputes and foster a positive work environment that supports business growth.

The new, unified “Code of Good Practice: Dismissal” was released in September 2025 and replaces the previous separate codes for misconduct, incapacity, and operational requirements under Schedule 8 of the Labour Relations Act (LRA). This consolidated Code provides a modern framework for handling dismissals, offering more structure, purpose clarity, and specific provisions for small businesses, while also detailing guidelines for probation, performance management, and severance pay.  

The new Code of Good Practice can be viewed by following the link below:

https://www.gov.za/sites/default/files/gcis_document/202509/53294gen3470.pdf

For more information on these changes refer to the article written by Werksmans Attorneys director, Anastasia Vatalidis, and Associate, Anna Tchalov, and published in the Daily Investor on 28th September 2025. The full article can be viewed under the section “News Articles Published” in this newsletter.

The MBA Boland will be presenting a three-hour work session for owners of small businesses and their administrative staff entitled:

“Labour Legislation, Company Policies & Disciplinary Procedures: A Practical Introduction for Small Business Owners and their Admin Staff”

This work session is designed to be an introduction to the topic, providing participants with foundational concepts, key ideas, and a general framework for understanding and applying the relevant labour legislation and procedures to correctly deal with disciplinary matters.

A brief overview of the content covered in the work session is as follows:

  • Introduction
  • Overview of South African Labour Legislation
  • The Need for an Employment Contract and Company Policies
  • Disciplinary Processes and Procedures
  • The informal and Counselling Processes
  • Formal Disciplinary Process
  • Role Players at a Disciplinary Hearing
  • How to Conduct a Disciplinary Interview or Hearing
  • Issuing of Warnings
  • Other relevant aspects to bear in mind
  • Conclusion

For the dates of this training, refer to the section “Upcoming Events” in this Newsletter.

Legal matters

Article submitted by: Theunis Van Zyl

ARBITRATOR, ADJUDICATOR, MEDIATOR AND CONSTRUCTION CLAIMS CONSULTANT PR TECH ENG, PR CM, PR CPM, FSAICE, A A Arb, NECReg

CONSTRUCTION DEFECTS

Disputes arising on modern day construction projects typically involve extraordinarily complex factual scenarios, technical issues and legal issues. Were the ancients concerned with how to resolve problems involving construction? The principles of law pertaining to the built environment can be traced back several thousand years.

The earliest known principles of construction law can be found in the Code of Hammurabi. Hammurabi was the sixth king of Babylon and ruled from 1792 BC to 1750 BC. The Code of Hammurabi contained 282 laws inscribed on twelve stone tablets which were placed in public view.

Hammurabi’s Code established the concept of civil damages, whereby one must pay compensation for defective work – a concept that has survived to this day. The code clearly recognized a responsibility of works risk, care of the works, the site and to work with skill care and diligence. One of the first building codes were “published” in Deuteronomy 22:8

When you build a new house, make a parapet around your roof so that you may not bring the guilt of bloodshed on your house if someone falls from the roof.

The concept of parapets and handrails survived until today, and fortunately the extremely harsh remedies in terms of code 229 to 231 set out in Hammurabi’s Code has disappeared.

Clause 7.2.1 of the GCC 2015 provides as follows:

All Plant to be supplied shall be manufactured, all workmanship shall be carried out and all materials shall be of the respective kinds specified in the Contract and shall comply with the requirements set in the Scope of Work and in the Employer’s Agent’s instructions. Failing requirements or instructions, the Plant, workmanship and materials of the respective kinds shall be suitable for the purpose intended.

In other words, if the Plant, workmanship or materials do not comply with the provisions of Clause 7.2.1, it is considered defective.

Clause 11.2(5) of the NEC 3 (Option B) Definitions provides that a Defect is:

A part of the works which is not in accordance with the Works Information*

Or

A part of the works designed by the Contractor which is not in accordance with the applicable law or the Contractor’s design which the Project Manager has accepted.

* The Works Information specifies and describes the works and this document should therefore provide all drawings and specifications to be complied with. “Works Information” was changed to “Scope” in the NEC4.

Clause 1.1 of the JBCC Definitions provides as follows:

Any aspect of the materials and workmanship forming part of the works that does not conform to the agreement and/or construction information.

In other words, if the workmanship or materials do not comply with the documentation (the contract, drawings, specifications, and the like) that constitutes the agreement, it is considered defective.

To allege and prove a defect, the drafter and compiler of the tender and subsequent contract documents must ensure that all matters relating to materials and workmanship are clearly specified as well as the criterion to measure compliance (or not). In the absence of clear specifications or drawings, a contractor may rely on “acceptable industry standards” which may not be sufficient or acceptable to the Employer under the Contract.

Current affairs in the construction environment

Submitted by: Danie Hattingh, Principle officer BIBC pension fund

UPDATE ON THE BIBC COLLECTIVE AGREEMENT AND THE WAGE INCREASES EFFECTIVE 1ST NOVEMBER 2025

  1. New Collective Agreement

By now you will be aware that the current BIBC Collective Agreement expires on the 30th of October 2025 and will be replaced with a new Collective Agreement which has been approved and extended to non-parties by the Minister of Employment and Labour in terms of Government Gazette No. 53145 dated 12th of August 2025.

To view the contents of the relevant Government Gazettes, follow the links below:

  • New Collective Agreement 1st November 2025 – 30th October 2028

Main_Collective_Agreement_2025__2028.pdf

  • Extension of the Collective Agreement to non-parties

Extension_to_Non-parties_November_2025_-_53179.pdf

  1. Annual BIBC Wage Increases

The annual BIBC wage increases take effect on the 1st of November each year. The BIBC has already circulated the new wage schedules that will be applicable for the coming year.

To view the contents of the new wage schedule, follow the links below:

BIBC Wage Schedule November 2025_Final 13082025.xlsx

The MBA Boland will be circulating a simpler version of this wage schedule, which is applicable only to our membership, to all members within the next week. Please look for this e-mail and save the new wage schedule onto your computer.

Avoid the Pitfalls: What to Ask Before You Sign with a Builder

Renovating or building a home comes with high stakes – and choosing the right contractor can make or break the project. Drawing on decades of experience in the building sector, the Building Industry Bargaining Council (BIBC) offers practical guidance to help homeowners avoid common pitfalls and ensure responsible, compliant work on their properties.

“Even if a builder is available and eager to start, it’s worth pressing pause to check their qualifications, compliance, and insurance,” says Danie Hattingh, spokesperson for business at the BIBC. Rushing into an agreement without proper vetting can expose homeowners to unnecessary legal and financial risks. “A giver of work often doesn’t realise they play a role in upholding industry standards,” says Hattingh. “By asking the right questions and checking credentials, you’re not just protecting yourself — you’re supporting ethical work practices across the sector.”

  1. Check Their Credentials

Always ask for documentation proving that the contractor is:

  • Registered with relevant bodies like the National Home Builders Registration Council (NHBRC), the BIBC and any other relevant trade associations
  • Compliant with labour, tax, and occupational safety regulations

Builders who aren’t compliant may also be failing to treat workers fairly, use proper materials, or follow safety protocols – all of which can impact the outcome of your project.

  1. Ask About Experience and Past Work

Make sure the builder has experience with the type of work you’re commissioning. Ask to see photos of past projects or speak directly to previous clients to gauge the quality of their workmanship and professionalism.

  1. Request a Written Contract

Avoid handshake deals. A clear, written agreement should outline:

  • The project scope
  • Milestones and timelines
  • Payment schedules
  • Dispute resolution procedures
  • Any warranties or guarantees offered

This helps ensure expectations are aligned and provides a point of reference if issues arise.

  1. Verify Insurance Coverage

Insurance is critical. Ask for certificates showing the contractor is covered for:

  • Public liability (in case of property damage or injury)
  • Employer’s liability (to protect workers on-site)
  • Professional indemnity (covers financial consequences of third-party claims)

Without proper coverage, you could end up bearing the cost of accidents or delays.

  1. Clarify Work Hours and Site Conduct

The BIBC Collective Agreement regulates working hours, overtime, and year-end shutdowns. Builders must apply for exemptions if they intend to work outside these guidelines. Ensure the builder adheres to local bylaws around noise, traffic, and safety and ask how they plan to keep the site secure and safe, especially if you’ll remain in the home during the project.

  1. Know Who’s on the Job

If subcontractors will be used, find out who they are and whether they are properly qualified and insured. It’s also worth asking whether they’ve worked with the main contractor before and how that relationship is managed.

  1. Be Cautious of Unusually Low Quotes

A very low price may seem tempting, but it often signals that something has been left out – whether it’s quality materials, fair wages, or proper insurance. As Hattingh notes, “If someone is competing on price alone, it’s a good idea to dig deeper. Low quotes can hide shortcuts that cost more in the long run.”

      8. Ask the Right Questions

In addition to checking credentials, consider asking:

  • Do you provide itemised cost breakdowns?
  • Are there warranties on materials and workmanship?
  • What are your health and safety protocols?
  • When can the work start and finish?

A contractor’s willingness to answer these questions clearly and confidently is often a sign of professionalism.

Hiring a builder doesn’t have to be risky, but it does require due diligence. By asking the right questions, checking documentation, and trusting your instincts, you can protect your home, your budget, and the people working on your property. Being an informed client and giver of work isn’t just good for your build – it helps contribute to a more ethical and sustainable construction industry overall.

While not tasked with monitoring individual building projects, the BIBC’s experience in the industry has provided insight into the common risks and pitfalls that can arise and how to avoid them. We’re not here to police your project,” says Hattingh. “Our goal is to share insights that help everyone – from homeowners to contractors – to build responsibly and protect what matters most.”

News articles published

Training and development

Article submitted by: Markus Nortier

Linkedin

Why you must tie your scaffold into the structure, and what happens when you don’t

Scaffolding is temporary, but the consequences of getting it wrong are permanent. One of the simplest, most effective controls for scaffold stability is the scaffold tie, the connection that anchors the scaffold to the building or structure. When ties are missing, incorrect or inadequate, scaffolds can sway, buckle or collapse under loads or wind. The result: serious injury, death, massive project delays and heavy legal penalties. Recent incidents worldwide, and locally, show this over and over.

The problem in a single sentence

A scaffold that isn’t properly tied into the supporting structure is a potentially unstable tower. Without adequate ties (or alternative bracing), lateral forces, wind, materials, workers, can cause overturning or progressive collapse. This is not theoretical; investigations repeatedly list inadequate ties or ties that have been removed/compromised as a primary cause.

South African rules and standards you need to know

  • SANS 10085 (Scaffolding) gives detailed requirements for design, erection, bracing and tie-in of steel access scaffolding, it’s the national technical standard that underpins safe practice in SA. The updated guidance explicitly emphasises regular tie-in points and bracing for scaffold stability.

  • The Occupational Health & Safety Act and Construction Regulations require that scaffolds be erected, used and inspected by competent persons, and that they be safe for the work they are intended to support. National guidance links these legal duties to SANS practices.

(If you don’t have the full SANS copy on site, get access, it contains the exact tie spacing, coupler types and inspection criteria you must follow. Summary guidance is available from reputable SA scaffolding bodies.)

Real incidents that underline the risk

Practical why, a quick engineering view

  • Ties transfer lateral forces from the scaffold into the permanent structure. Without them the scaffold behaves like a tall, slender column with a high overturning moment.

  • Wind loads, eccentric work loads (materials at one side), or dynamic loads (workers moving) create lateral forces that ties resist. Remove the ties and the safety factor vanishes.

Clear, site-usable rules (forward-thinking and practical)

Use the standards and these plain rules on every site:

  1. Never leave a scaffold freestanding above the permitted tie-free height. In South Africa the common industry guidance and SANS 10085 interpretation limits freestanding scaffolds to low heights, beyond that, tie-ins or engineered outriggers/anchoring are mandatory. Always check SANS 10085 for your scaffold type.

  2. Plan tie locations before erection. Tie spacing (vertical and horizontal) must be specified in the scaffold plan based on height, bay width, system type and expected loads. Random or ad-hoc tying is not acceptable.

  3. Use the correct couplers and fixtures. SANS specifies double couplers for ties in most situations; do not substitute with inadequate fittings.

  4. Check the building anchorage. A tie is only as good as what you anchor into, confirm the structural element, avoid coring into inadequate material, and never rely on temporary clamping to brittle finishes.

  5. Recommended visually Inspect ties daily and after any event. Include ties in your scaffold inspection tag and checklist. If ties are removed for access or works, replace them immediately or provide an engineered temporary restraint.

  6. Document changes. If scaffold configuration or loads change (material stacks, hoists, screens), update the tie plan and get a competent person to re-verify. Documentation can save lives and legal headaches.

A short site checklist (copy this and stick it on the toolbox board)

  • Tie plan present and signed by a competent person.

  • Tie spacing complies with SANS 10085 / scaffold supplier sheet.

  • Couplers, ties and fixings inspected and tagged.

  • Anchors into sound structure; no ties relying on finishes.

  • Any change to scaffold configuration recorded and approved.

  • Competent scaffold supervisor on site during erection/dismantling.

Common mistakes that lead to failure

  • Removing ties to allow material access and forgetting to replace them.

  • Using the wrong coupler type or inadequate anchor point.

  • Assuming a scaffold is ‘light duty’ and skipping ties.

  • No written plan / relying on memory.

     All of the above are common contributing factors in collapses reported by authorities and investigators.

What supervisors and safety officers must do (a forward-thinking approach)

  • Change the mindset: treat ties as non-negotiable, just like guardrails.

  • Use technology: take photos of every tie row and store them with the scaffold handover pack.

  • Train and verify competence: ensure erectors and inspectors understand tie spacing, coupler selection and anchorage checks. Competence reduces human error.

Closing, the cost of getting it wrong

A missing or failed scaffold tie can cost lives, reputations and millions in fines and damages. Following SANS 10085, using competent personnel, documenting tie plans and doing daily visual inspections are simple, affordable controls that prevent catastrophic outcomes. Recent incidents both locally in Durban and internationally, underline that this is not theoretical; it’s a frontline safety issue we must fix now.

Upcoming events

Training dates:

Work Session Name

Labour Legislation, Company Policies & Disciplinary Procedures: A Practical Introduction for Small Business Owners and their Admin Staff

Purpose

This work session is designed to be an introduction to the topic, providing participants with foundational concepts, key ideas, and a general framework for understanding and applying the relevant labour legislation and procedures to correctly deal with disciplinary matters.

Dates

Wednesday 2025/11/19
09:00 – 12:30
(max 10 delegates  – Lang: English)

Thursday 2025/11/20
13:00 – 16:30               
(max 10 delegates  – Lang: English)

If delegates have questions that they need to be covered in the session, they must please email their questions to info@mbaboland.org.za at least 3 days before the session commences.

  • 18 October 2025 - Working At Heights Training

Indicators

  • Petrol Price 01 October 2025 - R20.80 per litre
  • Diesel 50ppm Price 01 October 2025 - R18.63 per litre