Offences and Penalties Stipulated
5.2 Rules of Conduct (Article 20 of Contractors Registration By-Laws, 1999)

Any contractor, who has been suspended or deleted from the register, shall return certificate of registration to the registrar within one month after being informed of deletion or suspension
Breach of the provisions in paragraph (1) constitutes an offence punishable by a fine equal to three times the registration fee in the class the contractor falls.
A contractor shall maintain at every construction site a register in which all accidents and causes therefrom are recorded and such accidents shall include all major and minor injuries sustained on construction site.
Non compliance of the provision of paragraph (3) shall be punishable by a fine of 0.1% of the contract sum or one hundred thousand shillings, whichever is higher
Any contractor carrying out works above the class limit without obtaining dispensation from the Board commits an offence punishable by a fine of 10% of the amount in excess of the class limit but not less than five hundred thousand shillings
A contractor is required to submit annual returns to the board on prescribed forms issued by the Board, and the forms shall be presented to the Board not later than 31st March of the following year and non substitution constitutes an offence punishable by a fine equal to 0.1% of the class limit or two years suspension.
Every site for construction, installation, renovation or alteration shall have a signboard which show the names and address of the project, client, consultants and the contractors of the project
Non-compliance of provisions of paragraph (7) constitutes an offence punishable by fine equal to 0.5% of the contract sum or two hundred thousand shillings, whichever is higher
 
All building construction sites shall be hoarded and fixed with building net or cantilever,and failure to do so constitutes an offence punishable by a fine equal to 0.5% of the contract sum or two hundred thousand shillings, whichever is higher..
 
Any person who obstructs any staff of the Board from performing his duty commits an offence punishable by a fine of two hundred thousand shillings
 
Every contractor shall provide every person on site with appropriate safety gear, and failure to do so shall constitutes an offence punishable by a fine of twenty thousand shillings per person
 
Every contractor shall ensure that there is fire fighting equipment and hygienic facilities on site, and failure to do so shall constitute an offence punishable by a fine of fifty thousand shillings
 
Any kind of negligence on site leading to poor work, breakage or default shall be considered as an offence, punishable by the contractor being downgraded to a class as shall be determined by the Board
Specified Offences

Number
Number of offence
Fine Payable
Rule 19 Failure to Register the Project/ Affixing sticker on signboard Tsh. 500,000/=
Rule 20(3)(4)
Failure to maintain an accident register at site
0.1% of contract sum or 100,000/=
Rule 20(5)
Undertaking works above your class limit without dispensation
10% of excess but not less than TShs 500,00/= whichever is higher
Rule 20(7)(8)
Failure to display signboard to the public
0.5% of contract sum or TShs 200,000/= whichever is higher
Rule 20(9)
Failure to provide Hoarding, Cantilever or building net at site
0.5% of contract sum or TShs 200,000/= whichever is higher
Rule 20(10)
Obstructing of staff of the Board on duty
TShs 200,000/= per occurrence
Rule 20(11)
Failure to provide appropriate safety gear
TShs 20,000/= per person
Rule 20(12)
Failure to provide fire fighting equipment and hygienic facilities
TShs 50,000/=


Compliance with the Act & its By-Laws

In regulating the conduct and activities of contractors, the Board carries out inspection of construction sites and offices of the contractors to check compliance with the Act and its by-laws. The purpose of this exercise is to protect the users of contractors services and the general public by ensuring that only competent and law abiding contractors are allowed to trade and carry on business as contractors.


An Overview of shortfalls noted between year 2009 and 2010

Sno
Shortfall
2009
Sites inspected 1765
2010
Sites Inspected 2111
%Change (Improvement)
Nos
%-age
Nos
%-age
1
No registered contractor
92
5.2
144
6.8
-1.6
2
No signboard at site
101
11.6
134
6.3
5.3
3
No safety gear to workers
205
5.7
220
10.4
-4.7
4
No Hoarding at site
21
1.2
22
1.0
0.2
5
No project sticker
300
17.0
453
21.5
-4.5
6
Working above class limits
46
2.6
52
2.5
0.1
7
No accident register at site
200
11.3
122
5.8
5.5
8
Obstruction of CRB staff
21
1.2
5
0.2
1.0
9
Abuse of business names
-
-
5
0.2
-0.2
Awareness Creation

To enhance regulatory activities, the enforcement Department prepares TV sensitization programs on safety and occupational Health Services in construction sites and use of registered contractors. The same is repeated on Radio programmes and newspapers.

Further, the Department conducts seminars and workshops to different stakeholders

 
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