Appointment of a safety controller and reporting to the Ministry of Labor: Division of responsibility between the client and the construction operator
Oct 29, 2026
By: Itzik Simon
Appointing the safety controller and reporting the appointment are two separate steps, allocated by the regulations to the party commissioning the work and the party responsible for the construction works. Where the appointment requirement applies, the party commissioning the work appoints the controller and provides their details to the party responsible for the construction works, who submits the online notification to the regional labor inspector.
This distinction also matters when replacing a controller: the party commissioning the work arranges the new appointment, while the party responsible for the construction works reports the replacement.
The person ordering the controller from her and providing her details
Regulation 1a(a) sets out conditions that the party commissioning the work must meet before authorizing the commencement of the construction work to which the regulation applies. One of these conditions, specified in Regulation 1a(a)(3), is:
“He has appointed a safety controller who meets the requirements of Regulation 2a(a) and has provided the controller’s details to the party responsible for the construction works for reporting under Regulation 6a.”
The regulation therefore requires the party commissioning the work to take two actions: appoint a controller who meets the qualification requirements, and provide the controller’s details to the party responsible for the construction works for reporting purposes. Providing the details does not replace the appointment, and the appointment does not replace the reporting requirement.
These provisions are subject to the scope of Regulation 1a and its stated exceptions. Regulation 1a(d) provides:“This regulation shall not apply if the construction work is of a type listed in Regulation 2(g), or is self-build construction.”
The construction operator must submit the online report.
Regulation 6A(a) expressly specifies who must submit the notification, how, and when:
“The party carrying out the construction shall immediately notify the Regional Labour Inspector of each of the matters listed below, using an online form completed and signed in accordance with the wording in the relevant part of the Second Schedule. Upon such notification, the Regional Labour Inspector shall issue an acknowledgement of submission, as applicable.”
Regulation 6A(a)(1) includes the following notification:
“Notification of the commencement of construction or civil engineering work as referred to in Section 192(a) of the Ordinance, and of the appointment of a safety controller, site foreman, or site manager, using Part A of the Second Schedule.”
Accordingly, the duty to notify the Regional Labour Inspector of the safety controller’s appointment rests with the party carrying out the construction. According to the Ministry of Labour’s service page, the notification is submitted by that party, with the approval of the client and the personnel appointed at the site.
Where the client is also the party carrying out the construction, they bear the duties arising from both roles.
How do I submit the report?
To notify the authorities of the commencement of construction work and the appointment of key personnel, the Ministry of Labour provides an online service titled “Notification of New Construction Work and Appointment of Site Personnel.”
The form in the Second Schedule to the regulations includes details of the client, the party carrying out the construction, the work location, and the appointed personnel. The safety controller’s details include identification and contact information, registration number, appointment date, and signature.
Submissions must comply with the current requirements on the service page and in the online system. Exchanging the safety controller’s details between the parties is not sufficient; the required notification must also be submitted to the authority.
Access the notification service for new construction work and appointment of site personnel
Saving the message in the general ledger and on the website
Completing the reporting process also requires keeping documentation accessible on site. Regulation 6a(b) provides:
“Copies of the notices referred to in subregulation (a) shall be kept in the general site register and be available at the construction site.”
In addition to this requirement, it is recommended that the party commissioning the work obtain from the party responsible for the construction works a copy of the notice and confirmation of its submission, and retain both in the project file. This is a recommendation for oversight and recordkeeping by the party commissioning the work; it does not alter the allocation of duties established by the regulations.
Regulation 1A(b) sets out the sequence of actions when the safety controller ceases to serve in that role:
“If the safety controller ceases to serve in that role, the client shall immediately notify the party carrying out the construction. Until a safety controller is appointed, the duties imposed on the safety controller under these regulations shall apply to the client. If the client appoints another safety controller, the party carrying out the construction shall report the replacement to the Regional Labour Inspector using the form specified in Regulation 6A. The safety controller may independently notify the authority of the termination of their appointment using the form specified in Regulation 6A.”
The provision establishes a clear allocation of responsibilities:
- The client immediately informs the party carrying out the construction that the safety controller has ceased to serve.
- The client arranges the appointment of a replacement.
- The party carrying out the construction reports the replacement to the Regional Labour Inspector.
- The safety controller may independently report the termination of their appointment.
Regulation 6A(a)(3) also expressly provides for:
“Notification of the replacement of a safety controller, site foreman, or site manager, using Part C of the Second Schedule.”
For the client, this involves more than updating a name in the system. The regulations impose the safety controller’s duties on the client until a safety controller is appointed. Continuity of the appointment and notification of any change must therefore be addressed without delay.
Reporting replacements and updating appointments at an existing construction site
Reporting the termination of an appointment by site personnel
Discontinuation of the controller's role and its replacement
The online notification to the Ministry of Labor regarding the appointment or replacement is separate from the inspection reports submitted by the safety controller as part of their duties.
The appointment notification records the identity of the person appointed and their appointment. The inspection reports document site inspections and findings, in accordance with the controller’s duties. Both sets of records must be maintained and must accurately reflect the appointment and the work carried out in practice.
Reporting on the appointment and ongoing control reports
It is recommended to establish in advance who coordinates the appointment documents on behalf of the party commissioning the work, who receives the details on behalf of the party responsible for the construction works, who handles the online submission, and how copies of the notification and submission confirmation are shared with the parties.
When a controller is replaced, the appointment documents, notification to the authority, site records and distribution lists for inspection reports should all be updated at the same time. These arrangements help prevent discrepancies between the person appointed, the person reported to the authority and the person actually performing the role on site.
Source: Safety at Work Regulations (Construction Work), 5748 (1988), as amended by the 5786 (2025) amendment; Regulations 1a and 6a and the Second Schedule.
Recommendation for an organized work mechanism in the project
Reconciliation between appointment documents and reporting
Before submitting the notification, it is recommended to check the correspondence between the appointment documents and the details that will be provided in the online report: the identity of the client and the construction contractor, the site identification, the inspector's details and the date of his appointment.
This review is particularly important in a group of companies, where the company holding the permit, the company contracting with the contractor and the entity managing the project are not necessarily the same entity. A common trade name is not sufficient to identify the relevant party, and a contact person handling several companies or sites may pass on a document belonging to another project. The review should ensure that the appointment and the report relate to the same person, the same site and the same entities, and that the copy kept in the project file is the version actually submitted.
Preparing the form, circulating it for signatures, submitting it and receiving confirmation of submission are separate steps. An internal update stating that the matter is “being handled” does not indicate which steps have been completed or what remains to be done.
A structured approach is to require the party responsible for the construction works to provide the designated contact for the party commissioning the work with the submitted notification, the confirmation received, and any requests for additional information or corrections issued following submission.
It is also important to read the confirmation according to its actual wording: confirmation that a notification has been submitted does not, in itself, confirm that all substantive obligations relating to the project have been fulfilled. This documentation enables project management to determine whether submission is complete, whether any requirements remain outstanding, and who is handling them.
Tracking submission completion
Transferring information to a replacement controller
Alongside the new appointment and notification of the replacement, it is advisable to arrange for the safety plan and its updates, previous inspection reports, and a list of outstanding findings to be handed over to the incoming safety controller.
Replacing a safety controller does not close an outstanding finding or indicate that corrective action has been completed. The new controller needs a clear picture of site conditions, the stage of construction, and matters requiring further examination. If the information cannot be obtained from the outgoing controller, it can be compiled from documents held by the client and the party carrying out the construction, with any gaps identified.
Contact details and distribution lists should also be updated to ensure that oversight reports reach those responsible for acting on them. These arrangements are recommendations for maintaining continuity of oversight and supplement the appointment and reporting duties imposed by the regulations.
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