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Edgar Nikitin
Edgar Nikitin

PPA Act 2016 (Act 914) PDF: A Critical Review and Evaluation of the Public Procurement Legislation in Ghana

The opinion of the consultant interviewees shows complete ignorance of the existence of CHS related laws and regulations for use by Consultants. According to the National Building Regulation, 1996 (L.I. 1630) of Ghana [29], design of buildings is to meet the specifications provided therein. The Public Procurement Act, 2003 (Act 663) as amended by Public Procurement Amendment Act 2016 (Act 914) of Ghana [30] also provides regulations for the procurement of works, goods and services in Ghana. These are all laws and regulations that the consultants are obliged to comply with. The show of ignorance of the Consultants of existing laws and regulations on CHS for their compliance may be attributed to the lack of unified occupational health and safety (OHS) legislations for regulating the activities of the construction industry, in agreement with Kheni et al. [12].

ppa act 2016 (act 914 pdf) download

Local Government Official Interviewees indicated that the major existing CHS related laws and regulations they complied with are the Local Governance Act, 2016 (Act 936) and the bye-laws of the District Assemblies. LG2 stated that,

The Act 936 of 2016 has repealed the Local Government Act, 1993 (Act 462) with improved and enhanced provisions for effective decentralization in Ghana. The Act 462 was enacted to establish and regulate the local government system to foster economic growth and development at the local government level. This Act created the Districts and Assemblies to allow for governance at the lower levels. In ensuring health and safety in the construction industry, the Act imposes duties on District Planning Officers and other District Personnel to ensure a proper monitoring and enforcement of health and safety in all operations and at workplace. In fact, the Act further provides that District Planning Authority should make adequate provisions to control construction activities within the District. Moreover, they are required by the Act to make proper checks before issuing a building permit for construction.

The laws regulating the supply of goods In Ghana, according to the Public Procurement Act, 2003 (Act 663) as amended by Public Procurement Amendment Act 2016 (Act 914) of Ghana [30]; Sale of Goods Act, 1962 (Act 137) of Ghana [32] and Hire Purchase Act, 1974 (NRCD 292) of Ghana [33], supply of goods is to meet the provisions made within the laws. These laws establish the relationship between the seller (supplier) and the buyer (purchaser) or hirer. The laws, however, failed to deal with health and safety related issues among the duties of the supplier and purchaser. Suppliers and purchasers are obliged to ensure environmentally sustainable procurement of goods [30]. This duty when obliged shall protect the public from health and safety matters.

The study showed customary laws, bye laws, Labour Act, 2003 (Act 651), Local Governance Act, 2016 (Act 936) and the contract document as the key existing CHS related legislation and regulations that the stakeholders complied with. The stakeholders also identified the following regulations as having some relation with construction health and safety in the GCI but with low compliance rate: Factories, Shops and Offices Act, 1974 (Act 328), Environmental Protection Act, 1994 (Act 490), Fire Precaution (Premises) Regulation, 2003 (L.I. 1724) as Amended by Fire Precautions (Premises) Amendments Regulation, 2016 (L.I. 2249) and Electrical Wiring Regulation, 2011 (L.I. 2008). The study further revealed that not all laws and regulations related to CHS in Ghana are known to the stakeholders.


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