S.I. No. 481/2001 - Safety, Health and Welfare At Work (Construction) Regulations, 2001

ARRANGEMENT OF REGULATIONS
Regulation
Interpretation and General	1-2
Design and Management	3-8
General Duties of Contractors and Others Safety of Workplaces	9-14
Safety of Workplaces	15-20
Excavations, Shafts, Earthworks, Underground Works and Tunnels	21-26
Cofferdams and Caissons	27-30
Compressed Air	31-34
Explosives	35
Dangerous or Unhealthy Atmospheres	36-38
Work on or Adjacent to Water	39-40
Transport, Earthmoving and Materials Handling Machinery, and Locomotives	41-46
Demolition	47-50
Working at Heights	51-79
Lifting Appliances	80-104
Chains, Ropes and Lifting Gear	105-113
Special Provisions as to Hoists	114-118
Carriage of Persons and Secureness of Loads	119-123
Miscellaneous	124-128
Application of Regulations	129

SAFETY, HEALTH AND WELFARE AT WORK (CONSTRUCTION) REGULATIONS, 2001

INDEX

PART 1

Interpretation and General

1.

2.

PART 2

Design and Management

3.

4.

5.

6.

7.

8.

PART 3

General Duties of Contractors and Others

9.

10.

11.

12.

13.

14.

PART 4

Safety of Workplaces

15.

16.

17.

18.

19.

20.

PART 5

Excavations, Shafts, Earthworks, Underground Works and Tunnels

21.

22.

23.

24.

25.

26.

PART 6

Cofferdams and Caissons

27.

28.

29.

30.

PART 7

Compressed Air

31.

32.

33.

34.

PART 8

Explosives

35.

PART 9

Dangerous or Unhealthy Atmospheres

36.

37.

38.

PART 10

Work on or Adjacent to Water

39.

40.

PART 11

Transport, Earthmoving and Materials Handling Machinery, and Locomotives

41.

42.

43.

44.

45.

46.

PART 12

Demolition

47.

48.

49.

50.

PART 13

Working at Heights

51.

52.

53.

54.

55.

56.

57.

58.

59.

60.

61.

62.

63.

64.

65.

66.

67.

68.

69.

70.

71.

72.

73.

74.

75.

76.

77.

78.

79.

PART 14

Lifting Appliances

80.

81.

82.

83.

84.

85.

86.

87.

88.

89.

90.

91.

92.

93.

94.

95.

96.

97.

98.

99.

100.

101.

102.

103.

104.

PART 15

Chains, Ropes and Lifting Gear

105.

106.

107.

108.

109.

110.

111.

112.

113.

PART 16

Special Provisions as to Hoists

114.

115.

116.

117.

118.

PART 17

Carriage of Persons and Secureness of Loads

119.

120.

121.

122.

123.

PART 18

Miscellaneous

124.

125.

126.

127.

128.

PART 19

Application of Regulations

129.

SCHEDULES

First Schedule	Particulars to be notified to the Authority before construction begins.
Second Schedule	Non-exhaustive list of work involving particular risks to the safety and health of persons at work.
Third Schedule	Requirements to be applied as regards the general principles of prevention.
Fourth Schedule	Minimum health and safety requirements for construction sites.
Fifth Schedule	Minimum requirements for on-site indoor workstations.
Sixth Schedule	Minimum requirements for work in compressed air.
Seventh Schedule	Minimum requirements for an excavator or loader used as a crane.
Eighth Schedule	FÁS Safe Pass Programme
Ninth Schedule	FÁS Construction Skills Certification.
Tenth Schedule	Procedure for selection of Safety representatives.

I, TOM KITT, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 28 of the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989), in relation to the matters set out in paragraphs 1 to 6, 8, 9, 11 to 15, 19 to 30, 32, 33, 35 and 36 of the Fourth Schedule of that Act, and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 ( S.I. No. 18 of 1993 ), and the Enterprise and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1995 ( S.I. No. 43 of 1995 ) and after consultation with the National Authority for Occupational Safety and Health, and for the purpose of giving further effect to Council Directive 92/57/EEC¹ , hereby make the following regulations:

PART 1 INTERPRETATION AND GENERAL

Citation and Commencement

• (2) Except as specified in paragraph (3), these Regulations shall come into operation on the 1st day of January 2002.

• (3)
• (a) In the case of persons employed in construction work for the first time, the provisions of Regulations 6(5) and 9(3) shall apply from the 1st day of January 2002.

• (b) Where construction work on a construction site commences on or after the 1st day of May 2002, Regulations 6(5) and 9(3) shall apply from that date for all workers employed in construction work on that site.

• (c) In respect of “scaffolding - basic”, designated in paragraph 1 of the Ninth Schedule, Regulations 6(6) and 9(4) shall come into operation on the 1st day of January 2002.

• (d) In respect of “scaffolding-advanced”, “tower crane operation”, “slinging/signalling” and “telescopic handler operation” designated in paragraph 1 of the Ninth Schedule, Regulations 6(6) and 9(4) shall come into operation on the 1st day of July 2002.

• (e) In all other cases, Regulations 6(5), 6(6), 9(3) and 9(4) shall come into operation on the 1st day of June 2003.

“the Act” means the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989);

“approved programme,” means a programme with a syllabus and trainers approved by FAS or a course approved by a body in another jurisdiction recognised by FAS as equivalent;

“approved trainer” means a person or organisation approved by FAS for the purpose of delivering an approved programme;

“the Authority” means the National Authority for Occupational Safety and Health;

“construction site” means any site at which construction work in relation to a project is carried out;

“construction stage” means the period of time starting when preparation of the construction site begins, including the design of temporary works to facilitate the construction of the project, and ending when construction work on the project is completed;

“construction work” means the carrying out of any building, civil engineering or engineering construction work and includes any of the following -

• (a) the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure or the use of substances or preparations classified as corrosive or toxic for the purposes of Regulation 8 of the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations, 1994 and Regulation 5 of the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Preparations) Regulations, 1995), decommissioning, demolition or dismantling of a structure,

• (b) the preparation for an intended structure, including site clearance, exploration, investigation (but not site survey) and excavation, and laying or installing the foundations of an intended structure,

• (c) the assembly of prefabricated elements to form a structure, or the disassembly of prefabricated elements which, immediately before such disassembly, formed a structure,

• (d) the removal of a structure or part of a structure or of any product or waste resulting from demolition or dismantling of a structure or disassembly of prefabricated elements which, immediately before such disassembly, formed a structure,

• (e) the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunication systems, computer systems, or similar services which are normally fixed within or to a structure, but does not include drilling and extraction in the extractive industries;

“client” means any person, engaged in trade, business or other undertaking, who commissions or procures the carrying out of a project or who undertakes a project directly for the purpose of such trade, business or undertaking

“contractor” means a contractor or an employer whose employees undertake, carry out or manage construction work, or any person who carries out or manages construction work for a fixed or other sum and who supplies the materials and labour (whether his own labour or that of another) to carry out such work or supplies the labour only;

“design” means the preparation of drawings, particulars, specifications, calculations, bills of quantities in so far as they contain specifications or other expressions of purpose, according to which a project, or any part or component of a project, is to be executed;

“design stage” means the period of time during which the design of a project is prepared but does not include the design of temporary works by the contractor to facilitate construction of the project;

“developed health and safety plan” means the health and safety plan developed in accordance with Regulation 6(1);

“FAS” means An Foras Aiseanna Saothair;

“hoist” means a lifting machine, whether worked by mechanical power or not, with a carriage, platform or cage, the movement of which is restricted by a guide or guides, but does not include a lifting appliance used for the movement of trucks or wagons on a line of rails;

“inspector” has the meaning assigned to it by the Act;

“ladder” does not include a folding step-ladder;

“lifting appliance” means any stationary or mobile appliance used for raising or lowering persons or loads, including:-

• (a) a crane, crab, winch, pulley block, gin wheel, hoist, mobile elevating work platform, sheer legs, excavator, dragline, piling frame, aerial cableway, aerial ropeway or overhead runways,

• (b) a vehicle which can be used to transport goods and which is fitted with forks or any other attachment for stacking, loading or unloading goods;

“lifting gear” means any gear or cable by means of which a load can be attached to a lifting appliance but which does not form an integral part of the appliance or load, and includes a chain sling, rope sling or similar gear and a ring, link, hook, plate, clamp, shackle, swivel or eye-bolt;

“locomotive” means any self-propelled wheeled vehicle used on a line of rails for the movement of trucks or wagons;

“man-lock” means any air lock or decompression chamber used for the compression or decompression of persons, but does not include an air lock which is only so used in emergency or a medical lock used solely for treatment purposes;

“mobile crane” means a crane capable of travelling under its own power, but does not include such a crane, which travels on a line of rails;

“the Principal Regulations” means the Safety, Health and Welfare at Work (General Application) Regulations, 1993 ( S.I. No. 44 of 1993 );

“project” means any development, which includes or is intended to include construction work;

“project supervisor,” means a competent person or organisation appointed under Regulation 3(1) and responsible for carrying out the appropriate duties specified in these Regulations;

“raising or lowering or as a means of suspension” in Regulation 105, 106, 107, 110 or 111 means raising or lowering or as a means of suspension either of a load on a lifting appliance or lifting gear or a scaffold but does not include the use of a rope or chain solely as a means of lashing or securing together two or more rigid members of a scaffold to form a frame or as a means of making a lapped joint or the use of a rope or chain solely for the movement of a load in a horizontal direction;

“safe working load” means either the relevant safe working load required to be specified in the latest certificate of test obtained for the purposes of Regulation 97, 105, 106, 118 or 123 or, where no such certificate is required, the relevant safe working load required to be marked or exhibited on the lifting appliance, lifting gear, chain, rope or other article of plant or equipment by Regulation 98 or 105;

“scaffold” means any temporary structure whether fixed, suspended or mobile, (and its supporting components) which is used for supporting workers and materials or to gain access to any such structure and includes any working platform, working stage, gangway, run, ladder or step-ladder (other than independent ladder or step-ladder which does not form part of such a structure) together with any guard-rail, toe-board or other safeguards and all fixings, but does not include a lifting appliance or a structure only used to support such an appliance or to support other plant or equipment;

“sloping roof” has the meaning assigned to it by Regulation 77 of these Regulations;

“slung scaffold” means a scaffold suspended by means of lifting gear, ropes or chains or rigid members and not provided with means of raising or lowering by a lifting appliance or similar device;

“structure” means -

• (a) any building, railway line or siding, tramway line, dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipe-line (whatever it contains or is intended to contain) underground or overground cables, aqueduct, sewer, sewage works, gasholder, road, airfield, sea defence works, river works, drainage works, earthworks, lagoon, dam, wall, caisson, mast, tower, pylon, underground tank, earth retaining structure, or structure designed to preserve or alter any natural feature, and any other structure similar to the foregoing,

• (b) any formwork, falsework, scaffold or other structure designed or used to provide support or means of access during construction work, or

• (c) any fixed plant in respect of work which is installation, commissioning, de-commissioning or dismantling and where any such work involves a risk of falling more than 2.00 metres;

“suspended scaffold” means a scaffold (not being a slung scaffold) suspended by means of ropes or chains and capable of being raised or lowered but does not include a boatswain's chair or similar appliance;

“trestle scaffold” includes a scaffold in which the supports for the platforms are any of the following which are self-supporting, namely split heads, folding step-ladders, tripods or movable contrivances similar to any of the foregoing;

“plant or equipment” means any gear, machine, rig, apparatus or appliance, or any part of any plant or equipment;

“working platform” includes a working stage.

• (2) In these Regulations a reference to a paragraph is to a paragraph in the Regulation in which the reference occurs, unless it is indicated that reference to some other Regulation is intended, and a reference to a Regulation or a Schedule is to a Regulation of, or a Schedule to, these Regulations, unless it is indicated that reference to some other Regulation or Schedule is intended.

• (3) The provisions of Regulations 2, 4 and Part II of the Principal Regulations shall apply in full to the application of the provisions of these Regulations.

PART 2 DESIGN AND MANAGEMENT

General Duties of Client

• (2) Nothing in paragraph (1) shall:

• (a) prevent the client appointing himself or herself as project supervisor if competent to undertake the duties involved,

• (b) prevent the client appointing one person as project supervisor for both the design and construction stages if that person is competent to undertake the duties involved.

• (3) The appointments mentioned in paragraph (1) shall be made at the appropriate time and shall be terminated, changed or renewed as necessary.

• (4) It shall be the duty of every client to keep available any safety file referred to in Regulation 6(2)(a) and any information delivered to the client in relation to the file for inspection by any person who may need information in the file for the purpose of compliance by that person with any duties imposed under the relevant statutory provisions.

• (5) It shall be sufficient compliance with paragraph (5) by a client who disposes of his or her interest in the property involved in the project if he or she delivers the safety file for that property to the person who acquires such interest in that property and such person shall keep available such safety file in accordance with paragraph (4).

• (a) take account during the design of a project and when estimating the period of time required for completion of a project, and where appropriate for stages of a project, of the general principals of prevention specified in the First Schedule of the Principal Regulations and of any safety and health plan or safety file prepared in accordance with these Regulations, and to co-ordinate in these respects the activities of other persons engaged in work related to design of the project;

• (b) subject to paragraph (2) prepare on a preliminary basis and for the purpose of providing information for the project supervisor appointed for the construction stage, the safety and health plan referred to in Regulation 6(1) specifying, in writing -

• (i) a general description of the project and of the time within which it is intended that the project will be completed,

• (ii) appropriate information on any other work activities taking place on the site, and

• (iii) where appropriate work related to the project which will involve particular risks to the safety and health of persons at work as referred to in the Second Schedule,

• (c) provide the project supervisor for the construction stage with any necessary information available to the project supervisor for the design stage which needs to be included in the safety file referred to in Regulation 6(2)(a).

• (2) Where notification of the construction site is not required under Regulation 8, a safety and health plan shall be required only for such sites where the work concerned involves a particular risk, including any of those specified in the Second Schedule.

• (3) The project supervisor for the design stage may appoint a competent person as health and safety co-ordinator for the design to undertake on behalf of the project supervisor the duties specified in paragraph (1).

Duties of Designers

• (2) In any case in which a person is engaged in work related to the design of a project, save where such a person is appointed under Regulation 3(1) as project supervisor for the design stage, it shall be the duty of that person to -

• (a) co-operate with the project supervisor appointed for the design stage or the project supervisor for the construction stage, as appropriate, to enable that project supervisor to comply with these Regulations,

• (b) promptly provide the project supervisor appointed for the design stage or the project supervisor for the construction stage, as appropriate, with such information as is known to that person regarding particular risks to the safety and health of persons at work as referred to in the Second Schedule which may be associated with the project, and also with such information regarding the nature and scope of the project to the extent necessary to enable the project supervisor to comply with these Regulations, and

• (c) take into account any directions from the project supervisor appointed for the design stage or the project supervisor appointed for the construction stage, as appropriate.

Duties of project supervisor for the construction stage.

• (2) It shall be the duty of the project supervisor appointed for the construction stage where more than one contractor is engaged in the project to -

• (a) prepare a safety file appropriate to the characteristics of the project containing relevant health and safety information to be taken into account during any subsequent construction work following completion of the project and make any adjustments to the safety file where required to take account of the progress of the work and any changes which have occurred and, on completion of the project, deliver the safety file to the client,

• (b) co-ordinate the implementation of the general principles of prevention specified in the First Schedule of the Principal Regulations when -

• (i) technical or organisational aspects are being decided,

• (ii) estimating the period required for completing such work or work stages,

• (c) co-ordinate the implementation of any relevant requirements of these Regulations in order that the contractors, as regards the general principles of prevention specified in the First Schedule of the Principal Regulations, apply in a consistent manner the requirements set out in the Third Schedule,

• (d) follow the provisions of the safety and health plan where required,

• (e) (i) organise co-operation between contractors (including successive contractors on the same site) and co-ordination of their activities in relation to a project with a view to protecting persons at work and preventing accidents and injury to health,

• (ii) organise the implementation of Regulation 6 of the Principal Regulations, in particular in relation to the provision of information,

• (iii) coordinate the implementation by contractors of Regulation 9(1)(e) and keep available for inspection a copy of any information provided to the project supervisor under that Regulation, and where the Authority requests information in relation to such a record, to comply with such a request as soon as possible,

• (iv) provide access to appropriate information regarding safety, health and welfare required by paragraph (iii) to the site safety representative;

• (f) co-ordinate arrangements for checking the implementation of safe working procedures,

• (g) co-ordinate measures to permit authorised persons only on to the construction site.

• (3) The project supervisor appointed for the construction stage may appoint a competent person as health and safety co-ordinator for the construction stage to undertake on behalf of the project supervisor the duties specified in paragraphs (1) and (2).

• (4) It shall be the duty of the project supervisor appointed for the construction stage to co-ordinate arrangements which facilitate the provision and maintenance, in an appropriate condition, of site welfare facilities to all persons at work on the construction site, in accordance with the requirements of paragraphs 13 to 18 of the Fourth Schedule and the relevant requirements of the Fifth Schedule.

• (5) It shall be the duty of the project supervisor for the construction stage to co-ordinate arrangements whereby persons at work on the construction site to whom the Eighth Schedule applies are in possession of a current registration card in the form specified in the Eighth Schedule.

• (6) It shall be the duty of the project supervisor for the construction stage to co-ordinate arrangements whereby those persons who engage in any of the tasks specified in the Ninth Schedule are in possession of a current certificate or registration card in the form specified in the Ninth Schedule.

• (6A) A person shall not -

• (a) in applying for a registration card as specified in the Eighth or Ninth Schedule from FÁS or another competent authority, make a statement which he or she knows to be false,

• (b) with intent to deceive, forge or alter a registration card, or

• (c) with intent to deceive, make or possess any document closely resembling a registration card.

• (7) It shall be the duty of the project supervisor for the construction stage to maintain and keep available for inspection a record of the names of persons at work at the construction site to whom paragraphs (5) and (6) apply as provided by each contractor under Regulation 9(5).

Site Safety Representative

• (i) coordinate the development and application by contractors of arrangements, made in consultation with their employees, which will enable them and their employees to co-operate effectively in promoting and developing measures in relation to their health and safety on the construction site and in ascertaining the effectiveness of such measures,

• (ii) facilitate, where more than 20 persons are normally employed at any one time on the site at any stage of the project, in cooperation with contractors and persons employed on the project, the appointment of a site safety representative from among the employees of the contractor or contractors undertaking the project in accordance with the procedure outlined in the Tenth Schedule.

• (b) A site safety representative shall have the right of access to such information from the project supervisor for the construction stage regarding the safety, health and welfare of persons at work at the construction site including information referred to in 6(2)(e)(iv) and approved forms under these or the Principal Regulations.

• (c) It shall be the duty of the project supervisor for the construction stage to take reasonable measures to inform the site safety representative when an inspector enters the construction site for the purpose of making a tour of inspection.

• (2) A site safety representative may -

• (a) make representations to the project supervisor for the construction stage and, as appropriate, any contractor involved in the project on any aspects of safety, health and welfare at the construction site,

• (b) investigate accidents and dangerous occurrences provided that he or she shall not interfere with or obstruct the performance of any statutory obligation required to be performed by any person under any relevant statutory provisions,

• (c) make oral or written representations to inspectors on matters of safety, health and welfare at work,

• (d) receive relevant advice and information from inspectors on matters of safety, health and welfare at work,

• (e) subject to prior notice to the project supervisor for the construction stage and the contractor employing the site safety representative and to agreement between the site safety representative, project supervisor for the construction stage and the contractor employing the site safety representative as to frequency, carry out inspections and in reaching such agreement, which shall not unreasonably be withheld by the employer, the parties shall consider the nature and extent of the hazards at the construction site in determining the frequency of inspections to be carried out by the site safety representative,

• (f) subject to prior notice to the project supervisor for the construction stage and the contractor employing the site safety representative, in circumstances in which it is reasonable to assume that risk of personal injury exists, to investigate potential hazards and complaints made by any person at work at the construction site relating to safety, health and welfare at the construction site, or

• (g) on a request being made in that behalf by him, accompany an inspector on any tour of inspection other than a tour of inspection made by the inspector for the purpose of investigating an accident.

• (3) The project supervisor for the construction stage and, as appropriate, any contractor involved in the project shall take account of any representations made to him or her by a site safety representative on any matter affecting the safety, health and welfare at work of any person at work at the construction site.

• (4) The contractor employing the site safety representative shall afford him or her such time off from his or her duties as may be reasonable having regard to all the circumstances without loss of remuneration, to enable him or her to -

• (a) acquire the knowledge necessary to discharge his or her functions as a safety representative, and

• (b) discharge his or her functions as a site safety representative under this Regulation.

• (5) Arising from the discharge of his or her functions under this Regulation, a site safety representative shall not be placed at any disadvantage in relation to his or her employment.

Notification of Projects to the Authority

• (2) A notice required by paragraph (1) shall be in writing and shall contain the particulars provided for in the First Schedule.

• (3) The project supervisor appointed for the construction stage shall cause to be clearly displayed on the construction site and, if necessary, periodically cause to be updated the particulars required to be in any notice under this Regulation.

PART 3 GENERAL DUTIES OF CONTRACTORS AND OTHERS

Duties of Contractors

• (a) to comply with the provisions of Parts 4 to 18 of these Regulations,

• (b) to co-operate with the project supervisor appointed for the construction stage to enable such project supervisor to comply with the relevant statutory provisions,

• (c) to provide promptly to the project supervisor appointed for the construction stage any information (including a copy of any relevant safety statement prepared under section 12 of the Act) which is likely to affect the health or safety of any person at work on the project or which might justify a review of the safety and health plan,

• (d) to take into account any directions of the project supervisor appointed for the construction stage,

• (e) to provide the project supervisor appointed for the construction stage with the information in relation to any death, injury, condition or dangerous occurrence which the contractor is required to notify or report under the Principal Regulations,

• (f) to apply, where appropriate, the general principles of prevention specified in the First Schedule of the Principal Regulations in a consistent manner and in particular in relation to the matters specified in the Third Schedule in order to protect the health and safety of persons at work,

• (g) to comply with the appropriate requirements of the Fourth and Fifth Schedules as regards any place of work under the contractor's control.

• (2) It shall be the duty of every contractor to comply with those requirements of the Fourth and Fifth Schedules which apply whenever required by the features of the construction site, the activity, the circumstances or a hazard at the site.

• (3) It shall be the duty of every contractor or other person to ensure that all persons under their direct control on a construction site to whom the Eighth Schedule refers have received the training specified in the Eighth Schedule and have been issued with a current registration card in the form specified in that Schedule.

• (4) It shall be the duty of every contractor or other person to ensure that any person under their direct control on a construction site who engages in any of the tasks specified in the Ninth Schedule has received the training specified in that Schedule and has been issued with a current construction skills card in the form specified in that Schedule.

• (5) It shall be the duty of every contractor or other person to ensure in respect of any person under their direct control on a construction site to whom Regulations 9(3) and 9(4) apply to furnish to the project supervisor appointed for the construction stage on the date upon which they first start work on that site written confirmation that the persons concerned are in possession of any registration cards required under Regulations 6(5) and 6(6) together with any other relevant certificates and documentation required under the Principal Regulations.

Appointment of Safety Officers

• (a) to advise the contractor as to the observance of the requirements of the relevant statutory provisions;

• (b) to exercise a general supervision of the observance of the aforesaid requirements and the promotion of the safe conduct of work generally.

• (2) The duties assigned to any person appointed under paragraph (1) including any duties other than those mentioned in paragraph (1) shall not be such as to prevent that person from discharging with reasonable efficiency duties assigned under that paragraph.

• (3) Nothing in these Regulations shall be construed as preventing the same person or persons being appointed under these Regulations for a group of sites or two or more contractors from jointly so appointing the same person or persons.

Erection and Installation of Plant or Equipment

• (a) erects, installs, modifies, works or uses any plant or equipment to which any of the provisions of these Regulations applies to erect, install, modify, work or use any such plant or equipment in a manner which complies with those provisions, and

• (b) erects or alters any scaffold to comply with the requirements of these Regulations having regard to the purpose or purposes for which the scaffold is designed at the time of erection or alteration.

Information

Consultation

Duties of Employees and other Persons at Work

• (a) to comply with these Regulations and to co-operate in carrying out these Regulations and if that person discovers any defect in the plant or equipment to which these Regulations apply and which might endanger safety, health and welfare, to report such defect without unreasonable delay to the employer, immediate supervisor or the contractor responsible for the plant or equipment,

• (b) to make proper use of any safety helmet, harness or any other personal protective equipment provided for that person's health and safety,

• (c) to accept reasonable offers of assessment and training specified in the Eighth and Ninth Schedules to these Regulations, without loss of remuneration, made by his employer, and

• (d) when requested by their employer or the project supervisor appointed for the construction stage, to show relevant registration or construction skills cards referred to in Regulation 9(3) and Regulation 9(4).

PART 4 SAFETY OF WORKPLACES

General

• (2) Safe means of access to and egress from all workplaces shall be provided and maintained, and indicated where appropriate.

• (3) Appropriate precautions shall be taken to protect persons present at or in the vicinity of a construction site from risks, which may arise from such site.

Protection from falling material

• (b) Wherever technically feasible, persons shall be protected by collective methods against falling objects.

• (c) Materials and equipment shall be laid out or stacked in such a way as to prevent their collapsing or overturning.

• (d) Where necessary, there shall be covered passageways on the site or access to danger areas shall be prevented.

• (2) Every person carrying out construction work shall be provided with a suitable safety helmet or other suitable head protection unless there is no foreseeable risk of injury to the head other than by falling.

• (3) Every protective helmet provided pursuant to this Regulation shall be marked with a distinguishing mark which shall be used to identify it in relation to the person to whom it has been issued and the helmet shall not be issued to any other person unless and until it has been cleaned and disinfected.

• (4)
• (a) Scaffold materials, tools, other objects or material, including waste material, shall not be thrown, or shot down from a height where they are liable to cause injury, and where practicable shall be properly lowered.

• (b) Where proper lowering is not practicable or where any part of a building or other structure is being demolished or removed adequate steps shall be taken to protect persons at work from falling or flying debris.

Lighting of Work Places

Projecting Nails and Loose Material

Construction of Temporary Structures.

Avoidance of Danger from Collapse of Structure

• (2) All practicable precautions shall be taken by the use of temporary guys, stays, supports and fixings or otherwise where necessary to prevent danger to any person at work through the collapse of any part of a building or other structure during any temporary state of weakness or instability of the building or structure or part thereof before the whole building or structure is completed.

• (3) Any guys, stays, supports, fixings or other devices provided under paragraph (2) shall be designed, installed and maintained so as to safely withstand any strains and stresses which may be placed on them.

• (4) Where any work is carried on which is likely to reduce the security or stability of any part of an existing building or structure or of a building or structure in course of construction, all practicable precautions shall be taken by shoring or otherwise to prevent danger to any person at work from the collapse of the building or structure or the fall of any part thereof.

PART 5 EXCAVATIONS, SHAFTS, EARTHWORKS, UNDERGROUND WORKS AND TUNNELS

General

• (a) guard against danger to persons at work from a fall or dislodgement of earth, rock or other material by suitable shoring or otherwise,

• (b) guard against dangers arising from the fall of persons at work, materials or objects or the inrush of water into the excavation, shaft, earthworks, underground works or tunnel,

• (c) secure adequate ventilation at all workplaces so as to maintain an atmosphere fit for respiration and to limit any fumes, gases, vapours, dust or other impurities to levels which are not dangerous or injurious to health,

• (d) enable persons at work to reach safety in the event of fire or an inrush of water or materials,

• (e) avoid risk to persons at work arising from possible underground dangers such as underground cables or other distribution systems, the circulation of fluids or the presence of pockets of gas, by undertaking appropriate investigations to locate them before excavation begins,

• (f) ensure that a safe means of access to and egress from each work place is provided.

• (2) Paragraph (1)(a) shall not apply to any excavation, shaft or earthwork where, having regard to the nature and slope of the sides of the excavation, shaft or earthwork and other circumstances, a fall or dislodgement of earth or other material which would bury or trap a person from a height of more than 1.25 metres is not liable to occur.

• (3) Where a person is engaged in shoring or other work which is being carried out for the purpose of compliance with paragraph (1) (a) appropriate precautions shall, as far as circumstances permit, be taken to ensure his safety.

Inspection and Examination

• (2) Subject to the provisions of paragraph (4), a person shall not be permitted to work in any excavation, shaft, earthwork, underground work or tunnel unless a thorough examination has been carried out by a competent person -

• (a) of those parts thereof, and in particular any shoring or other support, in the region of the blast since explosives have been used in or near the excavation, shaft, earthwork, underground work or tunnel in a manner likely to have affected the strength or stability of that shoring or other support of any part thereof; and

• (b) of those parts thereof in the region of any shoring or other support of any part thereof that has been substantially damaged and in the region of any unexpected fall of rock or earth or other material; and

• (c) of every part thereof within the immediately preceding seven days.

• (3) A report of the results of every examination required by paragraph (2), signed by the person carrying out the examination, shall be made on the day of the examination in the approved form.

• (4) This Regulation shall not apply -

• (a) to any excavation, shaft or earthwork where, having regard to the nature and slope of the sides of the excavation, shaft or earthwork and other circumstances, a fall or dislodgement of earth or other material which would bury or trap a person or which would strike a person from a height of more than 1.25 metres is not likely to occur, or

• (b) in relation to persons carrying out inspections or examinations required by this regulation or engaged in shoring or other work for the purpose of making a place safe, if appropriate precautions are taken to ensure their safety as far as circumstances permit.

Supervision and Execution of Shoring and Other Work

• (2) Shoring or other support for any part of an excavation, shaft, earthwork, underground work or tunnel shall be of good construction, sound material, free from patent defect and of adequate strength for the purpose for which it is used and shall be properly maintained.

• (3) All struts and braces in any excavation, shaft, earthwork, underground work or tunnel shall be properly and adequately secured so as to prevent their accidental displacement or fall.

Excavations etc. Likely to Reduce Security of a Structure

Fencing of Excavations, etc.

• (2) Paragraph (1) shall not apply to any part of an excavation, shaft, pit or opening while, and to the extent to which, the absence of such barrier and covering is necessary for the access of persons or for the movement of plant or equipment or materials or while, and to the extent to which, it has not up to then been practicable to erect such barrier or covering since the formation of that part of the excavation, shaft, pit or opening.

Safeguarding Edges of Excavations, etc.

• (2) No load, vehicle, or plant or equipment shall be placed or moved near the edge of any excavation, shaft, pit or opening in the ground where it is likely to cause a collapse of the side of the excavation, shaft, pit or opening and thereby endanger any person at work, and if necessary appropriate barriers shall be provided.

PART 6 COFFERDAMS AND CAISSONS

Construction and Maintenance

Means of Egress in Case of Flooding

Supervision of Work and Inspection of Material

• (2) All material used for the construction or fixing of a cofferdam or caisson shall be inspected by a competent person on each occasion before taken into such use and material, which is unsuitable or defective in any respect, shall not be used.

Inspections and Examinations

• (a) be inspected by a competent person at least once on every day during which persons are working therein, and

• (b) be thoroughly examined by a competent person -

• (i) in case explosives have been used in or near the cofferdam or caisson in a manner likely to have affected the strength or stability of the cofferdam or caisson or any part thereof, since the use of the explosives, and

• (ii) in case the cofferdam or caisson has been substantially damaged, since it was so damaged, and

• (iii) in any other case, at least once within the immediately preceding seven days.

• (2) A report of the results of every examination made pursuant to this regulation signed by the person carrying out the examination shall be made on the day of the examination in the approved form.

• (3) This Regulation shall not apply in relation to persons engaged in the construction, placing, repairing or alteration of the cofferdam or caisson or carrying out inspections or examinations required by this Regulation if appropriate precautions are taken to ensure their safety as far as circumstances permit.

PART 7 COMPRESSED AIR

Application of Part 7

“pressure” means pressure in kg/cm^2 above atmospheric pressure.

General

• (a) appropriate precautions, arrangements and procedures shall be adapted, and

• (b) the work shall be planned and undertaken only under the supervision of a competent person.

Plant and Equipment

• (a) of good design and construction,

• (b) of sound material and adequate strength,

• (c) free from patent defect,

• (d) properly maintained and used, and

• (e) suitable for the purpose used.

Minimum Requirements

PART 8

EXPLOSIVES

Explosives

• (2) All work involving the handling and use of explosives shall be carried out by competent persons and shall be organised and performed so as to avoid risks to persons at work.

• (3) Suitable measures shall be taken to ensure that when a charge is fired -

• (a) persons at work are in places where, so far as can reasonably be anticipated, they will not be exposed to risk of injury from the explosion or from flying materials, and

• (b) other persons are not exposed to risk of injury.

• (4) This Regulation shall not be construed as being in substitution for, or otherwise affecting any provision of the Explosives Act, 1875 (1875 c.17), or any provision of any other enactment which amends the law relating to explosive substances.

PART 9 DANGEROUS OR UNHEALTHY ATMOSPHERES

Health Hazards

• (2) The preventative measures referred to in paragraph (1) above shall comprise -

• (a) the replacement of a hazardous substance by a harmless or less hazardous substance wherever possible, or

• (b) technical measures applied to the plant, machinery, equipment or process; or

• (c) where it is not possible to comply with subparagraphs (a) or (b) above, other effective measures, including the use of personal protective equipment and protective clothing.

Disposal of Waste

Internal Combustion Engines or Dangerous Gas

PART 10 WORK ON OR ADJACENT TO WATER

Transport by Water

Prevention of Drowning

• (2) Where there is special risk of such a fall from the edge of adjacent land or from a structure adjacent to or above the water, or from a floating stage, secure fencing shall be provided near the edge to prevent such a fall, but such fencing may be removed or remain unerected for the time and to the extent necessary for the access of persons or the movement of materials.

PART 11 TRANSPORT, EARTHMOVING AND MATERIALS-HANDLING MACHINERY, AND LOCOMOTIVES

General

• (a) be of good design and construction taking into account as far as possible ergonomic principles,

• (b) be maintained in good working order,

• (c) be properly used,

• (d) not be operated otherwise than by a competent person who has attained the age of eighteen years but notwithstanding the foregoing operation shall be permissible for the purpose of training by a person who is under the direct supervision of a qualified person for the purpose of training,

• (e) in circumstances where the operator's visibility is restricted, be fitted with an efficient warning device.

• (2) On all construction sites on which transport vehicles, earth-moving or materials-handling machinery or locomotives are used -

• (a) safe and suitable access ways shall be provided for them, and

• (b) traffic shall be so organised and controlled as to secure their safe operation.

Rails and Rail Tracks

• (a) have an even running surface, be sufficiently and adequately supported and be of adequate section,

• (b) be jointed by fishplates or double chairs,

• (c) be securely fastened to sleepers or bearers,

• (d) be supported on a surface sufficiently firm to prevent undue movement of the rails,

• (e) be laid in straight lines or in curves of such radii that the locomotive, truck or wagon can be moved freely and without danger of derailment,

• (f) be provided with an adequate stop or buffer on each rail at each end of the track.

• (2) All rails and equipment referred to in this Regulation shall be properly maintained but paragraphs (1) (b) and (1) (c) shall not apply if other adequate steps are taken to ensure the proper junction of the rails, and to prevent any material variation in their gauge.

Clearance

• (2) Where it is not practicable to provide clearance in accordance with paragraph (1), such suitable arrangements shall be provided as are necessary to ensure that persons at work are not exposed to unnecessary risks.

Riding in Insecure Positions on Vehicles, etc.

• (a) on any transport vehicle, earthmoving or materials handling machinery, or

• (b) on any locomotive, truck or wagon,

and shall only ride on the part thereof provided for that purpose.

Vehicles Near Edge of Excavations, etc.

Protection of Driver

PART 12 DEMOLITION

Application of Part 12

General

• (a) appropriate precautions, methods and procedures shall be adopted, including those for the disposal of waste or residues,

• (b) the work shall be planned and undertaken only under the supervision of a competent person.

Fire and Flooding

• (a) from risk of fire or explosion through leakage or accumulation of gas or vapour, and

• (b) from risk of flooding.

Precautions in Connection with Demolition

• (2) The following operations shall be carried out only under the immediate supervision of a competent person or by persons trained and experienced in the kind of work and under the direction of a competent person -

• (a) the actual demolition of a building or other structure or part thereof, except where there is no risk of a collapse of any part of the building or the structure in the course or as a result of the demolition which would endanger persons at work,

• (b) the actual demolition of any part of a building or other structure where there is such a risk of collapse, whether of that or of any part of the building or structure, in the course or as a result of the said demolition,

• (c) the cutting of reinforced or prestressed concrete, steelwork or ironwork forming part of the building or other structure which is being demolished.

• (3) Before any steelwork or ironwork is cut or released, precautions shall be taken to avoid danger from any sudden twist, spring, or collapse.

• (4) Where demolition is being carried out all appropriate precautions shall be taken to avoid danger from collapse of a building or other structure when any part of the framing is removed from a framed or partly framed building or other structure.

• (5) Before demolition is commenced and also during the progress of the work precautions shall, where necessary, be taken by adequate shoring or otherwise to prevent the accidental collapse of any part of the relevant building or structure or of any adjoining building or structure, the collapse of which may endanger persons at work, but this requirement shall not apply in relation to any person actually engaged in erecting or placing shoring or other safeguards for the purpose of compliance with this requirement, if appropriate precautions are taken to ensure his safety as far as circumstances permit.

• (6) Before demolition is commenced and also during the progress of the work all appropriate steps shall be taken to ensure that there is no danger to persons at work from electric cables, gas pipes, water mains, sewers or other underground watercourses.

• (7) Appropriate steps shall be taken to suppress, either by water sprays or other means, any dust generated during the process of demolition.

PART 13 WORKING AT HEIGHTS

Provision of Scaffolds, etc.

Supervision of Work and Inspection of Material

• (2) All material for any scaffold shall be inspected by a competent person on each occasion before being taken into use.

Construction and Material

• (2) Sufficient material shall be provided for and shall be used in the construction of scaffolds.