S.I. No. 481/2001 - Safety, Health and Welfare At Work (Construction) Regulations, 2001
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
5 amending acts · 2007-06-14, S.I. No. 299/2007 - Safety, Health and Welfare at Work (General Application) Regulations 2007
- (5) In connection with every hoist there shall where practicable be provided and maintained efficient devices which will support the platform or cage together with its safe working load in the event of failure of the hoist rope or ropes or any part of the hoisting gear.
- (6) In connection with every hoist there shall be provided and maintained efficient automatic devices which will ensure that the platform or cage does not over-run the highest point to which it is for the time being constructed to travel.
Operation of Hoist.
(1) The Construction and the installation arrangements of every hoist shall where practicable be such that it can be operated at any one time only from one position and a hoist shall not be operated from the cage unless the requirements of Regulation 120 are complied with.
- (2) If a person operating a hoist has not a clear and unrestricted view of the platform or cage throughout its travel, except at points where such a view is not necessary for safe working, then effective arrangements shall be made for operating signals to be given to the person operating the hoist from each landing place at which the hoist is used and to enable that person to stop the platform or cage at the appropriate level.
Winches.
Where a hoist is operated by means of a winch, the winch shall be so constructed that the brake is applied when the control lever, handle or switch is not held in the operating position, and a winch which is fitted with a pawl and ratchet gear on which the pawl has to be disengaged before the platform or cage can be lowered shall not be used to operate a hoist.
Safe Working Load and Marking of Hoists.
(1) The safe working load shall be plainly marked on every hoist, platform or cage and no load greater than the load so marked shall be carried, but for the purpose of carrying out a test the safe working load may be exceeded by such amount as specified by and under the direction of a competent person appointed to carry out the test.
- (2) In the case of a hoist used for carrying persons the maximum number of persons to be carried at any one time shall also be so marked, and a number of persons greater than the number so marked shall not be so carried.
- (3) In the case of any other hoist there shall be a readily legible notice on the platform or cage stating that the carriage of persons is prohibited.
Test and Examination of Hoists.
(1) No hoist shall be used unless -
- (a) it has been tested and thoroughly examined by a competent person and there has been obtained, in such form as may be approved, a certificate of such test and examination, signed by the person making or responsible for the carrying out of the test and examination and specifying the safe working load of the hoist and in the case of a hoist used for carrying persons the maximum number of persons permitted to be carried at one time,
- (b) in the case of a hoist which has been substantially altered or substantially repaired it has since such alteration or repair been tested and thoroughly examined and a certificate obtained which fulfils the requirements of subparagraph (a),
- (c) in the case of a hoist to be used for carrying persons, it has since it was last erected or the height of travel of the cage was last altered, as may be appropriate, been tested and thoroughly examined by a competent person and a report of the results of such test and examination, signed by a person making or responsible for the carrying out of the test and examination, has been made in the approved form, and
- (d) it has been thoroughly examined by a competent person at least once within the previous six months.
- (2) A report in the approved form of the results of every examination required by paragraph (1) (d), signed by the person making or responsible for the carrying out of the examination, shall be made within twenty-eight days.
- (3) The person making the report of any test or examination required by paragraph (1) shall within 28 days of completion of the test or examination send to the Authority a copy of the report in every case where the test or examination shows that the hoist cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time.
PART 17 CARRIAGE OF PERSONS AND SECURENESS OF LOADS
Carrying Persons by Means of Lifting Appliances.
(1) No person at work shall be raised, lowered or carried by a power driven lifting appliance except -
- (a) on the driver's platform in the case of a crane,
- (b) on a hoist,
- (c) on an approved suspended scaffold,
- (d) on a suitable mobile elevating work platform, or
- (e) as permitted by paragraph (2).
- (2) A person at work may be raised, lowered or carried by a power driven lifting appliance in a manner other than one mentioned in subparagraphs (a), (b), (c) or (d) of paragraph (1) only -
- (a) in circumstances where the use of a hoist or of an approved suspended scaffold or a suitable mobile elevating work platform is not practicable and the requirements of paragraph (3) are complied with, or
- (b) on an aerial cableway or aerial ropeway provided that the requirements of sub-paragraphs (b), (c) and (d) of paragraph (3) are complied with.
- (3) The requirements referred to in paragraph (2) are -
- (a) that the power driven appliance can be operated from one position only,
- (b) that any winch used in connection with the appliance shall comply with the requirement of Regulation 117,
- (c) that no person at work shall be carried except -
- (i) in a suitable chair or cage, or
- (ii) in a suitable skip or other receptacle at least 950 millimetres deep, and which has at least a toe board, a main handrail and an intermediate handrail,
and any such chair, cage, skip or other receptacle shall be of good construction, sound material, adequate strength and properly maintained, and shall be provided with suitable means to prevent any occupant falling out and shall not contain material or tools liable to interfere with his or her handhold or foothold or otherwise endanger him or her, and
- (d) that suitable measures shall be taken to prevent the chair, cage, skip or other receptacle from spinning or tipping in a manner dangerous to any occupant.
Hoists Carrying Persons.
(1) No person at work shall be carried by a hoist unless it is provided with a cage which -
- (a) is so constructed as to prevent, when the cage gate or gates are shut, any such person carried from falling out or from being trapped between any part of the cage and any fixed structure or other moving part of the hoist or from being struck by articles or materials falling down the hoistway,
- (b) is fitted on each side from which access is provided to a landing place with a gate which, so far as is practicable, shall have efficient interlocking or other devices to ensure that the gate cannot be opened except when the cage is at the landing place, and that the cage cannot be moved away from the landing place until the gate is closed.
- (2) Every gate in the hoistway enclosure of a hoist used for carrying persons shall be fitted with efficient interlocking or other devices to ensure that the gate cannot be opened except when the cage is at the landing place, and that the cage cannot be moved away from the landing place until the gate is closed.
- (3) In connection with every hoist used for carrying persons at work there shall be provided suitable efficient automatic devices which will ensure that the cage comes to rest at a point above the lowest point to which the cage can travel.
Hoists Forming Part of the Permanent Equipment.
Regulations 80, 114 to 118 and 120 shall not apply to a hoist forming part of the permanent equipment of any structure or underground shaft and which is regularly and ordinarily used for the carriage of persons or goods, but no such hoist shall be used for the purposes of construction work unless the following conditions are complied with, that is to say -
- (a) the hoist shall not be used for carrying persons unless a maximum number of persons to be carried at any one time has been specified by the maker or by an insurer of the hoist or by a competent firm of lift engineers carrying out periodic examinations of the hoist, and a greater number than that maximum is not being carried,
- (b) the hoist shall not be used for carrying materials, tools or other articles other than light articles readily carried by a person who is riding in the hoist, unless a safe working load for the hoist has been specified by the maker or an insurer or firm as aforesaid and the safe working load so specified is not being exceeded, and
- (c) on an occasion when the hoist has been used for raising or lowering for the purposes of construction work the hoistway gate at a landing place shall not be left open except where it is immediately necessary for it to be open.
Secureness of Loads.
(1) Every part of a load shall be securely suspended or supported whilst being raised or lowered and shall be adequately secured to prevent danger from slipping or displacement.
- (2) Where by reason of the nature or position of the operation a load is liable, whilst being moved on a lifting appliance or lifting gear, to come into contact with any object so that the object may become displaced, special measures shall be adopted to prevent the danger so far as practicable.
- (3) Every container or receptacle used for raising or lowering stone, bricks, tiles, slates or other objects shall be so enclosed, constructed or designed as to prevent the accidental fall of such objects, except that this requirement shall not apply to a grab, shovel or other similar excavating receptacle if effective steps are taken to prevent any person at work being endangered by a fall of objects therefrom.
- (4) Goods or loose material shall not be placed directly on a platform of a hoist unless such platform is enclosed or other effective precautions are taken where necessary to prevent the fall of any such goods or materials.
- (5) No load shall be left suspended from a lifting appliance unless a competent person in charge of the appliance is present at the appliance.
Mobile Elevating Work Platforms.
(1) No mobile elevating work platform shall be used unless -
- (a) in the case of a mobile elevating work platform manufactured or substantially altered or substantially repaired after the date of commencement of these Regulations, it has since such manufacture, alteration or repair, as the case may be, been tested and thoroughly examined by a competent person and there has been obtained, in the approved form, a certificate of test and examination signed by the person making or responsible for the carrying out of the test and examination, and
- (b) it has been thoroughly examined by a competent person at least once within the previous six months.
- (2) A report in the approved form of the results of every examination required by paragraph (1)(b), signed by the person making or responsible for the carrying out of the examination, shall be made within 28 days.
- (3) The person making the report of any test or examination required by paragraph (1) shall within 28 days of the completion of the test or examination send to the Authority a copy of the report in every case where the test or examination shows that the power operated mobile access platform cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time.
- (4) The safe working load and a suitable means of identification shall be plainly marked on every mobile elevating work platform and no load greater than the load so marked shall be carried, but for the purpose of carrying out a test the safe working load may be exceeded by such amount as specified by and under the direction of a competent person appointed to carry out the test.
- (5) The maximum number of persons to be carried at any one time shall also be so marked, and a number of persons greater than the number so marked shall not be so carried.
PART 18 MISCELLANEOUS
Installations, Machinery, Equipment.
All installations, machinery and equipment, including hand tools whether power-operated or not, shall be -
- (a) properly designed and constructed taking account, as far as possible, of the principles of ergonomics,
- (b) maintained in proper working order,
- (c) used only for the work for which they were designed, and
- (d) operated by persons who have received appropriate training.
Wet Paint or Cement Wash on Ironwork or Steelwork.
(1) No ironwork or steelwork which has been painted or cement-washed shall be moved or manipulated on a site unless all the paint or wash on it, other than paint for the purpose of jointing, is dry and no person shall walk or work or be required or permitted to walk or work on erected iron or steel work on which the paint, other than paint for the purpose of jointing, or cement wash is wet.
Helmets or Crowns for Pile Driving.
Every helmet or crown used in connection with pile driving shall be of good construction, of sound and suitable material, of adequate strength and free from patent defect.
Keeping of records.
(1) The reports required by Regulations 21(3), 29(2), 65, 80, 89(6), 99(3) and 118(1)(c) shall be kept on the site but when no relevant works are being carried out on such site the reports shall be kept at an office of the contractor for whom the inspection, test or examination, as the case may be, was carried out.
- (2) In the case of a site where the contractor has reasonable grounds for believing that the work will be completed in a period of less than 30 working days, the contractor may, in lieu of keeping the reports referred to in paragraph (1) at the relevant site, keep the reports at his office.
- (3) All other reports and every certificate or other document required by these Regulations shall be kept either on the relevant site or at an office of the contractor for whom the report was made or the certificate or document was obtained or of the owner of the plant or equipment to which the certificate relates.
- (4) All reports, certificates and other documents required by these Regulations shall at all reasonable times be open to inspection by an inspector and the person having custody of any such report, certificate or other document shall send to any such inspector such extracts there from or copies thereof as the inspector may from time to time require for the purpose of the execution of his or her duties under the Act.
- (5) Wherever under these Regulations records are required to be made and kept it shall be sufficient compliance with such requirement if the individual making the examination enters his or her report in the approved form in a computer and duly authenticates it as soon as practicable after completing the examination and it shall be sufficient compliance with such requirement if the report is kept by the user in a computer.
Revocations.
The Safety, Health and Welfare at Work (Construction) Regulations 1995 ( S.I. No 138 of 1995 ) are hereby revoked.
PART 19 APPLICATION
Application
(1) Subject to paragraphs (2) and (3), these Regulations shall apply to and in relation to construction work.
- (2) Subject to Paragraph (3), Regulations 6(4), 6(5), 6(7) and 7(1)(a) shall not apply to or in relation to construction work included in any single project to which Regulation 8(1) does not apply.
- (3) These Regulations shall apply to and in relation to the demolition or dismantling of a structure.
- (4) The Eighth Schedule is applicable to craft and general construction workers as well as to persons undertaking on-site security work.
FIRST SCHEDULE
PARTICULARS TO BE NOTIFIED TO THE AUTHORITY BEFORE CONSTRUCTION BEGINS
Regulation 8
Date of forwarding notice to the Authority;
Exact address of the construction site;
Client(s) name(s) and address(es);
Description of project;
Name(s), Address(es) and, where appropriate, telephone number(s), of
— the project supervisor appointed for the design stage
— the health and safety co-ordinator appointed for the design stage, where appointed,
— the project supervisor appointed for the construction stage, and
— the health and safety co-ordinator appointed for the construction stage, where appointed;
Date the preliminary health and safety plan was prepared;
Date the developed health and safety plan was prepared;
Date planned for start of work on the construction site;
Planned duration of work on the construction site;
Estimated maximum number of people at work on the construction site;
Planned number of contractors and self-employed persons on the construction site;
Details of contractors already chosen.
SECOND SCHEDULE
NON-EXHAUSTIVE LIST OF WORK INVOLVING PARTICULAR RISKS TO THE SAFETY AND HEALTH OF PERSONS AT WORK.
Regulations 4, 5 and 6
Work which puts persons at work at risk of burial under earthfalls, engulfment in swampland or falling from a height, where the risk is particularly aggravated by the nature of the work or processes used or by the environment at the place of work or site.
Work which puts persons at work at risk from chemical or biological substances constituting a particular danger to the safety and health of such persons or involving a legal requirement for health monitoring.
Work with ionising radiation requiring the designation of controlled or supervised areas as defined in Article 20 of Directive 80/836/Euratom.
Work near high voltage power lines.
Work exposing persons at work to the risk of drowning.
Work on wells, underground earthworks and tunnels.
Work carried out by divers at work having a system of air supply.
Work carried out in a caisson with a compressed-air atmosphere.
Work involving the use of explosives.
Work involving the assembly or dismantling of heavy prefabricated components.
THIRD SCHEDULE
REQUIREMENTS TO BE APPLIED AS REGARDS THE GENERAL PRINCIPLES OF PREVENTION.
Regulations 6 and 9
- (a) keeping the construction site in good order and in a satisfactory state of cleanliness;
- (b) choosing the location of workstations bearing in mind how access to these workplaces is obtained, and determining routes or areas for the passage and movement of equipment;
- (c) the conditions under which various materials are handled;
- (d) technical maintenance, pre-commissioning checks and regular checks on installations and equipment with a view to correcting any faults which might affect the safety and health of persons at work;
- (e) the demarcation and laying-out of areas for the storage of various materials, in particular where dangerous materials or substances are concerned;
- (f) the conditions under which the dangerous materials used are removed;
- (g) the storage and disposal or removal of waste and debris;
- (h) the adaptation, based on progress made with the site, of the actual period to be allocated for the various types of work or work stages;
- (i) co-operation between employers and self-employed persons;
- (j) interaction with industrial activities at the place within which or in the vicinity of which the construction site is located.
FOURTH SCHEDULE
MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR CONSTRUCTION SITES.
Regulations 6 and 9
Stability and Solidity
(1) Materials, equipment and, more generally, any component which, when moving in any way, may affect the safety and health of persons at work shall be stabilised in an appropriate and safe manner.
- (2) Access to any surface involving insufficiently resistant materials shall not be authorised unless appropriate equipment or means are provided to enable the work to be carried out safely.
- (3) High-level or low-level movable or fixed outdoor workstations shall be solid and stable, taking account of
-the number of persons occupying them,
-the maximum loads they may have to bear and the weight distribution,
-the outside influences to which they may be subject.
If the support and the other components of these workstations are not intrinsically stable, their stability shall be ensured by appropriate and safe methods of fixing to avoid any untimely or spontaneous movement of the whole or of parts of the workstations.
Stability and solidity shall be checked appropriately and especially after any change in the height or depth of the workstation.
Energy Distribution Installations
(1) The installations shall be designed, constructed and used so as not to present a fire or explosion hazard; persons at work shall be adequately protected against the risk of electrocution caused by direct or indirect contact.
- (2) The design, construction and choice of equipment and protection devices shall take account of the type and power of the energy distributed, external conditions and the competence of persons with access to parts of the installation.
- (3) On-site outdoor energy distribution installations, especially those subject to outside influences, shall be regularly checked and maintained.
- (4) Outdoor installations existing before the site began shall be identified, checked and clearly signposted.
- (5) Whenever possible, where overhead power lines exist, they shall either be redirected away from the area of the site or else the current shall be cut off.
If this is not possible, there shall be barriers or notices as appropriate to ensure that vehicles and installations are kept away.
Suitable warnings and suspended protections shall be provided where vehicles have to pass beneath the lines.
Emergency Routes and Exits
The following requirements shall apply without prejudice to the Fire Services Act, 1981 (No. 30 of 1981) or other relevant legislation.
- (1) Emergency routes and exits shall remain clear and lead as directly as possible to a safe area.
- (2) In the event of danger, it shall be possible for persons to evacuate all workstations quickly and as safely as possible.
- (3) The number, distribution and dimensions of emergency routes and exits depend on the use, equipment and dimensions of the site and of the rooms and the maximum number of persons that may be present.
- (4) Specific emergency routes and exits shall be indicated by signs in accordance with the Safety, Health and Welfare at Work (Signs) Regulations, 1995 ( S.I. No. 132 of 1995 ).
- (5) Emergency routes and exits, and the traffic routes and doors giving access to them, shall be free from obstruction so that they can be used at any time without hindrance.
- (6) Emergency routes and exits requiring illumination shall be provided with emergency lighting of adequate intensity in case the lighting fails.
Fire Detection and Fire Fighting
The following requirements shall apply without prejudice to the Fire Services Act, 1981 (No. 30 of 1981) or other relevant legislation.
- (1) Depending of the characteristics of the site, the dimensions and use of rooms, the on-site equipment, the physical and chemical properties of the substances present and the maximum potential number of persons at work present, an adequate number of appropriate fire-fighting devices and, where required, fire detectors and alarm systems shall be provided.
- (2) These fire-fighting devices, fire detectors and alarm systems shall be regularly checked and properly maintained. Appropriate tests and drills shall take place at regular intervals.
- (3) Non-automatic fire-fighting equipment shall be easily accessible and easy to use.
The equipment must be indicated by signs in accordance with the Safety, Health and Welfare at Work (Signs) Regulations, 1995 ( S.I. No. 132 of 1995 ).
Atmospheric Influences
Persons working outdoors shall be protected against atmospheric influences which could affect their health and safety.
Ventilation
Steps shall be taken to ensure that there is sufficient fresh air, having regard to the working methods used and the physical demands placed on the persons at work. If a forced ventilation system is used, it shall be maintained in working order and shall not expose persons at work to draughts which are harmful to health.
Any breakdown shall be indicated by a control system where this is necessary for the health of persons at work.
Temperature
During working hours, the temperature shall be appropriate for human beings, having regard to the working methods used and the physical demands placed on the persons at work.
Natural and Artificial Lighting of Workstations, Rooms and Traffic Routes on the Site
(1) Workstations, rooms and traffic routes shall as far as possible have sufficient natural lighting and be provided with appropriate and sufficient artificial lighting at night and when natural daylight is inadequate, where necessary, portable light sources that are protected against impact shall be used.
The colour of artificial light used shall not alter or affect the perception of signals or signposts.
- (2) Lighting installations for rooms, workstations and traffic routes shall be placed in such a way that there is no risk of accidents to persons at work as a result of the type of lighting fitted.
- (3) Rooms, workstations and traffic routes where persons at work are especially exposed to risks in the event of failure of artificial lighting shall be provided with emergency lighting of adequate intensity.
Doors and Gates
(1) Sliding doors shall be fitted with safety devices to prevent them from being derailed and falling over.
- (2) Doors and gates opening upwards shall be fitted with a mechanism to secure them against falling back.
- (3) Doors and gates along escape routes shall be appropriately marked.
- (4) In the immediate vicinity of gates intended primarily for vehicle traffic, there shall be doors for pedestrian traffic unless it is safe for pedestrians to cross and such doors shall be clearly marked and kept free at all times.
- (5) Mechanical doors and gates shall operate without any risk of accident to persons at work.
They shall be fitted with stop devices which are easily identifiable and accessible and, unless they open automatically in the event of a power-cut, it shall be possible for them to be opened manually.
Traffic Routes—Danger Areas
(1) Traffic routes, including stairs, fixed ladders and loading bays and ramps, shall be designed, located, laid out and made negotiable to ensure easy, safe and appropriate access in such a way as not to endanger persons working in the vicinity of these traffic routes.
- (2) Routes used for pedestrian traffic and/or goods traffic including those used for loading and unloading shall be dimensioned in accordance with the number of potential users and the type of activity concerned.
If means of transport are used on traffic routes, a sufficient safety clearance or adequate protective devices shall be provided for other site users.
Routes shall be clearly marked, regularly checked and properly maintained.
- (3) Sufficient clearance shall be allowed between vehicle traffic routes and doors, gates, passages for pedestrians, corridors and staircases.
- (4) If the site includes limited access areas, these shall be equipped with devices to prevent unauthorised persons at work from entering.
Appropriate measures shall be taken to protect persons who are authorised to enter the danger areas. Danger areas shall be clearly signposted.
Loading Bays and Ramps
(1) Loading bays and ramps shall be suitable for the dimension of the loads to be transported.
- (2) Loading bays shall have at least one exit point.
- (3) Loading ramps shall be sufficiently safe to prevent persons at work from falling off.
Freedom of Movement at the Workstation
The floor area at the workstation must be such as to allow persons sufficient freedom of movement to perform their work, taking account of any necessary equipment or appliances present.
Welfare Facilities
(1) Shelters and accommodation for clothing and for taking meals.
- (a) Subject to 13 (1) (b) and 13 (1) (c) there shall be provided at or in the immediate vicinity of every site for the use of persons at work and conveniently accessible to them
- (i) adequate and suitable enclosed accommodation for taking shelter during interruptions of work owing to bad weather and for depositing clothing not worn during working hours, being accommodation containing
- where there are more than five persons at work on a site, adequate and suitable means of enabling such persons to warm themselves and to dry wet clothing, or
- where there are five persons or less at work on a site, such arrangements as are practicable for enabling persons to warm themselves and for drying wet clothing,
- (ii) adequate and suitable accommodation for the deposit of protective clothing used for work and kept, when not in use, at or in the immediate vicinity of the site, with such arrangements as are practicable for drying such clothing if it becomes wet,
- (iii) adequate and suitable accommodation affording protection from the weather and including sufficient tables with impermeable surfaces and seats with backs, for taking meals,
- (iv) facilities for boiling water and, where there are more than five persons at work on a site and heated food is not otherwise available on the site, adequate facilities for heating food, and
- (v) an adequate supply of wholesome drinking water and possibly another suitable non-alcoholic beverage, at a convenient point or convenient points.
- (b) For the purpose of subparagraph 13 (1) (a) (iii), in determining whether accommodation of any kind provided in pursuance of the subparagraph at any time and place is adequate, regard shall be had to the number of the persons at work who appear to be likely to use such accommodation at that time and place.
- (c) For the purpose of subparagraph 13 (1) (a), in determining whether accommodation is conveniently accessible account shall be taken of any transport provided for the persons at work.
- (d) All accommodation provided in pursuance of subparagraph 13 (1) (a) shall be properly ventilated, adequately lighted, kept in a clean, hygienic and orderly condition and shall not be used for the deposit or storage of building materials or plant.
- (2) Changing rooms and lockers.
- (a) Appropriate changing rooms shall be provided for persons at work if they have to wear special work clothes and if, for reasons of health or propriety, they cannot be expected to change in another area. Changing rooms shall be easily accessible, be of sufficient capacity and be provided with seating.
- (b) If circumstances so require where work clothes are likely to be contaminated by dangerous substances, atmospheric conditions or the conditions of the workplace, facilities shall be provided to enable working clothes to be kept in a place separate from personal clothing and effects.
- (c) Provisions shall be made for separate changing rooms or separate use of changing rooms for men and women.
- (d) If changing rooms are not required as referred to in subparagraph 13(2)(a), every person at work shall be provided with a place to lock away his or her own clothes and personal effects.
- (3) Washing Facilities.
- (a) Adequate and suitable facilities for washing appropriate to the numbers of persons at work and the duration of the work shall be provided at every construction site.
- (b) Subject to the provisions of subparagraph 13 (3) (d) where there are reasonable grounds for believing that the work to be undertaken on the site will not be completed within 30 working days from commencement, suitable facilities for washing shall be provided for such persons which shall include -
- (i) adequate troughs or basins having in every case a smooth impervious internal surface,
- (ii) adequate and suitable means of cleaning and drying, being either soap and towels or other means, as the case may require,
and
- (iii) a sufficient supply of hot and cold or warm running water.
- (c) Subject to the provisions of subparagraph 13 (3) (d) where there are more than one hundred persons at work on a site and there are reasonable grounds for believing that the work to be undertaken on the site will not be completed within twelve months from commencement, in lieu of providing troughs or basins mentioned in subparagraph 13 (b) (i) washbasins shall be provided on the following scale, that is to say, six with the addition of one for every unit of twenty persons at work by which the number of persons exceeds one hundred, any fraction of a unit of twenty persons being treated as one.
- (d) In any case where persons are at work on a site in a process in which a dangerous substance is used the relevant contractor shall provide nail brushes and paragraph 13 (3) (b) (i) or 13 (3) (c), as may be appropriate, shall as regards the particular case be construed as requiring the provision of one trough or basin, or washbasin, as may be appropriate, for every five persons at work.
- (e) Washing facilities provided shall be conveniently accessible from the accommodation for taking meals and shall be adequately lighted, properly ventilated and kept in a clean and orderly condition.
- (f) Provision must be made for separate washbasins, or separate use of washbasins for men and women when so required for reasons of propriety.
- (g) Suitable showers in sufficient numbers shall be provided for persons at work if required by the nature of the work or for health reasons. Provision shall be made for separate shower rooms or separate use of shower rooms for men and women.
- (h) The shower rooms shall be sufficiently large to permit each person to wash without hindrance in conditions of an appropriate standard of hygiene. Such showers shall be equipped with hot and cold running water.
- (i) Where the rooms housing the showers or washbasins are separate from the changing rooms, there shall be easy communication between the two.
Sanitary Conveniences.
- (4)
- (a) Subject to subparagraph 13 (4) (b) a at least one suitable sanitary convenience shall be provided, not being a convenience suitable only as urinal, for every 20 persons at work on a site.
- (b) Where practicable all sanitary conveniences shall discharge into a main sewer. Where there are more than 100 persons at work on a site, and sufficient urinal accommodation is also provided it shall suffice if there is one such convenience as aforesaid for every 25 persons at work on the site up to the first 100 and one for every 35 persons thereafter.
- (c) In calculating the number of conveniences required by this Regulation any number of persons less than 20 or 30, as may be appropriate, shall be reckoned as 25 or 35, and any number which is not a multiple of 20 or 30, as may be appropriate, shall be regarded as being the nearest lower number which is a multiple of 25 or 35.
- (d) Every sanitary convenience required to be provided shall be sufficiently ventilated and shall not communicate with any workroom or messroom except through the open air or through an intervening ventilated space.
- (e) Every sanitary convenience shall be under cover and so partitioned off as to secure privacy and every sanitary convenience, other than a convenience suitable only as a urinal, shall have a proper door and fastening.
- (f) The sanitary conveniences shall be so arranged as to be conveniently accessible to persons at work at all times while they are at the site and shall where practicable be convenient to the washing facilities.
- (g) Provision shall be made for separate sanitary conveniences or separate use of sanitary conveniences for men and women.
- (h) Every sanitary convenience shall be maintained in a clean and hygienic condition.
Accommodation Areas
(1) Fixed accommodation areas, unless used only in exceptional cases, shall have sufficient sanitary equipment, a rest room and a leisure room.
They shall be equipped with beds, cupboards, tables and seats with backs, taking account of the number of persons at work, and be allocated taking account, where appropriate, of the presence of persons of both sexes.
- (2) Appropriate measures shall be taken for the protection of non-smokers against discomfort caused by tobacco smoke in rest rooms and accommodation areas (or both).
Safe access to places where facilities are provided
Safe means of access and egress shall be provided and maintained to and from every place at which any of such facilities provided is situated and every such place shall be made and kept safe for persons using such facilities.
Pregnant Women and Nursing Mothers
Pregnant women and nursing mothers shall be able to lie down to rest in appropriate conditions.
Handicapped Workers
Workplaces must be organised to take account of handicapped persons at work, if necessary.
This provision applies in particular to the doors, passageways, staircases, showers, washbasins, lavatories and work-stations used or occupied directly by handicapped persons at work.
Miscellaneous Provisions
The surroundings and the perimeter of the site shall be signposted and laid out so as to be clearly visible and identifiable.
FIFTH SCHEDULE
MINIMUM REQUIREMENTS FOR ON-SITE INDOOR WORKSTATIONS.
Regulation 9
Stability and Solidity
Premises shall have a structure and stability appropriate to the nature of their use.
Emergency Doors
Emergency doors shall open outwards.
Emergency doors shall not be so locked or fastened that they cannot be easily and immediately opened by any person at work who may require to use them in an emergency. Sliding or revolving doors are not permitted if intended as emergency exists.
Ventilation
If air conditioning or mechanical ventilation installations are used, they shall operate in such a way that persons at work are not exposed to draughts, which cause discomfort. Any deposit or dirt likely to create an immediate danger to the health of persons at work by polluting the atmosphere shall be removed without delay.
Temperature
(1) The temperature in rest areas, rooms for duty staff, sanitary facilities, canteens and first-aid rooms shall be appropriate to the particular purpose of such areas.
- (2) Windows, skylights and glass partitions shall allow excessive effects of sunlight to be avoided, having regard to the nature of the work and use of the room.
Natural and Artificial Lighting
Workplaces shall as far as possible have sufficient natural light and be equipped with the means of providing artificial lighting which is adequate for the purposes of protecting the safety and health of persons at work.
Floors, Walls, Ceilings and Roofs of Rooms
(1) The floors of workplaces shall have no dangerous bumps, holes or slopes and shall be fixed, stable and not slippery.
- (2) The surfaces of floors, walls and ceilings in rooms shall be such that they can be cleaned or refurbished to an appropriate standard of hygiene.
- (3) Transparent or translucent walls, in particular all-glass partitions, in rooms or in the vicinity of workplaces and traffic routes shall be clearly indicated and made of safety material or be shielded from such places or traffic routes to prevent persons at work from coming into contact with walls or being injured should the walls shatter.
Windows and Skylights
(1) It shall be possible for persons at work to open, close, adjust or secure windows, skylights and ventilators in a safe manner.
When open, they shall not be positioned so as to constitute a hazard to persons at work.
- (2) Windows and skylights shall be designed in conjunction with equipment or otherwise fitted with devices allowing them to be cleaned without risk to the persons carrying out this work or to other persons present.
Doors and Gates
(1) The position, number and dimensions of doors and gates, and the materials used in their construction, shall be determined by the nature and use of the rooms or areas.
- (2) Transparent doors shall be appropriately marked at a conspicuous level.
- (3) Swing doors and gates shall be transparent or have see-through panels.
- (4) If transparent or translucent surfaces in doors and gates are not made of safety material and if there is a danger that persons at work may be injured if a door or gate should shatter, the surfaces shall be protected against breakage.
Traffic Routes
Where the use and equipment of rooms so requires for the protection of persons at work, traffic routes shall be clearly identified.
Specific Measures for Escalators and Travelators
Escalators and travelators shall function safely, be equipped with any necessary safety devices and with easily identifiable and accessible emergency shut-down devices.
Room Dimensions and Air Space in Rooms
Workrooms shall have sufficient surface area and height to allow persons to perform their work without risk to their safety, health or well-being.
SIXTH SCHEDULE
MINIMUM REQUIREMENTS FOR WORK IN COMPRESSED AIR
Regulation 34
Fitness to Work and Supervision
(a) Work in compressed air shall be carried out only by persons who have been medically examined and found fit for such work.
- (b) Work in compressed air shall be carried out only when a competent person is present to supervise and take charge of the operations.
- (c) No person shall be permitted to work in compressed air unless properly instructed and informed as to the precautions to be taken in connection with such work.
Maximum Pressure and Records
(a) No person shall be subjected to a pressure exceeding 3.5 kg/cm^2 except in emergencies.
- (b) For every shift a record shall be kept showing the time every person spends in the working chamber and the time taken for decompression.
Medical Examinations and First Aid
(a) Without prejudice to subparagraph (b), no person shall be permitted to work in compressed air where the air pressure exceeds 1.25 kg/cm^2 unless he or she has been medically examined, by a doctor familiar with compressed air work, within the previous four weeks and certified as being fit for such work.
- (b) Persons who work continuously in compressed air at a pressure not more than 1.5 kg/cm^2 shall be medically re-examined every two months and if the pressure is more than 1.5 kg/cm^2, the period between re-examinations shall be shorter.
- (c) Persons who have been absent from work in compressed air for any period due to illness or for ten days or more for reasons other than illness shall be medically re-examined.
- (d) For every project where persons work in compressed air, a doctor, a nurse, or a trained first-aid attendant, familiar with compressed air work, shall be available at all times.
- (e) When persons work in compressed air at a pressure exceeding 1.25 kg/cm^2 a neighbouring hospital shall be informed of the location of the site and of the name and address of the doctor exercising medical supervision.
Identification Badge
(a) Every person who works in compressed air at a pressure exceeding 1.25 kg/cm^2 shall be provided with an identification badge to be worn on the body indicating that he or she has worked in compressed air and giving the address of the medical lock at the place of work.
- (b) The identification badge shall state that the wearer, if ill, should be taken to the medical lock and not to a hospital.
Compressions and Decompressions
(a) Adequate and suitable facilities for remaining on the site after decompression, including shelters with seats shall be provided for persons working in compressed air.
- (b) Any person who has not previously worked in compressed air shall not be subject to compressed air unless accompanied in the man-lock by a person competent to advise as to the appropriate conduct of persons during compression.
- (c) During compression the pressure shall not be raised to more than 0.35 kg/cm^2 until the man-lock attendant has ascertained that no person is complaining of discomfort, and thereafter it should be raised at a rate not exceeding about 0.7 kg/cm^2 per minute.
- (d) If during compression any person is suffering from discomfort, compression should stop and the pressure be gradually reduced.
Working Chambers
(a) Every working chamber shall be provided with a wet-bulb thermometer.
- (b) Work under pressure when the wet-bulb temperature exceeds 28C shall be restricted unless it is absolutely necessary.
- (c) While any person is in a working chamber, the door between the chamber and a man-lock leading to a lower pressure shall as far as practicable be kept open if the lock is not in use.
Medical Locks
(a) Where the pressure in a working chamber ordinarily exceeds 1.25 kg/cm^2, a suitable medical lock conveniently situated shall be provided solely for the treatment of persons at work in compressed air.
- (b) The medical lock shall have two components so that it can be entered under pressure.
- (c) While any person is at work in compressed air a medical lock shall be in the charge of a suitably qualified person.
Man-Locks
(a) Every man-lock shall be of adequate internal dimensions and equipped with:
- (i) pressure gauges that indicate to the man-lock attendant the pressure in the man-lock and in each working chamber to which it affords direct or indirect access and indicate to the persons in the man-lock the pressure in it;
- (ii) a clock or clocks so placed that the man-lock attendant and the persons in the man-lock can readily ascertain the time;
- (iii) efficient means of verbal communication between the man-lock attendant, the man-lock and the working chamber or chambers;
- (iv) means of enabling the persons in the man-lock to convey visible or other non-verbal signals to the man-lock attendant; and
- (v) efficient means enabling the man-lock attendant, from outside the man-lock, to reduce or cut off the supply of compressed air to the man-lock.
- (b) Persons in every man-lock shall not be able to reduce the air pressure except:
- (i) under the control of the man-lock attendant; or
- (ii) in an emergency, by special means that should normally be kept sealed or locked.
- (c) In every man-lock there shall be a suitable notice indicating the precautions to be taken by persons during compression and decompression, and after decompression.
- (d) Every man-lock shall, while any person is in it or in any working chamber to which it affords direct or indirect access, be in the charge of an attendant who should:
- (i) control compression and decompression in the man-lock; and
- (ii) if the pressure exceeds 1.25 kg/cm^2, keep a register showing:
- the times at which each person enters and leaves the man-lock;
- the pressures at the times of entering and leaving; and
- the times taken to decompress each person.
Air Supply
Compressed air installations shall be provided with air supply plant capable of supplying any working chamber with sufficient fresh uncontaminated air at the pressure in the chamber, and not less than 0.3 m^3 per minute per person in the chamber.
SEVENTH SCHEDULE
MINIMUM REQUIREMENTS FOR AN EXCAVATOR OR LOADER USED AS A CRANE
Regulation 100
Before an excavator, loader or combined excavator/loader is first used as a crane, a competent person appointed by the owner shall specify the safe working load to be raised and lowered by the said machine when used as a crane, or if it may be used with jibs or booms which it is intended to use.
When an excavator is fitted with outriggers, the competent person shall specify safe working loads for both the following positions -
- (a) free-on-wheels or tracks, and
- (b) with outriggers fully extended and blocked,
for each length or construction of jib or boom which it is intended to use.
The safe working load shall be the same for all radii at which the jib or boom is operated and shall not be greater that the load which the machine in its least stable configuration is designed to lift with that jib or boom.
Before the machine is first used as a crane a certificate signed by the competent person giving the particulars specified in the approved form shall be obtained. The requirements of Regulation 127(3) shall apply to the said certificate as they apply to the certificates required by the Regulations, except that the certificate, or a copy thereof, shall be kept available for inspection on the site.
The machine, when used as a crane, shall not be loaded beyond the relevant safe working load specified in the certificate required by paragraph 2 of this Schedule.
The machine, when used as a crane, shall not be loaded beyond the relevant safe working load specified in the certificate required by paragraph 2 of this Schedule.
Means of identification shall be plainly marked on the machine.
The specified safe working load or loads and the outrigger position and the length of jib or boom to which the safe working loads related shall either be plainly marked on the machine or a copy of the table of safe working loads, specified in the approved form, shall be affixed in a clearly visible position in the driver's cab.
EIGHTH SCHEDULE
FÁS SAFE PASS PROGRAMME
Regulations 6, 9, 14 and 129(4)
- (1) Training requirements under Regulations 6, 9 and 14 are:
- (a) the FÁS Safe Pass safety awareness programme, or
- (b) an equivalent safety awareness programme approved by a body in another jurisdiction recognised by FÁS as its equivalent.
- (2) The FÁS registration card shall bear the name and logo of An Foras Áiseanna Saothair, the registration number, card expiry date, FÁS contact details, the name of the holder and a photograph of the holder.
- (3) Registration cards issued by recognised bodies in another jurisdiction shall bear the name of the body concerned, the registration number, card expiry date, contact details of the issuing body, the name of the holder and a photograph of the holder.
NINTH SCHEDULE
FÁS CONSTRUCTION SKILLS CERTIFICATION SCHEME
Regulations 6, 9 and 14
Regulations 6(6) and 9(4) apply to the following tasks:
- (a) Scaffolding — basic
- (b) Scaffolding — advanced
- (c) Tower crane operation
- (d) Slinging/Signalling
- (e) Telescopic Handler Operation
- (f) Tractor/Dozer Operation
- (g) Mobile Crane Operation
- (h) Crawler Crane operation
- (i) Articulated dumper operation
- (j) Site dumper operation
- (k) 180° Excavator operation
- (l) 360° Excavator operation
- (m) Roof and wall cladding/sheeting
- (n) Built up roof felting
and to other tasks which may be prescribed from time to time by the Minister for Enterprise, Trade and Employment and published in Iris Oifigiúil.
The certification requirements for Regulations 6, 9 and 14 are:
- (a) the relevant certificate under the FÁS Construction Skills Certification Scheme
or
- (b) an equivalent certificate approved by a body in another jurisdiction recognised by FAS as its equivalent.
Scaffolding
“Scaffolding — basic” (Paragraph 1(a) above) means general scaffolding operations other than those covered by Scaffolding — advanced (Paragraph 1(b)).
“Scaffolding — advanced” (Paragraph 1(b) above) means the following:
- (a) the erection and dismantling of independent scaffolding,
- (b) the erection and dismantling of sheeted scaffolding,
- (c) the erection and dismantling of scaffolding with a larger number of platforms than recommended in the manufacturer's instructions or relevant code of practice,
- (d) the erection and dismantling of scaffold loading bays,
- (e) the erection and dismantling of scaffolding with different tie spacing than recommended in the manufacturer's instructions or relevant code of practice,
- (f) the erection and dismantling of scaffolding under which the public will have access,
- (g) the erection and dismantling of a buttress or truss-out scaffold,
- (h) the erection and dismantling of a saddle and stack scaffold with access tower,
- (i) the method of constructing and loading a cantilever (counterbalance) scaffold,
- (j) the erection and dismantling of scaffolding with work platforms 7 metres or more above the level of the base of the scaffolding, or
- (k) or other tasks which may be prescribed from time to time by the Minister for Enterprise Trade and Employment and published in Iris Oifigiúil.
Exceptions
In the case of persons undertaking the following tasks:
- (a) Scaffolding basic
- (b) Tower crane operation
- (c) Excavator operation
- (d) Roof and wall cladding/sheeting
in order to gain the experience which is a pre requisite to undertaking the relevant programme, it shall be permissible for those persons to undertake the tasks during the period required by the programme provided that:-
- (i) they are at all times under the direct supervision of a person who is in possession of the relevant registration card and
- (ii) they are in possession of a letter from their employer stating that they are a trainee under supervision and giving the date at which they began undertaking this type of work.
Registration cards
- (1) The FÁS registration card will bear the name and logo of FAS, the registration number, card expiry date, FÁS contact details, the name of the holder and a photograph of the holder.
- (2) Registration cards issued by other recognised bodies will bear the name of the body concerned, the registration number, card expiry date, contact details for the issuing body, the name of the holder and a photograph of the holder.
TENTH SCHEDULE
PROCEDURE FOR SELECTION OF SAFETY REPRESENTATIVES
Regulation 7
In the absence of a site safety representative selected by the persons at work on the site, the following procedures shall apply.
The selection of a site safety representative should proceed as follows:
If a site safety representative is elected by the workers on the site at any time after commencement of activities on the site this person shall be recognised as such by the project supervisor for the construction stage and particulars shall be noted in writing by the project supervisor for the construction stage.
If a safety representative has previously been selected under section 13 of the Principal Act by the employees of any of the contractors on the construction site the views of all persons at work on the site at the time must be taken into account when confirming that person as site safety representative.
If, at the time the number of persons at work on the construction site normally exceeds 20 and there is no site safety representative the project supervisor for the construction stage shall invite all persons working on the site at that time to elect a site safety representative from amongst their number. If those working on the site are unwilling to organise a selection process themselves and request the project supervisor for the construction stage to do so he or she shall organise the election.
If a site safety representative is not selected under paragraph (3) the project supervisor for the construction stage shall invite persons working on the construction site or their representatives to nominate persons willing to undertake the role. If more than one name is put forward the project supervisor for the construction stage shall determine which candidate has the most support from all persons employed on the site. The person who has the most support shall be deemed selected.
If no site safety representative has been selected under paragraphs (1) to (4), the project supervisor for the construction stage shall nominate a provisional site safety representative. If subsequently a site safety representative is elected by a process involving more than 50 per cent of the persons working on the site at a particular time then that person shall be deemed to be the site safety representative.
The project supervisor for the construction stage shall take steps to inform all persons who are at work on the site at the time of the selection and subsequently of the name of the site safety representative. The project supervisor for the construction stage must keep available for inspection by an inspector a record of the name of the site safety representative and details of the selection process.
| GIVEN under my hand, this 26th day of October 2001. | |
| TOM KITT, T.D. | |
| ______ | |
| Tom Kitt | |
| Minister of State at the Department of Enterprise, Trade and Employment |
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
The purpose of these Regulations is to amend to the Safety, Health and Welfare at Work (Construction) Regulations, 1995 and to give further effect to the Council Directive 92/57/EEC on the minimum safety and health requirements at temporary or mobile construction sites. The amended Regulations include new provisions for mandatory safety training and safety representation as well as providing for more effective arrangements in ensuring the availability of adequate welfare facilities by requiring the Project Supervisor, Construction Stage, to co-ordinate the provision of these facilities on site.
The Regulations prescribe the main requirements for the protection of the safety, health and welfare of persons working on construction sites.
The Regulations apply to all construction projects as well as to the maintenance of buildings. They place obligations on clients and designers to ensure health and safety is taken into account before any construction work begins. Contractors must ensure that the work on site is properly co-ordinated and carried out in a safe manner.
Footnotes
O.J. L245/6 of 26.8.92
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