S.I. No. 291/2013 - Safety, Health and Welfare at Work (Construction) Regulations 2013

ARRANGEMENT OF REGULATIONS

PART 1 INTERPRETATION AND GENERAL

1. Citation and Commencement .

2. Interpretation .

3. Keeping records .

4. Application .

5. Revocations and savings .

PART 2 DESIGN AND MANAGEMENT

6. Duties of clients — appointments of project supervisors .

7. Duties to ascertain suitability of project supervisor, designer and contractor appointees .

8. Duties of clients, safety file .

9. Duties of clients, safety and health plan .

10. Duties of clients, notification to the Authority .

11. Duties of project supervisor for the design process, co-ordination and cooperation .

12. Duties of project supervisor for the design process, safety and health plan .

13. Duties of project supervisor for the design process, safety file .

14. Powers of project supervisor for the design process to issue directions .

15. Duties of designers .

16. Duties of the project supervisor for the construction stage, safety and health plan .

17. Duties of the project supervisor for the construction stage, co-ordination and cooperation .

18. Duties of the project supervisor for the construction stage, safety adviser .

19. Duties of the project supervisor for the construction stage, safety awareness and skills certification .

20. Powers of the project supervisor for the construction stage to issue directions .

21. Duties of the project supervisor for the construction stage, safety file .

22. Duties of the project supervisor for the construction stage, notification to the Authority .

23. Site safety representative .

PART 3 GENERAL DUTIES OF CONTRACTORS AND OTHERS

24. Duties of contractors .

25. Safety awareness and skills certification .

26. Appointment of safety officers .

27. Erection and installation of plant or equipment .

28. Consultation .

29. Duties of employees and other persons at work .

PART 4 GENERAL SAFETY PROVISIONS

30. Site safety and access to construction sites .

31. Emergency routes and exits .

32. Doors and gates .

33. Traffic routes and danger areas .

34. Stability and solidity .

35. Protection from falling material and protective safety helmets .

36. Loading bays and ramps .

37. Installations, machinery and equipment .

38. Wet paint on ironwork or steelwork .

39. Helmets or crowns for pile driving .

40. Lighting of work places .

41. Prevention of electrocution .

42. Projecting nails and loose material .

43. Construction of temporary structures .

44. Avoidance of danger from collapse of structure .

45. Fire detection and fire fighting .

46. Floors, walls, ceilings and roofs of rooms .

47. Windows and skylights .

48. Freedom of movement at the workstation .

49. Room dimensions and air space in rooms .

50. Specific measures for escalators and travelators .

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

51. Safety precautions .

52. Inspection and examination .

53. Supervision and execution of shoring and other work .

54. Excavations etc. likely to reduce security of a structure .

55. Fencing of excavations, etc.

56. Safeguarding edges of excavations, etc.

PART 6 COFFERDAMS AND CAISSONS

57. Construction and maintenance .

58. Means of egress in case of flooding .

59. Supervision of work and inspection of material .

60. Inspections and examinations .

PART 7 COMPRESSED AIR

61. Interpretation for this Part .

62. Safety precautions and supervision .

63. Plant and equipment .

64. Fitness to work and supervision .

65. Maximum pressure and records .

66. Medical examinations and first aid .

67. Identification badge .

68. Compressions and decompressions .

69. Working chambers .

70. Medical locks .

71. Man-locks .

72. Air-supply .

PART 8 EXPLOSIVES

73. Application of Part 8 .

74. Duties of contractor .

75. Supervision of shotfiring operations and trainee shotfirers and records of appointment .

76. Duties of Explosives Supervisor and shotfirer .

77. Misfires .

78. Prohibited activities .

PART 9 GENERAL HEALTH HAZARDS

79. Health hazards .

80. Atmospheric influences .

81. Ventilation .

82. Temperature .

83. Disposal of waste .

84. Internal combustion engines or dangerous gas .

PART 10 CONSTRUCTION WORK ON OR ADJACENT TO WATER

85. Transport by water .

86. Prevention of drowning .

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

87. Safe operation of vehicles .

88. Rails and rail tracks .

89. Clearance .

90. Riding in insecure positions on vehicles, etc.

91. Vehicles near edge of excavations, etc.

92. Protection of driver .

PART 12 DEMOLITION

93. Application of Part 12 .

94. Safety precautions and supervision .

95. Fire and flooding .

96. Precautions in connection with demolition .

PART 13 ROADS, ETC.

97. Works on roads, footpaths and cycle tracks .

PART 14 CONSTRUCTION SITE WELFARE FACILITIES

98. Shelters and accommodation for clothing and for taking meals .

99. Changing rooms and lockers .

100. Washing facilities .

101. Sanitary conveniences .

102. Accommodation areas .

103. Safe access to places where facilities are provided .

104. Pregnant women and nursing mothers .

105. Persons with disabilities .

SCHEDULE 1 NON-EXHAUSIVE LIST OF WORK INVOLVING PARTICULAR RISKS TO THE SAFETY, HEALTH AND WELFARE OF PERSONS AT WORK

SCHEDULE 2 NON-EXHAUSTIVE LIST OF MATTERS TO BE CONSIDERED IN PARTICULAR AS REGARDS THE APPLICATION OF THE GENERAL PRINCIPLES OF PREVENTION TO CONSTRUCTION WORK UNDER THESE REGULATIONS

SCHEDULE 3 MINIMUM PARTICULARS TO BE NOTIFIED BY THE PROJECT SUPERVISOR FOR THE CONSTRUCTION STAGE TO THE HEALTH AND SAFETY AUTHORITY BEFORE THE CONSTRUCTION WORK BEGINS

SCHEDULE 4 SAFETY AWARENESS SCHEME

SCHEDULE 5 CONSTRUCTION SKILLS CERTIFICATION SCHEME

SCHEDULE 6 PROCEDURE FOR SELECTION OF SITE SAFETY REPRESENTATIVES

SCHEDULE 7 LIST OF MACHINERY

S.I. No. 291 of 2013

SAFETY, HEALTH AND WELFARE AT WORK (CONSTRUCTION) REGULATIONS 2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd August, 2013.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 58 of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) (as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 245 of 2011 )) and for the purpose of giving further effect to Council Directive 92/57/EEC¹ of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites, and after consultation with the Health and Safety Authority, hereby make the following Regulations:

PART 1 INTERPRETATION AND GENERAL

Citation and Commencement

• (2) If, prior to the making of these Regulations,

• (a) a design process for a domestic dwelling, not relating to trade, business or undertaking, has commenced, or

• (b) construction stage for a domestic dwelling, not relating to trade, business or undertaking has commenced,

duties of the client in relation to appointment of a project supervisor for the design process and appointment of project supervisor for the construction stage shall not apply for a period of 12 months.

• (3) These Regulations shall not apply to drilling and extraction in the extractive industries as defined by the Safety, Health and Welfare at Work (Extractive Industries) Regulations 1997 ( S.I. No. 467 of 1997 ).

• (4) These Regulations shall come into operation on 1 August 2013.

Interpretation

“Act” means the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005);

“Act of 1875” means the Explosives Act 1875 ;

“client” means a person for whom a project is carried out;

“confined space” means any place which, by virtue of its enclosed nature creates conditions which give rise to a likelihood of accident, harm or injury of such a nature as to require emergency action due to—

• (a) the presence or the reasonably foreseeable presence of—

• (i) flammable or explosive atmospheres,

• (ii) harmful gas, fume, or vapour,

• (iii) free flowing solid or an increasing level of liquid,

• (iv) excess of oxygen,

• (v) excessively high temperature,

• (b) lack or reasonably foreseeable lack of oxygen;

“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 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, other than drilling and extraction in the extractive industries as defined by the Safety, Health and Welfare at Work (Extractive Industries) Regulations 1997, and includes but is not limited to each of the following:

• (a) the doing of one or more of the following with respect to a structure:

• (i) construction;

• (ii) alteration;

• (iii) conversion;

• (iv) fitting out;

• (v) commissioning;

• (vi) renovation;

• (vii) repair;

• (viii) upkeep;

• (ix) redecoration or other maintenance, including cleaning involving the use of water or an abrasive at high pressure or the use of substances or mixtures classified as corrosive or toxic in accordance with Regulation (EC) No. 1272/2008² of the European Parliament and of the Council on the Classification, Labelling and Packaging of substances and mixtures or of the European Communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations 2004 ( S.I. No. 62 of 2004 );

• (x) de-commissioning, demolition or dismantling;

• (b) the preparation for an intended structure, including but not limited to site clearance, exploration, investigation (but not site survey) and excavation, and the laying or installing of 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 and computer systems, or similar services which are normally fixed within or to a structure;

“contractor” means—

• (a) a contractor or an employer whose employees undertake, carry out or manage construction work, or

• (b) a person who—

• (i) carries out or manages construction work for a fixed or other sum, and

• (ii) supplies materials, labour or both, whether the contractor’s own labour or that of another, to carry out the work;

“contractor responsible for a construction site” includes a contractor responsible for a part of the site over which the contractor has control;

“cycle track” means part of a road, including part of a footway or part of a roadway, which is reserved for the use of pedal cycles and from which all mechanically propelled vehicles, other than mechanically propelled wheelchairs, are prohibited from entering except for the purpose of access to and egress from such a road;

“design” means the preparation of drawings, particulars, specifications, calculations and 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;

“designer” means a person engaged in work related to the design of a project;

“design process” means the process for preparing and designing a project, including alterations to the design and the design of temporary works to facilitate construction of the project;

“detonator” means an initiator for explosives that contains a charge of high explosive fired by means of a flame, spark, electric current or shock tube;

“exploder” means a device designed for firing detonators;

“explosives” means explosive articles or explosive substances;

“explosive article” means an article containing one or more explosive substances;

“explosives store” means a—

• (a) magazine licensed under sections 6 to 8 of the Act of 1875,

• (b) store licensed under section 15 of the Act of 1875, or

• (c) premises registered in accordance with section 21 of the Act of 1875;

“explosive substances” means a solid or liquid substance (or a mixture of substances) which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings;

“FÁS” means An Foras Áiseanna Saothair;

“FETAC award” means an award made by the Further Education and Training Awards Council or a FETAC award awarded by QQI;

“footpath” means a road over which there is a public right of way for pedestrians only, not being a footway;

“footway” means that portion of any road associated with a roadway which is provided primarily for use by pedestrians;

“general principles of prevention” means the general principles of prevention specified in Schedule 3 to the Act;

“inspector” means a person authorised under section 62 of the Act by the Health and Safety Authority or by a person prescribed under section 33 of the Act;

“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;

“misfire” means an occurrence in relation to the firing of shots where—

• (a) testing before firing reveals broken continuity which cannot be rectified, or

• (b) a shot or any part of a shot fails to explode when an attempt is made to fire it;

“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;

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

“project” means an activity which includes or is intended to include construction work;

“project supervisor” means an individual or a body corporate appointed under Regulation 6(1) and responsible for carrying out—

• (a) the appropriate duties specified in these Regulations, and

• (b) other duties that are—

• (i) assigned to the person by the client at the time of appointment, and

• (ii) necessary to allow the client to comply with section 17(1) of the Act;

“QQI” means Quality and Qualifications Ireland;

“road” means a road, as defined in the Roads Act 1993 (No. 14 of 1993);

“roadway” means that portion of a road which is provided primarily for the use of vehicles;

“rolling stock” means a train or any other vehicle with flanged wheels which is designed to operate on rails or a railway;

“safety and health plan” means a plan in writing prepared and developed in accordance with Regulations 12 and 16;

“safety file” means a safety file prepared and completed in accordance with Regulations 13 and 21;

“safety fuse” means a flexible cord that contains an internal burning medium by which fire is conveyed at a continuous and uniform rate for the purpose of firing plain detonators or blackpowder, without initiating burning in a similar fuse that may be in lateral contact alongside;

“shot” means a single shot or a series of shots fired as part of one blast;

“shotfirer” means a person appointed pursuant to Regulation 74 to be responsible for shotfiring operations;

“shotfiring operations” includes—

• (a) checking to ensure that the blasting specification is still appropriate for the site conditions at the time the blasting is to take place,

• (b) mixing explosives,

• (c) priming a cartridge,

• (d) charging and stemming a shothole,

• (e) linking or connecting a round of shots,

• (f) withdrawal and sheltering of persons,

• (g) inspecting and testing a shotfiring circuit,

• (h) firing a shot,

• (i) checking for misfires, and

• (j) destroying surplus explosives;

“structure” means—

• (a) any building, railway line or siding, tramway line, dock, harbour, inland navigation systems, 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 element or assembly of elements, or element or assembly of elements designed to preserve or alter any natural feature, and any other structure similar to the foregoing,

• (b) any formwork, falsework, scaffold or other element or assembly of elements 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.

• (2) Without limiting the application of the definition of “reasonably practicable” in section 2 of the Act in relation to the duties of employers, that definition also applies, for the purposes of these Regulations, in relation to the duties under these Regulations of other persons.

• (3) Where, under these Regulations, a person is required to give directions or make rules, such directions and such rules shall be reasonable in the context of the duty with which the person is required to comply.

• (4) Taking account of the Recognition of Professional Qualifications (Directive 2005/36/EC) Regulations 2008 ( S.I. No. 139 of 2008 ) and in compliance with Directive 2005/36/EC³ , FÁS is responsible for the issue of valid construction skills registration cards, with photographic identification, under Schedule 5 and for the maintenance of a register of the cards issued.

Keeping records

• (a) are kept on the site to which they are relevant, or

• (b) when no relevant works are being carried out on the site, are kept at an appropriate office of—

• (i) the contractor for whom the report was made or the certificate or document was obtained, or

• (ii) the owner of the plant or equipment to which the certificate relates.

• (2) In the case of a construction site where a contractor has reasonable grounds for believing that the work will be completed in a period of less than 30 working days, the records, reports, certificates and other documents referred to in paragraph (1) may be kept, in lieu of being kept at that site, at an appropriate office of the contractor.

• (3) The person having custody of the records required by these Regulations—

• (a) shall ensure that the records are open to inspection by an inspector at all reasonable times, and

• (b) forthwith shall send to any such inspector such extracts from them or copies of them as the inspector may from time to time require for the purpose of the execution of the inspector duties under the Act.

• (4) Subject to paragraph (5), where under these Regulations records, reports, certificates or other documents are required to be made and kept, it is sufficient compliance with the requirement if the person concerned—

• (a) enters the record, report, certificate or other document in an approved form in a computer, and

• (b) duly authenticates it as soon as is practicable afterwards.

• (5) Where under these Regulations records are required to be made and kept by designers, it is sufficient compliance with the requirement if the records are kept in a computer.

Application

• (2) Subject to paragraph (3), Schedule 4 applies to—

• (a) craft and general construction workers,

• (b) persons undertaking on-site security work, and

• (c) persons or classes of persons as may be prescribed by the Minister.

(3)Schedule 4 does not apply to a person involved in the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunication and computer systems, or similar services, where—

• (a) the person is normally domiciled outside the State,

• (b) the person’s normal place of employment is outside the State, and

• (c) the person has not been working on the project for a period in excess of 20 working days in any 12 month period.

• (4) A person mentioned in paragraph (3) shall be in possession of a letter in the English or Irish language from the relevant employer, which letter—

• (a) describes the work to be undertaken,

• (b) states the competence of the person to undertake that work, and

• (c) specifies the commencement date and the anticipated completion date of that work.

• (5) An appointment under these Regulations does not operate to affect any duty imposed on an employer before the making of these Regulations by or under any enactment.

Revocations and savings

• (a) the Safety, Health and Welfare at Work (Construction) Regulations 2006 ( S.I. No. 504 of 2006 ),

• (b) the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2008 ( S.I. No. 130 of 2008 ),

• (c) the Safety, Health and Welfare at Work (Construction) (Amendment) (No. 2) Regulations 2008 ( S.I. No. 423 of 2008 ),

• (d) the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2010 ( S.I. No. 523 of 2010 ),

• (e) the Safety, Health and Welfare at Work (Construction)(Amendment) Regulations 2012 ( S.I. No. 461 of 2012 ), and

• (f) the Safety, Health and Welfare at Work (Construction)(Amendment) (No. 2) Regulations 2012 ( S.I. No. 481 of 2012 ),

• (g) the Safety Health and Welfare at Work (Construction)(Amendment) Regulations2013 ( S.I. No. 182 of 2013 ).

PART 2 DESIGN AND MANAGEMENT

Duties of clients, appointments of project supervisors

• (a) a competent project supervisor for the design process, and

• (b) a competent project supervisor for the construction stage,

and the client shall obtain written confirmation of acceptance of each of the appointments.

• (2) Nothing in paragraph (1) prevents—

• (a) a client being self-appointed as project supervisor if competent to undertake the duties involved, or

• (b) a client appointing one individual or body corporate as project supervisor for both the design process and construction stage if that individual or body corporate is competent to undertake the duties involved.

• (3) A client shall appoint the project supervisor—

• (a) for the design process at or before the start of the design process, and

• (b) for the construction stage before commencement of the construction work.

• (4) An appointment under paragraph (1) shall, as necessary, be made, terminated, changed or renewed.

• (5) Paragraph (1) does not apply unless—

• (a) the work involves a particular risk including but not limited to a risk referred to in Schedule 1,

• (b) more than one contractor is involved, or

• (c) Regulation 10 applies.

• (6) If all of the clients involved in a project agree in writing that one or more but not all of them shall be treated as the client for the purposes of these Regulations—

• (a) the client or clients agreed on shall be subject to all the duties of a client under these Regulations, and

• (b) after that agreement is made, the others shall not be subject to the duties of a client under these Regulations, except the duties under Regulations 8(1) and (3).

• (7) Where a client appoints project supervisors, designers or contractors in relation to construction work on their domestic dwelling and not in the furtherance of a business, trade or undertaking, the project supervisors, designers or contractors must demonstrate to the client that they are competent and have allocated or will allocate adequate resources to enable them to perform their duties imposed under these Regulations or under other relevant statutory provisions prior to any works commencing.

• (8) An appointment of a project supervisor under paragraph (1) does not operate to affect any duty imposed on the client before the making of these Regulations by or under any enactment.

Duties to ascertain suitability of project supervisor, designer and contractor appointees

• (2) A client shall not arrange for a designer to prepare a design unless reasonably satisfied that the designer has allocated or will allocate adequate resources to enable the designer to comply with Regulation 15 prior to any works commencing.

• (3) A client shall not appoint a person as project supervisor for the construction stage for a project unless reasonably satisfied that the person has allocated or will allocate adequate resources to enable the person to perform the duties imposed under these Regulations for that project supervisor position prior to any works commencing.

• (4) A client shall not arrange for a contractor to carry out or manage construction work unless reasonably satisfied that the contractor has the competence to carry out or, as the case may be, manage that construction work and has allocated or will allocate adequate resources to enable the contractor to comply with the requirements and prohibitions imposed on the contractor by or under the relevant statutory provisions prior to any works commencing.

• (5) A person to whom these Regulations apply shall not arrange for a designer to prepare a design unless reasonably satisfied that the designer has the competence to prepare the design and has allocated or will allocate adequate resources to enable the designer to comply with Regulation 15 prior to any works commencing.

• (6) A person to whom these Regulations apply shall not arrange for a contractor to carry out or manage construction work unless reasonably satisfied that the contractor has the competence to carry out or, as the case may be, manage that construction work and has allocated or will allocate adequate resources to enable the contractor to comply with the requirements and prohibitions imposed on the contractor by or under the relevant statutory provisions prior to any works commencing.

Duties of clients, safety file

• (a) any safety file referred to in Regulation 13 or 21, and

• (b) any information delivered to a client in relation to the file for inspection by any person who may need information in the file for—

• (i) the purpose of compliance by that person with any duties imposed under the relevant statutory provisions, or

• (ii) for that person’s own information when carrying out any construction work on the structure to which the safety file relates.

• (2) It is sufficient compliance with paragraph (1) by a client and every subsequent owner of a structure who disposes of the client’s or owner’s interest in the structure involved if the client or subsequent owner delivers the safety file for that structure to the person who acquires the interest.

• (3) A person to whom a safety file is delivered in accordance with paragraph (2) shall keep the safety file available for inspection in accordance with paragraph (1).

• (4) A client shall co-operate with the project supervisor for the design process and the project supervisor for the construction stage, as appropriate, including in relation to the time required for the completion of the project and by providing information to enable the relevant project supervisor to comply with these Regulations.

• (5) The information required to be provided under paragraph (4) is information relating to the state or condition of any structure, including information in a safety file that is—

• (a) prepared in accordance with the relevant statutory provisions,

• (b) relevant to the duties of the project supervisors under these Regulations, and

• (c) either in the client’s possession or could be obtained by the client making enquiries which it is reasonable for a person in the client’s position to make.

Duties of clients, safety and health plan

• (a) being considered for the role of project supervisor for the construction stage, or

• (b) tendering for that role.

(2)(a) For the purposes of construction work to a domestic dwelling, and when the work is not in the furtherance of a trade, business or undertaking, the requirements of paragraph (1) do not apply.

• (b) For the purpose of construction work to a domestic dwelling, the client shall provide or arrange to have provided a copy of the safety and health plan prepared under Regulation 12 to the project supervisor for the construction stage when appointed.

Duties of clients, notification to the Authority

• (a) by registered post, or

• (b) as may be directed from time to time by the Authority,

of those particulars as are known or can be reasonably known about the appointments made in accordance with Regulation 6.

Duties of project supervisor for the design process, co-ordination and cooperation

• (a) take account of the general principles of prevention during the various stages of the design and preparation of a project, in particular—

• (i) when either, or both, technical or organisational aspects are being decided, in order to plan the various items or stages of work which are to take place simultaneously or in succession, and

• (ii) when estimating the time required for completion of a project and, where appropriate, for stages of a project,

• (b) take account of any safety and health plan or safety file, and

• (c) organise co-operation between designers on the same project and, so far as is reasonably practicable, ensure co-ordination of their activities in relation to the design of the project with a view to protecting the safety, health and welfare of persons involved in construction work.

(2)The project supervisor for the design process may appoint a competent person as health and safety co-ordinator for the design process to assist in the undertaking of the duties specified in paragraph (1).

• (3) An appointment of a competent person as health and safety co-ordinator for the design process under paragraph (2) does not operate to affect any duty imposed on the client or the project supervisor before the making of these Regulations by or under any enactment.

Duties of project supervisor for the design process, safety and health plan

• (a) subject to paragraph (2), on a preliminary basis and for the purpose of providing information for the project supervisor for the construction stage, prepare a written safety and health plan that specifies—

• (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,

• (iii) where appropriate, work related to the project which will involve particular risks to the safety, health and welfare of persons at work including but not limited to those referred to in Schedule 1,

• (iv) the basis upon which the time in subparagraph (i) was established, taking into account Regulation 11(1)(a),

• (v) the conclusions drawn by designers and the project supervisor for the design process as regards the taking account of the general principles of prevention and any relevant safety and health plan or safety file, and

• (vi) the location of electricity, water and sewage connections, where appropriate, to facilitate adequate welfare facilities,

• (b) prepare the safety and health plan referred to in subparagraph (a) in time to enable it to be provided in compliance with Regulation 9 to every person being considered or tendering for the role of project supervisor for the construction stage, and

• (c) keep a copy of the safety and health plan referred to in subparagraph (a) available for inspection by an inspector for the duration of the project.

(2)Where notification is not required under Regulation 10, a safety and health plan is required only for sites where the work concerned involves a particular risk, including but not limited to any of those referred to in Schedule 1.

Duties of project supervisor for the design process, safety file

• (a) prepare a written safety file appropriate to the characteristics of the project, containing relevant safety and health information, including any information provided under Regulation 21, to be taken into account during any subsequent construction work following completion of the project, and

• (b) promptly deliver the safety file to the client on completion of the project.

Powers of project supervisor for the design process to issue directions

• (a) may give directions to each person who is a designer, contractor or other relevant person, which directions, if carried out, will assist or enable compliance by the project supervisor with the duties imposed by these Regulations on the project supervisor, and

• (b) shall confirm the directions in writing, including a time frame for their execution, if the project supervisor considers that the person to whom the directions were given has not carried out the directions.

• (2) If, in the opinion of the project supervisor for the design process, a designer, contractor or other relevant person has not carried out directions confirmed in writing under paragraph (1) (b), the project supervisor for the design process shall—

• (a) notify in writing the Authority, the client and the person to whom the direction was given of the opinion of the project supervisor, and

• (b) include with the notification—

• (i) a copy of the written confirmation under paragraph (1)(b), and

• (ii) particulars of the response, if any, made by the designer, contractor or other relevant person to the directions.

• (3) The project supervisor for the design process shall ensure that—

• (a) each confirmation in writing of a direction given under paragraph (1)(b), and

(b)a copy of each associated notification to the Authority referred to in paragraph (2)

is retained with the safety and health plan.

Duties of designers

• (a) take account of—

• (i) the general principles of prevention, and

• (ii) the relevant—

• (I) safety and health plan, and

• (II) safety file

prepared in accordance with these Regulations, and

• (b) provide in writing to the project supervisor for the design process all relevant information necessary for the project supervisor to carry out the project supervisor’s duties under these Regulations.

• (2) In carrying out work related to the design of a particular project, a designer shall—

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

• (b) co-operate with other designers, as appropriate, to enable them to comply with these Regulations in relation to the project, and

• (c) comply with all directions from the project supervisor for the design process or the project supervisor for the construction stage, that are issued pursuant to Regulation 14 or 20, as appropriate.

• (3) In carrying out work related to the design of a particular project, a designer shall promptly provide in writing to the project supervisor for the design process or for the construction stage, whichever is appropriate, all information—

• (a) about the project that is known to the designer regarding particular risks to the safety, health and welfare of persons at work, including but not limited to the risks referred to in Schedule 1,

• (b) regarding the nature and scope of the project to the extent necessary to enable the project supervisor to comply with these Regulations,

• (c) about the project that is necessary for that project supervisor to prepare the safety file, and

• (d) that is known to that person and is necessary to ensure, so far as is reasonably practicable, the safe construction of the design for the project.

• (4) For the purposes of paragraph (3), if no project supervisor is known to the designer to have been appointed for the project, the designer shall provide the information referred to in that provision to the appropriate contractor instead of to a project supervisor.

• (5) If a designer is not aware of the appointment of a project supervisor for the design process, the designer shall promptly inform the client of the client’s duties under Regulation 6.

Duties of the project supervisor for the construction stage, safety and health plan

• (a) further develop, as necessary, before the commencement of the construction work, the safety and health plan for the construction site prepared under Regulation 12, in this Regulation called “the plan”,

• (b) make adjustments to the plan where required to take account of the progress of the work and any changes which occur,

• (c) take account as regards the plan, at all times during the construction stage, of section 20 of the Act and of other work activities taking place on the site,

• (d) include in the plan specific measures concerning work which involves a particular risk, including but not limited to any risk referred to in Schedule 1,

• (e) include in the plan, rules for the execution of the construction work which rules are required for the purposes of the safety, health and welfare of persons at work, and

• (f) ensure that the plan and any rules contained in it are in writing and that they are brought to the attention of all contractors and other relevant persons who may be affected by them.

Duties of the project supervisor for the construction stage, co-ordination and cooperation

• (a) co-ordinate the implementation during construction of the general principles of prevention when—

• (i) deciding technical or organisational aspects, and

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

• (b) co-ordinate the implementation of any relevant requirements of these Regulations in order that contractors and others—

• (i) apply the general principles of prevention in a consistent manner, in particular as regards the matters specified in Schedule 2 to these Regulations,

• (ii) monitor the consistent application of subparagraph (i), and

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

• (c) organise cooperation between contractors (including successive contractors on the same site) and others and the 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 and monitor such cooperation and co-ordination,

• (d) organise the implementation of section 21 of the Act, in particular in relation to the provision of information, monitor such implementation and, if information provided is inadequate, take appropriate corrective action as set out in Regulation 20,

• (e) coordinate the implementation by contractors of Regulation 24(d) in relation to any accident or dangerous occurrence and keep available for inspection a record of any information provided to the project supervisor under that Regulation, and

• (i) monitor such coordination, and

• (ii) if the Authority requests information in relation to that record, comply with the request as soon as possible,

• (f) provide access to appropriate information regarding safety, health and welfare required under this Regulation to the site safety representative,

• (g) coordinate arrangements for checking the implementation of safe working procedures and monitor the implementation of those arrangements, and

• (h) coordinate measures to permit authorised persons only on to the construction site and monitor such coordination.

(2)(a) The project supervisor for the construction stage may appoint a competent person as health and safety co-ordinator for the construction stage to assist in undertaking the duties specified in Regulation 16 and in this Regulation.

• (b) An appointment of a competent person as health and safety co-ordinator for the construction stage under paragraph (2)(a) does not operate to affect any duty imposed on the client or the project supervisor before the making of these Regulations by or under any enactment.

• (3) The project supervisor for the construction stage shall—

• (a) coordinate arrangements which facilitate the provision and maintenance, in an appropriate condition, of site welfare facilities for all persons at work on the construction site, in accordance with Part 14, and

• (b) monitor the implementation of the arrangements.

• (4) The project supervisor for the construction stage shall take appropriate corrective action as set out in Regulation 20 where contractors or others do not comply with one or more of paragraphs (1) (b) to (e), (g) and (h) and (3) (b) of this Regulation.

• (5) The project supervisor for the construction stage shall maintain and keep available for inspection a record of the names of persons at work at the construction site to whom Regulation 19 applies as provided by each contractor under Regulation 25(2).

• (6) The project supervisor for the construction stage shall also comply with Regulation 87(2), if applicable.

Duties of the project supervisor for the construction stage, safety adviser

• (a) advise the project supervisor and contractors as appropriate as to the observance of the requirements of the relevant statutory provisions, and

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

Duties of the project supervisor for the construction stage, safety awareness and skills certification

• (a) coordinate arrangements to ensure that persons at work on the construction site to whom Regulation 4(2) applies are each in possession of a valid safety awareness registration card referred to in Schedule 4,

• (b) coordinate arrangements to ensure that those persons who engage in tasks specified in Schedule 5 are each in possession of an appropriate valid construction skills registration card referred to in that Schedule, and

• (c) monitor the implementation of the arrangements and take any necessary corrective action as set out in Regulation 20.

Powers of the project supervisor for the construction stage to issue directions

• (a) may give directions to each person who is a contractor, designer, or other relevant person, which directions, if carried out, will assist or enable compliance by the project supervisor with the duties imposed by these Regulations on the project supervisor, and

• (b) shall confirm the directions in writing, including a time frame for their execution, if the project supervisor considers that the person to whom the directions were given has not carried out the directions.

• (2) If, in the opinion of the project supervisor for the construction stage, a contractor, designer, or other relevant person has not carried out directions confirmed in writing under paragraph (1)(b), the project supervisor shall—

• (a) notify in writing the Authority, the client and the person to whom the direction was given of the alleged failure, and

• (b) include with the notification—

• (i) a copy of the written confirmation under paragraph (1)(b), and

• (ii) particulars of the response, if any, made by the contractor, designer or other relevant person to the directions.

• (3) The project supervisor for the construction stage shall ensure that a copy of each—

• (a) confirmation in writing of a direction given under paragraph (1), and

• (b) associated notification to the Authority referred to in paragraph (2) is retained with the safety and health plan.

Duties of the project supervisor for the construction stage, safety file

• (a) coordinate arrangements among contractors to ensure the provision of relevant information, in writing, necessary for the project supervisor for the design process to complete the safety file referred to in Regulation 13, monitor the implementation of the arrangements and take any necessary corrective action, as set out in Regulation 20, and

(b)provide in writing to the project supervisor for the design process all relevant information necessary for that project supervisor to complete the safety file referred to in Regulation 13.

Duties of the project supervisor for the construction stage, notification to the Authority

• (a) by registered post, or

• (b) as may be directed from time to time by the Authority.

• (2) The project supervisor 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 paragraph (1).

Site safety representative

• (a) co-ordinate 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 safety, health and welfare on the construction site and in ascertaining the effectiveness of such measures, taking account of section 26 of the Act, and

• (b) facilitate, where more than 20 persons are normally employed at any one time on a construction site at any stage of a project, in co-operation 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 Schedule 6.

• (2) The project supervisor for the construction stage shall ensure that a site safety representative, for the purposes of performing functions relating to safety, health and welfare at a construction site, has access to—

• (a) the risk assessment carried out under section 19 of the Act,

• (b) information relating to accidents and dangerous occurrences required to be reported under the relevant statutory provisions, and

• (c) any information arising from protective and preventive measures taken under the relevant statutory provisions or provided by—

• (i) the Authority,

• (ii) a person prescribed under section 33 of the Act, or

• (iii) a person referred to in section 34(2) of the Act.

• (3) The project supervisor for the construction stage shall inform the site safety representative when an inspector enters the construction site for the purpose of carrying out an inspection.

• (4) The project supervisor for the construction stage shall—

• (a) inform the site safety representative of the time and venue of all site safety meetings, and

• (b) facilitate the attendance of the site safety representative at the meetings.

• (5) A site safety representative for a construction site may inspect the whole or any part of the construction site—

• (a) after giving reasonable notice to the project supervisor for the construction stage and to the contractor employing the site safety rep-resentative, or

• (b) immediately, in the event of an accident, dangerous occurrence or imminent danger or risk to the safety, health and welfare of any person.

• (6) The project supervisor for the construction stage, the contractor employing the site safety representative and the site safety representative, having regard to the nature and extent of the hazards at the construction site, shall agree as to the frequency of inspections to be carried out under paragraph (5), which agreement shall not be unreasonably withheld by the project supervisor or the contractor.

• (7) A site safety representative may—

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

• (b) after giving of reasonable notice to the project supervisor for the construction stage and to the contractor employing the site safety representative, investigate complaints relating to safety, health and welfare at work made by any employee whom he or she represents,

• (c) accompany an inspector who is carrying out an inspection of the construction site under section 64 of the Act other than an inspection for the purpose of investigating an accident or dangerous occurrence,

• (d) at the discretion of the inspector concerned, accompany an inspector who is carrying out an inspection of the construction site under section 64 of the Act for the purpose of investigating an accident or dangerous occurrence,

• (e) at the discretion of the inspector concerned, where an employee is interviewed by an inspector with respect to an accident or dangerous occurrence at the construction site, attend the interview at the request of the employee,

• (f) on any matter relating to safety, health and welfare at the construction site, make representations to the project supervisor for the construction stage and to any contractor on the construction site,

• (g) make oral or written representations to inspectors on matters relating to safety, health and welfare at the construction site including, but not limited to, the investigation of accidents or dangerous occurrences,

• (h) receive advice and information from inspectors on matters relating to safety, health and welfare at the construction site, or

• (i) consult and liaise on matters relating to safety, health and welfare at work with any other safety representatives who may be appointed at the construction site concerned.

• (8) The project supervisor for the construction stage and, as appropriate, any contractor involved in the project shall take account of any representations made to the project supervisor 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.

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

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

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

PART 3 GENERAL DUTIES OF CONTRACTORS AND OTHERS

Duties of contractors

• (a) comply with Parts 3 to 14,

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

• (c) provide promptly to the project supervisor for the construction stage any site specific information, including any relevant extract from their safety statement prepared under Section 20 of the Act, that:

• (i) is likely to affect the safety, health or welfare of any person at work on the construction site, or

• (ii) might justify a review of the safety and health plan,

• (d) provide the project supervisor for the construction stage with—

• (i) information in relation to any accident or dangerous occurrence of which the contractor is required, under the relevant statutory provisions, to give notification or to report, and

• (ii) a copy of the required notification or report,

• (e) promptly provide the project supervisor for the construction stage, in writing, with all relevant information necessary to prepare the safety file,

• (f) comply with directions given under these Regulations by the project supervisor for the design process or by the project supervisor for the construction stage,

• (g) bring to the attention of the contractor’s employees any rules applicable to them contained in the safety and health plan,

• (h) comply with the safety and health plan and any rules in the plan that are applicable to the contractor or to the contractor’s employees,

• (i) ensure, so far as is reasonably practicable, compliance by the contractor’s employees with the rules referred to in paragraph (h),

• (j) apply, where appropriate, the general principles of prevention in a consistent manner, in particular in relation to the matters specified in Schedule 2, in order to protect the safety, health and welfare of persons at work, and

• (k) facilitate the performance by the site safety representative of the functions of the site safety representative under Regulation 23.

• (2) If a contractor is not aware of the appointment of project supervisors, the contractor shall promptly inform the client of the client’s duties under Regulation 6.

Safety awareness and skills certification

• (a) is in possession of a valid safety awareness registration card referred to in Schedule 4 if Regulation 4(2) applies to the worker,

• (b) is in possession of an appropriate valid construction skills registration card referred to in Schedule 5 if the worker engages in any of the tasks specified in that Schedule, and

• (c) has received site-specific safety induction instruction if Regulation 4(3) applies to the worker.

• (2) On the date upon which a worker first commences work on a construction site, the contractor or other person under whose direct control the worker is working shall—

• (a) ask to see the appropriate valid registration card referred to in para-graph (1), and

• (b) furnish to the project supervisor for the construction stage written confirmation that the worker is in possession of—

• (i) the valid registration card, and

• (ii) other relevant certificates and documentation required under the relevant statutory provisions.

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 requirements of the relevant statutory provisions and the promotion of the safe conduct of work generally;

• (c) to co-operate with any safety adviser appointed under Regulation 18 in relation to safety, health and welfare at work on the project.

• (2) The duties assigned to any person appointed under paragraph (1), including 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 as safety officer under this Regulation for a group of sites or 2 or more contractors from jointly so appointing the same person or persons.

• (4) Nothing in these Regulations shall be construed as preventing a person appointed as a safety adviser under Regulation 18 on a particular site being appointed as a safety officer for that site in accordance with this Regulation.

Erection and installation of plant or equipment

• (a) erect, install, modify, work or use any plant or equipment to which any of the relevant statutory provisions apply in a manner which complies with those provisions, and

• (b) erect or alter any scaffold in a manner which complies with any relevant requirements of any of the relevant statutory provisions, having regard to the purpose or purposes for which the scaffold is designed at the time of erection or alteration.

Consultation

• (a) employees,

• (b) the safety representatives of the different contractors, and

• (c) the site safety representative

with a view to promoting and developing measures for protecting safety, health and welfare of persons at work on the site.

Duties of employees and other persons at work

• (a) comply with these Regulations,

• (b) co-operate in carrying out the requirements of these Regulations,

• (c) report without unreasonable delay any defect, discovered by the person, in the plant or equipment to which these Regulations apply, which might endanger safety, health and welfare, to the person’s employer or immediate supervisor, or to the contractor responsible for the plant or equipment,

• (d) comply with all rules applicable to the person in the safety and health plan,

• (e) make proper use of any safety helmet, harness or any other personal protective equipment provided for the person’s safety and health,

• (f) make proper use of any work equipment supplied, and

• (g) show relevant registration cards referred to in Regulations 19 and 25 when requested by the person’s employer or the project supervisor for the construction stage.

• (2) A person shall not—

• (a) in applying for a registration card or certificate as referred to in Schedules 4 and 5, make a statement which the person applying knows to be false,

• (b) with intent to deceive, forge or alter a registration card or certificate referred to in paragraph (a), or

• (c) with intent to deceive, make, supply or possess any document closely resembling a registration card or certificate required in accordance with these Regulations.

PART 4 GENERAL SAFETY PROVISIONS

Site safety and access to construction sites

• (2) A contractor responsible for a construction site shall ensure for that site that—

• (a) the surroundings and the perimeter are laid out so as to be clearly visible and identifiable and have appropriate signboards,

• (b) safe means of access to and egress from are—

• (i) provided and maintained, and

• (ii) indicated where appropriate, and

• (c) appropriate precautions are taken to protect persons present, at or in the vicinity of the site, from risks which may arise from such site, for example, by the provision of appropriate barriers, where necessary, to prevent unauthorised entry.

Emergency routes and exits

• (2) A contractor responsible for a construction site shall ensure for that site that—

• (a) emergency routes and exits remain clear of obstruction and lead as directly as possible to a safe area,