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

• (b) in the event of danger, it is possible for persons to evacuate their workstations quickly and as safely as possible,

• (c) the number, distribution and dimensions of emergency routes and exits are adequate, taking into account the use, equipment and dimensions of the site and of the rooms and the maximum number of persons that may be present,

• (d) specific emergency routes and exits are indicated by signs in accordance with the relevant statutory provisions applying to safety and health signs at work,

• (e) emergency routes and exits, and the traffic routes and doors giving access to them, are free from obstruction so that they can be used at any time without hindrance, and

• (f) emergency routes and exits requiring illumination are provided with emergency lighting of adequate intensity in case the lighting fails.

Doors and gates

• (a) sliding doors are fitted with safety devices to prevent them from being derailed and falling over,

• (b) doors and gates opening upwards are fitted with a mechanism to secure them against falling back,

• (c) doors and gates along escape routes are appropriately marked,

• (d) in the immediate vicinity of gates intended primarily for vehicle traffic, there are doors for pedestrian traffic, unless it is safe for pedestrians to cross, and such doors are clearly marked and kept free at all times,

• (e) mechanical doors and gates operate without any risk of accident to persons at work,

• (f) doors and gates are fitted with stop devices which are easily identifiable and accessible and, unless they open automatically in the event of a power-cut, it is possible for them to be opened manually, and

• (g) in the case of indoor workstations on construction sites—

• (i) the position, number and dimensions of doors and gates, and the materials used in their construction, are determined by the nature and use of the rooms or areas,

• (ii) transparent doors are appropriately marked at a conspicuous level, and swing doors and gates are transparent or have see-through panels,

• (iii) 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 are protected against breakage,

• (iv) emergency doors open outwards,

• (v) emergency doors are not 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, and

• (vi) sliding or revolving doors are not used as emergency exits.

Traffic routes and danger areas

• (a) traffic routes, including stairs, fixed ladders and loading bays and ramps, are 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,

• (b) routes used for pedestrian traffic or goods traffic, or for both, including those used for loading and unloading are dimensioned in accordance with the number of potential users and the type of activity concerned,

• (c) if means of transport are used on traffic routes, a sufficient safety clearance or adequate protective devices are provided for other site users, and routes are clearly marked, regularly checked and properly maintained,

• (d) sufficient clearance is allowed between vehicle traffic routes and doors, gates, passages for pedestrians, corridors and staircases,

• (e) if the site includes limited access areas, these are—

• (i) equipped with devices to prevent persons at work who are not authorised to enter such areas from entering,

• (ii) appropriate measures are taken to protect persons who are authorised to enter the danger areas, and

• (iii) danger areas are clearly signposted, and

• (f) traffic routes are clearly identified where the use and equipment of rooms in indoor workstations on construction sites so requires for the protection of persons at work.

Stability and solidity

• (a) materials, equipment and any component which, when moving in any way, may affect the safety, health and welfare of persons at work are stabilised in an appropriate and safe manner,

• (b) access to any surface involving insufficiently resistant materials is not authorised unless appropriate equipment or means are provided to enable the work to be carried out safely, and

• (c) high-level or low-level movable or fixed outdoor workstations are solid and stable, taking account of the—

• (i) number of persons occupying them,

• (ii) maximum loads they may have to bear and the weight distribution, and

• (iii) outside influences to which they may be subject.

• (2) If the support and the other components of the workstations referred to in paragraph (1)(c) are not intrinsically stable, the relevant contractor shall ensure that—

• (a) their stability is ensured by appropriate and safe methods of fixing to avoid any untimely or spontaneous movement of the whole or of parts of the workstations, and

• (b) their stability and solidity are checked appropriately, especially after any change in the height or depth of the workstation.

• (3) The relevant contractor shall ensure that premises containing indoor workstations on construction sites have a structure and stability appropriate to the nature of their use.

Protection from falling material and protective safety helmets

• (a) adequate measures are taken to prevent persons at work from being struck by any falling material or article,

• (b) wherever technically feasible, persons are protected by collective methods against falling objects,

• (c) materials and equipment are laid out or stacked in such a way as to prevent their collapsing or overturning, and

• (d) where necessary, there are covered passageways on the site or access to danger areas is prevented.

• (2) Every contractor shall ensure that every person under the contractor’s direct control who is carrying out construction work is provided with a suitable—

• (a) protective safety helmet, or

• (b) other head protection

unless there is no foreseeable risk of injury to the head other than by falling.

• (3) Every contractor shall ensure that—

• (a) every protective safety helmet or other head protection that is provided pursuant to this Regulation for use on a construction site is marked with a distinguishing mark used to identify it in relation to the person to whom it has been issued, and

• (b) the helmet or other head protection is not issued to any other person unless and until it has been cleaned and disinfected.

• (4) On a construction site, a person shall not throw, drop or allow to be shot or ejected downwards any scaffold materials or tools or any other materials or objects, including waste materials, from a height where they are liable to cause injury.

• (5) Where practicable a person who moves any scaffold materials, tools or other objects, including waste materials, from a height on a construction site where they are liable to cause injury, shall cause them to be properly lowered.

• (6) A contractor responsible for a construction site shall ensure for that site that adequate steps are taken to protect persons at work from falling or flying debris where—

• (a) proper lowering under paragraph (5) is not practicable, or

• (b) any part of a building or other structure is being demolished or removed.

Loading bays and ramps

• (a) loading bays and ramps are suitable for the dimensions of the loads to be transported,

• (b) loading bays have at least one exit point, and

• (c) loading ramps are sufficiently safe to prevent persons at work from falling off.

Installations, machinery and equipment

• (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 only by persons who have received appropriate training.

Wet paint on ironwork or steelwork

• (2) A person shall not walk or work or require or permit another person to walk or work on erected—

• (a) ironwork, or

• (b) steelwork

on which the paint, other than paint for the purpose of jointing, is wet.

Helmets or crowns for pile driving

Lighting of work places

• (a) every place and the approach to that place on that site is adequately and suitably lighted if, at that place—

• (i) persons are at work and, in particular, every such place and approach where raising or lowering operations with the use of a lifting appliance are in progress, or

• (ii) there are openings dangerous to persons at work,

• (b) workstations, rooms and traffic routes are provided with—

• (i) sufficient natural lighting, as far as possible, and

• (ii) appropriate and sufficient artificial lighting at night and when natural daylight is inadequate,

• (c) where necessary portable light sources that are protected against impact are used,

• (d) indoor workstations on construction sites—

• (i) as far as possible, have natural light, and

• (ii) are equipped with the means of providing artificial lighting

which is sufficient for the purposes of protecting the safety, health and welfare of persons at work,

• (e) the colour of artificial light used on the construction site does not alter or affect the perception of signals or signboards in any way that endangers the safety and health of persons at work,

• (f) lighting installations for rooms, workstations and traffic routes are 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, and

• (g) rooms, workstations and traffic routes, where persons at work are especially exposed to risks in the event of failure of artificial lighting, are provided with emergency lighting of adequate intensity.

Prevention of electrocution

• (a) whenever possible, where overhead power lines exist, they are redirected away from the area of the site or else that the current is cut off,

• (b) if compliance with paragraph (a) is not possible, barriers and notices are provided, as appropriate, to ensure that vehicles and installations are kept away,

• (c) suitable warnings and suspended protections are provided where vehicles have to pass beneath overhead power lines,

• (d) energy distribution installations are designed, constructed and used so as not to present a fire or explosion hazard,

• (e) persons at work are adequately protected against the risk of electro-cution caused by direct or indirect contact,

• (f) the design, construction and choice of equipment and protection devices 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,

• (g) on-site outdoor energy distribution installations are regularly checked and maintained, and

• (h) outdoor installations existing on the site before the construction work began are identified, checked and clearly signposted.

Projecting nails and loose material

• (a) is not used in any work to which these Regulations apply if the timber or material is a source of danger to persons at work, and

• (b) is not allowed to remain in any place where it is a source of danger to persons at work.

Construction of temporary structures

• (a) is of good design and construction and of adequate strength and stability, and

• (b) is of sound material, free from patent defect and properly maintained.

Avoidance of danger from collapse of structure

• (a) metal or concrete frameworks and their components, shutterings, prefabricated components, temporary supports, false work and buttresses are erected and dismantled only under the supervision of a competent person,

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

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

• (d) all practicable precautions are taken by shoring, or otherwise, to prevent danger to any person at work from—

• (i) the collapse of a building or structure, or

• (ii) the fall of any part of a building or structure

where any work is likely to reduce the security or stability of any part of an existing building or structure or of a building or structure in the course of construction.

Fire detection and fire fighting

• (2) A contractor responsible for a construction site, depending on 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, shall provide or cause to be provided on the site an adequate number of—

• (a) appropriate fire-fighting devices, and

• (b) where required, fire detectors and alarm systems.

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

• (a) fire-fighting devices, fire detectors and alarm systems are regularly checked and properly maintained,

• (b) appropriate tests and drills take place at regular intervals,

• (c) non-automatic fire-fighting equipment is easily accessible and easy to use, and

• (d) fire fighting equipment is indicated by signboards in accordance with the relevant statutory provisions applying to safety and health signs at work.

Floors, walls, ceilings and roofs of rooms

• (a) in the case of indoor workstations, the floors have no dangerous bumps, holes or slopes and are fixed, stable and not slippery,

• (b) the surfaces of floors, walls and ceilings in rooms can be cleaned or refurbished to an appropriate standard of hygiene, and

• (c) transparent or translucent walls, in particular all-glass partitions, in rooms or in the vicinity of workstations and traffic routes are—

• (i) clearly indicated,

• (ii) made of safety material, or

• (iii) shielded from workstations and traffic routes to prevent persons at work from coming into contact with walls or being injured if the walls shatter.

Windows and skylights

• (a) it is possible for persons at work to open, close, adjust or secure windows, skylights and ventilators in a safe manner, and

• (b) the windows, skylights and ventilators when open are not positioned so as to constitute a hazard to persons at work.

• (2) A contractor responsible for a construction site shall ensure for that site that windows and skylights are—

• (a) of a design, or

• (b) are otherwise fitted with devices

so that when used in conjunction with equipment they may be cleaned without risk to the safety, health or welfare of persons carrying out this work or of other persons present.

Freedom of movement at the workstation

Room dimensions and air space in rooms

Specific measures for escalators and travelators

• (a) function safely, and

• (b) are equipped with any necessary safety devices and with easily identifiable and accessible emergency shut-down devices.

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

Safety precautions

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

• (b) guard against dangers arising from the fall of materials or objects or the inrush of water, mud, sand or other material that may flow into the excavation, shaft, earthworks, underground works or tunnel,

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

• (d) guard against the occurrence of fire or flooding,

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

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

• (g) provide a safe means of access to and egress from each place of work.

(2)Paragraph (1)(a) does not apply to any excavation, shaft or earthwork where, having regard to the nature and slope of the sides of the excavation, shaft or earthwork and other circumstances, a fall or dislodgement of earth or other material which would strike, bury or trap a person is not liable to occur.

• (3) Where a person is engaged in shoring or other work carried out for the purpose of compliance with paragraph (1) (a), the relevant contractor shall take measures to ensure, so far as reasonably practicable, that appropriate precautions are taken to ensure the safety and health of the person so engaged.

Inspection and examination

• (a) every part of any excavation, shaft, earthwork, underground works or tunnel where persons are at work is inspected by a competent person at least once in every day during which persons are at work therein, and

• (b) the face of every tunnel, the working end of every trench more than 2 metres deep and the base and crown of every shaft are each inspected by a competent person at the commencement of every shift.

• (2) Subject to paragraph (4), a contractor responsible for a construction site shall ensure for that site that no person is permitted to work in any excavation, shaft, earthwork, underground work or tunnel unless a thorough examination has been carried out by a competent person—

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

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

• (c) of every part of it within the immediately preceding 7 days.

• (3) On the day of an examination required under paragraph (2), the person carrying out the examination shall make and sign a report of the results of the examination in an approved form.

• (4) This Regulation does not apply on a construction site—

• (a) to any excavation, shaft or earthwork where, having regard to the nature and slope of the sides of the excavation, shaft or earthwork and other circumstances, a fall or dislodgement of earth or other material which—

• (i) would bury or trap a person, or

• (ii) would strike a person from a height of more than 1.25 metres

is not likely to occur, or

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

Supervision and execution of shoring and other work

• (a) shoring or other support for any part of an excavation, shaft, earthwork, underground work or tunnel is not erected, substantially added to, altered or dismantled, except—

• (i) under the direction of a competent person, and

• (ii) so far as is practicable, by persons possessing adequate experience of such work,

• (b) all material for shoring or other support as described in paragraph (a) is inspected by a competent person on each occasion before being taken into use,

• (c) material found defective in any respect is not used,

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

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

Excavations etc. likely to reduce security of a structure

• (a) commence or continue, or

• (b) allow to be commenced or continued

on that site, any excavation, shaft, earthwork, underground works or tunnel likely to endanger any employee or other person at work by reducing the security or stability of any part of any temporary or permanent structure, on or adjacent to the site, unless adequate steps are taken, both before and during the progress of the work, to prevent danger to the employee or other person from collapse of the structure or the fall of any part of it.

Fencing of excavations, etc

• (a) has a suitable barrier placed as close as is practicable to the edge, or

• (b) is securely covered.

• (2) Paragraph (1) does not apply to any part of an excavation, shaft, pit or opening while, and to the extent to which—

• (a) the absence of the barrier and covering is necessary for the access of persons or for the movement of plant or equipment or materials, or

• (b) it has not up to then been practicable to erect the barrier or covering since the formation of that part of the excavation, shaft, pit or opening.

• (3) Where such barriers or coverings are not yet in place, the relevant contractor shall ensure that all appropriate measures are taken, so far as is reasonably practicable, to prevent persons from falling into the shaft, pit or opening.

Safeguarding edges of excavations, etc

• (a) shall ensure that material is not placed or stacked on the site near the edge of any excavation, shaft, pit or opening in the ground where it is likely to endanger persons at work below,

• (b) shall not on the site—

• (i) place or move, or

• (ii) allow to be placed or moved

any load, vehicle, plant or equipment near the edge of any excavation, shaft, pit or opening in the ground where it is likely to cause a collapse of the side of the excavation, shaft, pit or opening and thereby endanger any person at work, and

• (c) if necessary, shall ensure that appropriate barriers are provided.

PART 6 COFFERDAMS AND CAISSONS

Construction and maintenance

• (a) of good design and construction,

• (b) of suitable, solid and sound material,

• (c) free from patent defect,

• (d) of adequate strength, and

• (e) properly maintained.

Means of egress in case of flooding

Supervision of work and inspection of material

• (a) no cofferdam or caisson or part of one is constructed, placed in position, substantially added to, altered or dismantled, except—

• (i) under the immediate supervision of a competent person, and

• (ii) so far as is practicable by persons possessing adequate experience of the work,

• (b) all material used for the construction or fixing of a cofferdam or caisson is inspected by a competent person on each occasion before being taken into such use, and

• (c) material which is unsuitable or defective in any respect is not used.

Inspections and examinations

• (a) inspected by a competent person at least once every day during which persons are working in the cofferdam or caisson, and

• (b) thoroughly examined by a competent person—

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

• (ii) where the cofferdam or caisson has been substantially damaged, and

• (iii) in any other case, at least once within the immediately preceding 7 days.

• (2) A person who carries out an examination made pursuant to this Regulation shall, on the day of the examination, make and sign a report, in an approved form, of the results of the examination.

• (3) Where persons are engaged on a construction site in the construction, placing, repairing or alteration of a cofferdam or caisson or carrying out inspections or examinations required by paragraph (1), this Regulation does not apply if appropriate precautions are taken, so far as is reasonably practicable, to ensure their safety and health.

PART 7 COMPRESSED AIR

Interpretation for this Part

Safety precautions and supervision

• (a) appropriate precautions, arrangements and procedures are adopted, and

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

Plant and equipment

• (a) of good design and construction,

• (b) of sound material and adequate strength,

• (c) free from patent defect,

• (d) properly maintained and used, and

• (e) suitable for the purpose for which they are used.

Fitness to work and supervision

• (a) work in compressed air is carried out only by persons who have been medically examined and found fit for the work,

• (b) work in compressed air is carried out only when a competent person is present to supervise and take charge of the operations, and

• (c) no person is permitted to work in compressed air unless properly instructed and informed as to the precautions to be taken in connection with the work.

Maximum pressure and records

• (a) no person working in compressed air is subjected to a pressure exceeding 3.5 kg/cm2 except in emergencies, and

• (b) for every shift a record is kept showing the time each person working in compressed air spends in the working chamber and the time taken for decompression.

Medical examinations and first aid

• (a) medically examined, within the previous 4 weeks, by a registered medical practitioner familiar with compressed air work, and

• (b) certified by the registered medical practitioner as being fit for such work.

• (2) A contractor responsible for a construction site shall ensure that persons who work continuously for more than 10 hours per week in compressed air on the site—

• (a) at a pressure of not more than 1.5 kg/cm2 are medically re-examined every 2 months, or

• (b) at a pressure of more than 1.5 kg/cm2 are medically re-examined at intervals to be assessed by a registered medical practitioner to the extent that a shorter interval than under subparagraph (a) is considered appropriate.

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

• (a) persons are medically re-examined if they have been absent from work in compressed air for any period due to illness or for 10 days or more for reasons other than illness,

• (b) for every project where persons work in compressed air, a registered medical practitioner, a nurse, or a trained first-aid attendant, familiar with compressed air work, shall be available at all times, and

• (c) when persons work in compressed air at a pressure exceeding 1.25 kg/cm2, a neighbouring hospital is informed of the location of the site and of the name and address of the registered medical practitioner exercising medical supervision.

Identification badge

• (a) indicating that the person has worked in compressed air and giving the address of the medical lock at the place of work, and

• (b) stating 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, are provided for persons working in compressed air,

• (b) any person who has not previously worked in compressed air is not subjected 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) the pressure is not raised during compression to more than 0.35 kg/cm2 until the man-lock attendant has ascertained that no person is complaining of discomfort, and thereafter the pressure is raised at a rate not exceeding 0.7 kg/cm2 per minute, and

• (d) if during compression any person is suffering from discomfort, compression is stopped and the pressure gradually reduced.

Working chambers

• (a) every working chamber is provided with a wet-bulb thermometer,

• (b) work under pressure when the wet-bulb temperature exceeds 28°C is restricted unless it is absolutely necessary, and

• (c) while any person is in a working chamber, the door between the chamber and a man-lock leading to a lower pressure, so far as is practicable, is kept open if the lock is not in use.

Medical locks

• (a) if the pressure in a working chamber ordinarily exceeds 1.25 kg/cm2, a suitable medical lock conveniently situated is provided solely for the treatment of persons at work in compressed air,

• (b) the medical lock has 2 components so that it can be entered under pressure, and

• (c) while any person is at work in compressed air a medical lock is in the charge of a suitably qualified person.

Man-locks

• (a) 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,

• (b) a clock or clocks so placed that the man-lock attendant and the persons in the man-lock can readily ascertain the time,

• (c) efficient means of verbal communication between the man-lock attendant, the man-lock and the working chamber or chambers,

• (d) means of enabling the persons in the man-lock to convey visible or other non-verbal signals to the man-lock attendant, and

• (e) 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.

• (2) The relevant contractor shall ensure that persons in every man-lock on a construction site are not able to reduce the air pressure except—

• (a) under the control of the man-lock attendant, or

• (b) in an emergency, by special means that should normally be kept sealed or locked.

• (3) The relevant contractor shall ensure that in every man-lock on a construction site there is a suitable notice indicating the precautions to be taken by persons during compression and decompression, and after decompression.

• (4) The relevant contractor shall ensure that every man-lock on a construction site, while any person is in the man-lock or in any working chamber to which it affords direct or indirect access, is in the charge of an attendant who—

• (a) controls compression and decompression in the man-lock, and

• (b) if the pressure exceeds 1.25 kg/cm2, keeps a register showing—

• (i) the times at which each person enters and leaves the man-lock,

• (ii) the pressures at the times of entering and leaving, and

• (iii) the times taken to decompress each person.

Air-supply

• (a) at the pressure in the chamber, and

• (b) at not less than 0.3m3 per minute per person in the chamber.

PART 8 EXPLOSIVES

Application of Part 8

Duties of contractor

• (a) so far as is reasonably practicable, ensure that all explosives used or to be used on the site are stored, transported, used and disposed of safely and securely,

• (b) appoint in writing one or more competent persons, each known in these Regulations as an “Explosives Supervisor” to organise and supervise all work at the site involving the use of explosives and obtain confirmation in writing of acceptance of the appointments,

• (c) appoint in writing one or more competent persons as shotfirers and trainee shotfirers at the construction site,

• (d) appoint in writing, where necessary, one or more competent persons as storekeepers to ensure the safe storage and transport of explosives at the construction site,

• (e) ensure that a record of the appointment at the construction site of any explosive supervisor, shotfirer and storekeeper is kept at the construction site or some other suitable place for the period of his or her appointment and for 3 years following the termination of his or her appointment,

• (f) ensure that, at any given time, there is only one person acting as the Explosives Supervisor at the site,

• (g) ensure that shotfiring operations on the site are carried out by a competent shotfirer or, subject to Regulation 75, by a trainee shotfirer acting under the supervision and direction of a competent shotfirer,

• (h) ensure that the competent shotfirer is in possession of a valid constructions skills registration card for that task as referred to in Schedule 5,

• (i) ensure that suitable and sufficient rules, known in these Regulations as “shotfiring rules”, are made which lay down in writing procedures for—

• (i) shotfiring operations at the site,

• (ii) appointing shotfirers, trainee shotfirers and storekeepers,

• (iii) authorising other persons who will be involved with the storage, transport, use or disposal of explosives,

• (iv) dealing with misfires,

• (v) ensuring, so far as is reasonably practicable, that such rules are complied with, and

• (vi) disposing of surplus explosives, detonators, accessories and packaging.

• (j) ensure that an adequate written blast specification, including identification of the danger zone based on an assessment of the risks (whether or not produced by the contractor), is prepared for each shotfiring operation at the site to ensure, so far as is reasonably practicable, that when such firing occurs it will not give rise to danger,

• (k) ensure that a copy of any relevant information contained in the blast specification referred to in subparagraph (g) is given to any person upon whom it imposes duties,

• (l) ensure that operations involving the storage, transport, use or disposal of explosives are carried out by—

• (i) a duly authorised and competent person, or

• (ii) a trainee under the supervision and direction of a duly authorised and competent person as referred to in Regulation 75,

• (m) ensure that such facilities and equipment as are necessary to enable shotfiring operations to be carried out safely are provided,

• (n) ensure that any vehicle which is provided for use in relation to shotfiring operations is safe for use and so marked as to be readily identifiable from a distance,

• (o) ensure that detonators are stored in separate containers from other explosives,

• (p) ensure that explosives are kept at all times either in a locked explosives store or under the supervision of a suitable person, and

• (q) ensure, so far as is reasonably practicable, that each shotfiring operation is carried out safely and in accordance with the shotfiring rules required to be made under subparagraph (i) and any blast specification required to be prepared under subparagraph (j).

Supervision of shotfiring operations and trainee shotfirers

Duties of Explosives Supervisor and shotfirer

76. (1) The Explosives Supervisor and shotfirer shall ensure that any shotfiring operation on a construction site is carried out in accordance with any shotfiring rules required by Regulation 74 and any blast specification prepared pursuant to Regulation 74.

• (2) The explosives supervisor at the construction site shall—

• (a) advise the contractor responsible for the construction site as to the observance of the relevant statutory provisions in relation to the storage, transport, use and disposal of explosives at the construction site,

• (b) organise and supervise all work involving the storage, transport, use and disposal of explosives at the construction site,

• (c) based on an assessment of the risks, prepare in writing a blast specification for each shotfiring operation which, so far as is reasonably practicable, shall ensure, when shotfiring occurs, it will not give rise to danger,

• (d) ensure that, prior to shotfiring operations being carried out, he or she is familiar with the area that may be affected by the shotfiring operations, inspects the face to be blasted and is satisfied that the blast specification is adequate,

• (e) ensure that no person carries out any work in relation to explosives unless they are trained, instructed, adequately supervised and instructed to do so, and

• (f) ensure that all equipment to be used in shotfiring operations is suitable, safe and adequately maintained.

• (3) Before a shot is fired on a construction site, a shotfirer shall—

• (a) ensure that no person is within, or may enter within, the danger zone specified in the blast specification prepared pursuant to Regulation 74 when the shot is being fired,

• (b) check the shotfiring system or circuit to ensure that it has been connected correctly,

• (c) where electrical detonators are used, ensure that they have been correctly connected to the shotfiring system or circuit and that the shot-firing system or circuit is tested with an instrument suitable for the purpose,

• (d) where appropriate, ensure that the electrical integrity of the shotfiring system or circuit is such as to make a misfire unlikely, and

• (e) ensure that a warning signal is given and the shot is fired from a safe place.

• (4) After a shot is fired on a construction site, a shotfirer shall—

• (a) ensure that no person enters within the danger zone specified in the blast specification until the all-clear signal is given,

• (b) inspect the blast site to check the result of the blast, the condition of the face and whether any misfire has occurred,

• (c) report immediately any hazardous conditions or misfires to the contractor and the explosives supervisor, and

• (d) ensure that normal working is resumed only when he or she is satisfied that it is safe to do so.

Misfires

• (a) no person other than the Explosives Supervisor, shotfirer, trainee shotfirer or any other person authorised by any of them enters the danger area—

• (i) where the shot was fired by means of safety fuse, until a period of 30 minutes has elapsed since the misfire, or

• (ii) where the shot was fired by other means, until a period of 5 minutes has elapsed since the misfire and any shotfiring apparatus has been disconnected from the shot,

• (b) appropriate steps are taken to determine the cause of and to deal with the misfire, and

• (c) a suitable record is kept of the misfire.

Prohibited activities

• (2) No person other than a shotfirer or a trainee shotfirer shall handle detonators at a construction site.

• (3) No person shall—

• (a) bring any substance or article (other than explosives) likely to cause an unintended explosion or fire, or

• (b) except for the purpose of lighting an igniter cord or a safety fuse, take any naked flame

within 100 metres of any explosives.

• (4) No person shall forcibly remove any detonator lead, safety fuse or other system for initiating shots from a shothole after the shothole has been charged and primed.

• (5) No person shall charge or fire a shot on a construction site—

• (a) unless there is sufficient visibility to ensure that work preparatory to shotfiring, the shotfiring operation and any site inspection after the shot is fired can be carried out safely, or

• (b) in a shothole which has previously been fired, unless the person is dealing with a misfire in accordance with action taken under Regulation 77(b).

• (6) No person shall fire a shot on a construction site—

• (a) unless the person is a shotfirer or trainee shotfirer, and

• (b) does so only by means of a suitable exploder or suitable safety fuse.

• (7) No person on a construction site shall cap a safety fuse with a detonator unless the person—

• (a) is using equipment designed for the purpose, and

• (b) is in a suitably sheltered place designated by the relevant contractor for the purpose.

• (8) No person other than a shotfirer or a trainee shotfirer shall by detonation or burning dispose of surplus explosives, detonators, accessories or packaging remaining following shotfiring operations at a construction site.

PART 9 GENERAL HEALTH HAZARDS

Health hazards

• (2) The preventive measures referred to in paragraph (1) shall comprise—

• (a) as far as reasonably practicable, the replacement of a hazardous substance by a harmless or less hazardous substance,

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

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

• (3) Notwithstanding the Safety, Health and Welfare at Work (Confined Spaces) Regulations 2001 ( S.I. No. 218 of 2001 ), where persons at work on a construction site are required to enter any area where the atmosphere is liable to contain a toxic or harmful substance, or in which there may be an oxygen deficiency, or a flammable atmosphere, the confined atmosphere shall be monitored and adequate measures shall be taken to guard against danger.

• (4) A person at work shall not in any circumstances be exposed to a high-risk confined space unless observed at all times from outside and all appropriate precautions shall be taken to ensure that he or she can be assisted effectively and immediately.

Atmospheric influences

Ventilation

• (a) steps are taken to ensure that there is sufficient fresh air provided, having regard to the working methods used and the physical demands placed on the persons at work,

• (b) if a forced ventilation system is used, it is maintained in working order and shall not expose persons at work to draughts which are harmful to health, and

• (c) any breakdown in a forced ventilation system is indicated by a control system, if necessary for the health of persons at work.

• (2) In indoor workstations on construction sites the relevant contractor shall ensure that—

• (a) if air conditioning or mechanical ventilation installations are used, they operate in such a way that persons at work are not exposed to draughts which cause discomfort, and

• (b) any deposit or dirt likely to create an immediate danger to the health of persons at work by polluting the atmosphere is removed without delay.

Temperature

• (a) during working hours, the temperature is appropriate for human beings, having regard to the working methods used and the physical demands placed on the persons at work, and

• (b) in indoor workstations on the site—

• (i) the temperature in rest areas, rooms for duty staff, sanitary facilities, canteens and first-aid rooms is appropriate to the particular purpose of such areas, and

• (ii) windows, skylights and glass partitions allow excessive effects of sunlight to be avoided, having regard to the nature of the work and use of the room.

Disposal of waste

• (a) destroyed, or

• (b) otherwise disposed of

in a manner liable to be injurious to safety and health.

Internal combustion engines or dangerous gas

• (a) no stationary internal combustion engine is used on the site in any enclosed or confined place unless specific provision is made for conducting the exhaust gases from the engine into the open air, or

• (b) the site is adequately ventilated so as to prevent danger to health from the exhaust gases.

PART 10 CONSTRUCTION WORK ON OR ADJACENT TO WATER

Transport by water

• (a) when any person at work is conveyed to or from any place of work on water, proper measures are taken to provide for the person’s safe transport, and

• (b) vessels used to convey persons as described in paragraph (a) are—

• (i) of suitable construction,

• (ii) properly maintained,

• (iii) in the charge of a competent person, and

• (iv) not overcrowded or overloaded.

Prevention of drowning

• (a) suitable rescue equipment is provided and kept in an efficient state, ready for use,

• (b) arrangements are made for the prompt rescue of any such person who is in danger of drowning, and

• (c) personal flotation devices conforming to European Norm (EN) or equivalent standards, as appropriate, are provided and worn at all times on the site.

• (2) A contractor responsible for a construction site shall ensure for that site that personal flotation devices provided in pursuance of this Regulation are—

• (a) properly maintained,

• (b) checked before each use,

• (c) inspected in accordance with the manufacturer’s instructions, and

• (d) subjected to a thorough examination every 12 months.

• (3) On the day of a required inspection or examination under paragraph (2), the person who carries out the inspection or examination, as the case may be, shall—

• (a) make a report of the results in an approved form, and

• (b) sign the report.

• (4) Where, on a construction site, there is risk of a fall from the edge of adjacent land or from—

• (a) a structure adjacent to or above the water, or

• (b) a floating stage,

the relevant contractor shall ensure that secure fencing is provided near the edge to prevent such a fall.

• (5) To the extent necessary for the access of persons or the movement of materials, paragraph (4) does not apply if appropriate precautions are taken, so far as is reasonably practicable, to ensure the safety and health of persons.

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

Safe operation of vehicles

87. (1) A contractor responsible for a construction site shall ensure for that site that, if used for the purposes of construction work, all transport vehicles, earth-moving machinery, materials-handling machinery, as set out in Schedule 7,

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

• (b) are maintained in good working order,

• (c) are properly used,

• (d) are not operated otherwise than by a competent person who has attained the age of 18 years, unless operation is by a person for the purpose of his or her training under the supervision and direction of a competent person, and

• (e) are provided with appropriate devices that, where the visibility of any operator is restricted remedy the hazards arising from inadequate direct vision.

• (2) On all construction sites on which transport vehicles, earth-moving or materials-handling machinery or locomotives are used, the project supervisor for the construction stage shall ensure that—

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

• (b) traffic and pedestrian routes are so organised and controlled, including, where appropriate, by the provision of a traffic and pedestrian management plan, as to secure their safe operation.

Rails and rail tracks

• (a) have an even running surface, are sufficiently and adequately supported and are of adequate length and gauge,

• (b) are securely jointed,

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

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

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

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

• (2) The relevant contractor for a construction site shall ensure that all rails and equipment referred to in this Regulation are properly maintained, but paragraph (1) (b) and (c) do not apply if other adequate steps are taken—

• (a) to ensure the proper junction of the rails,

• (b) to prevent any material variation in the gauge of the rails, and

• (c) to arrest any locomotive, truck, wagon or rolling stock running out of control.

Clearance

• (a) by any locomotive, truck, wagon or rolling stock, or

• (b) by any part of a load on any locomotive, truck, wagon or rolling stock.

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

Riding in insecure positions on vehicles, etc

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

• (b) locomotive, truck, wagon or rolling stock.

• (2) A person at work on a construction site shall ride only on the part of any—

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

• (b) locomotive, truck, wagon or rolling stock

designed and intended for that purpose.

Vehicles near edge of excavations, etc

• (a) into the excavation or shaft,

• (b) over the edge of any embankment or earthwork, or

• (c) into water.

Protection of driver

• (a) against being crushed if the machine overturns, and

• (b) against falling objects.

PART 12 DEMOLITION

Application of Part 12

Safety precautions and supervision

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

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

Fire and flooding

• (a) fire or explosion through leakage or accumulation of flammable liquids, gas or vapour, and

• (b) flooding.

Precautions in connection with demolition

• (2) A contractor responsible for a construction site shall ensure for that site that the following operations are carried out under the direction of a competent person and only by persons instructed, trained, and experienced in the kind of work involved:

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

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

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

• (3) Before any steelwork or ironwork is cut or released on a construction site, the relevant contractor shall ensure that precautions are taken to avoid danger from any sudden twist, spring or collapse.

• (4) Where demolition is being carried out on a construction site, the relevant contractor shall ensure that all appropriate precautions are taken to avoid danger from collapse of a structure when any part of the framing is removed from a framed or partly framed structure.

• (5) The relevant contractor on a construction site shall ensure that, before demolition is commenced and during the progress of the work on the site, precautions, where necessary, are taken by adequate shoring or otherwise to prevent the accidental collapse of—

• (a) any part of the relevant structure, or

• (b) any adjoining structure,

which may endanger any person.

• (6) Paragraph (5) does not apply in relation to any person actually engaged in erecting or placing shoring or other safeguards for the purpose of compliance with paragraph (5), if appropriate precautions, so far as is reasonably practicable, are taken to ensure the person’s safety and health.

• (7) The relevant contractor on a construction site—

• (a) before demolition is commenced, and

• (b) during the progress of the work

shall take or cause to be taken appropriate steps on the site to ensure that there is no danger to any person from electric cables, gas pipes, water mains, sewers or other underground watercourses.

• (8) The relevant contractor shall ensure that appropriate steps are taken to suppress, either by water sprays or other means, any dust generated during the process of demolition.

PART 13 ROADS, ETC.

Works on roads, footpaths and cycle tracks

• (a) for any part of a road that is opened, excavated, broken up or obstructed by plant, machinery or equipment or by materials for the purpose of performing construction work, the following measures are taken to protect persons at work and others in the course of the work being carried on:

• (i) adequate guarding and lighting appropriate to the circumstances, is provided and traffic signs are placed and maintained, and where necessary operated, as reasonably required for the safe guidance or direction of persons, having regard in particular, to the needs of people with disabilities,

• (ii) the works are supervised by a competent person who has been issued with a valid construction skills registration card referred to in Schedule 5 for the tasks specified in clause (r) of paragraph 1(1) of that Schedule,

• (iii) where the person referred to in paragraph(1) (a) (ii) is not on site, there is on site at all times when the works are in progress and workers are on site, at least one person who has been issued with a valid construction skills registration card referred to in Schedule 5 for the tasks specified in clause (u) of paragraph 1(1) of that Schedule,

• (b) without prejudice to the generality of subparagraph (a), where—

• (i) any construction work obstructs a roadway, or

• (ii) pedestrians, people with disabilities or cyclists on a cycle track that forms part of a footway are diverted onto a roadway due to construction work,

that there is on that site at all times when road signing, lighting and guarding is being installed, modified or removed, at least one person who has been issued with a valid construction skills registration card referred to in Schedule 5 for the tasks specified in clause (r) of paragraph 1(1) of that Schedule.

• (2) A person referred to in paragraph (1) (b) shall have responsibility for the implementation of the signing, lighting and guarding of the site concerned, so as to protect the safety of persons at work and others in the course of the work being carried on there and shall monitor the said arrangements and take any necessary corrective action in respect of same.

PART 14 CONSTRUCTION SITE WELFARE FACILITIES

Shelters and accommodation for clothing and for taking meals

• (a) 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—

• (i) where there are more than 5 persons at work, adequate and suitable means of enabling them to warm themselves and to dry wet clothing, or

• (ii) where there are 5 persons or less at work, such arrangements as are practicable for enabling them to warm themselves and for drying wet clothing,

• (b) 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, with such arrangements as are practicable for drying the clothing if it becomes wet,

• (c) adequate and suitable accommodation, affording protection from the weather, and including sufficient tables with impermeable surfaces and seats with backs, for taking meals in satisfactory conditions,

• (d) facilities for boiling water and, where appropriate, facilities for preparing their meals in satisfactory conditions,

• (e) if there are more than 5 persons at work and heated food is not otherwise available, adequate facilities for heating food, and

• (f) an adequate supply of potable drinking water and, where appropriate, another suitable non-alcoholic beverage, at a convenient point or convenient points.

• (2) In determining whether accommodation of any kind provided in pursuance of paragraph (1) (c) 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.

• (3) For the purpose of paragraph (1), in determining whether accommodation is conveniently accessible account shall be taken of any transport provided by the relevant contractor for the persons at work.

• (4) The relevant contractor shall ensure that all accommodation provided in pursuance of paragraph (1) is—

• (a) properly ventilated, adequately lighted, kept in a clean, hygienic and orderly condition, and

• (b) not used for the deposit or storage of building materials or plant.

Changing rooms and lockers

• (a) appropriate changing rooms are 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, and

• (b) the changing rooms are easily accessible, are of sufficient capacity and are provided with seating.

• (2) If circumstances so require where work clothes are likely to be contaminated by dangerous substances, atmospheric conditions or the conditions of the place of work, the relevant contractor shall provide or cause to be provided—

• (a) facilities to enable working clothes to be kept in a place separate from personal clothing and effects, and

• (b) separate changing rooms or separate use of changing rooms for men and women.

• (3) If changing rooms are not required as referred to in paragraph (1), the relevant contractor shall ensure that every person at work is provided with a place to lock away his or her own clothes and personal effects.

Washing facilities

• (2) Subject to paragraph (4), a contractor responsible for a construction site, where there are reasonable grounds for believing that the work to be undertaken on the site will not be completed within 30 working days after its commencement, shall ensure that the facilities for washing referred to in paragraph (1) include—

• (a) adequate troughs or basins having in every case a smooth impervious internal surface,

• (b) adequate and suitable means of cleaning and drying, being either soap and towels or other means, as the case may require, and

• (c) a sufficient supply of hot and cold or warm running water.

• (3) Subject to paragraph (4), where there are—

• (a) more than 100 persons at work on a construction site, and

• (b) reasonable grounds for believing that the work to be undertaken on the site will not be completed within 12 months after its commencement,

in lieu of providing troughs or basins mentioned in paragraph (2)(a), the contractor responsible for the site shall ensure that washbasins are provided on the following scale, that is to say, 6 with the addition of one for every unit of 20 persons at work by which the number of persons exceeds 100, any fraction of a unit of 20 persons being treated as one.

• (4) A contractor responsible for a construction site on which persons are at work in a process in which a dangerous substance is used shall for that site—

• (a) provide an adequate number of nail brushes, and

• (b) for the purposes of paragraph (2) (a) or (3), as may be appropriate, provide one trough, basin, or washbasin, as may be appropriate, for every 5 persons at work.

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