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

Type Statutory Instrument

Publication 2013-08-02

Last updated 2021-10-15

State In force superseded text

Text As published

Source Irish Statute Book

articles Not indexed

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

3 amending acts · 2021-10-15, S.I. No. 528/2021 - Safety, Health and Welfare at Work (Construction) (Amendment) Regulat…

Reform history JSON API

(a) the washing facilities provided are conveniently accessible from the accommodation for taking meals and shall be adequately lighted, properly ventilated and kept in a clean and orderly condition,

(b) separate washbasins, or separate use of washbasins for men and women are provided, when so required for reasons of propriety,

(c) suitable showers in sufficient numbers are provided for persons at work if required by the nature of the work or for health reasons,

(d) provision is made for separate shower rooms or separate use of shower rooms for men and women,

(e) the shower rooms are sufficiently large to permit each person to wash without hindrance in conditions of an appropriate standard of hygiene,

(f) the showers are equipped with hot and cold running water, and

(g) where the rooms housing the showers or washbasins are separate from the changing rooms, there is easy communication between them.

Sanitary conveniences

101.

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

(a) that subject to subparagraph (d), at least one suitable sanitary convenience is provided, not being a convenience suitable only as an urinal, for every 20 persons at work on the site,

(b) that every sanitary convenience required under these Regulations—

(i) if practicable, discharges into a main sewer,

(ii) is sufficiently ventilated and does not communicate with any workroom or messroom except through the open air or through an intervening ventilated space,

(iii) is under cover and so partitioned off as to secure privacy,

(iv) other than a convenience suitable only as an urinal, has a proper door and fastening,

(v) is conveniently accessible to persons at work at all times while they are at the site and, where practicable, is convenient to the washing facilities, and

(vi) is maintained in a clean and hygienic condition,

(c) that provision is made for separate sanitary conveniences or separate use of sanitary conveniences for men and women, and

(d)where there are more than 100 persons at work on the site and sufficient urinal accommodation is provided, that there is at least one suitable sanitary convenience as described in subparagraph (a)—

(i) for every 25 persons at work on the site, up to and including the first 100, and

(ii) for every 35 persons at work on the site after the first 100.

(2) In calculating the number of conveniences required—

(a) by paragraph(1) (a), any number of persons—

(i) less than 20 shall be reckoned as 20, and

(ii) any number not a multiple of 20 shall be reckoned as being the nearest lower number which is a multiple of 20, and

(b) by paragraph(1)(d), any number of persons—

(i) less than 25 or 35, as may be appropriate, shall be reckoned as 25 or 35, and

(ii) any number not a multiple of 25 or 35, as may be appropriate, shall be reckoned as being the nearest lower number which is a multiple of 25 or 35.

Accommodation areas

102.

A contractor responsible for a construction site shall ensure that fixed living accommodation areas on the site, unless used only in exceptional cases,

(a) have sufficient sanitary equipment, a rest room and a leisure room,

(b) are equipped with beds, cupboards, tables and seats with backs, taking account of the number of persons at work, and

Safe access to places where facilities are provided

103.

A contractor responsible for a construction site shall ensure for that site that—

(a) safe means of access and egress are provided and maintained to and from every place at which any of the facilities referred to in this Part are situated, and

(b) every such place is made safe and kept safe for persons using the facilities.

Pregnant women and nursing mothers

104.

A contractor responsible for a construction site shall ensure that pregnant women and nursing mothers at work on the site are provided with appropriate facilities as set out in other relevant legislation.

Persons with disabilities

105.

A contractor responsible for a construction site shall ensure for that construction site that places of work, where necessary, are organised to take account of persons at work with disabilities, in particular as regards doors, passageways, staircases, showers, washbasins, lavatories and work-stations used or occupied directly by those persons.

Schedule 1 Non-exhaustive List of Work Involving Particular Risks to the Safety, Health and Welfare of Persons at Work

Regulations 12, 15 and 16

Work which puts persons at work at risk of—

(a) falling from a height,

(b) burial under earthfalls, or

where the risk is particularly aggravated by the nature of the work or processes used or by the environment at the place of work or construction site.

Work which puts persons at work at risk from chemical or biological substances constituting a particular danger to the safety and health of such persons or involving a statutory requirement for health monitoring.

Work with ionising radiation requiring the designation of controlled or supervised areas as defined in Directive 96/29/Euratom⁴ .

Work near high voltage power lines.

Work exposing persons at work to the risk of drowning.

Work on wells, underground earthworks and tunnels.

Work carried out by divers at work having a system of air supply.

Work carried out in a caisson with a compressed-air atmosphere.

Work involving the use of explosives.

10.

Work involving the assembly or dismantling of heavy prefabricated components.

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

Regulations 17 and 24

Keeping the construction site in good order and in a satisfactory state of cleanliness.

Choosing the location of workstations bearing in mind how access to them is obtained, and determining routes or areas for the passage and movement of equipment.

The conditions under which various materials are handled.

Technical maintenance, pre-commissioning checks and regular checks on installations and equipment with a view to correcting any faults which might affect the safety, health and welfare of persons at work.

The demarcation and laying-out of areas for the storage of various materials, in particular where dangerous materials or substances are concerned.

The conditions under which the dangerous materials used are removed.

The storage and disposal or removal of waste and debris.

The adaptation, based on progress made on the construction site, of the actual time to be allocated for the various types of work or work stages.

Co-operation between employers and self-employed persons.

10.

Interaction with industrial activities at the place within which or in the vicinity of which the construction site is located.

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

Regulation 22

Client(s): name(s), address(es) and contact details:

Name, address and contact details for—

(i) Project Supervisor Design Process (PSDP), and

(ii) Health and Safety Coordinator (H&SC), if appointed:

Name, address and contact details for

(i) Project Supervisor Construction Stage (PSCS), and

(ii) Health and Safety Coordinator (H&SC), if appointed:

Information on construction work:

(i) Description of Project:

(ii) Exact address of construction site:

(iii) Planned date for the commencement of the construction work:

(iv) Planned duration of the work on the construction site (in weeks):

(v) Estimated maximum number of workers on site at any one time:

(vi) Planned number of contractors and self-employed persons expected to work on site:

Details of contractors chosen:

Date of forwarding of notice to the Health and Safety Authority:

Signature:

Position.

Schedule 4 Safety Awareness Scheme

Regulations 4, 19, 25 and 29

The requirements under these Regulations for the issue of a valid safety awareness registration card are successful completion of any one of the following:

(a) the FÁS Safe Pass training programme;

(b) an equivalent safety awareness scheme approved by FÁS;

A valid safety awareness registration card is one of the following:

(a) the FÁS Safe Pass registration card;

(b) a registration card, with photographic identification, issued by such body as may be prescribed by the Minister, for the purpose of the issuing of safety awareness cards;

(c)a registration card issued in association with a scheme referred to in paragraph 1(c).

Schedule 5 Construction Skills Certification Scheme

Regulations 2, 19, 25, 29, 74 and 97

(1) The requirement for the issue of a FETAC award under the Construction Skills Certification Scheme is successful completion of training under the scheme in any of the following tasks:

(a) Scaffolding — basic;

(b) Scaffolding — advanced;

(c)Mobile tower scaffold — where the employee has not been trained in the task referred to at clauses (a) or (b);

(d) Tower crane operation;

(e)Self erecting tower crane operation — where the employee has not been trained in the task referred to at clause (d);

(f) Slinging/signalling;

(g) Telescopic handler operation;

(h) Tractor/dozer operation;

(i) Mobile crane operation;

(j) Crawler crane operation;

(k) Articulated dumper operation;

(l) Site dumper operation;

(m) 180°excavator operation;

(n) Mini-digger operation — where the employee has not been trained in the task specified in clause (o);

(o) 360°excavator operation;

(p) Roof and wall cladding/sheeting;

(q) Built-up roof felting;

(r) Signing, lighting and guarding on roads;

(s) Locating under-ground services;

(t) Shotfiring;

(u) assisting in the implementation of health and safety at roadworks;

(v) such other construction related tasks as may be prescribed by the Minister.

(2) Where it is necessary to gain experience prior to undertaking a programme related to the tasks listed at paragraph (1) it is permissible for a person to undertake those tasks during the training period required by the programme if—

(a) the person concerned is under the supervision of a competent person, and

(b) the person concerned is in possession of an appropriate identification identifying the person as a trainee for the purpose of gaining experience and competence in the skill in the area in which the person is undergoing training.

The requirements for the issue of a valid construction skills registration card under the Construction Skills Certification Scheme are successful completion of—

(a) the relevant FETAC award under the Construction Skills Certification Scheme,

(b) an equivalent FETAC award, or

(c) an equivalent award approved by a body in another Member State of the European Union recognised by FÁS as equivalent to the FETAC award under the Construction Skills Certification Scheme.

3.(1) “Scaffolding —basic” listed in paragraph 1(1) (a) means general scaffolding operations (other than those covered by “Scaffolding — advanced” listed in paragraph 1(1) (b)).

(2) “Scaffolding —advanced” listed in paragraph 1(1) (b) includes any or all of the following:

(a) construction of special scaffolds as may be specified in a relevant code of practice;

(b) construction of scaffolds that may require design or calculation, including any such scaffold as may be specified in a relevant code of practice;

Schedule 6 Procedure for Selection of Site Safety Representatives

Regulation 23

The selection of a site safety representative shall proceed as follows:

If a site safety representative is selected by the persons at work on a con-struction site at any time after commencement of activities on the site, that person shall be recognised as such by the project supervisor for the construction stage. The particulars listed at paragraph 6 shall be noted in writing by the project supervisor for the construction stage.

If a safety representative has previously been selected under section 25 of the Act by the employees of any of the contractors on the construction site, the views of all persons at work on the site at the time must be taken into account when confirming that person as site safety representative.

If, at the time the number of persons at work on the construction site normally exceeds 20 and there is no site safety representative the project super-visor for the construction stage shall invite all persons working on the site at that time to elect a site safety representative from amongst their number. If those working on the site are unwilling to organise a selection process themselves and request the project supervisor for the construction stage to do so the project supervisor shall organise the election.

If a site safety representative is not selected under paragraph 3 the project supervisor for the construction stage shall invite persons working on the con-struction site or their representatives to nominate persons willing to undertake the role. If more than one name is put forward the project supervisor for the construction stage shall determine which candidate has the most support from all persons employed on the site. The person who has the most support shall be deemed selected.

If no site safety representative has been selected under paragraphs 1 to 4, the project supervisor for the construction stage shall nominate a provisional site safety representative. If subsequently a site safety representative is selected by a process involving more than 50 per cent of the persons working on the construction site at a particular time then that person shall be deemed to be the site safety representative.

The project supervisor for the construction stage shall take steps to inform all persons who are at work on the construction site at the time of the selection and subsequently of the name of the site safety representative. The project supervisor for the construction stage must keep available for inspection by an inspector a record of the name of the site safety representative and details of the selection process.

Schedule 7 List of Machinery

Regulation 87

Machine type

Off-road dump trucks (trailer to rear of driver), payload greater than 7 Tonnes

Dumpers (front tip) no cab

Dumpers (front tip) with cab

Wheel loaders (loading shovels), including skid steer loaders

Backhoe loaders

All 360° excavators

Scrapers

All tracked type tractors (bulldozers)

Graders

Telescopic handlers

Compactors/rollers without cab and seat to rear

Compactors/rollers with cab and seat to rear

All compactors/rollers

Road planer

Road pavers

GIVEN under my Official Seal,

29 July 2013.

RICHARD BRUTON,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The purpose of these Regulations is to prescribe the main requirements for the protection of the safety, health and welfare of persons working on construction sites and to give further effect to Council Directive 92/57/EEC on the minimum safety and health requirements at temporary or mobile construction sites.

These Regulations are designed to clarify and strengthen the general duties of all parties as regards securing occupational safety, health and welfare in construction work, including those of Clients, Project Supervisors, Designers, Contractors and Employees.

These Regulations apply to all construction projects including the alteration, decoration, maintenance and repair of buildings and the installation, mainten-ance and removal of mechanical and other systems fixed within or to structures. They place obligations on clients and designers to ensure that safety and health is taken into account before any construction work begins.

These Regulations replace and revoke the Safety, Health and Welfare at Work (Construction) Regulations 2006 ( S.I. No. 504 of 2006 ), the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2008 ( S.I. No. 130 of 2008 ), the Safety, Health and Welfare at Work (Construction) (Amendment) (No. 2) Regulations 2008 ( S.I. No. 423 of 2008 ), the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2010 ( S.I. No. 523 of 2010 ), the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2012 ( S.I. No. 461 of 2012 ), the Safety, Health and Welfare at Work (Construction) (Amendment) (No. 2) Regulations 2012 ( S.I. No. 481 of 2012 ) and Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2013 ( S.I. No. 182 of 2013 ).

These Regulations shall come into operation on 1 August 2013.

Footnotes

OJ L245 26.08.1992, p.6

OJ L353 31.12.2008, p.1

OJ L255 30.09.2005, p.22

OJ L159 29.06.1996, p.1

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