Construction Phase
Safety, Health and Welfare at Work Act 2005
Duties related to construction work.
17.—(1) A person who commissions or procures a project for construction work shall appoint in writing a competent person or persons for the purpose of ensuring, so far as is reasonably practicable, that the project—
(a) is designed and is capable of being constructed to be safe and without risk to health,
(b) is constructed to be safe and without risk to health,
(c) can be maintained safely and without risk to health during subsequent use, and
(d) complies in all respects, as appropriate, with the relevant statutory provisions.
(2) A person who designs a project for construction work shall ensure, so far as is reasonably practicable, that the project—
(a) is designed and is capable of being constructed to be safe and without risk to health,
(b) can be maintained safely and without risk to health during use, and
(c) complies in all respects, as appropriate, with the relevant statutory provisions.
(3) A person who carries out construction work shall ensure, so far as is reasonably practicable, that it is constructed to be safe and without risk to health and that it complies in all respects, as appropriate, with the relevant statutory provisions.
(4) For the purposes of this section, ‘project’ means any development which includes or is intended to include construction work.
Annotations:
Editorial Notes:
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Previous affecting provision: application of section restricted (6.11.2006) by Safety, Health and Welfare at Work (Construction) Regulations 2006 (S.I. No. 504 of 2006), reg. 6(6); deleted (1.06.2013) by Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2012 (S.I. No. 461 of 2012), regs. 1(2), 3(b)(ii).
S.I. No. 291 of 2013
Safety, Health and Welfare at Work (Construction) Regulations
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
1. (1) These Regulations may be cited as the Safety, Health and Welfare at Work (Construction) Regulations 2013.
(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
2. (1) In these Regulations, unless the context otherwise requires—
“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.
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Duties of the project supervisor for the construction stage, safety and health plan
16. The project supervisor for the construction stage shall—
(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
17. (1) If more than one contractor is engaged in a project, the project supervisor for the construction stage shall—
(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
18. If there are normally more than 100 persons on a construction site at any one time engaged in construction work, the project supervisor for the construction stage shall appoint in writing a full-time competent safety adviser for that site to—
(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
19. (1) The project supervisor for the construction stage shall—
(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
20. (1) The project supervisor for the construction stage, so far as is necessary,
(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
21. (1) The project supervisor for the construction stage of a project shall—
(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
22. (1) If construction work on a construction site is planned to last longer than 30 working days or the volume of work is scheduled to exceed 500 person-days, the project supervisor for the construction stage shall, before the work begins, give written notice promptly to the Authority in a form and containing the particulars listed in Schedule 3, sent either—
(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).
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Schedule 3
Regulation 22
Minimum Particulars to be Notified by the Project Supervisor for the Construction Stage to the Health and Safety Authority before the construction work begins.
1. Client(s): name(s), address(es) and contact details:
2. Name, address and contact details for—
(i) Project Supervisor Design Process (PSDP), and
(ii) Health and Safety Coordinator (H&SC), if appointed:
3. Name, address and contact details for
(i) Project Supervisor Construction Stage (PSCS), and
(ii) Health and Safety Coordinator (H&SC), if appointed:
4. 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:
5. Details of contractors chosen:
6. Date of forwarding of notice to the Health and Safety Authority:
7. Signature:
8. Position.
Schedule 4
Regulations 4, 19, 25 and 29
Safety Awareness Scheme
1. 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;
(c) an equivalent safety awareness scheme in another Member State of the European Union approved by FÁS.
2. 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
Regulations 2, 19, 25, 29, 74 and 97
Construction Skills Certification Scheme
1. (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.
2. 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;
(c) such other tasks as may be prescribed by the Minister.
Schedule 6
Regulation 23
Procedure for Selection of Site Safety Representatives
The selection of a site safety representative shall proceed as follows:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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
Regulation 87
List of Machinery
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