Site Risks II

General Site Obligations I

The contractor responsible for a construction site must take all appropriate precautions in so far as reasonably practicable, to ensure that the site is safe and without risk, to the safety, health, and welfare of all persons at work. It must apply the general principles of prevention in a consistent manner, in order to protect the safety, health and welfare of persons at work.

The contractor must take account of and apply, the requirements of the regulations.  It must bring to the attention of sub-contractors and employees, the rules applicable under the safety plan.  Each must comply with the safety plan and the rules in the plan.

Contractors and other persons under whose direct control persons on a construction site are must ensure that their employees and others for whom they are responsible, have possession of a valid safety awareness card, a valid construction skills registration card and have received site-specific safety induction instructions.


General Site Obligations II

Employees and other persons at work are obliged to comply with the regulation’s requirements, to cooperate, report dangers and defects discovered, comply with the health and safety plan and make proper use of equipment.

Contractors must cooperate with the project supervisor for the construction stage, to enable compliance with the relevant statutory provisions.  They must provide information in relation to accidents and dangers occurrences, which are required to be reported.  They must give all information required to prepare the safety file.

Contractors must consult with employees, their representatives and the site safety representatives in relation to the requirements of the legislation, taking account of the need for cooperation and coordination between the employees and the representatives, with a view to promoting, developing and protecting the safety, welfare and health of persons at work.


Site Access

Contractors must ensure that the surroundings and perimeter of the site are laid out, so as to be clearly visible and identifiable. It must have appropriate signboards.  Safe means of access and egress must be provided and maintained.  Precautions must be taken to protect persons in the vicinity of the site from risks arising from the site.

Contractors must ensure that the site has clear emergency routes and exits and that it is possible to evacuate workstations quickly and safely in the event of danger. If the site has limited access, areas must be equipped to prevent unauthorised persons from entering. They must be clearly signposted.

Doors and gates must be fitted with a safety device to prevent them being derailed, falling over or falling back.  Doors and gates along emergency escape routes must be appropriately marked.  Mechanical doors and gates must operate without risk of accident to persons at work.  Transparent doors must be marked at a conspicuous level.  Emergency doors must not be locked or fastened and must open outward.  Sliding and revolving doors may not be used as emergency exits. There are further provisions in relation to mechanical doors and gates.


Structural Stability

All practical precautions shall be taken by use of temporary guys, supports and fittings to prevent danger at work through the collapse of any part of the building or structure during a temporary state of weakness or instability. All practicable precautions must be taken by shoring or otherwise, in order to prevent collapse or fall of a building or structure or any part, where any work is likely to reduce the security or stability of any part of the existing building or structure.

Temporary structures erected on a construction site, must be of good design, construction, adequate strength and stability and be free from any defects.

A contractor must ensure that metal or concrete frameworks and their component shuttering, prefabricated components, temporary supports and buttresses are installed and provided under the supervision of a competent person.


Materials Stability

The contractor responsible for a construction site must ensure that all moving materials, equipment and components are stabilised in an appropriate manner.  Access to any insufficiently resistant surfaces must be restricted unless appropriate equipment and means are employed to enable work to be carried out safely.  Workstations must be solid and stable.

A contractor must ensure protection from falling material and provide protective safety helmets.  There should be collective methods of protection.  Materials and equipment should be laid out so as to prevent collapsing or overturning. Covered passageways should be provided where necessary to dangerous areas. A person shall not throw, drop or allow materials to be dropped in situations in which they may cause injury.

Persons under the contractor’s direct control must be provided with a protective safety helmet or other head protection unless there is no foreseeable risk to the head other than by falling. Protective safety helmets must be marked with a distinguishing mark to identify it in relation to the person to whom it is issued.  Loading bays and ramps must be suitable for the loads to be transported. They must have at least one exit point and be sufficiently safe to prevent persons falling off.


Installations

The contractor is to ensure that all installations, machinery and equipment used on a construction site are properly designed, constructed, maintained in a proper working order and used only for the work for which they are designed.  They are to be operated only by persons with appropriate training.

Iron or steel work which has been painted is not to be moved or manipulated until dry, nor is it to be walked on or worked on. Contractors responsible for construction must ensure there is no danger from projecting nails.

Precautions must be taken to prevent the risk of electrocution.  Overhead power lines may require to be redirected.  Barriers and notices must be provided if this is not possible.  Warnings and suspended protections must be provided where vehicles pass underneath overhead power lines.


Facilities

Windows, skylights and ventilators must be capable of being used in a safe manner.  They must be appropriately designed and fitted with devices, so that they may be cleaned without risk to health or safety.

Contractors must ensure that the construction site is adequately and suitably lighted.  This applies to every place where persons there at work, workstations, rooms and traffic routes.  Light sources must be protected against impact.  Indoor workstations on construction sites must have natural light in so far as possible. They must be equipped with means of providing artificial light which is sufficient for protecting health, safety and welfare of persons at work.

In addition to general fire safety legislation obligations, a contractor is responsible, for providing an adequate number of firefighting devices, detectors, and alarm systems. They must be properly maintained and checked from time to time.  There must be appropriate drills periodically. The extent of the requirement depends on the characteristics of the site, the dimensions and use of the rooms, the chemical properties of the substances and the number of persons present.


Circulation

A contractor responsible for a construction site shall ensure that all traffic routes, including fixed ladders, loading bays and ramps are designed, located, laid out and used so that they provide safe and appropriate access and do not endanger persons in the vicinity.  If means of transport are used, sufficient clearance and safety devices must be provided, marked, checked and maintained.

The contractor must ensure that all floors are not slippery, are safe and stable.  Floors, walls and ceilings must be cleaned and kept to an appropriate standard of hygiene.  Translucent walls and all glass partitions must be clearly marked, made of safe material and shielded from workstations, in order to prevent risk in the event of shattering.

Floor areas at workstations must allow sufficient freedom of movement, taking account of necessary equipment and appliances.  There must be sufficient space and area to allow persons perform their work, without risk to health, safety or welfare.  Escalators and travelators must function safely with the necessary safety devices.


Excavations I

Where a construction site involves excavations, shafts, earthwork or underground works, steps must be taken to guard against danger from fall or dislodgement, by suitable shoring.  Ingress of water, sand and mud must be guarded against.  There must be adequate ventilation to all workstations and freedom from noxious and impure gasses.  Steps must be taken to guard against fire and flooding and prevent its spread.  A safe means of access and egress must be maintained.

Every excavation shaft, earthwork, underground works, tunnel and trench, must be examined by a competent person every day.  No person is to be permitted to work in any such excavation, earthwork, tunnel or trench unless the examination has been carried out.  A thorough examination of certain key elements must have been carried out within the preceding 7 days.

A person responsible for the supervision and execution of shoring or other works must be competent and have adequate experience of such works.  Materials for shoring and other support must be inspected in advance.  The contractor shall not commence or allow excavation works which affect the stability of any temporary or permanent structure or otherwise cause danger unless adequate steps have taken to prevent danger from collapse.


Excavations II

Every part of an excavation shaft or pit must be suitably fenced and have a suitable cover. There are limited exceptions. There are requirements in respect of the edges of excavations. Materials must not be placed where they might be a danger to persons working below. If necessary, appropriate barriers are to be provided.

Every cofferdam and caisson is to be of good design, solid, free from defect, adequately maintained and of adequate strength. They must not be constructed, placed and positioned, altered or dismantled, except under the immediate supervision of a competent person and by persons with adequate experience.

They must be inspected at least every day while persons are working.  More thoroughgoing inspections are required every week. Persons who inspect must sign a report as a result of the examination.


Compressed Air

The contractor responsible for a construction site must ensure that where persons are required to work in compressed air, that appropriate precautions and procedures are adopted. Work must be planned and undertaken only under the supervision of a competent person. The relevant plant and equipment must be of good and sound design, free from defects, maintained and properly used.

Work must only be carried on by persons who have been medically examined and found fit for the work. It must be supervised by a competent person.  Persons must not be permitted to work unless they have been suitably instructed. There are maximum permissible pressures.  Records must be kept showing the time persons spend in compressed air areas and the time taken for decompression.

Without prejudice to other obligations, a contractor must not permit persons to work where air pressure exceeds certain values unless the person has been medically examined within the previous four weeks by a registered medical practitioner, familiar with compressed air work and certified as being fit.  There are other requirements relative to the time worked and the applicable pressure. They require medical examinations at different periods.

A person who works in a compressed air space exceeding a certain value must have an identification work badge. There must be adequate facilities for decompression.  There are other specific provisions applicable to medical locks and man locks.


Working at Height

There are specific obligations in relation to working at height. There must be a policy in relation to scaffolding. The use of scaffolding must be planned, so as to reduce risks.

At the implementation stage, individual responsibilities must be communicated. Persons must have appropriate instruction, training and competence. Appropriate documentation should be maintained. Work should be periodically checked and corrected.

There is an approved code of practice on scaffolding, roof work and underground services. The common feature is that if the emphasis on design, planning, implementation of safe working systems, training, inspection, and review.

There have been several cases where persons have successfully recovered compensation from builders and owners of property following the collapse of building works.


References and Sources

Irish Books

Safety, Health and Welfare and at Work Law in Ireland 2nd Ed 2008 Byrne Ch 13

Safety & Health Acts Consolidated & Annotated       2013   Byrne

Health, Safety & Welfare Law in Ireland        2012   Kinsella Ch 5

Health & Safety: Law and practice 2007 Shannon

Health & Safety at Work   1998 Stranks Ch 14

Civil Liability for Industrial Accidents 1993 While

Websites

The Health and Safety Authority  www.hsa.ie

Health and Safety Executive (UK) www.hse.gov.uk

UK Books

Tolleys Health and safety at work, 2017 29th ed Bamber,

Corporate liability: work related deaths and criminal prosecutions 3rd ed. Forlin

Health and safety at work: European and comparative perspective Ales.

Health and Safety Law 5th Ed 2005 Stranks

Principles of Health and Safety at Work (8th ed) Holt, Allan St. John; Allen, Jim;

The Law of Health and Safety at Work 2014/15 (23rd ed) Moore, Rachel; Winter, Hazel;

Statutes

Safety, Health and Welfare at Work Act 2005

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


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:

E12

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 2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd August, 2013.

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

PART 1

INTERPRETATION AND GENERAL

Citation and Commencement

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.

…….


Site safety representative

23. (1) The project supervisor for the construction stage shall—

(a) co-ordinate the development and application by contractors of arrangements, made in consultation with their employees, which will enable them and their employees to co-operate effectively in promoting and developing measures in relation to their safety, health and welfare on the construction site and in ascertaining the effectiveness of such measures, taking account of section 26 of the Act, and

(b)facilitate, where more than 20 persons are normally employed at any one time on a construction site at any stage of a project, in co-operation with contractors and persons employed on the project, the appointment of a site safety representative from among the employees of the contractor or contractors undertaking the project in accordance with the procedure outlined in Schedule 6.

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

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

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

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

(i) the Authority,

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

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

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

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

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

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

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

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

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

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

(7) A site safety representative may—

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

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

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

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

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

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

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

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

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

(8) The project supervisor for the construction stage and, as appropriate, any contractor involved in the project shall take account of any representations made to the project supervisor by a site safety representative on any matter affecting the safety, health and welfare at work of any person at work at the construction site.

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

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

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


PART 3

GENERAL DUTIES OF CONTRACTORS AND OTHERS

Duties of contractors

24. (1) A contractor shall—

(a)comply with Parts 3 to 14,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Safety awareness and skills certification

25. (1) Every contractor or other person under whose direct control persons work on a construction site shall ensure that each of those persons, in this Regulation called a “worker”-

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

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

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

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

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

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

(i) the valid registration card, and

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


Appointment of safety officers

26. (1) Every contractor who normally has under direct control at any one time more than 20 persons on a construction site, or 30 persons engaged in construction work, shall appoint in writing, taking into account section 18 of the Act, one or more competent persons, as may be appropriate, as safety officers to undertake the following duties:

(a) to advise the contractor as to the observance of the requirements of the relevant statutory provisions;

(b) to exercise a general supervision of the observance of the requirements of the relevant statutory provisions and the promotion of the safe conduct of work generally;

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

(2) The duties assigned to any person appointed under paragraph (1), including duties other than those mentioned in paragraph (1), shall not be such as to prevent that person from discharging with reasonable efficiency duties assigned under that paragraph.

(3) Nothing in these Regulations shall be construed as preventing the same person or persons being appointed as safety officer under this Regulation for a group of sites or 2 or more contractors from jointly so appointing the same person or persons.

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


Erection and installation of plant or equipment

27. The relevant contractor shall—

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

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


Consultation

28. The relevant contractor shall ensure consultation on the construction site with the contractor’s employees, their safety representative and the site safety representative in relation to the requirements of these Regulations in accordance with the provisions of section 26 of the Act, taking account of the need, whenever necessary, for co-operation and co-ordination among—

(a) employees,

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

(c) the site safety representative

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


Duties of employees and other persons at work

29. (1) Every person engaged in work to which these Regulations apply shall—

(a) comply with these Regulations,

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

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

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

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

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

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

(2) A person shall not—

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

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

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


PART 4

GENERAL SAFETY PROVISIONS

Site safety and access to construction sites

30. (1) A contractor responsible for a construction site shall take all appropriate precautions, so far as is reasonably practicable, to ensure that the site is safe and without risk of injury to the safety, health and welfare of persons at work, taking into account these Regulations.

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

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

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

(i) provided and maintained, and

(ii) indicated where appropriate, and

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


Emergency routes and exits

31. (1) The application of this Regulation is without prejudice to the Fire Services Acts 1981 and 2003 (No. 30 of 1981 and No.15 of 2003) and other relevant legislation.

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

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

(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

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

(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

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

(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

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

(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

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

(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

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

(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

37. A contractor responsible for a construction site shall ensure for that site that all installations, machinery and equipment, including hand tools, whether power-operated or not, used on a construction site, are—

(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

38. (1) Except in respect of moving or manipulating in connection with the painting of ironwork or steelwork on a construction site, a person shall not, on a construction site, move or manipulate any ironwork or steelwork which has been painted unless all the paint on it, other than paint for the purpose of jointing, is dry.

(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

39. A contractor responsible for a construction site shall ensure for that site every helmet or crown used in connection with pile driving is of good construction, of sound and suitable material, of adequate strength and free from patent defect.


Lighting of work places

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

(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

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

(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

42. A contractor responsible for a construction site shall ensure for that site that timber or material with projecting nails—

(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

43. A contractor responsible for a construction site shall ensure for that site that any temporary structure erected for the purpose of construction work, having regard to the purpose for which the temporary structure is used,

(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

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

(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

45. (1) The application of this Regulation is without prejudice to the Fire Services Acts 1981 and 2003 (No. 30 of 1981 and No.15 of 2003) and other relevant legislation.

(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

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

(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

47. (1) In the case of indoor workstations, a contractor responsible for a con-struction site shall ensure for that site that—

(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

48. A contractor responsible for a construction site shall ensure that the floor area at a workstation on the site allows persons sufficient freedom of movement to perform their work, taking account of any necessary equipment or appliances present.


Room dimensions and air space in rooms

49. A contractor responsible for a construction site shall ensure that workrooms on the site have sufficient surface area and height to allow persons to perform their work without risk to their safety, health or welfare.


Specific measures for escalators and travelators

50. A contractor responsible for a construction site shall ensure for that site that 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

51. (1) A contractor responsible for a construction site shall ensure for that site that adequate precautions are taken in any excavation, shaft, earthwork, underground works or tunnel to—

(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

52. (1) Subject to paragraph (4), a contractor responsible for a construction site shall ensure for that site that—

(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

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

(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

54. A contractor responsible for a construction site shall not—

(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

55. (1) A contractor responsible for a construction site shall ensure for that site that every accessible part of an excavation, shaft, pit or opening in the ground near to which persons are working and into or down which a person is liable to fall a distance liable to cause personal injury—

(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

56. A contractor responsible for a construction site—

(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

57. A contractor responsible for a construction site shall ensure for that site that every cofferdam or caisson and every part of one is—

(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

58. A contractor responsible for a construction site shall ensure for that site that every cofferdam or caisson is provided with adequate means for each person at work to reach a place of safety in the event of an inrush of water or material.


Supervision of work and inspection of material

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

(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

60. (1) Subject to paragraph (3), a contractor responsible for a construction site shall ensure for that site that any cofferdam or caisson in which persons are at work is—

(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

61. In this Part and in Schedule 1, “compressed air” means air compressed above atmospheric pressure, measured in kg/cm2.


Safety precautions and supervision

62. A contractor responsible for a construction site shall ensure for that site that where persons are required to work in compressed air—

(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

63. A contractor responsible for a construction site shall ensure for that site that all plant and equipment, including man-lock and air supply plant, and all parts and fittings thereof provided for use in relation to work in compressed air are—

(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

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

(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

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

(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

66. (1) Without prejudice to paragraph (2), a contractor responsible for a construction site shall not require or permit any person to work in compressed air, on that site, where the air pressure exceeds 1.25 kg/cm2 unless the person has been—

(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

67. A contractor responsible for a construction site shall ensure for that site that every person who works in compressed air at a pressure exceeding 1.25 kg/cm2 is provided with an identification badge to be worn on the body—

(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

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

(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

69. A contractor responsible for a construction site shall ensure for that site that, where persons are required to work in compressed air,

(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

70. A contractor responsible for a construction site shall ensure for that site that, where persons are required to work in compressed air,

(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

71. (1) A contractor responsible for a construction site shall ensure for that site that every man-lock on a construction site is of adequate internal dimensions and is equipped with—

(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

72. A contractor responsible for a construction site on which persons are required to work in compressed air shall provide, or cause to be provided, compressed air installations with an air supply plant capable of supplying any working chamber with sufficient fresh uncontaminated air—

(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

73. This Part applies to the storage, transport, use and disposal of explosives at a construction site.


Duties of contractor

74. A contractor responsible for a construction site shall—

(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

75. A contractor responsible for a construction site shall ensure that a trainee shotfirer at the site does not fire shots and is not required to fire shots, except when he or she is under the supervision and direction of a shotfirer.


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

77. In the event of a misfire the contractor responsible for the construction site shall ensure, so far as is reasonably practicable, that—

(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

78. (1) No person other than a person engaged in the transport of explosives to or from a construction site, a shotfirer, trainee shotfirer, a person authorised to handle explosives at the site or a person appointed to be in charge of the explosives store shall handle explosives at the site.

(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.