Health and safety legislation and regulations Flashcards
Construction Work
Construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration, maintenance (incl cleaning involving use of water or an abrasive at high pressure, use of corrosive or toxic substances, decommissioning, demolition or dismantling of a structure.
Preparation of an intended structure (ie strengthening works), site clearance, exploration (ie intrusive surveys), investigations (ie sample surveys)
Assembly on site of prefabricated elements or disassembly on site of prefabricated elements
Work done relating to mechanical, electrical, gas, compressed air, hydraulic, telecommunications or similar, which are normally fixed within or to a structure
Construction work is not
NOT SITE SURVEYS (ie measured building surveys or topographical surveys), excavation, NOT PRE-CONSTRUCTION ARCHAEOLOGICAL INVESTIGATION.
H & S Legislations
CDM 2015 Regulations.
Health and Safety at Work Act 1974
The Health and Safety (Enforcing Authority) Regulation 1998
Regulatory Reform (Fire Safety) Order 2005 (enforcement in respect of fire on construction site)
Building Regulations, and Amendment of Building (Scotland) Act 1959
CDM 2015 Regulations
Replaced CDM Regs 2007.
To ensure that health and safety issues are properly considered during a project’s development so that the risk of harm to those who have to build, use and maintain structures is reduced. Applies to all construction work.
Key changes:
Replacement of the role of CDM coordinator with a new role of ‘principal designer’.
Removing the exemption for domestic clients, but passing their CDM duties to the contractor.
Health and Safety at Work Act 1974
Primary piece of legislation covering occupational health and safety in Great Britain. HSE with local authorities (and other enforcing authorities) is responsible for enforcing the act.
CDM Client Duties
Where there is more than one contractor working on a project at any one time, the client must appoint in writing, as soon as is practicable A PRINCIPAL DESIGNER; and A PRINCIPAL CONTRACTOR in ensure they fore fill their duties. If an appointment is not made, the client must fulfil the roles.
The client must make arrangements for managing the project (including the allocation of sufficient time and other resources) to ensure that construction work is carried out without risk to the health and safety of any person and suitable welfare facilities are provided for any persons carrying out construction work. Arrangements must be maintained and reviewed throughout the project.
When appointing a PD or a PC, the client must take reasonable steps to satisfy themselves that those who will carry out the work have the necessary skills, knowledge and experience and organisational capability to fulfil the role and carry out the work in a manner that secures health and safety of persons affected by the project.
Provide “Pre-Construction” Information to each designer and each contractor engaged by the client.
Ensure that before the construction phase begins, the PC, draws up a construction phase plan and the PD prepares an appropriate health and safety file that complies with CDM 2015 (and is revised periodically to include relevant new information)
Pre-Construction Information
Client is required to provide information relevant to the construction work and is of an appropriate level of detail and proportionate to the risks including:
Information about the project
Planning and management of the project
Health and safety hazards, including design and construction hazards and how they will be addressed
Information in any existing health and safety file
CDM PD Duties (part 1)
The PD is required to plan, manage, monitor and coordinate the project pre-construction phase to ensure that:
That the project is carried out without risks to health and safety.
That assistance is provided to the client for the preparation of the preconstruction information.
The identification, elimination, or control of foreseeable risks to the health or safety of a person.
Cooperation of all persons working on the project
That designers comply with their duties
The preparation and subsequent revision of a health and safety file
Prompt provision of preconstruction information to those that require it
Liaison with the PC, particularly regarding information required to prepare the construction phase plan or relating to the planning and management of the construction work
CDM PD Duties (part 2)
The PD should have the necessary skills, knowledge, experience and organisational capability to discharge the role effectively.
The PD should have sufficient knowledge of Health and Safety Regulations when advising on compliance and consider whether they have any gaps in their own knowledge, experience or abilities, and if so, they should seek out construction professionals to help them.
The PD must not commence work in relation to a project unless satisfied that the client is aware of the duties owed by the client under regulations.
The PD, during design phase, must take into account the general principles of prevention and any pre-construction information to eliminate foreseeable risks to health and safety of any person when:
Carrying out or liable to be affected by construction work
Maintaining or cleaning a structure
Using a structure designed as a workplace
If it is not possible to eliminate these risks, the designer must:
Take steps to reduce and control risks through the subsequent design process.
Provide information about risks to the PD.
Ensure appropriate information is included in the health and safety file.
HSE must be notified of any project defined as construction if project is:
Longer than 30 working days and more than 20 workers simultaneously at any point or exceed 500 person days.
Notice must include / be:
a. particulars specified in Schedule 1
b. be clearly displayed in construction site office
c. periodically updated
HSE Schedule 1
The date of forwarding the notice
The address of the construction site or precise description of its location
The name of the local authority where the construction site is located
A brief description of the project and the construction work that it entails
The contact details of the client and PD and PC
The date planned for the start of the construction phase
The time allocated by the client for the construction work
The planned duration of the construction phase
The estimated max number of people at work on the construction site
The planned number of contractors on the construction site.
The name and address of any contractor already appointed
The name and address of any designer already appointed
A declaration signed by or on behalf of the client that the client is aware of the client duties under these Regulations.
CDM PC Duties (part 1)
Draw up a construction phase plan. This must be prepared during the pre-construction phase and before setting up a construction site. The plan sets out health and safety arrangements and site rules.
PD must assist the PC in preparing the construction phase plan by providing the PC with all information that the PD holds that is relevant to the construction phase plan.
PC must ensure that the construction phase plan is reviewed, updated and revised so that it continues to be sufficient to ensure that construction work is carried out, so far as is reasonably practicable, without risks to health or safety.
If the PD’s appointment concludes before the end of the project, the PD must pass the health and safety file to the PC. The PC must ensure the upkeep of this file. At the end of the project, the PD or PC must pass the health and safety file to the client.
CDM PC Duties (part 2)
Must plan, manage and monitor construction work carried out either by the contractor or by workers under the contractor’s control, to ensure that, so far as is reasonably practicable, it is carried out without risks to health and safety.
Provide each worker under their control with appropriate supervision, instructions and information so that construction work can be carried out, including:
- Site induction
- Procedures to be followed in the event of serious and imminent danger to health and safety
- Information on risks to health and safety identified by the risk assessment of the Management Regulation.
- Any other information necessary to enable the worker to comply with the relevant statutory provisions.
Must not begin work on a construction site unless reasonable steps have been taken to prevent access by unauthorised persons to that site.
Minimum welfare facilities required for Construction Site:
Sanitary conveniences Washing facilities Drinking water Changing rooms and lockers Facilities for rest
