prohibitions imposed upon him by or under the relevant statutory provisions;
(d) any site rules;
(e) the procedures to be followed in the event of serious and imminent danger to workers;
and
(f) the identity of the persons nominated to implement those procedures.
- every contractor shall in the case of any of his employees provide those employees with any health and safety training which he is required to provide to them in respect of the construction work by virtue of regulation 13(2)(b) of the Management of Health and Safety at Work Regulations 1999.
- No contractor shall begin work on a construction site unless reasonable steps have been taken to prevent access by unauthorised persons to that site.
- Every contractor shall ensure, so far as is reasonably practicable, that the requirements of
Regulations or legislations are complied with throughout the construction phase in respect of any person at work who is under his control.
Client Responsibilities
Election by client
8. Where there is more than one client in relation to a project, if one or more of such clients elect
in writing to be treated for the purposes of these Regulations as the only client or clients, no other
client who has agreed in writing to such election shall be subject after such election and consent to
any duty owed by a client under these Regulations.
Client’s duty in relation to arrangements for managing projects
1 Appoint the right people
You are more likely to get what you need if you make sure those who design and build are competent have sufficient resources and are appointed early enough, so the work can be carried out safely. The easiest way to find competent designers and contractors is through a
reputable trade association.
2 Allow adequate time
A rushed project is likely to be unsafe and of poor quality. You need to allow enough time for the design, planning and construction work to be undertaken properly.
3 Provide information for your team.
You need to pass on key information to your construction team if they are to design and construct something that is safe to build, safe to use and safe to maintain. They will need information about what you want, how you will use it, the site and existing structures or hazards, such as asbestos. This will help your team to plan, budget and work around problems.
4 Ensure you and your team communicate and co-operate
Your project will only run efficiently if all those involved in the work communicate co-operate and co-ordinate with each other. During the design stage, it is particularly important that you, your designers and contractors talk early on about issues affecting buildability, useability and maintainability of the finished structure. You don’t want people injured or unexpected costs because issues weren’t properly considered when design changes could still easily be made.
5 Ensure suitable management arrangements are in place
Construction projects can be complex and involve many different trades and occupations frequently they also involve high-risk activities. The work is more likely to be done safely and to time if those doing the work have suitable management arrangements in place. You need to make sure that suitable arrangements are in place throughout the whole project. The type and level of checks needed depends on the work being undertaken and the risks involved. You may need help for more complex and high-risk projects. Clients are not required to take an active role in managing the work themselves.
6 Ensure adequate welfare facilities on site
You should ensure that your contractors provide adequate welfare facilities for construction workers as soon as possible, before work starts.
7 Ensure workplaces are designed correctly
If your project is for a new workplace or alterations to an existing workplace (e.g. a factory or office), they must meet the standards set out in the Workplace (Health, Safety and Welfare) Regulations 1992.
You should ask anyone who is doing design work for you to confirm that these
requirements have been complied with.
Notifiable construction projects
In addition, for notifiable construction work (work lasting longer than 30 days or involving 500 person days of work), you have to do the following.
8 Appoint a CDM co-ordinator
Your CDM co-ordinator is there to advise and assist you with your CDM duties on notifiable jobs. They will:
- advise you about selecting competent designers and contractors;
- help identify what information will be needed by designers and contractors;
- co-ordinate the arrangements for health and safety during the planning phase;
- ensure that HSE is notified of the project;
- tell you if the initial construction phase plan is suitable; and
- prepare a health and safety file for you (this contains useful information you need to enable future cleaning, maintenance and alterations to be carried out safely).
You should appoint the CDM co-ordinator as soon as possible, but no later than the initial design/preparation stage.
CDM 2007 does not require the CDM co-ordinator to supervise or monitorwork on site.
9 Appoint a principal contractor
A principal contractor is needed to plan, manage and co-ordinate work while construction work is being carried out on notifiable jobs. Principal contractors are usually the main or managing contractor for the work. You should appoint the principal contractor at the earliest opportunity. This is so they can be involved in discussions about buildability, usability and maintainability and so they can have time to plan the work properly.
10 Ensure a health and safety plan is in place
The principal contractor has to produce a construction phase health and safety plan outlining the key arrangements to ensure that the work is carried out safely. You should not allow work to start on site until there is an adequate plan.
11 Keep the health and safety file
At the end of the project, the CDM co-ordinator will give you the health and safety file. The file is a record of useful health and safety information and will help you manage health and safety risks during any future maintenance, repair, construction work or demolition. The file needs to be kept safe, made available to anyone who needs to alter or maintain the building and updated if circumstances change.
(1) Every client shall take reasonable steps to ensure that the arrangements made for managing the project (including the allocation of sufficient time and other resources) by persons with a duty under these Regulations (including the client himself) are suitable to ensure that—
(a) The construction work can be carried out so far as is reasonably practicable without risk to
the health and safety of any person;
(b) The requirements of Schedule 2 are complied with in respect of any person carrying out the construction work;
(c) Any structure designed for use as a workplace has been designed taking account of the provisions of the Workplace (Health, Safety and Welfare) Regulations 1992 which relate to the design of, and materials used in, the structure.
Client’s duty in relation to information
(1) Every client shall ensure that
(a) every person designing the structure;
(b) every contractor who has been or may be appointed by the client, is promptly provided with pre-construction information.
(2) The pre-construction information shall consist of all the information in the client’s possession (or which is reasonably obtainable), including—
(a) any information about or affecting the site or the construction work;
(b) any information concerning the proposed use of the structure as a workplace;
(c) the minimum amount of time before the construction phase which will be allowed to the contractors appointed by the client for planning and preparation for construction work;
(d) any information in any existing health and safety file, which is relevant to the person to whom the client provides it.
The regulations have been put in place to;
(a) to ensure so far as is reasonably practicable the health and safety of persons—
(i) engaged in the construction work,
(ii) Liable to be affected by the way in which it is carried out, and
(iii) Who will use the structure as a workplace; and
(b) Without prejudice to sub-paragraph (a), to assist the persons to whom information is provided under this regulation—
(i) To perform their duties under these Regulations, and
(ii) To determine the resources referred to in regulation 9
(1) Which they are to allocate for managing the project.
P2
1.Health and safety at work act 1974.
This was put in place to reduce the number of fatal injuries specifically construction. Everyone has a duty to comply with the Act, including employers, employees, trainees, self-employed, manufacturers, suppliers, designers, importers of work equipment. The Act places a general duty to ensure so far as is reasonably practicable the health, safety and welfare at work of all their employees.
Employers must comply with the Act. They must:
Provide and maintain safety equipment and safe systems of work.
Ensure materials used are properly stored, handled, used and transported.
Provide information, training, instruction and supervision. Ensure staff are aware of instructions provided by manufacturers and suppliers of equipment.
Provide a safe place of employment.
Provide a safe working environment.
Provide a written safety policy/risk assessment.
Look after health and safety of others, example public.
Talk to safety representatives.
Employers are also forbidden from charging employees
Employees’ responsibilities
- Take care of their own health and safety and that of other persons. Employees may be liable.
- Co-operate with their employers.
- Must not interfere with anything provided in the interest of health and safety.
An inspector will check that the legistlation is being followed, their power includes:
- Rights of entry at reasonable times, etc. without appointments.
- Right to investigate, examine.
- Right to dismantle equipment, take substances/equipment.
- Right to see documents, take copies.
- Right to assistance (from colleagues or Police).
- Right to ask questions under caution.
- Right to seize articles/substances in cases of imminent danger.
2.Working at height Act 2005
This was put into place on 6th april 2005 because so many injuries in construction were caused by people falling from height.
- Biggest killer - 67 Fatal Accidents 2003/04
- 3884 Major Accidents 2003/04
-
Until 2006 it has always been the 2nd biggest cause of major accidents
- 2/3 of all major injuries caused by ‘low falls’ (below 2metres)
Duty holders for falls from height
- Employers
- Employees
- Self employed
- Those in control of people at work, to the extent of their control (e.g. facilities managers, building owners, clients)
- Designers
Those working at height should be:
- Competent or, if being trained, supervised by a competent person
- Competency is the experience, knowledge and appropriate qualifications that enable the identification of the risks and the measures needed to be taken
It applies to those organising, planning, supervising and undertaking work at height.
3.Confined spaces
On average, work in confined spaces kills 15 people every year in the UK across a wide range of industries. Those killed include not only people working in confined spaces but those who try to rescue them without proper training and equipment.
Examples of confined work spaces.
- Storage tanks
- Silos
- Enclosed drains
- Sewers
- Vats
- Open top chambers
- Ductwork
- Unventilated or poorly ventilated rooms
The law says you must carry out a suitable and sufficient assessment of the risks for all work activities for the purpose of deciding what measures are necessary for safety (The Management of Health and Safety at Work Regulations 1999)
- This means identifying the hazards present, assessing the risks and determining what precautions to take.
- In most cases this will include consideration of:
- The task
- The working environment
- Working materials and tools
- The suitability of those carrying out the task
- Arrangements for emergency rescue
- Appointment of a supervisor
- Ensuring the necessary precautions are taken
- Mechanical
- Electrical
- Pipework
- Are persons suitable for the type of work
- Experienced
- Have they received training
- Are they fit for the job
M2
Firstly the designer and contractor will inform the client of his responsibility under legislation to appoint a CDM co-ordinator, then the designer will show his plans follow health and safety laws by showing the drawings to the CDM, they will then check it and send it to the planning department for permission to build.
Once permission has been granted the designer may discuss with the project manager the safest way to set up the site with a suitable loading space and how to keep danger away from members of the public. Then certain jobs like foundations would need to be discussed between the designer and contractor to what risks may arise and what measures could be put in place to stop them, if problems arise workers may inform management of dangers or infringements of health and safety regulations.