Site Risks II
Safety, Health and Welfare at Work Act 2005
Statutes
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).
Safety, Health and Welfare at Work (Construction) Regulations 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.
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PART 9
GENERAL HEALTH HAZARDS
Health hazards
79. (1) Notwithstanding the Safety, Health and Welfare at Work (Confined Spaces) Regulations 2001 ( S.I. No. 218 of 2001 ), a contractor responsible for a construction site, where persons are liable to be exposed to any chemical, physical or biological hazard to such an extent as is liable to be dangerous to health, shall ensure that appropriate preventive measures are taken on the site against that exposure.
(2) The preventive measures referred to in paragraph (1) shall comprise—
(a) as far as reasonably practicable, the replacement of a hazardous substance by a harmless or less hazardous substance,
(b) technical measures applied to the plant, machinery, equipment or process, or
(c) where it is not possible to comply with subparagraph (a) or (b), other effective measures, including the use of personal protective equipment and protective clothing.
(3) Notwithstanding the Safety, Health and Welfare at Work (Confined Spaces) Regulations 2001 ( S.I. No. 218 of 2001 ), where persons at work on a construction site are required to enter any area where the atmosphere is liable to contain a toxic or harmful substance, or in which there may be an oxygen deficiency, or a flammable atmosphere, the confined atmosphere shall be monitored and adequate measures shall be taken to guard against danger.
(4) A person at work shall not in any circumstances be exposed to a high-risk confined space unless observed at all times from outside and all appropriate precautions shall be taken to ensure that he or she can be assisted effectively and immediately.
Atmospheric influences
80. A contractor responsible for a construction site shall ensure for that site that persons working outdoors are protected against atmospheric influences which could affect their safety and health.
Ventilation
81. (1) A contractor responsible for a construction site shall ensure for that site that—
(a) steps are taken to ensure that there is sufficient fresh air provided, having regard to the working methods used and the physical demands placed on the persons at work,
(b) if a forced ventilation system is used, it is maintained in working order and shall not expose persons at work to draughts which are harmful to health, and
(c) any breakdown in a forced ventilation system is indicated by a control system, if necessary for the health of persons at work.
(2) In indoor workstations on construction sites the relevant contractor shall ensure that—
(a) if air conditioning or mechanical ventilation installations are used, they operate in such a way that persons at work are not exposed to draughts which cause discomfort, and
(b) any deposit or dirt likely to create an immediate danger to the health of persons at work by polluting the atmosphere is removed without delay.
Temperature
82. A contractor responsible for a construction site shall ensure for that site that—
(a) during working hours, the temperature is appropriate for human beings, having regard to the working methods used and the physical demands placed on the persons at work, and
(b) in indoor workstations on the site—
(i) the temperature in rest areas, rooms for duty staff, sanitary facilities, canteens and first-aid rooms is appropriate to the particular purpose of such areas, and
(ii) windows, skylights and glass partitions allow excessive effects of sunlight to be avoided, having regard to the nature of the work and use of the room.
Disposal of waste
83. A contractor responsible for a construction site shall ensure that waste in respect of the site is not—
(a) destroyed, or
(b) otherwise disposed of
in a manner liable to be injurious to safety and health.
Internal combustion engines or dangerous gas
84. A contractor responsible for a construction site shall ensure that—
(a) no stationary internal combustion engine is used on the site in any enclosed or confined place unless specific provision is made for conducting the exhaust gases from the engine into the open air, or
(b) the site is adequately ventilated so as to prevent danger to health from the exhaust gases.
PART 10
CONSTRUCTION WORK ON OR ADJACENT TO WATER
Transport by water
85. A contractor responsible for a construction site shall ensure for that site that—
(a) when any person at work is conveyed to or from any place of work on water, proper measures are taken to provide for the person’s safe transport, and
(b) vessels used to convey persons as described in paragraph (a) are—
(i) of suitable construction,
(ii) properly maintained,
(iii) in the charge of a competent person, and
(iv) not overcrowded or overloaded.
Prevention of drowning
86. (1) A contractor responsible for a construction site shall ensure that where, on or adjacent to the site, there is water into which a person, in the course of his or her work, is liable to fall with risk of drowning—
(a) suitable rescue equipment is provided and kept in an efficient state, ready for use,
(b) arrangements are made for the prompt rescue of any such person who is in danger of drowning, and
(c) personal flotation devices conforming to European Norm (EN) or equivalent standards, as appropriate, are provided and worn at all times on the site.
(2) A contractor responsible for a construction site shall ensure for that site that personal flotation devices provided in pursuance of this Regulation are—
(a) properly maintained,
(b) checked before each use,
(c) inspected in accordance with the manufacturer’s instructions, and
(d) subjected to a thorough examination every 12 months.
(3) On the day of a required inspection or examination under paragraph (2), the person who carries out the inspection or examination, as the case may be, shall—
(a) make a report of the results in an approved form, and
(b) sign the report.
(4) Where, on a construction site, there is risk of a fall from the edge of adjacent land or from—
(a) a structure adjacent to or above the water, or
(b) a floating stage,
the relevant contractor shall ensure that secure fencing is provided near the edge to prevent such a fall.
(5) To the extent necessary for the access of persons or the movement of materials, paragraph (4) does not apply if appropriate precautions are taken, so far as is reasonably practicable, to ensure the safety and health of persons.
PART 11
TRANSPORT, EARTHMOVING AND MATERIALS-HANDLING MACHINERY AND LOCOMOTIVES
Safe operation of vehicles
87.(1) A contractor responsible for a construction site shall ensure for that site that, if used for the purposes of construction work, all transport vehicles, earth-moving machinery, materials-handling machinery, as set out in Schedule 7,
(a) are of good design and construction taking into account as far as possible ergonomic principles,
(b) are maintained in good working order,
(c) are properly used,
(d) are not operated otherwise than by a competent person who has attained the age of 18 years, unless operation is by a person for the purpose of his or her training under the supervision and direction of a competent person, and
(e) are provided with appropriate devices that, where the visibility of any operator is restricted remedy the hazards arising from inadequate direct vision.
(2) On all construction sites on which transport vehicles, earth-moving or materials-handling machinery or locomotives are used, the project supervisor for the construction stage shall ensure that—
(a) safe and suitable access ways are provided for them, and
(b) traffic and pedestrian routes are so organised and controlled, including, where appropriate, by the provision of a traffic and pedestrian management plan, as to secure their safe operation.
Rails and rail tracks
88. (1) A contractor responsible for a construction site shall ensure for that site that all rails on a construction site on which any locomotive, truck, wagon or rolling stock moves—
(a) have an even running surface, are sufficiently and adequately supported and are of adequate length and gauge,
(b) are securely jointed,
(c) are securely fastened to sleepers or bearers,
(d) are supported on a surface sufficiently firm to prevent undue movement of the rails,
(e) are laid in straight lines or in curves of such radii that the locomotive, truck, wagon or rolling stock can be moved freely and without danger of derailment, and
(f) are provided with an adequate stop or buffer on each rail at each end of the track.
(2) The relevant contractor for a construction site shall ensure that all rails and equipment referred to in this Regulation are properly maintained, but paragraph (1) (b) and (c) do not apply if other adequate steps are taken—
(a) to ensure the proper junction of the rails,
(b) to prevent any material variation in the gauge of the rails, and
(c) to arrest any locomotive, truck, wagon or rolling stock running out of control.
Clearance
89. (1) A contractor responsible for a construction site shall ensure for that site in connection with the erection, installation, working or use of any line of rails on which any locomotive, truck, wagon or rolling stock moves, that there is adequate clearance so that persons are not likely to be crushed or trapped—
(a) by any locomotive, truck, wagon or rolling stock, or
(b) by any part of a load on any locomotive, truck, wagon or rolling stock.
(2) Where it is not practicable to provide clearance in accordance with paragraph (1), the relevant contractor shall provide or cause to be provided such suitable arrangements as are necessary to ensure that persons at work are not exposed to unnecessary risks.
Riding in insecure positions on vehicles, etc
90. (1) No person at work on a construction site shall ride, and no person supervising a person at work on a construction site shall require or permit another person to ride, on the buffer, step, running board or any other insecure position on any—
(a) transport vehicle, earthmoving or materials-handling machinery, or
(b) locomotive, truck, wagon or rolling stock.
(2) A person at work on a construction site shall ride only on the part of any—
(a) transport vehicle, earthmoving or materials-handling machinery, or
(b) locomotive, truck, wagon or rolling stock
designed and intended for that purpose.
Vehicles near edge of excavations, etc
91. A contractor responsible for a construction site shall ensure that adequate measures are taken so as to prevent any vehicle or machinery on the site from overturning or overunning the edge of an excavation, shaft, embankment or earthwork, and particularly in circumstances when the vehicle or equipment is used for tipping material—
(a) into the excavation or shaft,
(b) over the edge of any embankment or earthwork, or
(c) into water.
Protection of driver
92. A contractor responsible for a construction site shall ensure for that site that, where appropriate, excavating machinery and materials-handling machinery comply with any relevant Directive of the European Union which is applicable as regards the protection of the driver—
(a) against being crushed if the machine overturns, and
(b) against falling objects.
PART 12
DEMOLITION
Application of Part 12
93. This Part applies to the demolition of the whole or any substantial part of a structure.
Safety precautions and supervision
94. A contractor responsible for a construction site shall ensure for that site that when the demolition of any structure is likely to present danger to persons at work or others, that—
(a) appropriate precautions, methods and written procedures are adopted, including those for the disposal of waste or residues, and
(b) the work is planned and undertaken only under the supervision of a competent person.
Fire and flooding
95. A contractor responsible for a construction site shall ensure for that site, prior to the commencement of demolition work and during the progress of the work, that appropriate steps are taken to prevent danger to persons at work and others on the site from risk of—
(a) fire or explosion through leakage or accumulation of flammable liquids, gas or vapour, and
(b) flooding.
Precautions in connection with demolition
96. (1) A contractor responsible for a construction site shall ensure for that site that no part of a structure where demolition is carried out is so overloaded with debris or materials as to render it unsafe to any person.
(2) A contractor responsible for a construction site shall ensure for that site that the following operations are carried out under the direction of a competent person and only by persons instructed, trained, and experienced in the kind of work involved:
(a) the actual demolition of a structure or part thereof, except where there is no risk of a collapse of any part of the structure in the course of, or as a result of, the demolition which would endanger any person;
(b) the actual demolition of any part of a structure where there is a risk of collapse, whether of that or of any part of the structure in the course of, or as a result of, the demolition;
(c) the cutting of reinforced or prestressed concrete, steelwork or ironwork forming part of the structure which is being demolished.
(3) Before any steelwork or ironwork is cut or released on a construction site, the relevant contractor shall ensure that precautions are taken to avoid danger from any sudden twist, spring or collapse.
(4) Where demolition is being carried out on a construction site, the relevant contractor shall ensure that all appropriate precautions are taken to avoid danger from collapse of a structure when any part of the framing is removed from a framed or partly framed structure.
(5) The relevant contractor on a construction site shall ensure that, before demolition is commenced and during the progress of the work on the site, precautions, where necessary, are taken by adequate shoring or otherwise to prevent the accidental collapse of—
(a) any part of the relevant structure, or
(b) any adjoining structure,
which may endanger any person.
(6)Paragraph (5) does not apply in relation to any person actually engaged in erecting or placing shoring or other safeguards for the purpose of compliance with paragraph (5), if appropriate precautions, so far as is reasonably practicable, are taken to ensure the person’s safety and health.
(7) The relevant contractor on a construction site—
(a) before demolition is commenced, and
(b) during the progress of the work
shall take or cause to be taken appropriate steps on the site to ensure that there is no danger to any person from electric cables, gas pipes, water mains, sewers or other underground watercourses.
(8) The relevant contractor shall ensure that appropriate steps are taken to suppress, either by water sprays or other means, any dust generated during the process of demolition.
PART 13
ROADS, ETC.
Works on roads, footpaths and cycle tracks
97. (1) A contractor responsible for a construction site shall ensure, in respect of that site, that—
(a) for any part of a road that is opened, excavated, broken up or obstructed by plant, machinery or equipment or by materials for the purpose of performing construction work, the following measures are taken to protect persons at work and others in the course of the work being carried on:
(i) adequate guarding and lighting appropriate to the circumstances, is provided and traffic signs are placed and maintained, and where necessary operated, as reasonably required for the safe guidance or direction of persons, having regard in particular, to the needs of people with disabilities,
(ii) the works are supervised by a competent person who has been issued with a valid construction skills registration card referred to in Schedule 5 for the tasks specified in clause (r) of paragraph 1(1) of that Schedule,
(iii) where the person referred to in paragraph(1) (a) (ii) is not on site, there is on site at all times when the works are in progress and workers are on site, at least one person who has been issued with a valid construction skills registration card referred to in Schedule 5 for the tasks specified in clause (u) of paragraph 1(1) of that Schedule,
(b) without prejudice to the generality of subparagraph (a), where—
(i) any construction work obstructs a roadway, or
(ii) pedestrians, people with disabilities or cyclists on a cycle track that forms part of a footway are diverted onto a roadway due to construction work,
that there is on that site at all times when road signing, lighting and guarding is being installed, modified or removed, at least one person who has been issued with a valid construction skills registration card referred to in Schedule 5 for the tasks specified in clause (r) of paragraph 1(1) of that Schedule.
(2) A person referred to in paragraph (1) (b) shall have responsibility for the implementation of the signing, lighting and guarding of the site concerned, so as to protect the safety of persons at work and others in the course of the work being carried on there and shall monitor the said arrangements and take any necessary corrective action in respect of same.
PART 14
CONSTRUCTION SITE WELFARE FACILITIES
Shelters and accommodation for clothing and for taking meals
98. (1) Subject to paragraphs (2) and (3), a contractor responsible for a construction site shall provide or cause to be provided at or in the immediate vicinity of the site for the use of persons at work and conveniently accessible to them—
(a) adequate and suitable enclosed accommodation for taking shelter during interruptions of work owing to bad weather and for depositing clothing not worn during working hours, being accommodation containing—
(i) where there are more than 5 persons at work, adequate and suitable means of enabling them to warm themselves and to dry wet clothing, or
(ii) where there are 5 persons or less at work, such arrangements as are practicable for enabling them to warm themselves and for drying wet clothing,
(b) adequate and suitable accommodation for the deposit of protective clothing used for work and kept, when not in use, at or in the immediate vicinity, with such arrangements as are practicable for drying the clothing if it becomes wet,
(c) adequate and suitable accommodation, affording protection from the weather, and including sufficient tables with impermeable surfaces and seats with backs, for taking meals in satisfactory conditions,
(d) facilities for boiling water and, where appropriate, facilities for preparing their meals in satisfactory conditions,
(e) if there are more than 5 persons at work and heated food is not otherwise available, adequate facilities for heating food, and
(f) an adequate supply of potable drinking water and, where appropriate, another suitable non-alcoholic beverage, at a convenient point or convenient points.
(2) In determining whether accommodation of any kind provided in pursuance of paragraph (1) (c) at any time and place is adequate, regard shall be had to the number of the persons at work who appear to be likely to use such accommodation at that time and place.
(3) For the purpose of paragraph (1), in determining whether accommodation is conveniently accessible account shall be taken of any transport provided by the relevant contractor for the persons at work.
(4) The relevant contractor shall ensure that all accommodation provided in pursuance of paragraph (1) is—
(a) properly ventilated, adequately lighted, kept in a clean, hygienic and orderly condition, and
(b) not used for the deposit or storage of building materials or plant.
Changing rooms and lockers
99. (1) A contractor responsible for a construction site shall ensure for that site that—
(a) appropriate changing rooms are provided for persons at work if they have to wear special work clothes and if, for reasons of health or propriety, they cannot be expected to change in another area, and
(b) the changing rooms are easily accessible, are of sufficient capacity and are provided with seating.
(2) If circumstances so require where work clothes are likely to be contaminated by dangerous substances, atmospheric conditions or the conditions of the place of work, the relevant contractor shall provide or cause to be provided—
(a) facilities to enable working clothes to be kept in a place separate from personal clothing and effects, and
(b) separate changing rooms or separate use of changing rooms for men and women.
(3) If changing rooms are not required as referred to in paragraph (1), the relevant contractor shall ensure that every person at work is provided with a place to lock away his or her own clothes and personal effects.
Washing facilities
100. (1) A contractor responsible for a construction site shall ensure for that site that adequate and suitable facilities for washing appropriate to the numbers of persons at work and the nature and duration of the work are provided.
(2) Subject to paragraph (4), a contractor responsible for a construction site, where there are reasonable grounds for believing that the work to be undertaken on the site will not be completed within 30 working days after its commencement, shall ensure that the facilities for washing referred to in paragraph (1) include—
(a) adequate troughs or basins having in every case a smooth impervious internal surface,
(b) adequate and suitable means of cleaning and drying, being either soap and towels or other means, as the case may require, and
(c) a sufficient supply of hot and cold or warm running water.
(3) Subject to paragraph (4), where there are—
(a) more than 100 persons at work on a construction site, and
(b) reasonable grounds for believing that the work to be undertaken on the site will not be completed within 12 months after its commencement,
in lieu of providing troughs or basins mentioned in paragraph (2)(a), the contractor responsible for the site shall ensure that washbasins are provided on the following scale, that is to say, 6 with the addition of one for every unit of 20 persons at work by which the number of persons exceeds 100, any fraction of a unit of 20 persons being treated as one.
(4) A contractor responsible for a construction site on which persons are at work in a process in which a dangerous substance is used shall for that site—
(a) provide an adequate number of nail brushes, and
(b) for the purposes of paragraph (2) (a) or (3), as may be appropriate, provide one trough, basin, or washbasin, as may be appropriate, for every 5 persons at work.
(5) A contractor responsible for a construction site shall ensure for that site that—
(a) the washing facilities provided are conveniently accessible from the accommodation for taking meals and shall be adequately lighted, properly ventilated and kept in a clean and orderly condition,
(b) separate washbasins, or separate use of washbasins for men and women are provided, when so required for reasons of propriety,
(c) suitable showers in sufficient numbers are provided for persons at work if required by the nature of the work or for health reasons,
(d) provision is made for separate shower rooms or separate use of shower rooms for men and women,
(e) the shower rooms are sufficiently large to permit each person to wash without hindrance in conditions of an appropriate standard of hygiene,
(f) the showers are equipped with hot and cold running water, and
(g) where the rooms housing the showers or washbasins are separate from the changing rooms, there is easy communication between them.
Sanitary conveniences
101. (1) A contractor responsible for a construction site shall ensure for that site—
(a) that subject to subparagraph (d), at least one suitable sanitary convenience is provided, not being a convenience suitable only as an urinal, for every 20 persons at work on the site,
(b) that every sanitary convenience required under these Regulations—
(i) if practicable, discharges into a main sewer,
(ii) is sufficiently ventilated and does not communicate with any workroom or messroom except through the open air or through an intervening ventilated space,
(iii) is under cover and so partitioned off as to secure privacy,
(iv) other than a convenience suitable only as an urinal, has a proper door and fastening,
(v) is conveniently accessible to persons at work at all times while they are at the site and, where practicable, is convenient to the washing facilities, and
(vi) is maintained in a clean and hygienic condition,
(c) that provision is made for separate sanitary conveniences or separate use of sanitary conveniences for men and women, and
(d)where there are more than 100 persons at work on the site and sufficient urinal accommodation is provided, that there is at least one suitable sanitary convenience as described in subparagraph (a)—
(i) for every 25 persons at work on the site, up to and including the first 100, and
(ii) for every 35 persons at work on the site after the first 100.
(2) In calculating the number of conveniences required—
(a) by paragraph(1) (a), any number of persons—
(i) less than 20 shall be reckoned as 20, and
(ii) any number not a multiple of 20 shall be reckoned as being the nearest lower number which is a multiple of 20, and
(b) by paragraph(1)(d), any number of persons—
(i) less than 25 or 35, as may be appropriate, shall be reckoned as 25 or 35, and
(ii) any number not a multiple of 25 or 35, as may be appropriate, shall be reckoned as being the nearest lower number which is a multiple of 25 or 35.
Accommodation areas
102. A contractor responsible for a construction site shall ensure that fixed living accommodation areas on the site, unless used only in exceptional cases,
(a) have sufficient sanitary equipment, a rest room and a leisure room,
(b) are equipped with beds, cupboards, tables and seats with backs, taking account of the number of persons at work, and
(c) are allocated taking account, where appropriate, of the presence of persons of both sexes.
Safe access to places where facilities are provided
103. A contractor responsible for a construction site shall ensure for that site that—
(a) safe means of access and egress are provided and maintained to and from every place at which any of the facilities referred to in this Part are situated, and
(b) every such place is made safe and kept safe for persons using the facilities.
Pregnant women and nursing mothers
104. A contractor responsible for a construction site shall ensure that pregnant women and nursing mothers at work on the site are provided with appropriate facilities as set out in other relevant legislation.
Persons with disabilities
105. A contractor responsible for a construction site shall ensure for that construction site that places of work, where necessary, are organised to take account of persons at work with disabilities, in particular as regards doors, passageways, staircases, showers, washbasins, lavatories and work-stations used or occupied directly by those persons.