Safety, Health and Welfare at Work (Construction) Regulations 2013

• Jurisdiction: Ireland

ARRANGEMENT OF REGULATIONS

PART 1

INTERPRETATION AND GENERAL

1. Citation and Commencement .

2. Interpretation .

3. Keeping records .

4. Application .

5. Revocations and savings .

PART 2

DESIGN AND MANAGEMENT

6. Duties of clients — appointments of project supervisors .

7. Duties to ascertain suitability of project supervisor, designer and contractor appointees .

8. Duties of clients, safety file .

9. Duties of clients, safety and health plan .

10. Duties of clients, notification to the Authority .

11. Duties of project supervisor for the design process, co-ordination and cooperation .

12. Duties of project supervisor for the design process, safety and health plan .

13. Duties of project supervisor for the design process, safety file .

14. Powers of project supervisor for the design process to issue directions .

15. Duties of designers .

16. Duties of the project supervisor for the construction stage, safety and health plan .

17. Duties of the project supervisor for the construction stage, co-ordination and cooperation .

18. Duties of the project supervisor for the construction stage, safety adviser .

19. Duties of the project supervisor for the construction stage, safety awareness and skills certification .

20. Powers of the project supervisor for the construction stage to issue directions .

21. Duties of the project supervisor for the construction stage, safety file .

22. Duties of the project supervisor for the construction stage, notification to the Authority .

23. Site safety representative .

PART 3

GENERAL DUTIES OF CONTRACTORS AND OTHERS

24. Duties of contractors .

25. Safety awareness and skills certification .

26. Appointment of safety officers .

27. Erection and installation of plant or equipment .

28. Consultation .

29. Duties of employees and other persons at work .

PART 4

GENERAL SAFETY PROVISIONS

30. Site safety and access to construction sites .

31. Emergency routes and exits .

32. Doors and gates .

33. Traffic routes and danger areas .

34. Stability and solidity .

35. Protection from falling material and protective safety helmets .

36. Loading bays and ramps .

37. Installations, machinery and equipment .

38. Wet paint on ironwork or steelwork .

39. Helmets or crowns for pile driving .

40. Lighting of work places .

41. Prevention of electrocution .

42. Projecting nails and loose material .

43. Construction of temporary structures .

44. Avoidance of danger from collapse of structure .

45. Fire detection and fire fighting .

46. Floors, walls, ceilings and roofs of rooms .

47. Windows and skylights .

48. Freedom of movement at the workstation .

49. Room dimensions and air space in rooms .

50. Specific measures for escalators and travelators .

PART 5

EXCAVATIONS, SHAFTS, EARTHWORKS, UNDERGROUND WORKS AND TUNNELS

51. Safety precautions .

52. Inspection and examination .

53. Supervision and execution of shoring and other work .

54. Excavations etc. likely to reduce security of a structure .

55. Fencing of excavations, etc.

56. Safeguarding edges of excavations, etc.

PART 6

COFFERDAMS AND CAISSONS

57. Construction and maintenance .

58. Means of egress in case of flooding .

59. Supervision of work and inspection of material .

60. Inspections and examinations .

PART 7

COMPRESSED AIR

61. Interpretation for this Part .

62. Safety precautions and supervision .

63. Plant and equipment .

64. Fitness to work and supervision .

65. Maximum pressure and records .

66. Medical examinations and first aid .

67. Identification badge .

68. Compressions and decompressions .

69. Working chambers .

70. Medical locks .

71. Man-locks .

72. Air-supply .

PART 8

EXPLOSIVES

73. Application of Part 8 .

74. Duties of contractor .

75. Supervision of shotfiring operations and trainee shotfirers and records of appointment .

76. Duties of Explosives Supervisor and shotfirer .

77. Misfires .

78. Prohibited activities .

PART 9

GENERAL HEALTH HAZARDS

79. Health hazards .

80. Atmospheric influences .

81. Ventilation .

82. Temperature .

83. Disposal of waste .

84. Internal combustion engines or dangerous gas .

PART 10

CONSTRUCTION WORK ON OR ADJACENT TO WATER

85. Transport by water .

86. Prevention of drowning .

PART 11

TRANSPORT, EARTHMOVING AND MATERIALS-HANDLING, MACHINERY AND LOCOMOTIVES

87. Safe operation of vehicles .

88. Rails and rail tracks .

89. Clearance .

90. Riding in insecure positions on vehicles, etc.

91. Vehicles near edge of excavations, etc.

92. Protection of driver .

PART 12

DEMOLITION

93. Application of Part 12 .

94. Safety precautions and supervision .

95. Fire and flooding .

96. Precautions in connection with demolition .

PART 13

ROADS, ETC.

97. Works on roads, footpaths and cycle tracks .

PART 14

CONSTRUCTION SITE WELFARE FACILITIES

98. Shelters and accommodation for clothing and for taking meals .

99. Changing rooms and lockers .

100. Washing facilities .

101. Sanitary conveniences .

102. Accommodation areas .

103. Safe access to places where facilities are provided .

104. Pregnant women and nursing mothers .

105. Persons with disabilities .

SCHEDULE 1

NON-EXHAUSIVE LIST OF WORK INVOLVING PARTICULAR RISKS TO THE SAFETY, HEALTH AND WELFARE OF PERSONS AT WORK

SCHEDULE 2

NON-EXHAUSTIVE LIST OF MATTERS TO BE CONSIDERED IN PARTICULAR AS REGARDS THE APPLICATION OF THE GENERAL PRINCIPLES OF PREVENTION TO CONSTRUCTION WORK UNDER THESE REGULATIONS

SCHEDULE 3

MINIMUM PARTICULARS TO BE NOTIFIED BY THE PROJECT SUPERVISOR FOR THE CONSTRUCTION STAGE TO THE HEALTH AND SAFETY AUTHORITY BEFORE THE CONSTRUCTION WORK BEGINS

SCHEDULE 4

SAFETY AWARENESS SCHEME

SCHEDULE 5

CONSTRUCTION SKILLS CERTIFICATION SCHEME

SCHEDULE 6

PROCEDURE FOR SELECTION OF SITE SAFETY REPRESENTATIVES

SCHEDULE 7

LIST OF MACHINERY

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...