Safety, Health And Welfare At Work (Construction) (Amendment) Regulations 2010 SI No. 523 Of 2010

Author:Ms Niav O' Higgins and Martin Cooney
Profession:Arthur Cox


The Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2010 (the "Regulations") give further effect to Council Directive 92/57/EEC on the minimum safety and health requirements at temporary or mobile construction sites and amend the Safety, Health and Welfare at Work (Construction) Regulations 2006 (SI No. 504 of 2006) as previously amended. The Regulations came into effect on 2 November 2010.

The Regulations make a number of amendments principally by inserting revised provisions in relation to the duties of the Project Supervisor Construction Stage ("PSCS") in relation to notification of construction works to the Health and Safety Authority ("HSA"), under Regulation 22. Other amendments relate to duties in relation to safety precautions under Regulation 51, health hazards under Regulation 79 and the requirements for shelters and accommodation for clothing and taking of meals, under Regulation 98.

Amended Requirements for Notification to the HSA by the PSCS

The specific requirements of the duty of the PSCS to give notice to the HSA prior to the commencement of construction works have been amended. The new Regulation 22 remains, in most respects, the same as the previous Regulation 22 save for the reference to the new Schedule 7 which sets out, in greater detail, the particulars which are required to be provided in the notification to the HSA. An Approved Form AF2 is available from the HSA for use by the PSCS to comply with these new requirements. This form need not be used, however, as long as the PSCS uses a notice containing all of the information set out in Schedule 7 of the Regulations.

The minimum particulars that must now be notified by the PSCS are as follows:

(a) Name, address, and contact details for the following:

(i) Client(s);

(ii) Project Supervisor Design Process ("PSDP");

(iii) Health and Safety Coordinator – Design Process (if appointed);

(iv) PSCS; and

(v) Health and Safety Coordinator – Construction Stage (if appointed).

(b) Information on the construction works such as a description of the project, address of the construction site, planned date for commencement, number of weeks the works are expected to take, estimated maximum number of workers on site at any one time and planned number of contractors and self-employed persons expected to work on the site.

(c) Details of contractors chosen for the works.

(d) Date the notice was forwarded to the HSA along with the signature and position of...

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