C o n s t ruction Health and Safety

CONSTRUCTION HEALT HSAFETY AND WELFA R E

Section 3

3 - 1December 1996

N O T E :

Whilst every care has been taken to ensure accuracy withinthis work, no liability whatsoever is accepted by ConstructionHealth and Safety; its sponsoring organisations or theiradvisers in respect of the information given.

No material from this book may be reproduced in anyshape or form without written permission from the publishers.

Printed in Great Britain by ArklePrint Ltd, 17 Gatelodge Close, Round Spinney, Northampton NN3 8RJ.Published by the Construction Confederation,

55 Tufton Street, London SW1P 3QL

3 - 2 June 2003

3 - 2aDecember 2006

Construction Design and Management Regulations 2007

The existing Construction (Design and Management) regulations and the Construction (Health Safety and We l f a re )Regulations are to be combined and replaced with the Construction (Design and Management) Regulations 2007.

The existing regulations are being revised as a result of concerns from the industry that they are complex, bureaucratic anddifficult to implement.

Until the new regulations are in force the existing guidance given in this section is accurate. The following is an outlineguide to the new regulations and is based on the draft regulations published at the time of going to press.

Timetable

The Health and Safety Commission approved the draftset of CDM Regulations on 17 October 2006. Thefollowing timetable is in place for the consideration of thenew regulations:

Deadline for ministerial response 3 November 2006

Regulations in force 6 April 2007

ACoP and Guidance final draft January 2007

General approach to changes

The main changes to CDM 2007 when compared withCDM 1994 (as modified in 2000) relate mainly to theclient, CDM co-ordinator and designer duties. There arefew changes which directly affect the principal contractorand contractors.

There is considerable emphasis within the Regulations onco-operation between all of the parties. In particular thereare very clear requirements to involve the workforce. Whilstt h e re are co-operation re q u i rements in the current CDMregulations, the new regulations will require a higher levelof co-operation in the commitment to implement good healthand safety practices.

These changes are intended to support the industry inchanging behaviour and achieve the next step change inhealth and safety performance.

The other main change in CDM 2007 from CDM 1994is in its layout and content. The Construction (Health, Safetyand Welfare) Regulations 1996 was introduced as a set ofRegulations specific to work on construction sites. Since1996, other Regulations have come into being which havesuperseded these construction-specific Regulations andwhich apply to all industries. The Work at HeightRegulations 2005 is an example where new Regulationshave come into being and the sections relating to work atheight (falls) within the Construction (Health, Safety andWelfare) Regulations 1996 have been revoked.

The CDM 2007 Regulations include the parts of theC o n s t ruction (Health, Safety and We l f a re) Regulationswhich remain in force, although there has been some minorre-wording. The CDM 2007 Regulations will now form themain set of Regulations which are specific to constructionwork with the Construction Head Protection Regulationsbeing the only other construction-specific legislation.

The layout of the draft CDM 2007 Regulations is asfollows;

Part 1 provides definitions and application

Part 2 gives details of general management dutiesapplying to construction projects which appliesto ALL construction work regardless of whetherthe work is notifiable under part 3 of theRegulations.

Part 3 details additional duties where the project isnotifiable.

Part 4 details specific requirements, formerly within theC o n s t ruction (Health, Safety and We l f a re )Regulations 1996.

EVERYONE needs to be aware that Part 2 and Part 4 willapply to them.

Part 5 outlines the transitional arrangements andsummarises regulatory changes.

Summary of Key Changes

1. Regulations re-ordered to group duties together bydutyholder; and to show whether individualp rovisions apply to all projects, or only notifiableprojects. (Notifiable is defined as before, but theapplication provision relating to less than 5 workerson site and demolition/dismantling have beenremoved).

2. The notification trigger is when construction worklasts more than 30 working days or takes more than500 person days.

3. Domestic projects no longer need to be notified.

4. Clients agents and developers provisions removed;a group of clients involved in a project can nowelect one to be the only CDM client.

5. The pre-tender health and safety plan is removed,but replaced with the re q u i rements for the pre -c o n s t ruction information which are similar to there q u i rements for the pre-tender health and safetyplan, but do not re q u i re a document. The maind i ff e rence is that the pre - c o n s t ruction inform a t i o n must be supplied by the client for ALL constructionwork, although it is compiled and distributed by theCDM co-ordinator on notifiable projects.

6. Planning supervisor ceases to exist. CDM Co-o rdinator introduced to support and advise theclient in discharging his duties and co-ord i n a t edesign and planning.

7. Appointment of a CDM co-ordinator or principalcontractor, and a written health and safety plan onlyrequired for notifiable projects (but demolition workand work with a high level of risk requires written

3 - 2b December 2006

systems of work).

8. Dutyholders cannot arrange for, or instruct anyone,to carry out or manage design or construction workunless that person is competent (or being supervisedby someone who is); and cannot accept a CDMappointment/ engagement unless they arecompetent to carry it out.

9. Assessment and demonstration of competencesimplified, with new core criteria and specific ACoPmaterial on individual and corporate competence.

10. General co-operation and co-ordination duties oneveryone involved in a project (relating to others onthe same or adjoining sites); and a specificre q u i rement to implement any preventive andp rotective measures on the basis of the principlesspecified in the Management Regulations.

11. Clients now have the duty, (which already exists inthe Health & Safety at Work Act and ManagementRegulations) to take reasonable steps to ensure thatdutyholders management arrangements (includingtime and other resources) are suitable to enable thec o n s t ruction work to be carried out, (and anyrelated structure designed for use as a place of workcan be used), without risk to health or safety. Clientshave the duty to ensure that the arrangements aremaintained and reviewed throughout the project.

12. Clients must tell designers and contractors howmuch time they have, before the start of work onsite, for planning and preparing construction work.Clients must also ensure that tender documentsinform the contractor of welfare arrangements.

13. For notifiable projects, designers are pro h i b i t e dfrom doing anything more than initial design workb e f o re the co-ordinator has been appointed. In

preparing or modifying a design they are required,so far as is reasonably practicable, to avoid risks tothe health or safety of any person constru c t i n g ,maintaining, repairing, cleaning and using as t ru c t u re designed as a workplace. They musteliminate hazards which may give rise to risks andreduce risks from any remaining hazards.

14. The civil liability exemption has been removed inrelation to employer/employee relationship. TheManagement Regulations have already beenamended along these lines.

15. Various definitions have been changed, includingthose of client, construction phase plan, c o n s t ruction work, contractor, design anddesigner, place of work and structure.

Benefits of Change

The aims of the new regulations are to have the rightpeople for the right job at the right time to manage risks onsite, reduce paperwork and encourage teamwork. Inparticular this includes making:

it easier for duty holders to know what is expected ofthem

it flexible for example making it fit with the vast rangeof contractual arrangements

the focus on planning and management, not paperwork

the focus on integration and co-ordination

it simpler to assess competence (both for organisationsand individuals)

The Construction (Health, Safety and We l f a re) Regulations 1996S.I. 1996 No.1592

3 - 3December 1996

O fficial Te x tThese Regulations may be cited as the Constru c t i o n

(Health, Safety and We l f a re) Regulations 1996 and shallcome into force on 2nd September 1996.

G u i d a n c e

2 . I n t e r p re t a t i o n

O fficial Te x t( 1 ) In these Regulations, unless the context otherw i s e

re q u i res c o n s t ruction site means any place where the principal work activity being carried out is constru c t i o nw o r k ; c o n s t ruction work means the carrying out of anybuilding, civil engineering or engineering constru c t i o nwork and includes any of the following -( a ) the construction, alteration, conversion, fitting out,

commissioning, renovation, repair; upkeep,redecoration or other maintenance (includingcleaning which involves the use of water or anabrasive at high pre s s u re or the use of substancesclassified as corrosive or toxic for the purposes ofregulation 5 of the Carriage of Dangerous Goodsby Road and Rail (Classification, Packaging andLabelling) Regulations 1994), de-commissioning,demolition or dismantling of a stru c t u re ,

( b ) the preparation for an intended stru c t u re, includingsite clearance, exploration, investigation (but notsite survey) and excavation, and laying orinstalling the foundations of the stru c t u re ,

( c ) the assembly of prefabricated elements to form as t ru c t u re or the disassembly of pre f a b r i c a t e delements which, immediately before suchd i s a s s e m b l y, formed a stru c t u re ,

( d ) the removal of a stru c t u re or part of a stru c t u re orof any product or waste resulting from demolitionor dismantling of a stru c t u re or from disassembly ofp refabricated elements which, immediately beforesuch disassembly, formed a stru c t u re, and

( e ) the installation, commissioning, maintenance,repair or removal of mechanical, electrical, gas,c o m p ressed air; hydraulic, telecommunications,computer or similar services which are norm a l l yfixed within or to a stru c t u re ,

but does not include the exploration for or extraction ofmineral re s o u rces or activities pre p a r a t o ry there t oc a rried out at a place where such exploration orextraction is carried out;excavation includes any earthwork, trench, well,shaft, tunnel or underg round working;fragile material means any material which would beliable to fail if the weight of any person likely to passa c ross or work on that material (including the weight ofanything for the time being supported or carried by thatperson) were to be applied to it;

G u i d a n c e

( a ) C o n s t ruction work does not include typical windowc l e a n i n g .

( c ) This element of the definition does not apply there q u i rements of these Regulations to factories or off - s i t eworkshops making products subsequently used inconnection with construction work.

Building, civil engineering or engineering construction workat proposed quarries or mines which is associated with thedevelopment of a site prior to operations to extract mineralre s o u rces is, however, included in the definition ofc o n s t ruction work.

1 . Citation and commencement

loading bay means any facility for loading orunloading equipment or materials for use inc o n s t ruction work;

personal suspension equipment means suspendedaccess equipment (other than a working platform) foruse by an individual and includes a boatswains chairand abseiling equipment but it does not include asuspended scaffold or cradle;

place of work means any place which is used by any person at work for the purposes ofc o n s t ruction work or for the purposes of any activity arising out of or in connection with constru c t i o nw o r k ;

plant and equipment includes any machinery,apparatus, appliance or other similar device, or anyp a rt thereof, used for the purposes of construction workand any vehicle being used for such purpose;

s t ru c t u re means

( a ) any building, steel or re i n f o rced concrete stru c t u re(not being a building), railway line or siding,tramway line, dock, harbour; inland navigation,tunnel, shaft, bridge, viaduct, waterw o r k s ,re s e rvoir; pipe or pipe-line (whatever, in eithercase, it contains or is intended to contain), cable, aqueduct, sewer; sewage works,gasholder; road, airfield, sea defence works, riverworks, drainage works, earthworks, lagoon, dam,wall, caisson, mast, tower, pylon, underg ro u n dtank, earth retaining stru c t u re, or stru c t u redesigned to pre s e rve or alter any natural f e a t u re, and any other stru c t u re similar to thef o regoing, or

( b ) any formwork, falsework, scaffold or others t ru c t u re designed or used to provide support ormeans of access during construction work, or

( c ) any fixed plant in respect of work which isinstallation, commissioning, de-commissioning ordismantling and where any such work involves arisk of a person falling more than 2 metre s .

t r a ffic route means any route the purpose of which isto permit the access to or egress from any part of ac o n s t ruction site for any pedestrians or vehicles, orboth, and includes any doorw a y, gateway, loading bayor ramp;

vehicle includes any mobile plant and locomotive andany vehicle towed by another vehicle;

working platform means any platform used as aplace of work or as a means of access to or egress fro mthat place and includes any scaffold, suspendeds c a ffold, cradle, mobile platform, trestle, gangway, ru n ,g a n t ry, stairway and crawling ladder.

( 2 ) Unless the context otherwise re q u i res, any re f e rence inthese Regulations to-

( a ) a numbered regulation or Schedule, is a re f e re n c eto the regulation or Schedule in these Regulationsso numbered; and

( b ) a numbered paragraph, is a re f e rence to theparagraph so numbered in the regulation orSchedule in which the re f e rence appears.

3 - 4 December 1996

3 - 5December 1998

3 . A p p l i c a t i o n

O fficial Te x t(1) Subject to the following paragraphs of this re g u l a t i o n ,

these Regulations apply to and in relation to constru c t i o nwork carried out by a person at work.

(2) These Regulations shall not apply to any workplaceon a construction site which is set aside for purposes otherthan construction work.

(3) Regulations 15, 19, 20, 21, 22 and 26(1) and (2)apply only to and in relation to construction work carried outby a person at work at a construction site.

G u i d a n c e

(3) Requirements re g a rding traffic routes, emerg e n c yroutes and pro c e d u res, fire precautions, welfare facilitiesand general good order do not apply to places where themain activity is not construction work, e.g. operational fac-tories where, again, the workplace Regulations will apply.

4 . Persons upon whom duties are imposed by these Regulations

O fficial Te x t

(1) Subject to paragraph (5), it shall be the duty of everyemployer whose employees are carrying out constru c t i o nwork and every self-employed person carrying outc o n s t ruction work to comply with the provisions of theseRegulations insofar as they affect him or any person at workunder his control or relate to matters which are within hisc o n t ro l .

(2) It shall be the duty of every person (other than aperson having a duty under paragraph (1) or (3)) whoc o n t rols the way in which any construction work is carr i e dout by a person at work to comply with the provisions ofthese regulations insofar as they relate to matters which arewithin his contro l .

(3) Subject to paragraph (5), it shall be the duty of everyemployee carrying out construction work to comply with there q u i rements of these Regulations insofar as they relate to thep e rf o rmance of or the refraining from an act by him.

(4) It shall be the duty of every person at work -

( a ) as re g a rds any duty or re q u i rement imposed onany other person under these Regulations, tocooperate with that person so far as is necessaryto enable that duty or re q u i rement to be perf o rm e dor complied with; and

( b ) w h e re working under the control of anotherperson, to re p o rt to that person any defect whichhe is aware may endanger the health or safety ofhimself or another person.

(5) This regulation shall not apply to regulations 22 and29(2), which expressly say on whom the duties are imposed.

G u i d a n c eE v e ryone involved in construction work has duties to complywith the re q u i rements of these regulations, eg:

(1) employers and the self-employed who carry outc o n s t ruction work or who control matters covered by there g u l a t i o n s ;

(2) anyone other than employers, the self-employed, oremployees who control the way work is carried out (e.g.clients, management contractors, etc);

(3) employees, in relations to what they must or must notd o .

(4) Everyone at work must:

( a ) co-operate, not only with his employer, but withother persons who have duties under theregulations, and

( b ) re p o rt any hazardous situation to the person inc o n t rol of the work.

(5) The above re q u i rements do not apply in relation tow e l f a re facilities, or to the carrying out of inspections ofs c a ffolds, excavations, coff e rdams, or caissons, for whichspecific duties are laid down in Regs 22 and 29(2).

5 . Safe places of work

3 - 6 December 1996

O fficial Te x t(1) There shall, so far as is reasonably practicable, be

suitable and sufficient safe access to and egress from everyplace of work and to any other place provided for the use ofany person while at work, which access and egress shall bewithout risks to health and properly maintained.

(2) Every place of work shall, so far as is re a s o n a b l ypracticable, be made and kept safe for, and without risks tohealth to, any person at work there .

(3) Suitable and sufficient steps shall be taken to ensure ,so far as is reasonably practicable, that no person gainsaccess to any place which does not comply with there q u i rements of paragraphs (1) or (2).

(4) Paragraphs (1) to (3) shall not apply in relation to aperson engaged in work for the purpose of making anyplace safe, provided all practicable steps are taken toe n s u re the safety of that person whilst engaged in that work.

(5) Every place of work shall, so far as is re a s o n a b l ypracticable and having re g a rd to the nature of the workbeing carried out there, have sufficient working space andbe so arranged that it is suitable for any person who isworking or who is likely to work there .

G u i d a n c e

(3) Access to unsafe areas must be effectively pre v e n t e d ,n o rmally by physical barriers. Wa rning notices alone maynot be suff i c i e n t .

(4) People who are in the process of making places safe(e.g. scaffolders) must themselves be provided with a highlevel of protection to ensure their own safety.

( 5 ) When planning a place of work, due thought must begiven to the space, etc. re q u i red for its future use during thec o n s t ruction pro c e s s .

6 . F a l l s

O fficial Te x t(1) Suitable and sufficient steps shall be taken to pre v e n t ,

so far as is reasonably practicable, any person falling.

(2) In any case where the steps re f e rred to in paragraph(1) include the provision of -

( a ) any guard-rail, toe-board, barrier or other similarmeans of pro t e c t i o n ;

o r

( b ) any working platform ,

it shall comply with the provisions of Schedule I andSchedule 2 re s p e c t i v e l y.

(3) Without prejudice to the generality of paragraph (1)and subject to paragraph (6), where any person is to carryout work at a place from which he is liable to fall a distanceof 2 metres or more or where any person is to use a means ofaccess to or egress from a place of work from which accessor egress he is liable to fall a distance of 2 metres or more -

( a ) t h e re shall, subject to sub-paragraphs (c) and (d)below and paragraph (9), be provided and usedsuitable and sufficient guard-rails and toe-board s ,b a rriers or other similar means of protection top revent, so far as is reasonably practicable, the fallof any person from that place, which guard - r a i l s ,t o e - b o a rds, barriers and other similar means ofp rotection shall comply with the provisions ofSchedule 1; and

G u i d a n c e(1) Precautions must be taken to prevent falls from any

height where injury might re s u l t .

(2) Where working platforms, guardrails, etc arep rovided, they must comply with Schedules 1 and 2 (see p3-22). In part i c u l a r, it should be noted that the gap betweenany guardrail, toeboard or barrier must not exceed 470mm.This means, in practice, that either an intermediate guard r a i lor a sturdy barr i e r, such as brickguards, must be fitted.F u rther guidance is given in Section 7 - Work at Height.

(3) Where a person could be liable to fall a distance of2m or more :

( a ) except where the conditions covered by (c) and (d)below apply, guardrails, toeboards, barriers, etc.complying with Schedule 1 must be fitted; and

( b ) w h e re it is necessary in the interest of the safety ofany person that a working platform be pro v i d e d ,t h e re shall, subject to sub-paragraphs (c) and (d)b e l o w, be so provided and used a sufficient numberof working platforms which shall comply with thep rovisions of Schedule 2; and

( c ) w h e re it is not practicable to comply with all or anyof the re q u i rements of sub-paragraphs (a) or (b)above or where due to the nature or the shortduration of the work compliance with suchre q u i rements is not reasonably practicable, thereshall, subject to sub-paragraph (d) below, bep rovided and used suitable personal suspensionequipment which shall comply with the provisions ofSchedule 3; and

( d ) w h e re it is not practicable to comply with all or anyof the re q u i rements of sub-paragraphs (a), (b) or (c)above or where due to the nature or the shortduration of the work compliance with such re q u i re-ments is not reasonably practicable, such re q u i re-ments of those sub-paragraphs as can be compliedwith shall be complied with and, in addition, thereshall be provided and used suitable and suff i c i e n tmeans for arresting the fall of any person which shallcomply with the provisions of Schedule 4.

(4) Means for the prevention of, or for protection fro m ,falls provided pursuant to sub-paragraph (a) and (d) ofparagraph (3) may be removed for the time and to the extentn e c e s s a ry for the movement of materials, but shall bereplaced as soon as practicable.

(5) A ladder shall not be used as, or as a means ofaccess to or egress from, a place of work unless it isreasonable to do so having re g a rd to -

( a ) the nature of the work being carried out and itsduration; and

( b ) the risks to the safety to any person arising from theuse of the ladder.

(6) Where a ladder is used pursuant to paragraph (5)

( a ) it shall comply with the provisions of Schedule 5;a n d

( b ) the provisions of paragraph (3) shall not apply.

(7) Any equipment provided pursuant to this re g u l a t i o nshall be properly maintained.

(8) (a) The installation or erection of any scaff o l dp rovided pursuant to paragraph (1) or subparagraph (b) ofparagraph (3) and any substantial addition or alteration tosuch scaffold shall be carried out only under the superv i s i o nof a competent person.

( b ) The installation or erection of any personalsuspension equipment or any means of arre s t i n gfalls provided pursuant to sub-paragraphs (c) or (d)of paragraph (3) shall be carried out only under thes u p e rvision of a competent person, and for thepurposes of this paragraph installation shall notinclude the personal attachment of any equipment ormeans of preventing falls to the person for whosesafety such equipment or means is pro v i d e d .

( b ) w h e re provision of a working platform isa p p ropriate, it must be at least 600mm wide andcomply with other re q u i rements of Schedule 2 (seep3-22). Also see Section 7 Work at Height andSuspended scaffolds, p9-53).

( c ) W h e re it is not practicable to provide a workingp l a t f o rm, guardrails, etc. or where such pro v i s i o n ,although practicable, is unreasonable (because ofthe nature or short duration of the work), personalsuspension equipment (e.g. bosuns chairs orabseiling equipment) must be provided and used(see Schedule 3, p3-22). Guidance on personalsuspension equipment is given on p7-37.

( d ) W h e re it is not practicable, or where it would beu n reasonable (because of the nature or shortduration of the work) to provide working platform s ,g u a rdrails, etc. or personal suspension equipment,which comply fully with any of the abovere q u i rements, compliance must be achieved as faras possible. In addition, fall arrest equipment (i.e.safety nets or safety harnesses) must be pro v i d e dand used (see Schedule 4, p3-23). Guidance is alsogiven on p7-34 and p18-15

(4) Guardrails, barriers, etc. or safety nets may beremoved if this is necessary for movement of materials, butmust be replaced as soon as possible.

(5) The risks involved in using a ladder as a place of workmust be assessed (e.g. can the work be done using one hand,with the other hand on the ladder?). Requirements for laddersa re detailed in Schedule 5, p3-23. Also see p7-3 2 .

(6) (a) See p3-23. Guidance is also given on p7-32.

(8) (a)Dismantling should also be supervised by a competentp e r s o n .

3 - 7June 2005

(9) No toe-boards shall be re q u i red in respect of anys t a i rw a y, or any rest platform forming part of a scaff o l d ,w h e re such stairway or platform is used solely as a means ofaccess to or egress from any place or work, provided thatthe stairway or platform is not being used for the keeping orstoring of any material or substance.

(9) A stairway or landing place in a ladder access on as c a ffold does not re q u i re toeboards to be fitted pro v i d e dmaterials are not stored there .

3 - 8 June 2005

7 . Fragile material

O fficial Te x t(1) Suitable and sufficient steps shall be taken to pre v e n t

any person from falling through any fragile material.

(2) Without prejudice to the generality of paragraph (1),

( a ) no person shall pass across, or work on or fro m ,fragile material through which he would be liable tofall 2 metres or more unless suitable and suff i c i e n tp l a t f o rms, coverings or other similar means ofs u p p o rt are provided and used so that the weight ofany person so passing or working is supported bysuch supports; and

( b ) no person shall pass or work near fragile materialt h rough which he would be liable to fall 2 metres orm o re unless there are provided suitable ands u fficient guard-rails, coverings or other similarmeans for preventing, so far as is re a s o n a b l ypracticable, any person so passing or working fro mfalling through that material; and

( c ) w h e re any person may pass across or near or workon or near fragile material through which, were itnot for the provisions of sub-paragraphs (a) and (b)above, he would be liable to fall 2 metres or more ,p rominent warning notices shall be affixed at thea p p roach to the place where the material is situated.

G u i d a n c e(1) Precautions must be taken to prevent falls thro u g h

fragile material from any height.

(2) Where a person could fall 2m or more through fragilem a t e r i a l :

( a ) p roperly secured and supported crawling ladders orb o a rds must be provided and used so that thep e r s o n s weight is on the ladder or boards andnever on the fragile material; and

( b ) suitable and sufficient guardrails must be fitted, orthe nearby fragile sheets must be pro t e c t i v e l yc o v e red to prevent falls through them; and

( c ) p rominent warning notices must be fixed at thea p p roaches to any area covered in fragile material.

F u rther guidance is given in Section 8D - Work on Roofs.

8 . FaIling objects

O fficial Te x t(I) Where necessary to prevent danger to any person,

suitable and sufficient steps shall be taken to prevent, so faras is reasonably practicable, the fall of any material oro b j e c t .

(2) In any case where the steps re f e rred to in paragraph(1) include the provision of

( a ) any guard-rail, toe-board, barrier or other similarmeans of pro t e c t i o n ;

o r

( b ) any working platform ,

it shall comply with the provisions of Schedule I andSchedule 2 re s p e c t i v e l y.

G u i d a n c e(1) All reasonable precautions must be taken to pre v e n t

danger from falling materials or objects.

(2) Measures, such as toe boards, brickguards, etc. andworking platforms must comply with the re q u i rements ofSchedules 1 & 2 (see p3-22).

(3) Where it is not reasonably practicable to comply withthe re q u i rements of paragraph (1) or where it is otherw i s en e c e s s a ry in the interests of safety, suitable and suff i c i e n tsteps shall be taken to prevent any person from being stru c kby any falling material or object which is liable to causei n j u ry.

(4) No material or object shall be thrown or tipped fro ma height in circumstances where it is liable to cause injury toany person.

(5) Materials and equipment shall be stored in such away as to prevent danger to any person arising from thecollapse, overt u rning or unintentional movement of suchmaterials or equipment.

(3) Where it is not reasonably practical to pre v e n tmaterials or objects falling, or there remains a possibility ofdanger to persons below, other steps, such as debris nets,p rotection fans, or exclusion zones must be taken. Guidanceon safety nets (including debris nets) is given on p7-35.

(4) Where there is a possibility of injury to personsb e l o w, materials must be lowered safely to the ground ordisposed of through rubbish chutes (Guidance on ru b b i s hchutes is given in Section 27 - Refurbishment).

(5) Materials and equipment must be stacked safely.

3 - 9December 1996

9 . Stability of stru c t u re s

O fficial Te x t(1) All practicable steps shall be taken, where necessary

to prevent danger to any person, to ensure that any new orexisting stru c t u re or any part of such stru c t u re which maybecome unstable or in a temporary state of weakness orinstability due to the carrying out of construction work(including any excavation work) does not collapsea c c i d e n t a l l y.

(2) No part of a stru c t u re shall be so loaded as to re n d e rit unsafe to any person.

(3) Any buttress, temporary support or temporarys t ru c t u re used to support a permanent stru c t u re pursuant toparagraph (1) shall be erected or dismantled only under thes u p e rvision of a competent person.

G u i d a n c e(1) Precautions must be taken to ensure that the stability of

any stru c t u re (whether temporary or permanent) is notadversely affected by construction work (e.g. excavations).

(2) Stru c t u res, including scaffolds, must not beoverloaded and loads must be evenly distributed.

(3) The erection and dismantling of temporary works,including scaffolding and falsework, must be supervised bya competent person.

1 0 . Demolition or dismantling

O fficial Te x t(1) Suitable and sufficient steps shall be taken to ensure

that the demolition or dismantling of any stru c t u re, or anyp a rt of any stru c t u re, being demolition or dismantling whichgives rise to a risk of danger to any person, is planned andc a rried out in such a manner as to prevent, so far as ispracticable, such danger.

(2) Demolition or dismantling to which paragraph (1)applies shall be planned and carried out only under thes u p e rvision of a competent person.

G u i d a n c eC o m p rehensive guidance is given in Section 8A

Demolition. The dismantling of scaffolding is covered on p7-2 9 .

1 1 . E x p l o s i v e s

O fficial Te x t(1) An explosive charge shall be used or fired only if

suitable and sufficient steps have been taken to ensure thatno person is exposed to risk of injury from the explosion orf rom projected or flying material caused there b y.

G u i d a n c eC o m p rehensive guidance is given in Section 8C

E x p l o s i v e s .

1 2 . E x c a v a t i o n s

3 - 10 December 1996

O fficial Te x t(1) All practicable steps shall be taken, where necessary

to prevent danger to any person, to ensure that any new orexisting excavation or any part of such excavation whichmay be in a temporary state of weakness or instability due tothe carrying out of construction work (including otherexcavation work) does not collapse accidentally.

(2) Suitable and sufficient steps shall be taken to pre v e n t ,so far as is reasonably practicable, any person from beingburied or trapped by a fall or dislodgement of any material.

(3) Without prejudice to the generality of paragraph (2),w h e re it is necessary for the purpose of preventing anydanger to any person from a fall or dislodgement of anymaterial from a side or the roof of or adjacent to anyexcavation, that excavation shall as early as practicable inthe course of the work be sufficiently supported so as top revent, so far as is reasonably practicable, the fall ordislodgement of such material.

(4) Suitable and sufficient equipment for supporting anexcavation shall be provided to ensure that the re q u i re m e n t sof paragraphs (1) to (3) may be compiled with.

(5) The installation, alteration or dismantling of anys u p p o rt for an excavation pursuant to paragraphs (1), (2) or(3) shall be carried out only under the supervision of acompetent person.

(6) Where necessary to prevent danger to any person,suitable and sufficient steps shall be taken to prevent anyperson, vehicle or plant and equipment, or anyaccumulation of earth or other material, from falling into anye x c a v a t i o n .

(7) Where a collapse of an excavation would endangerany person, no material, vehicle or plant and equipmentshall be placed or moved near any excavation where it islikely to cause such collapse.

(8) No excavation work shall be carried out unlesssuitable and sufficient steps have been taken to identify and,so far as is reasonably practicable, prevent any risk of injuryarising from any underg round cable or other underg ro u n ds e rv i c e .

(1/2/3) Where excavations are not suitably battere dback, trench sheeting, timbering or other means of shoring,must be installed to prevent danger to persons from theaccidental collapse of an excavation or from the fall ofmaterial. Note Such steps must be taken irrespective of thedepth of the excavation or the height from which materialsmight fall.

(6) (7) Steps will include:

( a ) e rection of suitable barriers to prevent personsfalling into excavations;

( b ) vehicle stops, such as a balk of timber, to pre v e n tvehicles approaching too close to an excavation;

( c ) the placing of spoil heaps away from the edges ofe x c a v a t i o n s .

( 8 ) Guidance on precautions re g a rding underg ro u n ds e rvices is given in Section 20 - Overhead and Underg ro u n dS e rv i c e s .

C o m p rehensive guidance on excavations is given inSection 8B - Excavation.

1 3 . C o ff e rdams and caissons

O fficial Te x t(1) Every coff e rdam or caisson and every part there o f

shall be of suitable design and construction, of suitable andsound material and of sufficient strength and capacity for thepurpose for which it is used, and shall be pro p e r l ym a i n t a i n e d .

(2) The construction, installation, alteration or dismantlingof a coff e rdam or caisson shall take place only under thes u p e rvision of a competent person.

1 4 . P revention of dro w n i n g

3 - 11December 1996

O fficial Te x t(1) Where during the course of construction work any

person is liable to fall into water or other liquid with a risk ofd rowning, suitable and sufficient steps shall be taken -

( a ) to prevent, so far as is reasonably practicable, suchperson from so falling; and

( b ) to minimise the risk of drowning in the event of sucha fall; and

( c ) to ensure that suitable rescue equipment is pro v i d e d ,maintained and, when necessary, used so that suchperson may be promptly rescued in the event of sucha fall.

( 2 ) Suitable and sufficient steps shall be taken to ensurethe safe transport of any person conveyed by water to orf rom any place of work.

( 3 ) Any vessel used to convey any person by water to orf rom a place of work -

( a ) shall be of suitable construction; and

( b ) shall be properly maintained; and

( c ) shall be under the control of a competent person;a n d

( d ) shall not be overc rowded or overloaded.

G u i d a n c eA risk assessment should be carried out to determine the

p recautions which need to be taken and the type and scaleof equipment and training which needs to be pro v i d e d .

C o m p rehensive guidance is given in Section 8E - Wo r kover Wa t e r.

1 5 . Tr a ffic ro u t e s

O fficial Te x t(1) Every construction site shall be organised in such a

way that, so far as is reasonably practicable, pedestriansand vehicles can move safely and without risks to health.

(2) Tr a ffic routes shall be suitable for the persons orvehicles using them, sufficient in number, in suitable positionsand of sufficient size.

(3) Without prejudice to the generality of paragraph (2),t r a ffic routes shall not satisfy the re q u i rements of thatparagraph unless suitable and sufficient steps are taken toe n s u re that -

( a ) pedestrians or; as the case may be, vehicles mayuse a traffic route without causing danger to thehealth or safety of persons near it;

( b ) any door or gate used or intended to be used bypedestrians and which leads onto a traffic route forvehicles is sufficiently separated from that traff i croute to enable pedestrians from a place of safety tosee any approaching vehicle or plant;

( c ) t h e re is sufficient separation between vehicles andpedestrians to ensure safety or; where this is notreasonably practicable -

( i ) t h e re are provided other means for thep rotection of pedestrians; and

G u i d a n c e(1-4) Careful planning is essential in the setting up of a

c o n s t ruction site to ensure, as far as possible, the safemovement of both vehicles and pedestrians. Wherepossible, there should be separate, clear, access ro u t e s ;b a rriers should be erected where appro p r i a t e .

Such matters as the provision of banksmen when vehiclesa re reversing should be covered in site ru l e s .

( i i ) t h e re are effective arrangements for warn i n gany person liable to be crushed or trapped byany vehicle of the approach of that vehicle;

( d ) any loading bay has at least one exit point for theexclusive use of pedestrians; and

( e ) w h e re it is unsafe for pedestrians to use any gateintended primarily for vehicles, one of more doorsfor pedestrians is provided in the immediate vicinityof any such gate, which door shall be clearlymarked and kept free from obstru c t i o n .

(4) No vehicle shall be driven on a traffic route unless, sofar as is reasonably practicable, that traffic route is free fro mo b s t ruction and permits sufficient clearance.

(5) Where it is not reasonably practicable to comply withall or any of the re q u i rements of paragraph (4), suitable ands u fficient steps shall be taken to warn the driver of the vehicleand any other person riding thereon of any appro a c h i n go b s t ruction or lack of clearance.

(6) Every traffic route shall be indicated by suitable signsw h e re necessary for reasons of health or safety.

(5) (6) Suitable warning signs should be positioned,w h e re appropriate, to warn both drivers and pedestrians ofany risk.

F u rther relevant guidance is contained in HSE booklet HS(G) 150 Health and safety in constru c t i o n .

3 - 12 December 1996

1 6 . Doors and gates

O fficial Te x t(1) Where necessary to prevent the risk of injury to any

person, any door; gate or hatch (including a temporarydoor; gate or hatch) shall incorporate or be fitted withsuitable safety devices.

(2) Without prejudice to the generality of paragraph (1),a door; gate or hatch shall not comply with that paragraphunless -

( a ) any sliding door; gate or hatch has a device top revent it coming off its track during use;

( b ) any upward opening door; gate or hatch has adevice to prevent it falling back;

( c ) any powered door; gate or hatch has suitable ande ffective features to prevent it causing injury bytrapping any person;

( d ) w h e re necessary for reasons of health or safety, anyp o w e red door; gate or hatch can be operatedmanually unless it opens automatically if the powerf a i l s .

(3) This regulation shall not apply to any door; gate orhatch forming part of any mobile plant and equipment.

1 7 . Ve h i c l e s

O fficial Te x t(1) Suitable and sufficient steps shall be taken to pre v e n t

or control the unintended movement of any vehicle.

(2) Suitable and sufficient steps shall be taken to ensurethat, where any person may be endangered by themovement of any vehicle, the person having effective contro lof the vehicle shall give warning to any person who is liableto be at risk from the movement of the vehicle.

G u i d a n c e

(2) Drivers must be instructed on measures which need tobe taken to warn other persons liable to be at risk.

(3) Any vehicle being used for the purposes ofc o n s t ruction work shall when being driven, operated ortowed -

( a ) be driven, operated or towed in such a manner as issafe in the circumstances; and

( b ) be loaded in such a way that it can be driven,operated or towed safely.

(4) No person shall ride or be re q u i red or permitted toride on any vehicle being used for the purposes ofc o n s t ruction work otherwise than in a safe place there o np rovided for that purpose.

(5) No person shall remain or be re q u i red or permitted toremain on any vehicle during the loading or unloading ofany loose material unless a safe place of work is pro v i d e dand maintained for such person.

(6) Where any vehicle is used for excavating or handling(including tipping) materials, suitable and suff i c i e n tm e a s u res shall be taken so as to prevent such vehicle fro mfalling into any excavation or pit, or into water; oro v e rrunning the edge of any embankment or eart h w o r k .

(7) Suitable plant and equipment shall be provided andused for replacing on its track or otherwise safely movingany rail vehicle which may become derailed.

(5) Drivers must not remain in the vehicle during loadingor unloading unless the cabin is fitted with a falling objectsp rotective stru c t u re (FOPS).

F u rther guidance on vehicles and plant is given in Section14 Mechanical Plant and Equipment and in Section 19 -Site Tr a n s p o rt .

3 - 13December 1996

1 8 . P revention of risk from fire etc.

O fficial Te x tSuitable and sufficient steps shall be taken to prevent, so

far as is reasonably practicable, the risk of injury to anyperson during the carrying out of construction work arisingf ro m

( a ) f i re or explosion; or

( b ) flooding; or

( c ) any substance liable to cause asphyxiation.

G u i d a n c eThe risk of fire, explosion, flooding or asphyxiation

arising from any construction work must be assessed anda p p ropriate precautions taken. Such pre c a u t i o n a rym e a s u res should normally be detailed in the Health andSafety Plan.

Guidance on relevant precautions is given in Section 5 -F i re, Section 6 - Highly Flammable Liquids and LiquefiedP e t roleum Gases, Section 8B - Excavations, Section 23Confined Spaces and Section 25 - Hazards to Health.

1 9 . E m e rgency routes and exits

O fficial Te x t(1) Where necessary in the interests of the health and

safety of any person on a construction site, a suff i c i e n tnumber of suitable emergency routes and exits shall bep rovided to enable any person to reach a place of safetyquickly in the event of danger.

(2) An emergency route or exit provided pursuant toparagraph (1) shall lead as directly as possible to anidentified safe are a .

(3) Any emergency route and exit provided ina c c o rdance with paragraph (1), and any traffic route ordoor giving access thereto, shall be kept clear and free fro mo b s t ruction, and, where necessary, provided withe m e rgency lighting so that such emergency route or exit maybe used at any time.

G u i d a n c e

(2) Details of emergency routes and safe areas should bedisplayed and also, norm a l l y, included in the Health andSafety Plan.

(3) Emergency lighting must be provided, whenevern e c e s s a ry, for the safe use of emergency routes. Suchlighting, which should be powered by a source independentf rom that of normal lighting and be immediately effective inthe event of failure of normal lighting, must be suitable ands u fficient for the number of persons likely to use the route. Insome cases, e.g. a security guard working alone, pro v i s i o nof individual lighting (i.e. torches) may be considere ds u ff i c i e n t .

(4) Any provision for emergency routes and exits madeunder paragraph (1) shall have re g a rd to -

( a ) the type of work for which the construction site isbeing used;

( b ) the characteristics and size of the construction siteand the number and location of places of work onthat site;

( c ) the plant and equipment being used;

( d ) the number of persons likely to be present on the siteat any one time; and

( e ) the physical and chemical pro p e rties of anysubstances or materials on or likely to be on the site.

(5) All emergency routes or exits shall be indicated bysuitable signs.

(4) The need for emergency routes and exits should formp a rt of the risk assessment.

(5) See Health and Safety (Safety Signs and Signals)Regulations 1996, p1-35.

3 - 14 December 1996

2 0 . E m e rgency pro c e d u re s

O fficial Te x t(1) Where necessary in the interests of the health and

safety of any person on a construction site, there shall bep re p a red and, when necessary, implemented suitable ands u fficient arrangements for dealing with any forseeablee m e rg e n c y, which arrangements shall include pro c e d u re sfor any necessary evacuation of the site or any part there o f .

(2) Without prejudice to the generality of paragraph (1),a rrangements pre p a red pursuant to that paragraph shallhave re g a rd to those matters set out in paragraph (4) ofregulation 19.

( 3 ) W h e re arrangements are pre p a red pursuant toparagraph (1), suitable and sufficient steps shall be taken toe n s u re that -

( a ) e v e ry person to whom the arrangements extend isfamiliar with those arrangements; and

( b ) the arrangements are tested by being put into eff e c tat suitable interv a l s .

G u i d a n c e(1) Emergency pro c e d u res (e.g. in the event of fire ,

explosion or flooding) should be pre p a red wherea p p ropriate and normally included in the Health and SafetyP l a n .

(2) The need for, and details of, any emerg e n c yp ro c e d u res will be determined by a risk assessment.

(3) (a) I n s t ruction on emergency pro c e d u res shouldn o rmally form part of induction training.

( b )One way of achieving this is for emerg e n c yevacuation routes to be used occasionally at theend of a work period.

2 1 . F i re detection and fire - f i g h t i n g

O fficial Te x t(1) Without prejudice to the provisions of any other

enactment, there shall be provided on a construction sitew h e re necessary in the interests of the health and safety ofany person at work on that site -

( a ) suitable and sufficient fire-fighting equipment; and

( b ) suitable and sufficient fire detectors and alarms y s t e m s .

which shall be suitably located.

(2) Any provision for fire-fighting equipment, firedetectors and alarm systems made under paragraph (1)shall have re g a rd to those matters set out in paragraph (4) ofregulation 19.

G u i d a n c e(1) (a) Guidance is given in Section 5 - Fire .

( b ) In some cases, the risk assessment may indicate thatf i re detectors and alarm systems are not necessary.

(3) Any fire-fighting equipment, fire detector or alarmsystem provided under paragraph (I) shall be pro p e r l ymaintained and subject to examination and testing at suchi n t e rvals as to ensure that such equipment, detector or systemremains eff e c t i v e .

(4) Any fire-fighting equipment which is not designed tocome into use automatically shall be easily accessible.

(5) Every person at work on a construction site shall, sofar as is reasonably practicable, be instructed in the corre c tuse of any fire-fighting equipment which it may be necessaryfor him to use.

(6) Where a work activity may give rise to a part i c u l a rrisk of fire, a person shall not carry out such work unless heis suitably instructed so as to prevent, so far as is re a s o n a b l ypracticable, that risk.

(7) Fire-fighting equipment shall be indicated by suitables i g n s .

(3) Guidance on the maintenance of fire - f i g h t i n gequipment, etc. is given on p5-7.

(5) Instruction should be included in induction training.

(6) Anyone carrying out welding or other hot work mustbe instructed on fire prevention measures. Guidance is givenon p5-12/13 and in Section 11 We l d i n g .

(7) See Health and Safety (Safety Signs and Signals)Regulations 1996, p1-35).

3 - 15June 2005

2 2 . We l f a re facilities

O fficial Te x t(1) It shall be the duty of any person in control of a

c o n s t ruction site to ensure, so far as is re a s o n a b l ypracticable, that the re q u i rements of this regulation arecomplied with in relation to that site.

(2) It shall be the duty of every employer and every self-employed person to ensure that the provisions of paragraphs(3) to (8) are complied with in respect of any person at workon a construction site who is under his contro l .

(3) Suitable and sufficient sanitary conveniences shall bep rovided or made available at readily accessible places,which conveniences shall, so far as is reasonably practic-able, comply with the provisions of paragraphs 1 to 3 ofSchedule 6.

(4) Suitable and sufficient washing facilities, includingshowers if re q u i red by the nature of the work or for healthreasons, shall be provided or made available at re a d i l yaccessible places, which facilities shall, so far as isreasonably practicable, comply with the provisions ofparagraphs 4 to 9 of Schedule 6, save that in respect of thep rovision of showers, paragraph 4(a) of that Schedule shallnot apply.

(5) An adequate supply of wholesome drinking watershall be provided or made available at readily accessibleand suitable places, which supply shall, so far as isreasonably practicable, comply with the provisions ofparagraphs 10 and 11 of Schedule 6.

(6) Suitable and sufficient accommodation shall bep rovided or made available -

( a ) for the clothing of any person at work on ac o n s t ruction site and which is not worn duringworking hours; and

( b ) for special clothing which is worn by any person atwork on a construction site but which is not takenh o m e ,

which accommodation shall, so far as is re a s o n a b l ypracticable, comply with the provisions of paragraph 12 ofSchedule 6.

G u i d a n c e(1) The principal contractor, or person in control, must

e n s u re that suitable and sufficient welfare facilities arep rovided. Relevant matters should be covered in the Healthand Safety Plan where the CDM Regulations apply.

(2) Although employers and the self-employed have theseduties, this does not prevent the agreed sharing of welfaref a c i l i t i e s .

(3) (4) See pages 3-23 and 4-5.

(4) See page 4-5.

( 5 ) See p3-23 and p4-5A.

(6) Clothing should be able to be hung in a clean, warm ,d ry and well ventilated place, with at least a separate hook,peg or hanger for each person. See page 4-5A.

(7) Suitable and sufficient facilities shall be provided ormade available to change clothing in all cases where -

( a ) a person has to wear special clothing for thepurpose of his work; and

( b ) that person cannot, for reasons of health orp ro p r i e t y, be expected to change elsewhere ,

w h e re facilities shall, so far as is reasonably practicable,comply with the provisions set out in paragraph 13 ofSchedule 6.

(8) Suitable and sufficient facilities for rest shall bep rovided or made available at readily accessible places,which facilities shall, so far as is reasonably practicable,comply with the provisions of paragraph 14 of Schedule 6.

(7) Where special clothing is re q u i red to be worn, ade-quate room for changing should be provided and measure staken to ensure security, for example by providing lockers.

W h e re there is a risk of contamination (e.g. fro masbestos), a decontamination unit, containing changingfacilities, showers and separate storage facilities for bothpersonal clothing and protective equipment may be re q u i re d(see p4-6 and p24-25/26).

(8) See page 4-5A.

3 - 16 June 2005

2 3 . F resh air

O fficial Te x t(1) Suitable and sufficient steps shall be taken to ensure ,

so far as is reasonably practicable, that every workplace ora p p roach thereto has sufficient fresh or purified air to ensurethat the place or approach is safe and without risks to health.

(2) Any plant used for the purpose of complying withparagraph (1) shall, where necessary for reasons of healthor safety, include an effective device to give visible oraudible warning of any failure of the plant.

G u i d a n c e(1) Where a risk assessment shows a danger of exposure

to fumes or gases, the atmosphere must be made as safe aspossible by natural or forced ventilation.

(2) Atmospheric monitoring must be carried out, usingsuitable gas detectors.

F u rther guidance is given in Section 23 ConfinedS p a c e s .

2 4 . Te m p e r a t u re and weather pro t e c t i o n

O fficial Te x t(1) Suitable and sufficient steps shall be taken to ensure ,

so far as is reasonably practicable, that during workinghours the temperature at any indoor place of work to whichthese Regulations apply is reasonable having re g a rd to thepurpose for which that place is used.

(2) Every place of work outdoors, shall, where necessaryto ensure the health and safety of persons at work there, beso arranged that, so far as is reasonably practicable andhaving re g a rd to the purpose for which that place is usedand any protective clothing or equipment provided for theuse of any person at work there, it provides protection fro madverse weather.

G u i d a n c e(1) The temperature in indoor workplaces should pro v i d e

reasonable comfort without the need for special clothing. Aminimum of 16C is recommended unless the work involvess e v e re physical eff o rt, in which case the temperature shouldbe at least 13C. Local cooling, by means of fans, may bea p p ropriate in extremely hot weather or when hot work isi n v o l v e d .

3 - 17December 1998

2 5 . L i g h t i n g

O fficial Te x t(1) There shall be suitable and sufficient lighting in

respect of every place of work and approach thereto ande v e ry traffic route, which lighting shall, so far as isreasonably practicable, be by natural light.

(2) The colour of any artificial lighting provided shall notadversely affect or change the perception of any sign orsignal provided for the purposes of health and safety.

(3) Without prejudice to the generality of paragraph (1),suitable and sufficient secondary lighting shall be pro v i d e din any place where there would be a risk to the health orsafety of any person in the event of failure of primarya rtificial lighting.

G u i d a n c e(1) (2) Guidance on lighting is given in Section 10 -

E l e c t r i c i t y.

(3) Secondary lighting is only necessary where a failureof primary lighting could cause danger.

2 6 . Good ord e r

O fficial Te x t(1) Every part of a construction site shall, so far as is

reasonably practicable, be kept in good order and everyp a rt of a construction site which is used as a place of workshall be kept in a reasonable state of cleanliness.

(2) Where necessary in the interests of health and safety,the perimeter of a construction site shall, so far as isreasonably practicable, be identified by suitable signs andthe site shall be so arranged that its extent is re a d i l yi d e n t i f i a b l e .

(3) No timber or other material with projecting nails shall

( a ) be used in any work in which the nails may be as o u rce of danger to any person; or

( b ) be allowed to remain in any place where the nailsmay be a source of danger to any person.

G u i d a n c e(1) Construction sites must be kept tidy.

(2) Guidance on perimeter fencing, etc, is given inSection 4 - Setting Up Site.

2 7 . Plant and equipment

R e v o k e d

2 8 . Tr a i n i n g

O fficial Te x t(1) Any person who carries out any activity involving

c o n s t ruction work where training, technical knowledge orexperience is necessary to reduce the risks of injury to anyperson shall possess such training, knowledge orexperience, or be under such degree of supervision by aperson having such training, knowledge or experience, asmay be appropriate having re g a rd to the nature of thea c t i v i t y.

G u i d a n c eGuidance on relevant training is given in Section 2-

Tr a i n i n g .

2 9 . I n s p e c t i o n

3 - 18 December 1996

O fficial Te x t(1) Subject to paragraph (2), a place of work re f e rred to

in column I of Schedule 7 shall be used to carry outc o n s t ruction work only if that place has been inspected by acompetent person at times set out in the corresponding entryin column 2 of that Schedule and the person who has carr i e dout the inspection is satisfied that the work can be safelyc a rried out at that place.

(2) Without prejudice to paragraph (1), where the placeof work is a part of a scaffold, excavation, coff e rdam orcaisson, any employer or any other person who controls theway in which construction work is carried out by personsusing that part shall ensure that the scaffold, excavation,c o ff e rdam or caisson is stable and of sound construction andthat the safeguards re q u i red by these Regulations are inplace before his employees or persons under his control firstuse that place of work.

(3) Where the person who has carried out an inspectionpursuant to paragraph (1) is not satisfied that constru c t i o nwork can safely be carried out at that place -

( a ) w h e re the inspection was carried out on behalf ofanother person, he shall inform that person of anymatters about which he is not satisfied; and

( b ) the place of work shall not be used until the mattersidentified have been satisfactorily re m e d i e d .

(4) An inspection of a place of work carried out pursuantto paragraph (I) shall include an inspection of any plant andequipment and any materials which affect the safety of thatplace of work.

G u i d a n c e(1) Working platforms, bosuns chairs, abseiling

equipment, supported excavations, coff e rdams and caissonsmust not be used as places of work unless inspections by a competent person, carried out in accordance withSchedule 7 (see p3-24), have shown them to be safe. Also see p1 -30/32.

(2) All employers must satisfy themselves of the safety ofs c a ffolds, excavations, coff e rdams and caissons beforeallowing employees to work on or in them for the first time.

(4) Inspections should include such matters as checks onexcessive loading or obstruction of platforms and onmaterials used for support of excavations, scaffolding, etc.

3 0 . R e p o rt s

O fficial Te x t(1) Subject to paragraphs (5) and (6), where an

inspection is re q u i red under regulation 29(1), the personwho carries out such inspection shall, before the end of theworking period within which the inspection is completed,p re p a re a re p o rt which shall include the particulars set out inSchedule 8.

(2) A person who pre p a res a re p o rt under paragraph (1)shall, within 24 hours of completing the inspection to whichthe re p o rt relates, provide the re p o rt or a copy thereof to theperson on whose behalf the inspection was carried out.

(3) The re p o rt or a copy thereof pre p a red for thepurposes of paragraph (1) shall be kept at the site of theplace of work in respect of which the inspection was carr i e dout and, after that work is completed, shall be retained at ano ffice of the person on whose behalf the inspection wasc a rried out for a period of 3 months from the date of suchc o m p l e t i o n .

(4) A re p o rt pre p a red for the purposes of paragraph (1)shall at all reasonable times be open to inspection by anyinspector; and the person keeping such re p o rt shall send toany such inspector such extracts there f rom or copies there o fas the inspector may from time to time re q u i re for thepurpose of the execution of his duties.

G u i d a n c e(1) See p 3-24. Also see p1-30/32.

(5) No re p o rt is re q u i red to be pre p a red underparagraph (1) in respect of any working platform ora l t e rnative means of support from no part of which a personis liable to fall more than 2 metre s .

(6) Nothing in this regulation shall re q u i re -

( a ) a re p o rt to be pre p a red in respect of any mobiletower scaffold unless it remains erected in the sameplace for a period of 7 days or more ;

( b ) as re g a rds an inspection carried out on a place ofwork for the purposes of paragraph I (ii) of column 2of Schedule 7, the preparation of more than onere p o rt on that place within any period of 24 hours;o r

( c ) as re g a rds an inspection carried out on a place ofwork for the purposes of paragraph 2(i) or 3(i) ofcolumn 2 of Schedule 7, the preparation of more thanone re p o rt on that place within any period of 7 days.

(6) (a) R e p o rts of inspection of mobile tower scaffolds arenot re q u i red unless such towers remain in the sameplace for 7 days or more .

( b ) Only one re p o rt in any 24 hours is re q u i red for theinspections detailed in para. 1 (ii) of column 2 ofSchedule 7.

( c ) Only one re p o rt in any seven days is re q u i red for theinspections detailed in para.2(i) or 3(i) of column 2of Schedule 7.

3 - 19December 1996

3 1 . Exemption cert i f i c a t e s

O fficial Te x t(1) Subject to paragraph (2), the Executive may, by a

c e rtificate in writing, exempt -

( a ) any person or class of person;

( b ) any premises or class of premises; or

( c ) any plant and equipment,

f rom any re q u i rement or prohibition imposed by theseRegulations and any such exemption may be granted subjectto conditions and to a limit of time and may be revoked atany time by a certificate in writing.

(2) The Executive shall not grant any such exemptionunless, having re g a rd to the circumstances of the case and inp a rticular to -

( a ) the conditions, if any, which it proposes to attach tothe exemption; and

( b ) any other re q u i rements imposed by or under anyenactments which apply to the case,

it is satisfied that the health and safety of persons who arelikely to be affected by the exemption will not be pre j u d i c e din consequence of it.

G u i d a n c e(1) Subject of para (2), the HSE may grant exemption

c e rt i f i c a t e s .

(2) Exemptions will be granted only if the health andsafety of persons is not thereby pre j u d i c e d .

3 2 . Extension outside Great Britain

O fficial Te x tThese Regulations shall apply to any activity to which

sections 1 to 59 and 80 to 82 of the Health and Safety atWork etc. Act 1974 apply by virtue of article 8 of the Healthand Safety at Work etc. Act (Application outside Gre a tBritain) order 1995 other than the activities specified in sub-paragraphs (b), (c), (d) and (e) of that article as they apply toany such activity in Great Britain.

G u i d a n c eThese regulations apply to construction activities within

t e rritorial waters.

3 3 . E n f o rcement in respect of fire

3 - 20 June 1998

O fficial Te x t(1) Subject to paragraph (2), the fire authority within the

meaning of section 43(1) of the Fire Precautions Act 1971shall be the enforcing authority as re g a rds -

( a ) regulations 19 and 20 insofar as those re g u l a t i o n srelate to fire; and

( b ) regulation 21,

in respect of a construction site which is contained within,or forms part of premises which are occupied by personsother than those carrying out the construction work or anyactivity arising from such work.

(2) Paragraph (1) shall not apply in respect of anyp remises of a description specified in Part I of Schedule 1 tothe Fire Certificates (Special Premises) Regulations 1976.

G u i d a n c e(1) (2) In the case of a construction site within occupied

p remises, the fire authority is normally the enforc i n gauthority in respect of emergency routes and exits,e m e rgency pro c e d u res, fire detection and fire fighting.H o w e v e r, where the Fire Certificates (Special Pre m i s e s )Regulations 1976 apply (see p5-8), the HSE will be thee n f o rcing authority.

F u rther guidance on these regulations is contained in the following HSE publications:HS(G)150 Health and safety in constru c t i o n .IND(G)220L A guide to the Construction (Health, Safety and We l f a re) Regulations 1996.C o n s t ruction Information Sheet No. 18 (revised) Provision of welfare facilities at fixed construction sites.C o n s t ruction Information Sheet No. 46 Provision of welfare faciliites at transient construction sites.

3 - 21December 1996

Left: Reg. 9(1): where any existingbuilding or structure is likely to bea ffected by excavation work in thev i c i n i t y, shoring or other support mustbe provided to prevent its collapse.

Right: Reg. 12(2): In excavation,tunnelling work, etc. where there isrisk of earth fall or collapse,precautions must be taken to ensurethe safety of those engaged intimbering, etc.

Regs. 9 and 10: during demolition work, overloading offloors with debris, etc. must be avoided (Part of the floorarea is normally removed to permit the free fall of debris).

Reg. 12(6): edges of all excavations into which personsmight fall must be protected by guardrails or barriers. (Aspoil heap can be an effective barrier).

Reg. 14: if there is any risk of men drowning on aconstruction site, rescue equipment (lifebuoys, lifelines,boats, etc.) must be kept ready for immediate use.

Reg. 17(6): when tipping material from a vehicle intoexcavations, measures must be taken to prevent the vehiclefrom running over the edge.

Schedule 1R e q u i rements for guard-rails etc.(See Regulations 6(2), 6(3)(a) and 8(2))

1. A guard-rail, toe-board, barrier or other similar meansof protection shall -

( a ) be suitable and of sufficient strength and rigidity forthe purpose or purposes for which it is being used;a n d

( b ) be so placed, secured and used as to ensure, so faras is reasonably practicable, that it does not becomeaccidentally displaced.

2. Any stru c t u re or any part of a stru c t u re which support sa guard-rail, toe-board, barrier or other similar means ofp rotection or to which a guard-rail, toe-board, barrier orother similar means of protection is attached shall be ofs u fficient strength and suitable for the purpose of suchs u p p o rt or attachment.

3. The main guard-rail or other similar means ofp rotection shall be at least 910 millimetres above the edgef rom which any person is liable to fall.

4. There shall not be an unprotected gap exceeding 470m i l l i m e t res between any guard-rail, toe-board, barrier orother similar means of pro t e c t i o n .

5. To e - b o a rds or other similar means of protection shallnot be less than 150 millimetres high.

6. Guard-rails, toe-boards, barriers and other similarmeans of protection shall be so placed as to prevent, so faras is practicable, the fall of any person, or any material orobject from any place of work.

Schedule 2R e q u i rements for working platform s(See Regulations 6(2), 6(3)(b) and 8(2))

I n t e r p re t a t i o n1 . In this Schedule, supporting stru c t u re means any

s t ru c t u re used for the purpose of supporting a workingp l a t f o rm and includes any plant and equipment used for thatp u r p o s e .

Condition of surf a c e s2 . Any surface upon which any supporting stru c t u re re s t s

shall be stable, of sufficient strength and of suitablecomposition safely to support the supporting stru c t u re, theworking platform and any load intended to be placed on theworking platform .

Stability of supporting stru c t u re3 . Any supporting stru c t u re shall -

( a ) be suitable and of sufficient strength and rigidity forthe purpose or purposes for which it is being used;a n d

( b ) be so erected and, where necessary, secure l yattached to another stru c t u re as to ensure that it isstable; and

( c ) when altered or modified, be so altered or modifiedas to ensure that it remains stable.

Stability of working platform4. A working platform shall -

( a ) be suitable and of sufficient strength and rigidity forthe purpose or purposes for which it is intended tobe used or is being used; and

( b ) be so erected and used as to ensure, so far as isreasonably practicable, that it does not becomeaccidentally displaced so as to endanger anyperson; and

( c ) when altered or modified, be so altered or modifiedas to ensure that it remains stable; and

( d ) be dismantled in such a way as to pre v e n taccidental displacement.

Safety on working platform s5. Any working platform shall -

( a ) be of sufficient dimensions to permit the fre epassage of persons and the safe use of anyequipment or materials re q u i red to be used and top rovide, so far as is reasonably practicable, a safeworking area having re g a rd to the work there beingc a rried out; and

( b ) without prejudice to paragraph (a), be not less than600 millimetres wide; and

( c ) be so constructed that the surface of the workingp l a t f o rm has no gap giving rise to the risk of injuryto any person or; where there is a risk of any personbelow the platform being struck, through which anymaterial or object could fall; and

( d ) be so erected and used, and maintained in suchcondition, as to prevent, so far as is re a s o n a b l ypracticable -

( i ) the risk of slipping or tripping; or

( i i ) any person being caught between the workingp l a t f o rm and any adjacent stru c t u re; and

( e ) be provided with such handholds and footholds asa re necessary to prevent, so far as is re a s o n a b l ypracticable, any person slipping from or falling fro mthe working platform

L o a d i n g6 . A working platform and any supporting stru c t u re shall

not be loaded so as to give rise to a danger of collapse or toany deformation which could affect its safe use.

Schedule 3R e q u i rements for personal suspension equipment(See Regulation 6(3)(c))

1. Personal suspension equipment shall be suitable andof sufficient strength for the purpose or purposes for which itis being used having re g a rd to the work being carried outand the load, including any person, it is intended to bear.

2. Personal suspension equipment shall be secure l yattached to a stru c t u re or to plant and the stru c t u re or plantand the means of attachment thereto shall be suitable and ofs u fficient strength and stability for the purpose of

3 - 22 December 1996

s u p p o rting that equipment and the load, including anyperson, it is intended to bear.

3. Suitable and sufficient steps shall be taken to pre v e n tany person falling or slipping from personal suspensione q u i p m e n t .

4. Personal suspension equipment shall be installed orattached in such a way as to prevent uncontrolled movementof that equipment.

Schedule 4R e q u i rements for means of arresting falls(See Regulation 6(3)(d))

1. In this Schedule, equipment means any equipmentp rovided for the purpose of arresting the fall of any personat work and includes any net or harness provided for thatp u r p o s e .

2. The equipment shall be suitable and of suff i c i e n ts t rength to safely arrest the fall of any person who is liable tof a l l .

3. The equipment shall be securely attached to a stru c t u reor to plant and the stru c t u re or plant and the means ofattachment thereto shall be suitable and of sufficient stre n g t hand stability for the purpose of safely supporting theequipment and any person who is liable to fall.

4. Suitable and sufficient steps shall be taken to ensure ,so far as practicable, that in the event of a fall by any personthe equipment does not itself cause injury to that person.

Schedule 5R e q u i rements for ladders(See Regulation 6(6))

1. Any surface upon which a ladder rests shall be stable,level and firm, of sufficient strength and of suitablecomposition safely to support the ladder and any loadintended to be placed on it.

2. A ladder shall -

( a ) be suitable and of sufficient strength for the purposeor purposes for which it is being used;

( b ) be so erected as to ensure that it does not becomedisplaced; and

( c ) w h e re it is of a length when used of 3 metres orm o re, be secured to the extent that it is practicable todo so and where it is not practicable to secure theladder a person shall be positioned at the foot of theladder to prevent it slipping at all times when it isbeing used.

3. All ladders used as a means of access between placesof work shall be sufficiently secured so as to prevent theladder slipping or falling.

4. The top of any ladder used as a means of access toanother level shall, unless a suitable alternative handhold isp rovided, extend to a sufficient height above the level towhich it gives access so as to provide a safe handhold.

5. Where a ladder or run of ladders rises a vert i c a ldistance of 9 metres or more above its base, there shall,w h e re practicable, be provided at suitable interv a l ss u fficient safe landing areas or rest platform s .

Schedule 6We l f a re facilities(See Regulation 22)S a n i t a ry conveniences

1. Rooms containing sanitary conveniences shall beadequately ventilated and lit.

2. Sanitary conveniences and the rooms containing themshall be kept in a clean and orderly condition.

3. Separate rooms containing sanitary conveniencesshall be provided for men and women, except where and sofar as each convenience is in a separate room the door ofwhich is capable of being secured from the inside.

Washing facilities4. Washing facilities shall be provided -

( a ) in the immediate vicinity of every sanitaryconvenience, whether or not provided elsewhere ;a n d

( b ) in the vicinity of any changing rooms re q u i red byparagraph (7) of regulation 22 whether or notp rovided elsewhere .

5. Washing facilities shall include -

( a ) a supply of clean hot and cold, or warm, water(which shall be running water so far as is re a s o n a b l ypracticable); and

( b ) soap or other suitable means of cleaning; and

( c ) towels or other suitable means of dry i n g .

6. Rooms containing washing facilities shall bes u fficiently ventilated and lit.

7. Washing facilities and the rooms containing them shallbe kept in a clean and orderly condition.

8. Subject to paragraph 9 below, separate washingfacilities shall be provided for men and women, exceptw h e re and so far as they are provided in a room the door ofwhich is capable of being secured from inside and thefacilities in each room are intended to be used by only oneperson at a time.

9. Paragraph 8 above shall not apply to facilities whicha re provided for washing hands, fore a rms and face only

Drinking water10. Every supply of drinking water shall be

conspicuously marked by an appropriate sign wheren e c e s s a ry for reasons of health and safety.

11. Where a supply of drinking water is provided, thereshall also be provided a sufficient number of suitable cups orother drinking vessels unless the supply of drinking water isin a jet from which persons can drink easily.

Accommodation for clothing12. Accommodation for clothing shall include or allow

for facilities for drying clothing.

Facilities for changing clothing13. The facilities for changing clothing shall be separate

facilities for, or separate use of facilities by, men and womenw h e re necessary for reasons of pro p r i e t y.

3 - 23December 1996

Facilities for re s t14. Rest facilities shall -

( a ) include rest facilities provided in one or more re s trooms or rest are a s ;

( b ) include rest rooms or rest areas with suitablea rrangements to protect non-smokers fro md i s c o m f o rt caused by tobacco smoke;

( c ) w h e re necessary, include suitable facilities for anyperson at work who is a pregnant woman or nursingmother to re s t ;

( d ) include suitable arrangements to ensure that mealscan be pre p a red and eaten; and

( e ) include the means for boiling water.

3 - 24 June 1998

Schedule 7Places of work requiring inspection(See Regulation 29(1))

Column 1Place of Wo r k

1. Any working platform or part thereof or any personalsuspension equipment provided pursuant to paragraphs(3)(b) or (c) of regulation 6.

2. Any excavation which is supported pursuant toparagraphs (1), (2) or (3) of regulation 12.

3. Coff e rdams and caissons.

Column 2Time of inspection

1 . ( i ) B e f o re being taken into use for the first time; and

( i i ) after any substantial addition, dismantling or otheralteration; and

( i i i ) after any event likely to have affected its strength orstability; and

( i v ) at regular intervals not exceeding 7 days since thelast inspection.

2 . (i) Before any person carries out work at the start of everyshift; and

( i i ) after any event likely to have affected the strength orstability of the excavation or any part thereof; and

( i i i ) after any accidental fall of rock or earth or otherm a t e r i a l .

3 . (i) Before any person carries out work at the start of everyshift; and

( i i ) after any event likely to have affected the strength orstability of the coff e rdam or caisson or any partt h e re o f

Schedule 8P a rticulars to be included in a re p o rt of inspection(See Regulation 30)

1. Name and address of person on whose behalf theinspection was carried out.

2. Location of the place of work inspected.

3. Description of the place of work or part of that placeinspected (including any plant and equipment and materials,if any).

4. Date and time of inspection.

5. Details of any matter identified that could give rise to arisk to the health or safety of any person.

6. Details of any action taken as a result of any matteridentified in paragraph 5 above.

7. Details of any further action considered necessary.

8. Name and position of person making re p o rt .