THE CONSTRUCTION (HEALTH, SAFETY & WELFARE) REGULATION 1996

The Construction (Health, Safety & Welfare) Regulations came into force on 2nd September 1996.  As summarised in the HSE guide, they "Consolidate, modernise and simplify the older requirements and introduce some important new provisions arising from the implementation of an EC directive which was started by the introduction of the Construction (Design & Management) Regulations 1994."

The new Regulations replace the Construction (General Provisions) Regulations 1961, the Construction (Health & Welfare) Regulations 1966 and the Construction (Working Places) Regulations 1966.

The main duty holders under these regulations are employers, the self-employed and those who control the way in which construction work is carried out.  Employees will have duties to carry out their work in a safe way.  Every person carrying out construction work has a duty to report defects and other matters of health and safety.

What are those duties?

Safe Places of Work (Regulation 5)

• A general duty to ensure a safe place of work and safe means of access to and from that place of work.

In order to achieve healthy and safe working conditions it must be ensured that health and safety issues are planned, organised, controlled, monitored and reviewed.

This regulation sets out a general requirement to all construction work equally, to places of work in the ground, at ground level, and at height.  In essence it requires that 'reasonably practicable' steps should be taken to provide for safety and to ensure risks to health are minimised.  This means that action to be taken should be proportionate to the risk involved.

Precautions against Falls (Regulations 6 and 7)

• Prevent falls from height by physical precautions or, where this is not possible, provide equipment that will arrest falls.
  
• Ensure there are physical precautions to prevent falls through fragile materials.
  
• Erect scaffolding, access equipment, harnesses and nets under the supervision of a competent person.
  
• Ensure there are criteria for using a ladder.

Falls account for more than half of the fatal accidents in construction.  The aim of the Regulations is to prevent falls from any height, but there are specific steps to be taken for work over two metres high:

• Above this height, where work cannot be done safely from the ground, the first objective is to provide physical safeguards to prevent falls.  Where possible means of access and working places should be of sound construction and capable of safely supporting both people and the materials needed for the work.  A main guard rail at least 910mm above any edge from which people are liable to fall, a toe board at least 150mm high must be provided for, as well as a sufficient number of intermediate guard rails or suitable alternatives positioned so that the unprotected gap does not exceed 470mm.  Where the barrier is solid, or the space between the upper part of the barrier and the toeboard is completely covered by mesh or similar, an intermediate guard rail is not required.
  
• Sometimes it is either not possible to provide the above safeguards, or the work is of such a short duration of difficulty that it would be not reasonably practicable to do so.  In these circumstances, consider using properly installed personnel equipment such as rope access or boatswain's chair.
  
• If, for the same reasons these methods of work cannot be used, it will be necessary to consider equipment that will arrest falls, i.e. safety harnesses or nets with associated equipment have to be erected or installed under the supervision of a competent person.

Falling Objects (Regulation 8)

• Where necessary to protect people at work and others, take steps to prevent materials or objects from falling.
  
• Where it is not reasonably practical to prevent falling materials, take precautions to prevent people from being struck e.g. covered walkways.
  
• Do not throw any materials or objects down from a height if they could strike someone.
  
• Store materials and equipment safely.
  

Toe boards on working platforms are important to stop materials being kicked, or rolling off platforms.  Fans, netting, hoardings or protected walkways may also be needed to protect workers, site visitors and the public where there is particular risk from falling materials.

Work on Structures (Regulations 9, 10 and 11)

• Prevent accidental collapse of new or existing structures or those under construction.
  
• Make sure any dismantling or demolition of any structure is planned and carried out in a safe manner under the supervision of a competent person.
  
• Only fire explosive charges after steps have been taken to ensure that no one is exposed to risk or injury from the explosion.
  

Every year there are structural collapses which have the potential to cause serious accidents.   The CHSW regulations set a high standard to prevent collapse which involves taking into account the hazard during the planning stage.  Demolition or dismantling are recognised as high risk activities.  In any case where this work presents risk or danger to anyone, it should be planned and carried out under the direct supervision of a competent person.

Excavations, Cofferdams and Caissons (Regulations 12 and 13)

• Prevent collapse of ground both in and above excavations.
  
• Identify and prevent risk from underground cables and other services.
  
• Ensure cofferdams and caissons are properly designed, constructed and maintained.
  

Every year people are killed or seriously injured while working in excavations.  Many are killed or injured by collapses and falling materials, some are killed or injured when they contact buried underground services.  Groundwork has to be properly planned and carried out to prevent accidents.

Before digging pits, tunnels, trenches or other excavations, decide what temporary supports will be required and plan the precautions that are going to be taken against:

• Collapse of the sides.
  
• Undermining nearby structures etc.
  
• Underground services.
  
• People and vehicles falling into the excavation.

Before work starts make sure the equipment and precautions needed such as trench sheets, props, baulks etc are available.  If information such as results of soils tests or trial holes is available, it may provide useful data on conditions likely to be found on site which can assist planning.

Prevention or Avoidance of Drowning (Regulation 14)

• Take steps to prevent people from falling into water or other liquid so far as is reasonably practicable.
  
• Ensure that personal protective and rescue equipment is immediately available for use and maintained in the event of a fall.
  
• Make sure that transport by water is under the control of a competent person.
  

There is a risk of drowning when people work beside or above water or have to pass near or across it.  People can also drown in other liquids such as slurries in lagoons etc.

To prevent drowning provide:

• Barriers to stop people from falling into the water or other liquids.  For example guard rails and toe boards.
  
• Life-jackets or buoyancy aids.  People may need to wear life preservers and must be trained in their use when there is a great risk of falling into the water.
  
• Rescue equipment.  This may include a boat or lifebelts and safety lines.
  

Traffic Routes, Vehicles, Doors and Gates (Regulations 15, 16 and 17)

• Ensure construction sites are organised so that pedestrians and vehicles can both move safely and without risks to health.
  
• Make sure routes are suitable and sufficient for the people or vehicles using them.
  
• Prevent or control the unintended movement of any vehicle.
  
• Make arrangements for giving a warning of any possible dangerous movement, e.g. reversing vehicles.
  
• Ensure safe operation of vehicles including prohibition of riding or remaining in unsafe positions.
  
• Make sure doors and gates which could present danger, e.g. trapping risk of powered doors and gates, are provided with suitable safeguards.
  

Moving vehicles or vehicles overturning kill workers every year on construction sites.  The risk can be reduced if the use of vehicles and mobile plants are properly managed.  Plan the site to reduce the risks:

• Provide safe site entry and exit points with adequate turning room and good visibility for vehicle drivers.  Good visibility and lighting is especially important where vehicles must come close to pedestrians.  Where necessary, provide a banksman or signaller.
  
• Aim to keep pedestrians separate from vehicles by providing barriered footways etc.
  
• To avoid the need for vehicles to reverse wherever possible consider a one-way system.
  
• Consider fitting audible reversing alarms to vehicles where reversing is necessary.
  
• Make use of trained banksmen or signallers to control high risk situations.
  
• Set out clear routes across the site avoiding sharp bends, overhead cables and other hazards.

Prevention and Control of Emergencies (Regulations 18, 19, 20 and 21)

• Prevent risk from fire, explosion, flooding and asphyxiation.
  
• Provide emergency routes and exits.
  
• Make arrangements for dealing with emergencies including procedures for evacuation of the site.
  
• Where necessary, provide fire-fighting equipment, fire detectors and alarms.

These Regulations, which come from the European Directive, require the prevention of risk as far as it is reasonably practicable to achieve.  However, there are times when emergencies do arise and planning is needed to ensure, for example, that emergency routes are provided and evacuation procedures are in place.

Welfare Facilities (Regulation 22)

• Provide sanitary and washing facilities and an adequate supply of drinking water.
  
• Provide rest facilities.
  
• Provide facilities to change and store clothing.
  

The availability of suitable welfare facilities can have a major effect on those working in the construction industry.  Adequate washing and toilet facilities, a place for eating their food, warming up and somewhere for storing clothing should be provided.

The responsibility for providing or making available welfare facilities as necessary falls to both employers and the self-employed who have control over others doing construction work.  Those in overall control of the site are responsible for ensuring that legal duties are met by others who are working on the site.

The welfare facilities can be arranged separately or jointly with others, but should be sufficient for everybody who is working on the site.  If facilities such as toilets and canteens provided by someone else are to be used, check that they are suitable and properly maintained.  They should be warm and properly ventilated.  Arrangements still need to be made for welfare facilities where the work is of short duration.

Site-wide Issues (Regulations 23, 24, 25, 26 and 27)

• Ensure sufficient fresh or purified air is available at every workplace, and associated plant is capable of giving visible or audible warning of failure.
  
• Make sure reasonable working temperature is maintained at indoor work places during working hours.
  
• Provide facilities for protection against adverse weather conditions.
  
• Make sure suitable and sufficient emergency lighting is available.
  
• Make sure suitable and sufficient lighting is available, including providing secondary lighting where there would be a risk to health or safety if primary or artificial lighting failed.
  
• Keep construction site in good order and in a reasonable state of cleanliness.
  
• Ensure the perimeter of a construction site to which people other than those working on the site could gain access, is marked by suitable signs so that its extent can be easily identified.
  
• Make sure all plant and equipment used for construction work is safe, of sound construction and used and maintained so that it remains safe and with out risks to health.

All of these duties (with exception of those for lighting) are governed by the term 'so far as is reasonably practicable.'

Training, Inspection and Reports (Regulations 28, 29 and 30)

• Ensure construction activities where training, technical knowledge or experience is necessary to reduce risks of injury are only carried out by people who meet these requirements or, if not, are supervised by those with appropriate training, knowledge, or experience.
  
• Before work at height, on excavations, cofferdams or caissons begins, make sure the place of work is inspected, (and at subsequent specific periods), by a competent person, who must be satisfied that the work can be done safely.
  
• Following inspection, ensure written reports are made by the competent person.

Lack of training has been identified as one of the major contributory factors in accidents and ill health in construction.  Many activities are made safe simply by ensuring that those doing the work have knowledge of and understand the importance of safe practices.

The frequency of inspections depends on the nature and place of work.  For example, following the initial inspection, work at places over two metres require weekly inspections.   In contrast, for work in excavations, (including shafts and tunnels), inspections are necessary at the beginning of every shift.  Inspections help to ensure that safety is monitored during changing site conditions.

Reports detailing inspections are generally required every time an inspection is carried out, but there are exemptions.  For example, weekly reports only are needed for inspections of excavation work, and unless the tower scaffold remains in the same place for seven days or more, inspection of tower scaffolds do not have to be recorded.

RELATED GUIDANCE AND FURTHER INFORMATION

HSE Health and Safety in Construction HSE Books 1996 HS(G) 150 ISBN 0 7176 1143 4

HSE Electrical Safety on Construction Sites HS(G)141 HSE Books 1995 HSE Books ISBN 0 7176 1000 4

HSC Managing Construction for Health and Safety Construction (Design and Management) Regulations 1994 Approved Code of Practice L54 HSE Books ISBN 0 7176 0792 5

HCS A Guide to Managing Health and Safety in Construction HSE Books 1995 ISBN 0 7176 0755 0

HCS Design for Health and Safety in Construction HSE Books 1995 ISBN 0 7176 0807 7

HSE also produces other guidance on construction health and safety, including Guidance Notes and Information Sheets.  For further information please contact your local HSE office.  You will find their telephone number and address in the telephone directory or in Information Sheet No 6.

HSE priced and free publications are available by mail order from: HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS Tel: +44 (0) 1787 881165 Fax: +44 (0) 1787 313995

HSE priced publications are available from good booksellers.

For other enquiries ring HSE's InfoLine, Tel: +44 (0) 541 545500, or write to HSE's Information Centre, Broad Lane, Sheffield S3 7HQ