STATUTORY INSTRUMENTS. - Health and Safety Authority

1 STATUTORY No. 291 of 2013 Safety , Health AND WELFARE AT WORK ( construction )REGULATIONS 20132[291] No. 291 of 2013 Safety , Health AND WELFARE AT WORK ( construction )REGULATIONS 2013 ARRANGEMENT OF REGULATIONSPART 1 INTERPRETATION AND GENERAL1. Citation and Keeping Revocations and 2 DESIGN AND MANAGEMENT6. Duties of clients appointments of project Duties to ascertain suitability of project supervisor, designer and contrac-tor Duties of clients, Safety Duties of clients, Safety and Health Duties of clients, notification to the Duties of project supervisor for the design process, co-ordination Duties of project supervisor for the design process, Safety and Health Duties of project supervisor for the design process, Safety Powers of project supervisor for the design process to issue Duties of Duties of the project supervisor for the construction stage , Safety andhealth Duties of the project supervisor for the construction stage , co-ordinationand Duties of the project supervisor for the construction stage , Safety adviser.

2 [291]319. Duties of the project supervisor for the construction stage , Safety aware-ness and skills Powers of the project supervisor for the construction stage to Duties of the project supervisor for the construction stage , Safety Duties of the project supervisor for the construction stage , notification tothe Site Safety 3 GENERAL DUTIES OF CONTRACTORS AND OTHERS24. Duties of Safety awareness and skills Appointment of Safety Erection and installation of plant or Duties of employees and other persons at 4 GENERAL Safety PROVISIONS30. Site Safety and access to construction Emergency routes and Doors and Traffic routes and danger Stability and Protection from falling material and protective Safety Loading bays and Installations, machinery and Wet paint on ironwork or Helmets or crowns for pile Lighting of work Prevention of [291]42.

3 Projecting nails and loose construction of temporary Avoidance of danger from collapse of Fire detection and fire Floors, walls, ceilings and roofs of Windows and Freedom of movement at the Room dimensions and air space in Specific measures for escalators and 5 EXCAVATIONS, SHAFTS, EARTHWORKS, UNDERGROUND WORKSAND TUNNELS51. Safety Inspection and Supervision and execution of shoring and other Excavations etc. likely to reduce security of a Fencing of excavations, Safeguarding edges of excavations, 6 COFFERDAMS AND CAISSONS57. construction and Means of egress in case of Supervision of work and inspection of Inspections and 7 COMPRESSED AIR61. Interpretation for this Safety precautions and Plant and equipment.[291]564. Fitness to work and Maximum pressure and Medical examinations and first Identification Compressions and Working Medical 8 EXPLOSIVES73.

4 Application of Part Duties of Supervision of shotfiring operations and trainee shotfirers and records Duties of Explosives Supervisor and Prohibited 9 GENERAL Health HAZARDS79. Health Atmospheric Disposal of Internal combustion engines or dangerous [291]PART 10 construction WORK ON OR ADJACENT TO WATER85. Transport by Prevention of 11 TRANSPORT, EARTHMOVING AND MATERIALS-HANDLING,MACHINERY AND LOCOMOTIVES87. Safe operation of Rails and rail Riding in insecure positions on vehicles, Vehicles near edge of excavations, Protection of 12 DEMOLITION93. Application of Part Safety precautions and Fire and Precautions in connection with 13 ROADS, Works on roads, footpaths and cycle 14 construction SITE WELFARE FACILITIES98. Shelters and accommodation for clothing and for taking Changing rooms and Washing Sanitary Accommodation areas.

5 [291]7103. Safe access to places where facilities are Pregnant women and nursing Persons with 1 NON-EXHAUSIVE LIST OF WORK INVOLVING PARTICULAR RISKSTO THE Safety , Health AND WELFARE OF PERSONS AT WORKSCHEDULE 2 NON-EXHAUSTIVE LIST OF MATTERS TO BE CONSIDERED INPARTICULAR AS REGARDS THE APPLICATION OF THE GENERALPRINCIPLES OF PREVENTION TO construction WORK UNDERTHESE REGULATIONSSCHEDULE 3 MINIMUM PARTICULARS TO BE NOTIFIED BY THE PROJECTSUPERVISOR FOR THE construction stage TO THE HEALTHAND Safety Authority BEFORE THE construction WORKBEGINSSCHEDULE 4 Safety AWARENESS SCHEMESCHEDULE 5 construction SKILLS CERTIFICATION SCHEMESCHEDULE 6 PROCEDURE FOR SELECTION OF SITE SAFETYREPRESENTATIVESSCHEDULE 7 LIST OF MACHINERY8[291] No. 291 of 2013 Safety , Health AND WELFARE AT WORK ( construction )REGULATIONS 2013I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, inexercise of the powers conferred on me by section 58 of the Safety , Health andWelfare at Work Act 2005 (No.)

6 10 of 2005) (as adapted by the Enterprise,Trade and Innovation (Alteration of Name of Department and Title of Minister)Order 2011 ( No. 245 of 2011)) and for the purpose of giving further effectto Council Directive 92/57/EEC1of 24 June 1992 on the implementation of mini-mum Safety and Health requirements at temporary or mobile construction sites,and after consultation with the Health and Safety Authority , hereby make thefollowing Regulations:PART 1 INTERPRETATION AND GENERALC itation and Commencement1. (1) These Regulations may be cited as the Safety , Health and Welfare atWork ( construction ) Regulations 2013.(2) If, prior to the making of these Regulations,(a) a design process for a domestic dwelling, not relating to trade, businessor undertaking, has commenced, or(b) construction stage for a domestic dwelling, not relating to trade, busi-ness or undertaking has commenced,duties of the client in relation to appointment of a project supervisor for thedesign process and appointment of project supervisor for the construction stageshall not apply for a period of 12 months.

7 (3) These Regulations shall not apply to drilling and extraction in the extrac-tive industries as defined by the Safety , Health and Welfare at Work (ExtractiveIndustries) Regulations 1997 ( No. 467 of 1997).(4) These Regulations shall come into operation on 1 August (1) In these Regulations, unless the context otherwise requires Act means the Safety , Health and Welfare at Work Act 2005 (No. 10 of 2005);1OJ L245 , of the making of this STATUTORY Instrument was published in Iris Oifigi il of2nd August, 2013.[291]9 Act of 1875 means the Explosives Act 1875; client means a person for whom a project is carried out; confined space means any place which, by virtue of its enclosed nature createsconditions which give rise to a likelihood of accident, harm or injury of such anature as to require emergency action due to (a) the presence or the reasonably foreseeable presence of (i) flammable or explosive atmospheres,(ii) harmful gas, fume, or vapour,(iii) free flowing solid or an increasing level of liquid,(iv) excess of oxygen,(v) excessively high temperature,(b) lack or reasonably foreseeable lack of oxygen; construction site means any site at which construction work in relation to aproject is carried out.

8 construction stage means the period of time starting when preparation of theconstruction site begins and ending when construction work on the project iscompleted; construction work means the carrying out of any building, civil engineeringor engineering construction work, other than drilling and extraction in theextractive industries as defined by the Safety , Health and Welfare at Work(Extractive Industries) Regulations 1997, and includes but is not limited to eachof the following:(a) the doing of one or more of the following with respect to a structure:(i) construction ;(ii) alteration;(iii) conversion;(iv) fitting out;(v) commissioning;(vi) renovation;(vii) repair;(viii) upkeep;10[291](ix) redecoration or other maintenance, including cleaning involvingthe use of water or an abrasive at high pressure or the use ofsubstances or mixtures classified as corrosive or toxic in accord-ance with Regulation (EC) No.

9 1272/20082of the European Par-liament and of the Council on the Classification, Labelling andPackaging of substances and mixtures or of the European Com-munities (Classification, Packaging and Labelling of DangerousPreparations) Regulations 2004 ( No. 62 of 2004);(x) de-commissioning, demolition or dismantling;(b) the preparation for an intended structure, including but not limitedto site clearance, exploration, investigation (but not site survey) andexcavation, and the laying or installing of the foundations of anintended structure;(c) the assembly of prefabricated elements to form a structure, or thedisassembly of prefabricated elements which, immediately beforesuch disassembly, formed a structure;(d) the removal of a structure or part of a structure or of any productor waste resulting from demolition or dismantling of a structure ordisassembly of prefabricated elements which, immediately beforesuch disassembly, formed a structure.

10 (e) the installation, commissioning, maintenance, repair or removal ofmechanical, electrical, gas, compressed air, hydraulic, telecommuni-cation and computer systems, or similar services which are normallyfixed within or to a structure; contractor means (a) a contractor or an employer whose employees undertake, carry out ormanage construction work, or(b) a person who (i) carries out or manages construction work for a fixed or othersum, and(ii) supplies materials, labour or both, whether the contractor s ownlabour or that of another, to carry out the work; contractor responsible for a construction site includes a contractor responsiblefor a part of the site over which the contractor has control; cycle track means part of a road, including part of a footway or part of aroadway, which is reserved for the use of pedal cycles and from which all mech-anically propelled vehicles, other than mechanically propelled wheelchairs, are2OJ L353 , [291]11prohibited from entering except for the purpose of access to and egress fromsuch a road; design means the preparation of drawings, particulars, specifications, calcu-lations and bills of quantities in so far as they contain specifications or otherexpressions of purpose, according to which a project, or any part or componentof a project, is to be executed; designer means a person engaged in work related to the design of a project.