Work at Construction Sites) Regulations, 2018

L.N. 88 of 2018

OCCUPATIONAL HEALTH AND SAFETY AUTHORITY ACT

(CAP. 424)

Work Place (Minimum Health and Safety Requirements for

Work at Construction Sites) Regulations, 2018

IN EXERCISE of the powers conferred by article 12 of the

Occupational Health and Safety Authority Act, the Minister for

European Affairs, and Equality, after consultation with the

Occupational Health and Safety Authority, has made the following

regulations:-

(1)

The title of these regulations is the Work Place

(Minimum Health and Safety Requirements for Work at Construction

Sites) Regulations, 2018.

(2)

The scope of these regulations is to lay down

minimum health and safety requirements for work at construction

sites.

(3)

These regulations shall not apply to drilling and

extraction in the extractive industries including the activities of

prospecting and of extraction in the strict sense of the word as well as

of preparation of extracting materials for sale (crushing, screening,

washing) but they would apply to the processing of such extracted

material.

(4)

The provisions of the General Provisions for

Health and Safety at Work Places Regulations, are fully applicable to

the whole scope referred to in sub-regulation (2), without prejudice to

more stringent and, or specific provisions contained in the herein

mentioned regulations.

(5)

These regulations shall come into force on the 1st

August 2018.

(Regulation 2)

NON-EXHAUSTIVE LIST OF BUILDING AND CIVIL

ENGINEERING WORKS

1. Excavation

2. Earthworks

3. Construction

4. Assembly and disassembly of prefabricated elements

5. Conversion or fitting-out

6. Alterations

7. Renovation or restoration

8. Repairs

9. Dismantling

10. Demolition

11. Upkeep

12. Maintenance – painting and cleaning work

13. Drainage

In these regulations, unless the context otherwise requires

"the Act" means the Occupational Health and Safety Authority

Act;

"the Authority" means the Occupational Health and Safety

Authority established by article 8 of the Act;

"client" means any natural or legal person for whom a project is

carried out;

"competent person" means a person possessing adequate

qualifications, suitable training and sufficient knowledge, experience

and skill for the safe performance of the specific task or work

required;

"construction site" means any construction site at which

building or civil engineering works are carried out, a non-exhaustive

list of which is given in Schedule I;

"contractor" means a contractor or employer whose workers

undertake, carry out or manage construction work, and who supplies

materials and, or labour to carry out such work;

"domestic client" means a client for whom a project is being

carried out which is not in the course or furtherance of a business of

that client;

"health and safety file" means a file containing relevant health

and safety information to be taken into account during any subsequent

works;

"health and safety plan" means a document establishing the

rules applicable to the construction site and the specific measures

concerning work which falls within one or more categories of

Schedule II;

"project" means any development which includes or is intended

to include construction work;

"project supervisor" means any natural or legal person

responsible for the health and safety supervision of a project,

appointed by a client;

"scaffold or scaffolding" means any temporary structure on or

from which persons may perform work in connection with an activity

to which these regulations apply, and any temporary structure which

enables persons to obtain access to or which enables materials to be

taken to any place at which such work is performed, and includes any

working platform, gangway, run, ladder or step-ladder (other than an

independent ladder or step-ladder which does not form part of such a

structure) together with any guard-rail, toe-board or other safe guards

and all fixings, but does not include a lifting appliance or a structure

used merely to support such an appliance or to support other

machinery or plant;

"self-employed person" means any person, other than a person

in the employment, traineeship or apprenticeship of a contractor,

whose professional activity contributes to the completion of a project.

(Regulations 2, 4 and 5)

NON-EXHAUSTIVE LIST OF WORK INVOLVING

PARTICULAR RISKS TO THE HEALTH AND SAFETY OF

WORKERS

1. Work which puts workers at risk of burial under earth falls,

engulfment in swampland or falling from a height, where

the risk is particularly aggravated by the nature of the work

or processes used or by the environment at the place of

work or site.

2. Work which puts workers at risk from chemical or

biological substances constituting a particular danger to the

health and safety of workers or involving a legal

requirement for health monitoring.

3. Work with ionizing radiation requiring the designation of

controlled or supervised areas.

(a)Controlled area means an area subject to special rules

for the purposes of protection against ionizing

radiation and to which access is controlled.

(b)Supervised area means an area subject to appropriate

supervision for the purpose of protection against

ionizing radiation.

4. Work near high voltage power lines.

5. Work exposing workers to the risk of drowning.

6. Work on wells, underground earthworks and tunnels.

7. Work carried out by drivers having a system of air supply.

8. Work carried out by workers in caisson with a compressed-

air atmosphere.

9. Work involving the use of explosives.

10. Work involving the assembly or dismantling of heavy

prefabricated components.

(1)

It shall be the duty of a client to appoint, in respect

of every project, a project supervisor for the design and execution

stage, and any such appointment shall be terminated, changed or

renewed as necessary

Provided that nothing in this regulation, shall prevent the

client from acting as project supervisor for any stage if he is

competent to undertake the duties involved.

(2)

It shall be the duty of a client to keep and make

available any health and safety files prepared in accordance with sub-

regulation (4) of regulation 5 and any other relevant information

regarding health and safety, for inspection by any person who may

need information in the file for the purpose of compliance with any

statutory obligations.

(3)

The client shall ensure that prior to the setting up of

a construction site, a health and safety plan is drawn up in accordance

with sub-regulation (4) of regulation 5.

(4)

Where a client disposes of his or her interests in the

project, a client shall deliver the health and safety file in respect of the

project to that person who acquires such interest in the project, and

any obligations arising out of these regulations remaining for the

duration of the project, shall be assumed by this person.

(5)

Except where provided in regulation 4, when a

client fails to appoint a project supervisor, the client will ipso facto be

deemed to be the project supervisor for the purpose of these

regulations.

(6)

No client may transfer the obligation to appoint a

project supervisor to any other person except as provided for in these

regulations.

(Regulation 5)

CONTENT OF THE PRIOR NOTICE REFERRED TO IN SUB-

REGULATION (3) OF REGULATION 5

1. Date of forwarding.

2. Exact address of the construction site.

3. Client(s) (name(s) and address(es)).

4. Type of project.

5. Project supervisor(s) (name(s) and address(es)).

6. Date planned for start of work on the construction site.

7. Planned duration of work on the construction site.

8. Estimated maximum

number

of

workers

on

the

construction site.

9. Planned number of contractors and self-employed persons

on the construction site.

10. Details of contractors already chosen.

Where the client is a domestic client, regulation 3 shall not

apply if the following conditions are met

(a)

the project does not require a prior notice in terms

of sub-regulation (3) of regulation 5;

(b)

only one contractor for the whole project will be

present; and

(c)

work does not involve particular risks as listed in

Schedule II.

(Regulation 10)

MINIMUM HEALTH AND SAFETY REQUIREMENTS

FOR CONSTRUCTION SITES

Preliminary remarks

The obligations laid down in this Schedule apply wherever

required by the features of the construction site, the

activity, the circumstances or a hazard. For the purposes

of this Schedule, 'rooms' covers, inter alia, hutted

accommodation.

PART A: GENERAL MINIMUM REQUIREMENTS

FOR ON-SITE WORKPLACES

1. Stability and solidity

1.1. Materials, equipment and, more generally, any component

which, when moving in any way, may affect the health

and safety of workers must be stabilized in an

appropriate and safe manner.

1.2. Access to any surface involving insufficiently resistant

materials is not authorized unless appropriate equipment

or means are provided to enable the work to be carried

out safely.

2. Energy distribution installations

2.1. The installations must be designed, constructed and used

so as not to present a fire or explosion hazard; persons

must be adequately protected against the risk of

electrocution caused by direct or indirect contact.

2.2. The design, construction and choice of equipment and

protection devices must take account of the type and

power of the energy distributed, external conditions and

the competence of persons with access to parts of the

installation.

3. Emergency routes and exits

3.1. Emergency routes and exits must remain clear and lead as

directly as possible to a safe area.

3.2. In the event of danger, it must be possible for workers to

evacuate all workstations quickly and as safely as

possible.

3.3. The number, distribution and dimensions of emergency

routes and exits depend on the use, equipment and

dimensions of the site and of the rooms and the

maximum number of persons that may be present.

3.4. Specific emergency routes and exits must be indicated by

signs in accordance with regulations in force.

Such signs must be sufficiently resistant and be placed at

appropriate points.

3.5. Emergency routes and exits, and the traffic routes and

doors giving access to them, must be free from

obstruction so that they can be used at any time without

hindrance.

3.6. Emergency routes and exits requiring illumination must be

provided with emergency lighting of adequate intensity

in case the lighting fails.

4. Fire detection and fire fighting

4.1. Depending of the characteristics of the site, the dimensions

and use of the rooms, the on-site equipment, the physical

and chemical properties of the substances present and

the maximum potential number of people present, an

adequate number of appropriate fire-fighting devices

and, where required, fire detectors and alarm systems

must be provided.

4.2. These fire-fighting devices, fire detectors and alarm

systems must be regularly checked and maintained.

Appropriate tests and drills must take place at regular

intervals.

4.3. Non-automatic fire-fighting equipment be easily accessible

and simple to use. The equipment must be indicated by

signs in accordance with the regulations contained in the

Work Place, (Provisions of Health and, or Safety Signs)

Regulations, (S.L. 424.16.)

Such signs must be sufficiently resistant and placed at

appropriate points.

5. Ventilation

Steps shall be taken to ensure that there is sufficient supply

of fresh air, having regard to the working methods used

and the physical demands placed on the workers.

If a forced ventilation system is used, it must be

maintained in working order and must not expose

workers to draughts which are harmful to health.

Any breakdown must be indicated by a control system

where this is necessary for workers' health.

6. Exposure to particular risks

Workers must not be exposed to harmful levels of noise or

to harmful external influences (e.g. gases, vapours,

dust).

If workers have to enter an area where the atmosphere is

liable to contain a toxic or harmful substance or to have

an insufficient oxygen level or to be inflammable, the

confined atmosphere must be monitored and appropriate

steps taken to prevent any hazards.

A worker may not in any circumstances be exposed to a

high-risk confined atmosphere. He must at least be

watched at all times from outside and all appropriate

precautions must be taken to ensure that he can be

assisted effectively and immediately.

7. Temperature

During working hours, the temperature must be

appropriate for human beings, having regard to the

working methods used and the physical demands placed

on the workers.

8. Natural and artificial lighting of workstations, rooms and

traffic routes on the site

8.1. Workstations, rooms and traffic routes must as far as

possible have sufficient natural lighting and be provided

with appropriate and sufficient artificial lighting at night

and when natural daylight is inadequate; where

necessary, portable light sources that are protected

against impact must be used.

The colour of artificial light used must not alter or affect

the perception of signals or signposts displaying such

signs.

8.2. Lighting installations for rooms, workstations and traffic

routes must be placed in such a way that there is no risk

of accident to workers as a result of the type of lighting

fitted.

8.3. Rooms, workstations and traffic routes where workers are

especially exposed to risks in the event of artificial

lighting, must be provided with emergency lighting of

adequate intensity.

9. Doors and gates

9.1. Sliding doors must be fitted with a safety device to prevent

them from being derailed and falling over.

9.2. Doors and gates opening upwards must be fitted with a

mechanism to secure them against falling back.

9.3. Doors and gates along escape routes must be appropriately

marked.

9.4. In the immediate vicinity of gates intended primarily for

vehicle traffic, there must be doors for pedestrian traffic

unless it is safe for pedestrians to cross; such doors must

be clearly marked and kept free at all times.

9.5. Mechanical doors and gates must operate without any risk

of accident to workers. They must be fitted with

emergency stop devices which are easily identifiable and

accessible and, unless they open automatically in the

event of a power-cut, it must be possible for them to be

opened manually.

10. Traffic routes - danger areas and safe means of access and

egress

10.1. Traffic routes, including stairs, fixed ladders and loading

bays and ramps, must be calculated, located, laid out and

made negotiable to ensure easy, safe and appropriate

access in such a way as not to endanger workers

employed in the vicinity of these traffic routes.

10.2. Routes used for pedestrian traffic and, or goods traffic

including those used for loading and unloading must be

dimensioned in accordance with the number of potential

users and the type of activity concerned.

If means of transport are used on traffic routes, a sufficient

safety clearance or adequate protective devices must be

provided for other site users.

Routes must be clearly marked, regularly checked and

properly maintained.

10.3. Sufficient clearance must be allowed between vehicle

traffic routes and doors, gates, passages for pedestrians,

corridors and staircases.

10.4. If the site includes limited-access areas, these must be

equipped with devices to prevent unauthorized workers

from entering.

Appropriate measures must be taken to protect workers

who are authorized to enter the danger areas.

Danger areas must be clearly signposted.

10.5. Sufficient safe means of access and egress must be

provided and maintained to and from every workplace at

which any person has at any time to perform any work

and every such place must be made and kept safe for any

person working and/or being present there.

11. Loading bays and ramps

11.1. Loading bays and ramps must be suitable for the

dimensions of the loads to be transported.

11.2. Loading bays must have at least one exit point.

11.3. Loading ramps must be sufficiently safe, to prevent

workers from falling off.

12. Freedom of movement at the workstation

The floor area at the workstation must be such as to allow

workers sufficient freedom of movement to perform

their work, taking account of any necessary equipment

or appliances present.

13. First aid

13.1. The contractor must ensure that first aid can be provided,

and that the staff trained to provide it can be called upon,

at any time.

Measures must be taken to ensure that workers who have

had an accident or have suddenly been taken ill can be

removed for medical treatment.

13.2. One or more first-aid rooms must be provided where the

scale of the works or the types of activity being carried

out so require.

13.3. First-aid rooms must be fitted with essential first-aid

installations and equipment and be easily accessible to

stretchers.

They must be signposted in accordance with the Work

Place, (Provisions of Health and, or Safety Signs)

Regulations, (S.L. 424.16.).

13.4. In addition, first-aid equipment must be available at all

places where working conditions so require.

This equipment must be suitably marked and easily

accessible.

The address and telephone number of the local emergency

service must be clearly displayed.

14. Sanitary equipment

14.1. Changing rooms and lockers.

14.1.1. Appropriate changing rooms must be provided for

workers if they have to wear special work clothes and if,

for reasons of health or propriety, they cannot be

expected to change in another area.

Changing rooms must be easily accessible, be of sufficient

capacity and be provided with seating.

14.1.2. Changing rooms must be sufficiently large and have

facilities to enable each worker, where necessary, to dry

his working clothes as well as his own clothing and

personal effects and to lock them away.

If circumstances so require (e.g. dangerous substances,

humidity, dirt), facilities must be provided to enable

working clothes to be kept in a place separate from

workers' own clothes and personal effects.

14.1.3. Provisions must be made for separate changing rooms or

separate use of changing rooms for men and women.

14.1.4. If changing rooms are not required as referred to in point

14.1.1, first paragraph, each worker must be provided

with a place in which he can lock away his own clothes

and personal effects.

14.2. Showers and washbasins

14.2.1. Suitable showers in sufficient numbers must be provided

for workers if required by the nature of the work or for

health reasons.

Provisions must be made for separate shower rooms or

separate use of shower rooms for men and women.

14.2.2. The shower rooms must be sufficiently large to permit

each worker to wash without hindrance in conditions of

an appropriate standard of hygiene.

The showers must be equipped with hot and cold running

water.

14.2.3. Where showers are not required as required by the first

paragraph of point 14.2.1, a sufficient number of suitable

washbasins with running water (hot water if necessary)

must be provided in the vicinity of the workstations and

the changing rooms.

Provisions must be made for separate washbasins, or

separate use of washbasins for men and women when so

required for reasons of propriety.

14.2.4. Where the rooms housing, the showers or washbasins are

separate from the changing rooms, there must be easy

communication between the two.

14.3. Lavatories and washbasins

Special facilities with an adequate number of lavatories

and washbasins must be provided for workers in the

vicinity of workstations, rest rooms, changing rooms and

rooms housing showers or washbasins.

Provisions must be made for separate lavatories or separate

use of lavatories for men and women.

15. Rest rooms and, or accommodation areas

15.1. Where the safety or health of workers, in particular

because of the type of activity carried out or the presence

of more than a certain number of employees as well as

the remote nature of the site, so require, workers must be

provided with easily accessible rest rooms and, or

accommodation areas.

15.2. Rest rooms and, or accommodation areas must be large

enough and equipped with an adequate number of tables

and seats with supporting backs for the number of

workers concerned.

15.3. If there are no facilities of this kind, other facilities must be

provided in which workers can stay during interruptions

in work.

15.4. Fixed accommodation areas unless used only in

exceptional cases, must have sufficient sanitary

equipment, a rest room and a leisure room.

They must be equipped with beds, cupboards, tables and

seats with backs taking account of the number of

workers, and be allocated taking account, where

appropriate, of the presence of workers of both sexes.

15.5. Appropriate measures should be taken for the protection of

non-smokers against discomfort caused by tobacco

smoke in rest rooms and or accommodation areas.

16. Pregnant women and nursing mothers

Pregnant women and nursing mothers must be able to lie

down to rest in appropriate conditions.

17. Disabled workers

Workplaces must be organized to take account of disabled

workers, if necessary.

The provision applies in particular to the doors,

passageways, staircases, showers, washbasins, lavatories

and workstations used or occupied directly by disabled

persons.

The project supervisor shall

Project

supervisor

Duties.

(1)

take account of the general principles of prevention

concerning health and safety referred to in the Act and subsidiary

regulations as appropriate, during the various stages of designing and

preparing the project, in particular

(a)

when architectural, technical and, or organizational

aspects are being decided, in order to plan the various items or stages

of work which are to take place simultaneously or in succession;

(b)

when estimating the period required for completing

such work or work stages.

Account shall also be taken, each time this appears necessary, of

all health and safety plans and of files drawn up in accordance with

sub-regulation (4) or adjusted in accordance with paragraph (e) of

sub-regulation (4).

(2)

The health and safety plan shall set out the rules

applicable to the construction site concerned, taking into account

where necessary the industrial activities taking place on the site; this

plan shall also include specific measures concerning work which falls

within one or more of the categories of Schedule II.

(3)

In the case of construction sites on which work is Prior notice.

scheduled to last longer than 30 working days and on which more

than 20 workers are occupied simultaneously, or on which the volume

of work is scheduled to exceed 500 person-days, the project

supervisor shall communicate a prior notice drawn up in accordance

with Schedule III to the Authority at least four calendar weeks before

work starts on the project. Once any work activity on the project

commences, a copy of the prior notice shall be clearly displayed on

the construction site and, if necessary, periodically updated.

(4) The project supervisor shall also

Health and

safety plan.

(a)

co-ordinate the implementation of the provisions of

this regulation, and shall draw up a health and safety plan prior

to the setting up of a construction site;

(b)

prepare a file appropriate to the characteristics of Health and

the project containing relevant health and safety information to safety file.

be taken into account during any subsequent works;

(c)

coordinate the implementation of the general Coordination.

principles of prevention and safety

(i) when technical and, or organizational aspects

are being decided, in order to plan the various items or

stages of work which are to take place simultaneously or in

succession;

(ii) when estimating the period required for

completing such work or work stages;

(d)

coordinate the implementation of the relevant

provisions of these regulations in order to ensure that employers

and, if necessary for the protection of workers, self-employed

persons

(i) apply the principles referred to in regulation 9

in a consistent manner;

(ii) where required, follow the health and safety

plan referred to in sub-regulation (4) of regulation 5;

(e)

make, or cause to be made, any adjustments

required to the health and safety plan referred to in sub-

regulation (4) of regulation 5 and the file referred to in sub-

regulation (4) of regulation 5 to take account of the progress of

the work and any changes which have occurred;

(f)

organize

cooperation

between

contractors,

including successive contractors on the same site, coordination

of their activities with a view to protecting workers and

preventing accidents and occupational health hazards and

reciprocal information as provided for in regulation 7 of the

General Provisions for Health and Safety at Work Places

Regulations, ensuring that self-employed persons are brought

into this process where necessary;

(g)

coordinate arrangements to check that the working

procedures are being implemented correctly;

(h)

take the steps necessary to ensure that only

authorized persons are allowed onto the construction site.

The project supervisor shall take all the necessary

measures for the safeguard of occupational health and safety.

No action, or other proceeding for damages shall lie or be

instituted against the project supervisor for an act done in pursuance

of these regulations, unless the project supervisor of the project acted

in a negligent manner.

(1)

Where a client has appointed the project supervisor Responsibilities

to perform the duties referred to in regulation 5, this does not relieve of

project

the client of his responsibilities in that respect.

supervisors and

contractors.

(2) The implementation of these regulations shall not

affect the principle of employers' responsibility as provided for in the

Act or in subsidiary legislation.

(3)

In order to preserve health and safety on the

construction site, the client shall take into account any report given in

writing by the project supervisor, and shall take all reasonable

measures to ensure that duty holders abide by their obligations within

the limits of their respective responsibilities.

(4)

In order to preserve health and safety on the

construction site, the client shall take all the necessary measures for

the adequate safeguard of occupational health and safety.

When the work is being carried out, the principles set out Implementation

in regulations 4 to 8 of the General Provisions for Health and Safety of

to 8 of the

at Work Places Regulations shall be applied, in particular as regards: General

Provisions for

Health and

(a)

keeping the construction site in good order and in a

Safety at Work

Places

satisfactory state of cleanliness;

Regulations.

(b)

choosing the location of workstations, bearing in

mind how access to these workplaces is obtained, and

determining routes or areas for the safe passage and movement

of equipment;

(c)

the conditions under which various materials are

handled;

(d)

technical maintenance, pre-commissioning checks

and regular checks on installations and equipment with a view

to correcting any faults which might affect the health and safety

of workers;

(e)

the demarcation and laying-out of areas for the

storage of various materials, in particular where dangerous

materials or substances are concerned;

(f)

the conditions under which the dangerous

materials used are removed;

(g)

the storage and disposal or removal of waste and

(h)

the adaptation, based on progress made on the site,

of the actual period to be allocated for the various types of work

or work stages;

(i)

cooperation

between

contractors

and

self-

employed persons;

(j)

interaction with industrial activities at the place

within which or in the vicinity of which the construction site is

In order to preserve health and safety on the construction

site, contractors shall

(a)

not commence any work related to the project

before a project supervisor has been appointed by the client in

terms of regulation 3;

(b)

in particular when implementing regulation 9, take

measures that are in line with the minimum requirements set out

in Schedule IV

(c)

take into account directions from any project

supervisor on health and safety matters;

(d)

take all the necessary measures for the adequate

safeguard of occupational health and safety.

In order to preserve health and safety on the

construction site, self-employed persons shall

(a)

comply in particular with the following, mutatis

(i) the requirements of regulations 7 and 15(2) of

the General Provisions for Health and Safety at Work

Places Regulations and regulation 8 and Schedule IV of

these regulations;

(ii) the Minimum Requirements for the Use of

Personal Protective Equipment at Work Regulations;

(iii) the Work Equipment (Minimum Safety and

Health Requirements) Regulations;

(b)

take into account directions from the project

supervisor or supervisors on health and safety matters;

(c)

take all the necessary measures for the safeguard of

occupational health and safety;

(d)

not commence any work related to the project

before a project supervisor has been appointed by the client in

terms of regulation 3.

(2) In order to preserve health and safety on the construction

site, where contractors are engaged in work activity on the

construction site, they shall

(a)

comply in particular with the following, mutatis

mutandis

(i) regulation 15(2) of the General Provisions for S.L. 424.18.

Health and Safety at Work Places Regulations;

(ii) the Minimum Requirements for the Use of S.L. 424.21.

Personal Protective Equipment at Work Regulations;

(iii) the Work Equipment (Minimum Safety and S.L. 424.35.

Health Requirements) Regulations;

(b)

take account of any directions given by the project

supervisor.

(1)

Without prejudice to regulation 12 of the General Information for

Provisions for Health and Safety at Work Places Regulations, workers workers.

and, or their representatives shall be informed of all the measures to

be taken concerning their health and safety on the construction site.

(2) The information shall be comprehensible to the workers

concerned.

Consultation and participation of workers and, or of their Consultation

representatives shall take place in accordance with regulation 13 of and

participation of

the General Provisions for Health and Safety at Work Places workers.

Regulations on matters covered by regulations 5, 9 and 10, ensuring

whenever necessary proper coordination between workers and, or

workers' representatives in undertakings carrying out their activities

at the workplace, having regard to the degree of risk and the size of

the work site.

(1)

Every person on whom a duty is placed by these General

regulations in relation to the design, planning and preparation of a Principles

Prevention.

project shall take account the general principles of prevention

referred to in the Act in the performance of those duties.

(2)

Every person on whom a duty is placed by these

regulations in relation to the construction phase of a project shall take

account the general principles of prevention referred to in the Act in

the performance of those duties.

(3)

The client shall take reasonable steps to ensure that

the arrangements referred to in sub-regulation (1) are maintained and

reviewed throughout the project.

In any proceedings for an offence under these regulations

consisting of a failure to comply with a duty or requirement to do

something, or to do something so far as is reasonably practicable, it

shall be for the accused to prove, as the case may be, that it was not

practicable or not reasonably practicable to do more than was in fact

done to satisfy the duty or requirement, or that there was no better

practicable means than was in fact used to satisfy the duty or

requirement.

Any person who knowingly or recklessly interferes with

the process of providing a safe and healthy place of work, shall be

guilty of an offence.

The Work Place (Minimum Health and Safety

Requirements for Work at Construction Sites) Regulations, shall be

repealed on the date of coming into force of these regulations.

Miscellaneous provisions

18.1. The surroundings and the perimeter of the site must be

signposted and laid out so as to be clearly visible and

identifiable.

18.2. Workers must be provided at the site with a sufficient

quantity of drinking water and possibly another suitable

non-alcoholic beverage both in occupied rooms and in

the vicinity of workstations.

18.3. Workers must

- be provided with facilities enabling them to take their

meals in satisfactory conditions,

- where appropriate, be provided with facilities enabling

them to prepare their meals in satisfactory

conditions.

PART B: SPECIFIC MINIMUM REQUIREMENT FOR

ON-SITE WORKSTATIONS

Preliminary remark

If special situations so dictate, the classification of these

minimum requirements into two sections, as below,

should not be regarded as binding.

Section I: On-site indoor workstations

1. Stability and solidity

Premises must have a structure and stability appropriate to

the nature of their use.

2. Emergency doors

Emergency doors must open outwards.

Emergency doors must not be so locked or fastened that

they cannot be easily and immediately opened by any

person who may require to use them in an emergency.

Sliding or revolving doors are not permitted if intended as

emergency exits.

3. Ventilation

If air-conditioning or mechanical ventilation installations

are used, they must operate in such a way that workers

are not exposed to draughts which cause discomfort.

Any deposit or dirt likely to create an immediate danger

to the health of workers by polluting the atmosphere

must be removed without delay.

4. Temperature

4.1. The temperature in rest areas, rooms for duty staff, sanitary

facilities, canteens and first-aid rooms must be

appropriate to the particular purpose of such areas.

4.2. Windows, skylights and glass partitions should allow

excessive effects of sunlight to be avoided, having

regard to the nature of the work and the use of the room.

5. Natural and artificial lighting

Workplaces must as far as possible have sufficient natural

light and be equipped with the means of providing

artificial lighting which is adequate for the purposes of

protecting workers' health and safety.

6. Floors, walls, ceilings and roofs of rooms

6.1. The floors of workplaces must have no dangerous bumps,

holes or slopes and must be fixed, stable and not

slippery.

6.2. The surfaces of floors, walls and ceilings in rooms must be

such that they can be cleaned or refurbished to an

appropriate standard of hygiene.

6.3. Transparent or translucent walls, in particular all-glass

partitions, in rooms or in the vicinity of workplaces and

traffic routes must be clearly indicated and made of

safety material or be shielded from such places or traffic

routes to prevent workers from coming into contact with

walls or being injured should the walls shatter.

7. Windows and skylights

7.1. It must be possible for workers to open, close, adjust or

secure windows, skylights and ventilators in a safe

manner.

When open, they must not be positioned so as to constitute

a hazard to workers.

7.2. Windows and skylights must be designed in conjunction

with equipment or otherwise fitted with devices

allowing them to be cleaned without any risk to the

workers carrying out this work or to workers present.

8. Doors and Gates

8.1. The position, number and dimensions of doors and gates,

and the materials used in their construction, are

determined by the nature and use of the rooms or areas.

8.2. Transparent doors must be appropriately marked at a

conspicuous level.

8.3. Swing doors and gates must be transparent or have see-

through panels.

8.4. If transparent or translucent surfaces in doors and gates are

not made of safety material and if there is a danger that

workers may be injured if a door or gate should shatter,

the surfaces must be protected against breakage.

9. Traffic routes

Where the use and equipment of rooms so requires for the

protection of workers, traffic routes must be clearly

identified.

10. Specific measures for escalators and travelators

Escalators and travelators must function safely. They must

be equipped with any necessary safety devices. They

must be fitted with easily identifiable and accessible

emergency shut-down devices.

11. Room dimensions and air space in rooms

Workrooms must have sufficient surface area and height to

allow workers to perform their work without risk to their

safety, health or well-being.

Section II: On-site outdoor workstations

1. Stability and solidity.

1.1. High-level or low-level movable or fixed workstations

must be solid and stable, taking account of

-the number of workers occupying them,

-the maximum loads they may have to bear and the

weight distribution,

-the outside influences to which they may be subject.

-if the support and the other components of these

workstations are not intrinsically stable, their

stability will have to be ensured by appropriate and

safe methods of fixing to avoid any untimely or

spontaneous movement of the whole or of parts of

the workstations.

1.2. Checking

Stability and solidity must be checked appropriately and

especially after any change in the height or depth of the

workstation.

2. Energy distribution installations

2.1. On-site energy distribution installations, especially those

subject to outside influences, must be regularly checked

and maintained in good condition.

2.2. Installations existing before the site began must be

identified, checked and clearly signposted.

2.3. Whenever possible, where overhead electric power lines

exist, either they must be redirected away from the area

of the site or else the current must be cut off.

If this is not possible, there will be barriers or notices to

ensure that vehicles and installations are kept away.

Suitable warnings and suspended protections must be

provided where vehicles have to pass beneath the lines.

3. Atmospheric influences

Workers must be protected against atmospheric influences

which could affect their health and safety.

4. Falling objects

Wherever technically feasible, workers must be protected

by collective methods against falling objects.

Materials and equipment must be laid out or stacked in

such a way as to prevent their collapsing or overturning.

Where necessary, there must be covered passageways on

the side or access to danger areas must be made

impossible.

5. Falls from a height

5.1. Work at height must be properly planned and carried out

on the basis of the requirements of article 6(2) of the Act

and article 10 of the General Provisions for Health and

Safety at Work Places Regulations, (S.L. 424.18.).

5.2. Where work is carried out at height, every employer and/or

self-employed person, must take suitable and sufficient

measures to prevent any person falling a distance liable

to cause personal injury.

5.3. n principle, work at a height must be carried out only with

appropriate equipment or using collective protection

devices such as cradles, platforms or safety nets.

Where cradles are used, these must be solid, sufficiently

high and have at least an end-board, a main handrail and

an intermediate handrail or an equivalent alternative.

If the use of such equipment is not possible because of the

nature of the work, suitable means of access must be

provided and safety harnesses or other anchoring safety

methods must be used.

Protection railings, barriers or other form of protection

must be fitted around stairwells, stairs, shafts, balconies,

edges, openings an in all other areas where any person

may fall a distance liable to cause personal injury, or to

fall into any liquid or material so as to involve risk of

drowning or serious injury.

Protection railings, barriers or other form of protection

must be of good construction, of suitable and sound

material, of adequate height, and of adequate strength

for the purpose of which are used. Protection railings,

barriers or other form of protection must be placed as to

prevent as far as possible the fall of persons. Where

covering are used, these must be so construed as to

prevent the fall of persons, materials or articles, which

covering must be clearly and boldly marked to show its

purpose, be securely fixed in position, be of good

construction and of adequate strength for the purpose for

which are used.

6. Scaffolding and ladders

6.1. All scaffolding must be properly designed, constructed and

maintained to ensure that it does not collapse or move

accidentally.

6.2. Work platforms, gangways and scaffolding stairways must

be constructed, dimensioned, protected and used in such

a way as to prevent people from falling or being exposed

to falling objects.

6.3. Scaffolding must be inspected and certified as being safe

for use by a competent person

(a)before being put into service;

(b)subsequently, at periodic intervals;

(c)after any modification period without use, exposure

to bad weather or seismic tremors, or any other

circumstance which may have affected its strength

or stability.

6.4. Ladders must be sufficiently strong and correctly

maintained. They must be correctly used, in appropriate

places and in accordance with their intended purpose.

6.5. Mobile scaffolding must be secured against spontaneous

movements.

7. Lifting equipment

7.1. All lifting devices and accessories, including their

component parts, attachments, anchorings and supports,

must be

(a)properly designed and constructed and sufficiently

strong for the use to which they are put;

(b)correctly installed and used;

(c)maintained in good working order;

(d)checked and subjected to periodic tests and

inspections in accordance with current legislation;

(e)operated by qualified workers who have received

appropriate training.

7.2. All lifting devices and accessories must clearly display

their maximum load values.

7.3. Lifting equipment and accessories may not be used for

other than their intended purposes.

8. Excavating and materials-handling vehicles and machinery

8.1. All excavating and materials-handling vehicles and

machinery must be

(a)properly designed and constructed taking account, as

far as possible, of the principles of ergonomics;

(b)kept in good working order;

(c)used correctly.

8.2. Drivers and operators of excavating and materials-

handling vehicles and machinery must be specially

trained.

8.3. Preventive measures must be taken to ensure that

excavating and materials-handling vehicles and

machinery do not fall into the excavations or into water.

8.4. Where appropriate, excavating machinery and materials-

handling machinery must be fitted with structures to

protect the driver against being crushed if the machine

overturns, and against falling objects.

9. Installations, machinery, equipment

9.1. Installations, machinery and equipment, including hand

tools whether power-driven or not, must be

(a)properly designed and constructed taking accounts,

as far as possible, of the principle of ergonomics;

(b)kept in good working order;

(c)used solely for the work for which they were

designed;

(d)operated by workers who have received appropriate

training.

9.2. Installations and equipment under pressure must be

checked and subjected to regular tests and inspections in

accordance with existing legislation.

10. Excavations, wells, underground works, tunnels and

earthworks

10.1. Suitable precautions must be taken in an excavation, well,

underground, working or tunnel

(a)using an appropriate support or embankment;

(b)to prevent hazards entailed in the fall of a person,

materials or objects, or flooding;

(c)to provide sufficient ventilation at all workstations so

as to ensure a breathable atmosphere which is not

dangerous or harmful to health;

(d)to enable workers to reach safety in the event of fire

or inrush for water or materials.

10.2. Before excavation starts, measures must be taken to

identify and reduce to a minimum any hazard due to

underground cables and other distribution systems.

10.3. Safe routes into and out of the excavation must be

provided.

10.4. Piles of earth, materials and moving vehicles must be kept

away from the excavation; appropriate barriers must be

built if necessary.

11. Demolition work

Where the demolition of a building or construction may

present a danger

(a)appropriate precautions, methods and procedures

must be adopted;

(b)the work must be planned and undertaken only under

the supervision of a competent person.

12. Metal or concrete frameworks, shutterings and heavy

prefabricated components.

12.1. Metal or concrete frameworks and their components,

shutterings, prefabricated components or temporary

support, and buttresses must be erected and dismantled

only under the supervision of a competent person.

12.2. Adequate precautions must be taken to protect workers

against risks arising from the temporary fragility or

instability of a structure.

12.3. Shutterings, temporary supports and buttresses must be

devised and designed, installed and maintained so as to

safely withstand any strains and stresses which may be

placed on them.

13. Cofferdams and caissons

13.1. All cofferdams and caissons must be

(a)well constructed, of appropriate, solid materials of

adequate strength;

(b)appropriately equipped so that workers can gain

shelter in the event of an irruption of water and

materials.

13.2. The construction, installation, transformation or

dismantling of a cofferdam or caisson must take place

only under the supervision of a competent person.

13.3. All cofferdams and caissons must be inspected by a

competent person at regular intervals.

14. Work on roofs

14.1. Where necessary to avert a risk or where the height or the

slope exceed set values, collective preventive measures

must be taken to prevent workers, and tools or other

objects or materials, from falling.

14.2. Where workers have to work on or near a roof or any other

surface made of fragile materials through which it is

possible to fall, preventive measures must be taken to

ensure that they do not inadvertently walk on the surface

made of fragile materials, or fall to the ground.

€2.88