HEALTH AND SAFETY AT WORK (MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR WORK AT CONSTRUCTION SITES) REGULATIONS

AND SAFETY REQUIREMENTS FOR WORK AT

CONSTRUCTION SITES)

SUBSIDIARY LEGISLATION 646.27

HEALTH AND SAFETY AT WORK (MINIMUM

HEALTH AND SAFETY REQUIREMENTS FOR

WORK AT CONSTRUCTION SITES) REGULATIONS

7th September, 2025

LEGAL NOTICE 52 of 2025, as amended by Legal Notice 109 of 2026.

(1)

The title of these regulations is the Health and

Safety at Work (Minimum Health and Safety Requirements for Work

at Construction Sites) Regulations.

(2)

The scope of these regulations is to establish the

minimum health and safety requirements for work at construction sites

and to implement amongst others the requirements of Council

Directive 92/57/EEC.

(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 shall apply to the processing of such extracted

material.

(4)

The provisions of the General Provisions for Health and

Safety at Work Places Regulations shall be applicable mutatis

mutandis to these regulations, without prejudice to more stringent and,

or specific provisions contained in these regulations.

(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

AND SAFETY REQUIREMENTS FOR WORK AT

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In these regulations, unless the context otherwise

requires

"Act" means the Health and Safety at Work Act;

"the Authority" means the Occupational Health and

Safety Authority established by article 4 of the Act;

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

project is carried out;

"client representative" means any natural or legal person

appointed by and responsible for the design and/or execution

and, or supervision of the execution of a project, on behalf of

the client, and to carry out the duties specified in these

regulations; who shall fully assume responsibility and appear

for the client;

"competent person" means a person possessing adequate

AND SAFETY REQUIREMENTS FOR WORK AT

CONSTRUCTION SITES)

qualifications and minimum accreditations in terms of law or

administrative instruments, suitable training and sufficient

knowledge, experience and skill for the safe performance of the

specific task or work required, and who provides advice with

regard to the health and safety at work preventive and protective

measures required to be taken, and whose name appears in the

competent person register administered or otherwise delegated

by the Authority in relation to such matters which are regulated

by the Authority;

"construction site" means any construction site at which

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

exhaustive list of which is provided for in Schedule I;

"contractor" means a contractor, a sub-contractor, or

employer whose workers undertake, carry out or manage

construction work, including but not limited to the supply of

materials and, or labour to carry out such work. A contractor

shall also include a self-employed person unless expressly

otherwise specified;

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

being carried out which is not in the course or in furtherance of

the business of such client and is a person carrying out minor

works in a premises belonging to him or in premises lawfully

occupied by him;

"duty holder" means a person upon whom a duty is

imposed by virtue of these regulations, and shall include a

client, a client representative, a project supervisor for health

and safety matters, an employer, a contractor, a self-employed

person and a worker, as the case may be;

"EEA" means the members of the European Union,

Iceland, Norway and Liechtenstein;

"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 and information 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 any construction work from commencement

until completion of construction including finishing works;

AND SAFETY REQUIREMENTS FOR WORK AT

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"project supervisor for health and safety matters" means

any natural or legal person appointed by the client or the

client’s representative as the case may be, to carry out the duties

and exercise the powers specified in these regulations

throughout the project and whose name appears in the register

for competent persons administered or otherwise delegated by

the Authority;

"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, plank, 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 safeguards and all accessories, but shall not include a

lifting appliance or a structure used only to support such an

appliance or to support other machinery or plant;

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

person in employment, traineeship or apprenticeship of a

contractor, whose professional activity contributes to the

completion of the entire project.

Duties of client

(Regulations 2, 8 and 12)

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.

AND SAFETY REQUIREMENTS FOR WORK AT

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(1)

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

respect of a project as is applicable under these regulations, a project

supervisor for health and safety matters, and any such appointment

may be terminated, changed or renewed provided that another project

supervisor for health and safety matters is appointed to carry out such

duties throughout the duration of the project.

(2) The client may act as project supervisor for health and

safety matters if he himself is competent to undertake the duties as

outlined under these regulations and provided that his name appears in

the register for competent persons administered or otherwise delegated

by the Authority.

(3)

Upon or prior to the appointment of the project

supervisor for health and safety matters, an engagement agreement in

writing regulating the appointment of the project supervisor for health

and safety matters shall be entered into between the client or, where

applicable, the client representative and the project supervisor for

health and safety matters.

(4)

Work-related to a project shall not commence or progress

unless a project supervisor for health and safety matters is validly

AND SAFETY REQUIREMENTS FOR WORK AT

CONSTRUCTION SITES)

appointed by the client in accordance with these regulations and such

appointment shall be notified to the Authority by the client on such

form as may be prescribed by the Authority.

(5)

In case of demise of the project supervisor for health and

safety matters, the client shall notify the Authority in writing within

fifteen (15) days of their demise in such form as prescribed by the

Authority, during which time, work related to a project shall not

progress unless a new project supervisor for health and safety matters

is validly appointed by the client in accordance with these regulations.

(6)

Where the appointment is terminated, for whatever

reason, the project supervisor for health and safety matters shall notify

the Authority in writing within fifteen (15) days of such termination,

in such form as prescribed by the Authority, about such termination.

The termination shall only be effective upon notice to the Authority

and for avoidance of doubt the project supervisor for health and safety

matters shall remain responsible for his duties and obligations in

accordance with these regulations until such notice is served.

(7)

Upon receiving the written and signed notice of

termination, the Authority shall acknowledge the receipt of the notice

in writing and notify the client in writing of the effective date of

termination in accordance with sub-regulation (6). Work related to a

project shall not progress unless a new project supervisor for health

and safety matters is validly appointed by the client in accordance with

these regulations.

(8)

If the client commences or progresses work related to the

project before a competent project supervisor for health and safety

matters is appointed, the client shall be guilty of an offence against the

Act.

(9)

The client shall take into account any directions given by

the project supervisor for health and safety matters, maintaining a safe

environment on the project particularly with regards to any health and

safety matters under these, or any other regulations under the Act. The

client shall ensure that any directions given by the project supervisor

for health and safety matters in ensuring a safe and, or healthy place of

work, are implemented and the client shall take all reasonable

measures to ensure that duty holders abide by their obligations within

the limits of their respective responsibilities.

(10) The client shall keep the project supervisor for health and

safety matters updated on the engagement of new contractors and self-

employed persons.

(regulation 6)

CONTENT OF THE PRIOR NOTICE REFERRED TO IN

REGULATION 6

1. Date of notification.

2. Exact address of the construction site.

3. Clients’ names and addresses.

4. Type of project.

5. Client representatives names and addresses.

6. Name and address of project supervisor for health and

safety matters including a declaration of acceptance duly

signed by the project supervisor for health and safety

matters to the effect that he has undertaken to accept the

role of project supervisor for health and safety matters

and that he is competent to carry out the duties imposed

by these regulations.

7. Date planned for start of works on the construction site.

8. Planned duration of works on the construction site.

9. Estimated maximum number of workers on the

construction site.

10. Planned number of contractors and self-employed

persons on the construction site.

11. Details of contractors already chosen.

(1)

The client shall ensure that a health and safety file

is compiled, kept and made available for inspection, which health and

AND SAFETY REQUIREMENTS FOR WORK AT

CONSTRUCTION SITES)

safety files have been prepared in accordance with regulation 13 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.

(2)

When a client disposes of his 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 such person.

(regulation 19)

MINIMUM HEALTH AND SAFETY REQUIREMENTS

FOR CONSTRUCTION SITES

AND SAFETY REQUIREMENTS FOR WORK AT

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 shall 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 shall be designed, constructed

and used so as not to present a fire or explosion hazard, persons

shall 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 shall 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 shall remain clear and

lead as directly as possible to a safe area.

3.2. In the event of danger, it shall 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 shall be

indicated by signs in accordance with the Work Place,

(Provisions of Health and, or Safety Signs) Regulations (S.L.

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646.09.).

Such signs shall 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 shall be free from and

obstruction so that they can be used at any time without

hindrance.

3.6. Emergency routes and exits requiring illumination

shall be provided with emergency lighting of adequate intensity

in case the lighting fails.

4. Fire detection and fire fighting

4.1. There shall be provided an adequate number of

appropriate fire-fighting devices and, where required, fire

detectors and alarm systems 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.

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

systems shall be regularly examined and maintained.

Appropriate tests and drills shall take place at regular intervals.

4.3. Non-automatic fire-fighting equipment be easily

accessible and simple to use. The equipment shall be indicated

by signs in accordance with the Work Place, (Provisions of

Health and, or Safety Signs) Regulations (S.L. 646.09.).

Such signs shall be sufficiently resistant and

placed at appropriate points.

5. Ventilation

5.1

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.

5.2

If a forced ventilation system is used, it shall be

maintained in working order and shall not expose workers to

draughts which are harmful to health.

5.3

Any breakdown shall be indicated by a control

system where this is necessary for workers' health.

6. Exposure to particular risks

AND SAFETY REQUIREMENTS FOR WORK AT

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6.1

Workers shall not be exposed to harmful levels of

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

dust).

6.2

If workers have to enter an area where the

atmosphere may contain a toxic or harmful substance or to have

an insufficient oxygen level or to be inflammable, the confined

atmosphere shall be monitored and appropriate steps taken to

prevent any hazard.

6.3

A worker may not in any circumstances be

exposed to a high-risk confined atmosphere. He shall at least be

watched at all times from outside and all appropriate

precautions shall be taken to ensure that he can be assisted

effectively and immediately.

7. Temperature

During working hours, the temperature shall 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 shall 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 shall be used.

The colour of artificial light used shall not alter or

affect the perception of signals or signposts displaying such

signs.

8.2. Lighting installations for rooms, workstations and

traffic routes shall 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, shall be provided with emergency lighting of adequate

intensity.

9. Doors and gates

9.1. Sliding doors shall be fitted with a safety device

to prevent them from being derailed and falling over.

9.2.

Doors and gates opening upwards shall be fitted

AND SAFETY REQUIREMENTS FOR WORK AT

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with a mechanism to secure them against falling back.

9.3. Doors and gates along escape routes shall be

appropriately marked.

9.4. In the immediate vicinity of gates intended

primarily for vehicle traffic, there shall be doors for pedestrian

traffic unless it is safe for pedestrians to cross; such doors shall

be clearly marked and kept free at all times.

9.5. Mechanical doors and gates shall operate without

any risk of accident to workers. They shall 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 shall 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 shall 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 shall 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 shall

be provided for other site users.

Routes shall be clearly marked, regularly verified

and properly maintained.

10.3. Sufficient clearance shall 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

shall be equipped with devices to prevent unauthorised workers

from entering.

Appropriate measures shall be taken to protect workers

who are authorised to enter the danger areas.

Danger areas shall be clearly signposted.

AND SAFETY REQUIREMENTS FOR WORK AT

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10.5. Sufficient safe means of access and egress shall

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 shall 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 shall be adequate for the

dimensions of the loads to be transported.

11.2.

Loading bays shall have at least one exit point.

11.3. Loading ramps shall be sufficiently safe, to

prevent workers from falling off.

12. Freedom of movement at the workstation

The floor area at the workstation shall 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 shall ensure that first aid can be

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

upon at any time.

Measures shall 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 shall be provided

where the scale of the works or the types of activity being

carried out so require.

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

aid installations and equipment and be easily accessible to

stretchers.

They shall be signposted in accordance with the Work

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

(S.L. 646.09.).

13.4. First-aid equipment shall be available at all places

where working conditions so require.

This equipment shall be properly marked and easily

accessible.

The address and telephone number of the local

AND SAFETY REQUIREMENTS FOR WORK AT

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emergency service shall be clearly displayed.

14. Sanitary equipment

14.1.

Changing rooms and lockers.

14.1.1. Appropriate changing rooms shall 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 shall be easily accessible, be of

sufficient capacity and be provided with seating.

14.1.2. Changing rooms shall 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 shall be provided to

enable working clothes to be kept in a place separate

from workers' own clothes and personal effects.

14.1.3. Provisions shall be made for separate

changing rooms or separate use of changing rooms for

different genders.

14.1.4. If changing rooms are not required as

referred to in item 14.1.1, first paragraph, each worker

shall 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

shall be provided for workers if required by the nature of

the work or for health reasons.

Provisions shall be made for separate shower

rooms or separate use of shower rooms for different

genders.

14.2.2. The shower rooms shall be sufficiently

large to permit each worker to wash without hindrance in

conditions of an appropriate standard of hygiene.

The showers shall be equipped with hot and cold

running water.

AND SAFETY REQUIREMENTS FOR WORK AT

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14.2.3. Where showers are not required as

required by the first paragraph of item 14.2.1, a sufficient

number of suitable washbasins with running water (hot

water if necessary) shall be provided in the vicinity of the

workstations and the changing rooms.

Provisions shall be made for separate

washbasins, or separate use of washbasins for different

genders when so required.

14.2.4. Where the rooms housing the showers or

washbasins are separate from the changing rooms, there

shall be easy access between them.

14.3.

Lavatories and washbasins

Special facilities with an adequate number of lavatories and

washbasins shall be provided for workers in the vicinity of

workstations, rest rooms, changing rooms and rooms housing showers

or washbasins.

Provisions shall be made for separate lavatories or separate use

of lavatories for different genders.

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 shall be

provided with easily accessible rest rooms and, or

accommodation areas.

15.2. Rest rooms and, or accommodation areas shall 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 shall be provided in which workers can stay during

interruptions in work.

15.4. Fixed accommodation areas unless used only in

exceptional cases, shall have sufficient sanitary equipment, a

rest room and a leisure room.

They shall 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 different genders.

AND SAFETY REQUIREMENTS FOR WORK AT

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15.5. Appropriate measures shall 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 shall be able to lie down

to rest in appropriate conditions.

17. Disabled workers

Workplaces shall be organised 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.

18. Miscellaneous provisions

18.1. The surroundings and the perimeter of the site

shall be signposted and laid out so as to be clearly visible and

identifiable.

18.2. Workers shall 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 shall

-

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, shall not be

regarded as binding.

Section I: On-site indoor workstations

1. Stability and solidity

AND SAFETY REQUIREMENTS FOR WORK AT

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Premises shall have a structure and stability appropriate to the

nature of their use.

2. Emergency doors

Emergency doors shall open outwards.

Emergency doors shall 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 shall not be permitted if intended as

emergency exits.

3. Ventilation

If air-conditioning or mechanical ventilation installations are

used, they shall 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 shall be removed without delay.

4. Temperature

4.1. The temperature in rest areas, rooms for duty

staff, sanitary facilities, canteens and first-aid rooms shall be

appropriate to the particular purpose of such areas.

4.2. Windows, skylights and glass partitions shall not

allow excessive effects of sunlight, having regard to the nature

of the work and the use of the room.

5. Natural and Artificial Lighting

Workplaces shall 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 shall have no dangerous

bumps, holes or slopes and shall be fixed, stable and not

slippery.

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

shall 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 shall be clearly indicated and made of safety

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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 shall be possible for workers to open, close,

adjust or secure windows, skylights and ventilators in a safe

manner.

When open, they shall not be positioned so as to

constitute a hazard to workers.

7.2. Windows and skylights shall 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, shall be

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

8.2. Transparent doors shall be appropriately marked

at a conspicuous level.

8.3. Swing doors and gates shall 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 shall be protected against breakage.

9. Traffic routes

Where the use and equipment of rooms so requires for the

protection of workers, traffic routes shall be clearly identified.

10. Specific measures for escalators and travelators

Escalators and travelators shall function safely. They

shall be equipped with any necessary safety devices. They shall be

fitted with easily identifiable and accessible emergency shut-down

devices.

11. Room dimensions and air space in rooms

Workrooms shall have sufficient surface area and height

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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 shall 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 is 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.

Verifications

Stability and solidity shall be verified

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, shall be regularly

examined and maintained in good condition.

2.2. Installations existing before the site began shall be

identified, examined and clearly signposted.

2.3. Whenever possible, where overhead electric

power lines exist, either they shall be redirected away from the

area of the site or else the current shall be cut off.

If this is not possible, there will be barriers or

notices to ensure that vehicles and installations are kept away.

Adequate warnings and suspended protections shall be

provided where vehicles have to pass beneath the lines.

3. Atmospheric influences

Workers shall be protected against atmospheric influences

AND SAFETY REQUIREMENTS FOR WORK AT

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which may affect their health and safety.

4. Falling objects

4.1. Wherever technically feasible, workers shall be

protected by collective methods against falling objects.

4.2

Materials and equipment shall be laid out or

stacked in such a way as to prevent their collapsing or

overturning.

4.3. Where necessary, there shall be covered

passageways on the site or access to danger areas shall be made

impossible.

5. Falls from a height

5.1. Work at height shall be properly planned and

carried out on the basis of the measures of article 6(2) of the

Act and regulation 10 of the General Provisions for Health and

Safety at Work Places Regulations;

5.2. Where work is carried out at height, every

employer and, or self-employed person, shall take adequate and

sufficient measures to prevent any person falling a distance

liable to cause injury.

5.3. In principle, work carried out at a height shall be

carried out only with appropriate equipment or using collective

protection devices such as cradles, platforms or safety nets.

Where cradles are used, these shall 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

shall be provided and safety harnesses or other anchoring safety

methods shall be used.

5.4

Protection railings, barriers or other form of

protection shall be fitted around stairwells, stairs, shafts,

balconies, edges, openings and in all other areas where any

person may fall a distance liable to cause injury, or to fall into

any liquid or material so as to involve risk of drowning or

serious injury.

5.5

Protection railings, barriers or other form of

protection shall be of good construction, of suitable and sound

material, of adequate height, and of adequate strength for the

AND SAFETY REQUIREMENTS FOR WORK AT

CONSTRUCTION SITES)

purpose of which are used. Protection railings, barriers or other

form of protection shall be placed as to prevent as far as

possible the fall of persons. Where coverings are used, these

shall be so construed as to prevent the fall of persons, materials

or articles, which covering shall 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 shall be properly designed,

constructed and maintained to ensure that it does not collapse or

move accidentally.

6.2. Work platforms, gangways and scaffolding

stairways shall 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 shall 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 shall be sufficiently strong and correctly

maintained. They shall be correctly used, in appropriate places

and in accordance with their intended purpose.

6.5. Mobile scaffolding shall be secured against

spontaneous movements.

7. Lifting equipment

7.1. All lifting devices and accessories, including their

component parts, attachments, anchorings and supports shall

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;

AND SAFETY REQUIREMENTS FOR WORK AT

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(d)

verified 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 shall 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 shall 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 shall be specially

trained.

8.3. Preventive measures shall 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 shall 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 otherwise, shall be

(a)

properly designed and constructed taking

accounts, as far as possible, of the principle of

ergonomics;

(b)

kept in good working order;

AND SAFETY REQUIREMENTS FOR WORK AT

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(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 shall

be examined and subjected to regular tests and inspections in

accordance with existing legislation.

10. Excavations, wells, underground works, tunnels and

earthworks

10.1.

Adequate precautions shall 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 shall 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 shall be

provided.

10.4. Piles of earth, materials and moving vehicles

shall be kept away from the excavation; appropriate barriers

shall 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

shall be adopted;

(b)

the work shall be planned and undertaken only

under the supervision of a competent person.

AND SAFETY REQUIREMENTS FOR WORK AT

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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 shall be erected and

dismantled only under the supervision of a competent person.

12.2. Adequate precautions shall be taken to protect

workers against risks arising from the temporary fragility or

instability of a structure.

12.3. Shutterings, temporary supports and buttresses

shall 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 shall 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 shall take place only

under the supervision of a competent person.

13.3. All cofferdams and caissons shall 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 shall 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 shall be taken to ensure

that they do not inadvertently walk on the surface made of

fragile materials, or fall to the ground.

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 regulation 12.

In the case of construction sites on which work is

scheduled to last longer than thirty (30) working days and on which

more than twenty (20) workers are occupied simultaneously, or on

which the volume of work is scheduled to exceed five hundred (500)

person-days, the client shall communicate a prior notice drawn up in

accordance with Schedule III to the Authority, along with any other

document or information required by the Authority from time to time,

at least four (4) calendar weeks before work starts on the project. Once

any work activity on the project commences, a copy of the prior notice

in such form as prescribed by the Authority shall be clearly displayed

on the construction site by the client and, if necessary, periodically

updated by the project supervisor for health and safety matters.

The client shall take account of the general principles of

prevention concerning health and safety referred to in the Act and in

any other law, as may be appropriate, during the various stages of

designing and preparing the project, in particular

(a)

when decisions on the architectural, technical and,

or organisational aspects are being taken, 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, from all health and

safety plans and from files drawn up in accordance with

regulations 12(1) and 13(1) or adjusted in accordance with

regulations 12(2) and 13(2).

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

accordance with regulation 6; and

AND SAFETY REQUIREMENTS FOR WORK AT

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(b)

only one (1) contractor for the whole project will

be present; and

(c)

work does not involve particular risks as listed in

Schedule II.

Client Representative

(1)

The client may appoint in respect of every project,

a client representative who acts for the Client and who shall be

responsible for the design, execution and, or supervision of the

execution of a project and who shall be responsible, on the client’s

behalf, to carry out the duties imposed by these regulations on the

client, mutatis mutandis and any such appointment may be terminated,

changed, or renewed as necessary

Provided that only persons resident in the European

Union or the EEA, legal persons incorporated in the European Union

or the EEA or entities which are branches recognised in the European

Union or the EEA may be appointed as client representative.

(2)

When a client representative has been appointed in

accordance with these regulations, the obligations imposed by these

regulations on the client shall apply mutatis mutandis and shall be

carried out by such client representative instead of the client in

accordance with these regulations.

(3)

The client representative shall be appointed only if the

following information is submitted to the Authority

(a)

the

date

of

appointment

of

the

client

representative;

(b)

the address of the construction site;

(c)

a brief description of the project and the

construction work that it entails;

(d)

the contact details of the client including name,

identity card number, address, telephone and, or mobile phone

number and an email address;

(e)

the contact details of the client representative

including name, identity card number, address, telephone and,

or mobile phone number and an email address;

(f)

a declaration in such form as prescribed by the

Authority of acceptance duly signed by the client representative

that he has undertaken to accept the role of client representative

and to carry out the duties imposed by these regulations on the

AND SAFETY REQUIREMENTS FOR WORK AT

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client; and

(g)

a declaration in such form as prescribed by the

Authority duly signed by the client and the client’s

representative whereby they are expressly consenting to the

processing, handling and transmitting of personal data held by

the Authority.

(4)

Where, during the period of works, the client

representative resigns or changes for any reason, he shall be obliged to

give notice thereof in writing to the Authority. Until such notice is

received and approved in writing by the Authority, he shall still be

presumed to be the appointed client representative for the site.

(5)

In default of an appointment of a client representative in

accordance with these regulations, the client shall remain responsible

for fulfilling the duties pertaining to the client under these regulations.

Responsibilities of client or client representative

(1)

Where the client or client representative has

appointed a project supervisor for health and safety matters to perform

the duties and exercise the powers under these regulations, this shall

not relieve the client or the client representative of their

responsibilities in that respect.

(2)

The implementation of these regulations shall not affect

the principle of employers' responsibility as provided for in the Act or

in any other law.

(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 for health and safety matters and shall take all

reasonable measures to ensure that duty holders abide by their

obligations within the limits of their respective responsibilities.

Duties of the Project supervisor for health and safety matters

project preparation stage

The project supervisor for health and safety matters shall

coordinate the implementation of the provisions of regulation 7.

(1)

The project supervisor for health and safety

matters shall draw up a health and safety plan setting out the rules

applicable to the construction site concerned, taking into account,

where necessary, of the industrial activities taking place on the site.

The said plan shall also include specific measures concerning work

which falls within one or more of the categories of Schedule II.

AND SAFETY REQUIREMENTS FOR WORK AT

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(2)

The project supervisor for health and safety matters shall

make any adjustments required to the health and safety plan to take

account of the progress of the work and any changes which have

occurred.

(1)

The project supervisor for health and safety

matters shall prepare a file appropriate to the characteristics of the

project containing relevant health and safety information to be taken

into consideration during any subsequent works.

(2)

The project supervisor for health and safety matters shall

make any adjustments required to the health and safety file to take

account of the progress of the work and any changes which have

occurred.

Duties of the project supervisor for health and safety matters

Project Execution Stage

(1)

The project supervisor for health and safety

matters shall coordinate the implementation of the general principles

of prevention and safety

(a)

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;

(b) when estimating the

period

required

for

completing such work or work stages.

(2)

The project supervisor for health and safety matters shall

coordinate the implementation of the relevant provisions of these

regulations in order to ensure that contractors, employers and, if

necessary for the protection of workers, self-employed persons

(a)

apply the principles referred to in regulation 18 in

a consistent manner;

(b)

where required, follow the health and safety plan

referred to in regulation 12;

(c)

make and, or cause to be made, any adjustments

required to the health and safety plan referred to in regulation

12 and the file referred to in regulation 13 to take account of the

progress of the work and any changes which have occurred.

In order to preserve health and, or safety on the

construction site, the project supervisor for health and safety matters

shall

(a)

coordinate the implementation of the relevant

AND SAFETY REQUIREMENTS FOR WORK AT

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provisions of these regulations or any other provisions under

the Act, in order to ensure that employers offer the highest

protection by applying the principles referred to in regulation

18 or any other regulation made under the Act in a consistent

manner;

(b)

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 follow the health and safety plan referred to

in regulation 12;

(c)

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;

(d)

take the steps necessary to ensure that only

authorized persons are allowed onto the construction site;

(e)

carry out as often as necessary a thorough

inspection of the whole construction site and work practices to

identify the measures being undertaken by the contractors,

employers or any self-employed persons in identifying any

potential hazards, and recommend the necessary preventive and

protective measures in line with the general principles of

prevention laid down in the Act, or any other regulations made

under the Act

Provided that the frequency of inspections shall be

commensurate with the size of the construction site, the nature

and extent of the hazards and risks at the construction site, and

the type of works being carried out;

(f)

issue and submit without undue delay to the

relevant duty holders involved in the construction project, an

inspection report in writing highlighting the measures being

undertaken by the contractors, employers or any self-employed

persons in identifying any potential hazards and risks and any

unaddressed hazards and risks noted during the inspection

carried out under these regulations and the required preventive

and corrective measures to be taken by the relevant duty

holders to address the identified hazards and risks and, or

manage health and safety

Provided that for the purpose of this paragraph

AND SAFETY REQUIREMENTS FOR WORK AT

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"duty holders" shall not include "workers";

(g)

give directions to duty holders and other relevant

persons, in the interest of occupational health and, or safety;

(h)

coordinate, monitor the implementation of and

ensure the execution of the required preventive and corrective

measures indicated in the inspection report prepared under

these regulations, and any other measures required to render the

site safe;

(i)

coordinate, monitor the implementation of and

ensure the execution of, the preventive and protective measures

indicated in the health and safety plan prepared in terms of

these regulations;

(j)

carry out as often as necessary, follow-up

inspections to ensure the implementation of the preventive and

protective measures indicated in the inspection report and any

directions made and given out under these regulations;

(k)

give a written copy of the health and safety plan

prepared in terms of these regulations, or a relevant extract

thereof to all duty holders in terms of these regulations

Provided that for the purpose of this paragraph

"duty holders" shall not include "workers";

(l)

consult and liaise on matters relating to

occupational health and, or safety with respect to the

construction project, with any designated persons and, or

external services appointed by the employer in terms of

regulation 9 of the General Provisions for Health and Safety at

Work Places Regulations.

Powers and other duties of project supervisor for health and safety

matters

In order to preserve health and, or safety on the

construction site, the project supervisor for health and safety matters

shall have the following powers

(a)

to inspect at any time of day or night the

construction site to which he has been appointed to act as

project supervisor for health and safety matters to fulfil the

duties made under these regulations;

(b)

to make such examination, interview and

investigation as may in any circumstances be necessary in the

interest of occupational health and, or safety;

AND SAFETY REQUIREMENTS FOR WORK AT

CONSTRUCTION SITES)

(c)

to take such measurements, photographs, video

recording and, or any other recordings, including the use of

monitoring equipment and atmospheric sampling, as the project

supervisor for health and safety matters considers necessary for

the purpose of fulfilling the duties under these regulations

Provided that the handling and storage of personal

data resulting from the said activities shall conform to the

provisions of the Data Protection Act.

(d)

to order that work or any activity be halted or to

give such orders in relation to the carrying out of duties by any

employee or self-employed persons on the site if there is a

reasonable concern that the carrying out of work and, or activity

could likely expose any person present on the construction site

to a serious risk to their health and, or safety, emanating from

an immediate or imminent exposure to a hazard

Provided that the project supervisor for health and

safety matters shall, without undue delay, notify in writing the

duty holders involved in the construction project. The project

supervisor for health and safety matters shall inform the

Authority of any order made in accordance with this paragraph

in such instances where such orders are not observed or

complied with

Provided further that for the purpose of this

paragraph "duty holders" shall not include "workers";

(e)

to require any article, substance, material,

equipment, machinery, installation, structure, apparatus, tool

and any other thing at the construction site that he may

reasonably consider to be a risk to occupational health and, or

safety to be dismantled and, or removed from the site and, or

rectified and, or subjected to any process or test at the expense

of the relevant duty holder;

(f)

(i)

to receive and register any report made by

any person in relation to any matter which may give rise to

suspicion of a breach of these regulations, or the Act or any

regulations made thereunder

Provided that if a worker or any person, whether

acting on his own behalf or on behalf of a worker, report a

matter in terms of this regulation to the project supervisor for

health and safety matters, then the project supervisor for health

and safety matters shall prepare his written report in relation to

such a matter within fifteen (15) days from the date on which

such matter was reported to him in writing, and after having

heard the client, including any client representative engaged by

AND SAFETY REQUIREMENTS FOR WORK AT

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the client, any worker or person making a report in terms of this

sub-paragraph. Once completed, such report shall be provided

to the client and the worker or any person, whether acting on his

own behalf or on behalf of a worker, accordingly. Where

deemed necessary by the project supervisor for health and

safety matters, the report shall indicate such measures which

shall need to be implemented by the client in order to address

any particular matter taking into account the obligations of the

client under the Act. Failure to present such a report shall be

considered to be an offence under the Act;

(ii)

to register any matter reported in terms of

this regulation and the matter shall be considered to be

conclusively determined provided that any measure

specified by the project supervisor for health and safety

matters in terms of these regulations is implemented

accordingly within stipulated time-frames

Provided that if the measures specified by

the project supervisor for health and safety matters not be

implemented or adhered to in terms of these regulations,

the project supervisor for health and safety matters shall

inform the Authority accordingly and the client shall be

guilty of an offence under the Act in such instances

Provided further that in the case that the

project supervisor for health and safety matters has failed

to make the correct recommendations to the client in

accordance with the Act and the regulations made

thereunder, then in such instances the project supervisor

for health and safety matters shall be guilty of an offence

under the Act.

Provided further that, except where

required by law or deemed necessary, the project

supervisor for health and safety matters shall ensure the

anonymity of any person who reports any matter which

may give rise to suspicion of a breach of these regulations,

or the Act or any regulations made thereunder. The

identity of the said person may be disclosed only with their

explicit written consent.

Project supervisor for health and safety matters: non-liability

Civil action or other proceedings for damages shall not

lie or be instituted by a client, contractor, employer, self-employed

person, or worker involved in the construction project against the

project supervisor for health and safety matters for

AND SAFETY REQUIREMENTS FOR WORK AT

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(a)

an act done in pursuance of these regulations

unless the project supervisor for health and safety matters acted

in a negligent manner or otherwise did not observe his duties as

provided under the Act and these regulations;

(b)

an act done or omitted to be done in the

performance of his functions where it is sufficiently proven that

the client or the contractor, the employer or the self-employed

person failed to comply with the necessary measures as

instructed by the project supervisor for health and safety

matters.

Implementation of General Provisions for Health and Safety at

Work Places Regulations (S.L. 646.11.)

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

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

Work Places Regulations shall be applied, in particular as regards

(a)

keeping the construction site in good order and in

a satisfactory state of cleanliness;

(b)

choosing the location of workstations, particularly

how to access 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

verifications and regular verifications 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

debris;

(h)

the adaptation, based on progress made on the

site, of the actual period that shall be allocated for the various

types of work or work stages;

(i)

cooperation

between

contractors

and

self-

employed persons;

AND SAFETY REQUIREMENTS FOR WORK AT

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(j)

interaction with industrial activities at the place

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

located.

Duties of contractors

In order to preserve health and safety on the construction

site, contractors shall

(a)

co-operate with the project supervisor for health

and safety matters in the interest of occupational health and, or

safety;

(b)

co-operate with the project supervisor for health

and safety matters to enable compliance with the duties

pertaining to such project supervisor for health and safety

matters under these regulations;

(c)

promptly provide to the project supervisor for

health and safety matters any necessary information which may

be requested in the interest of occupational health and, or

safety;

(d)

comply without undue delay with the directions

given by the project supervisor for health and safety matters

under these regulations, which directions if carried out, would

ensure occupational health and, or safety;

(e)

comply without undue delay, with the directions

given by the designated person and, or external services

appointed in terms of regulation 9 of the General Provisions for

Health and Safety at Work Places Regulations;

(f)

comply with the relevant preventive and

protective measures listed in the health and safety plan which

measures if implemented, would ensure a safe and, or healthy

place of work, and that are applicable to the contractor or to the

contractor’s workers;

(g)

bring to the attention of the contractor’s workers

any rules applicable to them contained in the health and safety

plan;

(h)

not commence and, or not progress any work

related to the project before a project supervisor for health and

safety matters has been appointed by the client in terms of

regulation 3;

AND SAFETY REQUIREMENTS FOR WORK AT

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(i)

(i)

notwithstanding anything stated in the Act

or any regulations thereof, carry out or ensure that a written,

suitable, sufficient and systematic risk assessment of all the

occupational health and safety hazards which may be present at

the construction site and the resultant risks involved concerning

all aspects of the work activity in the construction site, is

carried out for each project being under taken, and that all

workers are informed of its contents in order to be aware of any

hazards on a construction. Such assessments shall consider the

risks to the health and safety of workers and of self-employed

persons to which they are exposed whilst at work in a

construction site, as well as the risks to the health and safety of

other persons, including visitors to the construction site which

risks arise out of, or in connection with the work being carried

out, or by the conduct of the undertaking

Provided that when carrying out such

assessments, a contractor shall also take into

consideration changes to the work activities being carried

out and to the workplace, and shall take appropriate

action;

(ii)

the contractors shall keep in their

possession written or retrievable electronic copies of

such assessments and shall ensure that they are updated

regularly;

(iii) the contractors shall decide on the

protective measures appropriate to the nature of the work

being carried out which are required to be taken

following these assessments and, if necessary, the

protective equipment to be used;

(iv) the assessments referred to in this

regulation shall be reviewed whenever there is any major

change in working conditions, or whenever the

contractors have reason to suspect that they are no longer

valid;

(j)

comply without undue delay, with the preventive

and protective measures indicated by the risk assessment

carried out under these regulations and, or any other relevant

regulations made under the Act;

(k)

ensure that training, information and instructions

provided in terms of regulation 14 of the General Provisions for

Health and Safety at Work Places Regulations and, or any other

relevant regulations made under the Act, are given to workers

in a comprehensible manner;

AND SAFETY REQUIREMENTS FOR WORK AT

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(l)

in particular when implementing regulation 18,

take measures that are in line with the minimum requirements

set out in Schedule IV;

(m)

comply in particular with the following, mutatis

mutandis

(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;

(ii)

the Minimum Requirements for the Use of

Personal Protective Equipment at Work Regulations;

(iii) the Work Equipment (Minimum Safety and

Health Requirements) Regulations.

Duties of workers

Without prejudice to the foregoing regulations, in order

to preserve health and safety on the construction site, the worker shall

(a)

co-operate with the project supervisor for health

and safety matters in the interest of occupational health and, or

safety;

(b)

co-operate with the project supervisor for health

and safety matters to enable compliance with the duties

pertaining to such project supervisor for health and safety

matters under these regulations;

(c)

promptly provide to the project supervisor for

health and safety matters any necessary information which may

be required to enable compliance with the duties of such project

supervisor for health and safety matters;

(d)

comply without undue delay with the directions

given by the project supervisor for health and safety matters

under these regulations, which directions if carried out, would

ensure occupational health and, or safety;

(e)

comply without undue delay, with the preventive

and protective measures indicated by the risk assessment

carried out under regulation 19(i) and, or any other relevant

regulations made under the Act;

(f)

comply with the relevant preventive and

protective measures listed in the health and safety plan prepared

under these regulations, which measures if implemented, would

ensure occupational health and, or safety.

AND SAFETY REQUIREMENTS FOR WORK AT

CONSTRUCTION SITES)

Information for workers

(1)

Without prejudice to regulation 12 of the General

Provisions for Health and Safety at Work Places Regulations, workers

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

shall 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

Consultation and participation of workers and, or of their

representatives shall take place in accordance with regulation 13 of the

General Provisions for Health and Safety at Work Places Regulations

on matters covered by regulations 14 and 18 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.

General provisions

(1)

Every person on whom a duty is placed by these

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

project shall take into 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

into 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 the imposition of an

administrative penalty or an offence under these regulations consisting

of a failure to comply with a duty or requirement to do something in

accordance with the Act and, or any regulations issued thereunder, 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 under the Act.

AND SAFETY REQUIREMENTS FOR WORK AT

CONSTRUCTION SITES)

The Workplace (Minimum Health and Safety

Requirements for Work at Construction Sites) Regulations are hereby

repealed without prejudice to anything done or omitted to be done

thereunder.

Any action, decision or proceeding, taken or commencing

before the coming into force of the Health and Safety at Work

(Minimum Health and Safety Requirements for Work at Construction

Sites) Regulations, 2025 shall continue to be regulated by the

provisions of the regulations specified in regulation 26, as in force

prior to the coming into force of the Health and Safety at Work

(Minimum Health and Safety Requirements for Work at Construction

Sites) Regulations, 2025.