Danny Coomber MCIOB, RMaPS On behalf of Trenton Consultants Ltd for The University of Chester. 10 July 2011

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1 Danny Coomber MCIOB, RMaPS On behalf of Trenton Consultants Ltd for The University of Chester 10 July 2011 Information Re-produced by kind permission of APS, the HSE and Construction Skills Health, Safety and Welfare In Construction And The Construction (Design and Management) Regulations 2007

2 Source of Good Reference Construction Skills Website: Home Supporting your construction business Health & Safety Construction (Design and Management) Regulations Guidance 1. Health, Safety and Welfare In Construction

3 Legal Framework Update on Health and Safety Statistics Health and Safety Legislation Hierarchy and interaction of Legislation Health and Safety Statistics

4 Overview of the construction industry Output - 8% of UK GDP 1.75M site workers and 450K professionals and consultants (8% of working population) 190,000 companies (95% employ < 10) Over 200+ key stakeholders No entry threshold/transitory workplaces 17bn unofficial economy Disproportionate level of fatals, major injuries and incidents of ill-health Analysis of figures by type of accident %of total Type of accident 46% - Falls from a height 15% - Struck by falling/flying object, eg during machine lifting of materials 15% - Struck by a moving vehicle 9% - Trapped by something collapsing or overturning 7% - Other causes 6% - Contact with electricity or an electrical discharge 2% - Contact with moving machinery or material being machined

5 Estimates of numbers of construction workers suffering ill-health Asbestos (mesothelioma, asbestosis, lung cancer) to 250 Musculoskeletal injury (back disorders, work-related upper limb disorders, lower limb disorders) to Respiratory disease (bronchitis, emphysema, asthma, pneumoconiosis, sinusitis, influenza) 3500 to Skin disease 3100 to Noise (deafness and ear conditions) 1000 to 5800 Vibration conditions 200 to 400 Health and Safety Legislation The Health and Safety at Work etc Act 1974 The Management of Health and Safety at Work Regulations 1999 Workplace (Health, Safety and Welfare) Regulations 1992 The Construction (Design and Management) Regulations 2007

6 GENERAL DUTIES UNDER THE HASAWA Section 2. The duties on an Employer to his Employees 3. The duties of an Employer to persons other than his Employees 4. Duties on those who have, to any extent, control of Premises 6. Duties on anyone who designs, manufactures, imports or supplies any article or substance for use at work 7. The duty on every employee at work 8. Duty on everyone not to interfere with or misuse anything provided in the interest of health, safety or welfare Sections 2 to 6 of the HSW etc Act: Set out the general duties of employers, self-employed persons, persons who have control of premises, employees, manufacturers and suppliers to safeguard the Health and Safety of employees and members of the public who may be affected by their work activities.

7 LEVELS OF COMPLIANCE ABSOLUTE DUTY When the words Shall or Must are used the duty must be complied with. SO FAR AS IS PRACTICABLE Compliance is required regardless of difficulty, inconvenience or cost. SO FAR AS IS REASONABLY PRACTICABLE Compliance is required based on a balance of risk severity and likelihood v sacrifice in time money and trouble. REGULATIONS, APPROVED CODES OF PRACTICE AND GUIDANCE. The HASAWA makes provision for the introductions of Regulations, Approved Codes of Practice (ACOPs) and Guidance for particular undertakings and activities. They each have different legal status. 1. Regulations Are Statutory and must be complied with. 2. ACOPs - Whilst not law, have a quasi-legal status and may be used in evidence; they demonstrate the standard necessary to ensure compliance with the law. 3. Guidance - Gives advice on how to achieve the standard required; following this may demonstrate good practice.

8 Management of Health and Safety at Work Regulations 1999 Construction (Design and Management) Regulations 2007 Specific Requirements Relating to Construction Health, Safety and Welfare The Construction (Health, Safety and Welfare) Regulations 1996 are now consolidated within The Construction (Design and Management) Regulations 2007

9 Structure of CDM 2007 Five parts Part 1: Introduction Part 2: General management duties applying to all construction projects Part 3: Additional duties where projects are notifiable Part 4: Worksite health and safety requirements Part 5: General Supported by a CDM 2007 Approved Code of Practice (ACoP) The ACOP & The CDM Regulations Managing Health and Safety in Construction L144 The ACOP for CDM 2007 CDM 2007 ACOP.pdf See handout PDF Copy of ACOP

10 Part 4 of The Construction (Design and Management) Regulations 2007 Duties relating to health and safety on construction sites which all contractors carrying out construction work must comply with Regulation 25 introduces the application of regulations 26 to 44 Regulations 26 to Safe places of work 27. Good order and site security 28. Stability of structures 29. Demolition or dismantling 30. Explosives 31. Excavations 32. Cofferdams and caissons 33. Reports of inspections 34. Energy distribution installations

11 Regulations 26 to 44 (Continued) 35. Prevention of drowning 36. Traffic routes 37. Vehicles 38. Prevention of risk from fire etc. 39. Emergency procedures 40. Emergency routes and exits 41. Fire detection and fire-fighting 42. Fresh air 43. Temperature and weather protection 44. Lighting The Hidden Costs of Accidents! 1 - Insured Costs, Covering Injury, Ill Health and Damage Uninsured Costs Uninsured Costs, Product and Material Damage, Plant and Building Damage, Tool and Equipment Damage, Legal Costs, Spending on Emergency Supplies, Clearing the Site and Production Delays, Overtime and Temporary Labour, Investigation Time and Clerical Effort, Loss of Expertise, Supervisors Time, FINES.

12 Are there any questions?

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