Jan 2015 1

Burns Beach near Brighton, Western AustraliaRPS has won a series of awards from the Urban Development Institute of Australia - including the Water Sensitive Urban Development Category for the Brighton Estate near Perth.

Overview of the

Safety Health and Welfare at Work Construction Regulations 2013

Jim LeahyBE C Eng, MIEI, Dip SHWW,

CMIOSH, aAPS

Jan 2015

Topics

Role of Engineer as a PSDP and Designer The role of PSDP on domestic projects Preparing a Preliminary Safety and Health Plan Preparing the Safety File Duties of Contractor and PSCS Duties of Client Relevant Approved Codes of Practice Some common issues Brief overview of the Regulations where they apply to

Fire Safety

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Jan 2015

Engineers and the Construction Regulations Engineers are working as / on behalf of:

– Clients– Designers– Project Supervisor Design Process– Project Supervisor Construction Stage– Contractors

– Providing advice to Clients

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Jan 2015

Determine what is ‘Construction’

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HSA have defined what is considered ‘construction work’ in detail on their website. The definition is broad.

Includes: Construction, Demolition, Maintenance

HSA Definition of Construction Work 2012

Also see

•HSA Guidelines For Working On Roads 2008

•HSA Guide for Homeowners 2013

Legislative Requirements

Is work to last longer than 30 working days?

Is work to last longer than 500 person days?

Does the work involve a particular risk?

Is there more than one contractor?

NO PSDP OR PSCS REQUIRED

Appoint PSDP and

PSCS

Appoint PSDP and

PSCS

Appoint PSDP and

PSCS

Appoint PSDP and

PSCS

Prepare Preliminary/ Construction Stage

Health and Safety Plan

Prepare Preliminary/ Construction Stage

Health and Safety Plan

Prepare Preliminary/ Construction Stage

Health and Safety Plan

Notify HSA

Notify HSA

Yes

Yes

Yes

Yes

No

No

No

No

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Client Client PSDP/PSCSClient

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Appoint Competent Contractors

Jan 2015

1. Work which puts persons at work at risk of burial under earthfalls, engulfmentin swampland or falling from a height, where the risk is particularlyaggravated by the nature of the work or processes used or by theenvironment at the place of work or site

2. Work which puts persons at work at risk from chemical or biologicalsubstances constituting a particular danger to the safety and health of suchpersons or involving a legal requirement for health monitoring

3. Work with ionising radiation requiring the designation of controlled orsupervised areas as defined in Article 20 of Directive 80/836/Euratom

4. Work near high voltage power lines5. Work exposing persons at work to the risk of drowning6. Work on wells, underground earthworks and tunnels7. Work carried out by divers at work having a system of air supply8. Work carried out in a caisson with a compressed air atmosphere9. Work involving the use of explosives10. Work involving the assembly or dismantling of heavy prefabricated

components.

Particular Risks (Schedule 1)

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Non-exhaustive list

Client Duties

Appoint in writing competent and adequately resourced PSDP and PSCS

Terminate or change the appointments if necessary to do so;

Be satisfied that contractors and designers engaged by the Clienthave adequate competence and resources.

Retain any safety file and other relevant information and make available to any person who may legitimately need the information;

Pass on the file if the structure is disposed of;

Provide information relevant to the project / structure.

Cooperate with the Project Supervisors

Notify the HSA (when notification is required) (AF1)

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Designer Duties Take account of the General Principles of Prevention

Take account of Safety Plan / File

Communicate necessary control measures, design assumptions or remaining risks in writing

Co-operate with PSDP or PSCS … as appropriate

Provide information on Particular Risks in writing

Comply with any direction from PSDP or PSCS ….. as appropriate

Where no PSDP has been appointed, inform the Client that a PSDP must be appointed

Provide information that is necessary for the PSDP to prepare the safety file

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Jan 2015

PSDP Duties

Take account of General Principles of prevention

Take account of any existing Safety File / Safety Plan

Co-ordinate the work of Designers involved (‘…Organise co-operation between designers on the same project and, so far as isreasonably practicable, ensure co-ordination of their activities…..’)

Provide relevant information to the PSCS for inclusion in the SafetyPlan

For projects which require a Health and Safety Plan, prepare aPreliminary Health and Safety Plan

Prepare the Safety File

Coordinate the Design of Temporary Works

Accept appointment ‘in writing’

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Common and accepted method of recording Design Risk assessment decisions

R.I.A.I. / A.C.E.I. / E.I. Designing for Safety in Construction

Jan 2015

2010 - An architects based in UK was fined £120,000 and £60,000 costs (as designers)

working on the air conditioning plant which was a built on a platform accessed via a ladder at the edge of a flat roof. The roof only had a low parapet which was not high enough to prevent him from falling over 25 feet to the ground to his death.

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Recent UK Case

Jan 2015

Required of PSDP and Designers under the Construction Regulations

Consider Buildability Identify safe methods of construction for unusual

or complex designs? Design for Maintainability Structural Stability during Construction Identify Key Hazards, Eliminate, Reduce where

possible Identify Residual risks

All should maintain good records12

Effective PSDP coordination

Identify all designers Agree circulation and communication methods Review designs, design risk assessments, Identify risks Organise reviews /Workshops - design, design risk assesments….

– Best communication takes place if all are in the same room

Establish a means of tracking information -- risk register Checking that the structure/construction project can be built safely by a

competent contractor ? Maintained safely? Check that key hazards been identified and assessed? Checking that there issues being dealt with by one designer the other

designers are not taking into account? Note that Different levels of projects require different levels of

Coordination and record keeping– From a complex IT system to keeping notes in diary

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Main Duties of the PSCS 1 Develop and update the safety and health plan Coordinate the implementation of the Construction Regulations by

Contractors Organise co-operation between contractors and the provision of

information Notify the Authority before construction commences where applicable Co- ordinate the checking of safe working procedures; Monitor

compliance Co- ordinate arrangements to ensure that workers have a Safety

Awareness card, e.g. Safe Pass & Construction Skills (CSCS) card Co-ordinate measures to restrict entry on to the site; Co-ordinate the reporting of accidents to the Authority Co- ordinate the appointment of a site safety representative where there

are more than 20 persons on site; Appoint a safety adviser where there are more than 100 workers on site; Provide all necessary safety file information to the PSDP.

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Jan 2015

Main Duties of Contractor Co-operate with the PSCS – provide site specific information, including relevant

extracts from safety statement Provide the PSCS with information required for the safety file Comply with directions of the project supervisors Report accidents to the authority and to the PSCS where an employee cannot

perform their normal work for more than 3 days Comply with site rules and the safety and health plan and ensure that

employees comply Identify hazards, eliminate the hazards or reduce risks during construction Facilitate the site safety representative Ensure that relevant workers have Safe Pass and a CSCS card where required Provide workers with site specific induction Appoint a safety officer where there are more than 20 on site or 30 employed Monitor compliance and take corrective action If no Project Supervisors appointed, advise the Client of his/her duties to

appoint

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Status of HSA ACoPs and Guidelines

ACoPs and Guidelines form third tier of legislation.

Codes have special legal status. You may use alternative methods but you will have to show you complied with the law.

Following guidance is not compulsory - free to take other actions to achieve compliance.

But if you do follow the guidance you will normally be doing enough to comply with the law.

Health and Safety Authority inspectors seek to secure compliance with the law and may refer to guidance as illustrating good practice and compliance.

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Jan 2015

Underground Services ACoP

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• Reference to placing services too close together…. For future maintenance/access

•Where possible, the designers should obtain up-to-date maps and records of all potentially hazardous underground services in order to allow them consider, at the design stage, the risks posed by those services

Extracts from ACoP

Jan 2015

Overhead Electricity Lines ACoP

Introduces The “Hazard Zone” and the ‘Exclusion Zone’ Methods to prevent access into Hazard Zones is ‘Temporary Works’ –

design of temporary works must be coordinated by the PSDP In coordinating the design of temporary works, the PSDP should ensure

that relevant designers include on their drawings the routes of all overhead lines that

(a) Cross over the site or (b) cross over the access routes to the site or (c) are adjacent to the site boundaries.

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Extracts from ACoP

Jan 2015

Confined Spaces ACoP

designers should, where elimination of the need for persons to enter a confined space is impracticable, ensure that entry and exit can be achieved with as much ease as possible.

The size of openings used for access to and egress from confined spaces needs to be adequate to allow ready passage.

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Extracts from ACoP

Jan 2015

Scaffolding ACoP

Not all scaffolding requires a design. General access scaffolding, erected in accordance with the manufacturer’s instructions, does not require any further design

A list of types of scaffolding which require ‘structural design and calculation’ is provided in section 2.3.2 of the code of practice. This is a non-exhaustive list

Design (in this ACoP) means conception and calculation to produce a scheme for erection.

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Extracts from ACoP

Jan 2015

Roofwork ACoP Much detail and information

4.6.1 – page 19 – edge protection in order of effectiveness

4.7 industrial roofs – guidance on inclusion for the safety file

Section on chemicals – glues, solvents, sealants, bitumen, Asphalt

Appendix C – technical guidance on fall arrest / fall prevention

Good example of what the client should provide – page 11

List of things to be included in the preliminary plan –particular to roofs in page 13

Transition from fragile to non-fragile to be identified

Reference to homeowners (note prior to 2013 Regs.)

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Extracts from ACoP

Structural Anchor ACoP

Anchor specifier specifies the anchor required

2 FM-02

Designer gathers information necessary for design of anchors

1 FM-01

Anchor installer checks anchor is installed correctly

3 FM-03

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To be used in ‘Safety Critical Situations’ - where the failure of such connections would cause risk of human injury or death.

PSDP Coordination

Jan 2015

The Safety File

As-built drawings of the structure and services, Specifications and bills of quantities (where relevant)

General design criteria/plans and specific design criteria/plans such as loading of roofs, floors, cranes, etc.

Details of materials used, Information on any known hazardous materials Maintenance manuals and instructions for plant and equipment including

Requirements for Maintenance procedures Instructions for routine maintenance especially where it may require particular

safety measures Manuals and where required, certificates Residual risks: eg. Details of fragile materials and any incorporated facility to

protect those working in close proximity, such as anchor points Future Demolition Hazards

Safety File may exist in the form of computer files or as paperwork – needs to be determined early

Safety File is for future construction, demolition, maintenance 23

Jan 2015

Domestic Clients

The project supervisors, designers or contractors must demonstrate to the client that they are competent and have allocated or will allocate adequate resources…

There is a duty of care placed on the Contractor to be fully compliant with H&S requirements and by extension fully aware of same. - ignorance is no defence.

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Temporary Works

HSA 2006 CR Guide:•‘Temporary works may include such matters as trench shoring, scaffolding, propping, working platforms, gangways and access stairs/ladders, etc. Persons who make decisions on site in respect of these may be deemed to be designers.•‘the contractor has the duty to comply with the technical requirements relating to excavations, scaffolding and other specific element of the Regulations’

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Jan 2015

Temporary Works / Permanent Works

It may make sense that design / design coordination is not required for any Temporary Works / Permanent works which:

are assembled in conformity with a generally recognised standard configuration, e.g. in accordance with manufacturer’s specifications or drawings, or standard layouts (2006 Guidance, Scaffolding ACoP)

and/or

Can be built in accordance with manufacturer’s specifications or drawings, or standard layouts prepared by recognised organisations. These guidelines must be available. (2006 Guidance, Scaffolding ACoP)Eg. National Access and Scaffolding Confederation (UK) - TG20: Guide to Good Practice for Scaffolding with Tube and Fittings

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Permanent & Temporary Design Certificates

Included in the Con. Regs. Guidelines Regulations

Not an absolute requirement

Records coordination ??

Definitely focuses the mind !

EI, ACEI, RIAI alternative Certificates

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Jan 2015

Preliminary Safety and Health Plan (RPS)

General Description Of Project Project Details

– Who is Client, PSDP, Current designers, PSCS?– Timescale of Project - anticipated start and finish dates, Basis this timescale was

estimated on Project Safety Objectives Reference To Drawings / Specifications Relevant Adjoining Land Uses Site Restrictions

– Any particular site rules (e.g. pharmaceutical)– Local emergency procedures– Local security arrangements

Phasing of Works Other Work Activities on site Known Existing Services Information On Particular Risks

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Jan 2015

Identification of Particular Design Requirements– Anticipated Temporary Works Requiring Design– Scaffolding (list as per ACoP)– Structural Anchors, Examples of Safety Critical Situations likely to occur (list as per

ACoP) Recommendations / Specific Measures For Reducing Particular Risks

– Any particular work methods that are recommended for safe construction (where a method may not be obvious to a competent contractor)

– Features of the design and sequences of assembly or disassembly that are crucial to safe working

– Specified Materials requiring particular precautions Location of welfare facilities –water, electricity, sewer The Safety File

– Arrangements for gathering information for the Safety File– Contents of the Safety File

Continuing Liaison During Construction Stage – Procedures Required – Site meeting - proposed agenda to include PSDP matters

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Preliminary Safety and Health Plan (RPS)

Jan 2015

Preliminary Safety and Health Plan / Construction Stage Plan for Domestic projects

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See Guide for Contractors and Project Supervisors

Jan 2015

Typical Fire Safety Information for the Preliminary Safety and Health Plan

Identify adjacent fire fuel sources Existing Emergency planning Existing fire permitting requirements nature of nearby activities, especially if they are sensitive to

site-generated fire risks or pose fire risks to the construction work

details of any likely continued occupation of the site details of any design assumptions or suggested

construction processes or methods which lead to high fire risk.

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House extension, Single storey

Designer Risk asessments

Access to rear of house Depth of drainage close

to existing foundations Maintenance

requirements- access to a sewer pipe was almost obstructed

PSDP coordination

Met with Designer and Builder

Discussed issues Prepared Prelim Safety

Plan Prepared Safety File (as-

builts and manuals for boiler, windows etc.)

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Anticipated to take longer than 30 working days, PSDP and PSCS required

Two Storey Industrial Development

Designers’ Risk asessments Depth of drainage Scaffolding requirements Maintenance requirements

Replacement, smoke detectors , fire dampers

–Window cleaning, –Roof maintenance, gutters, –Access to manholes, sumps–Door widths, floor loading, equipment

PSDP Coordination Met with M&E, Structural, Architectural

Designers, Reviewed risk assessments, gave feedback, maintained design risk register

Prepared Prelim Safety Plan Prepared Safety File Used Design Certificates Temporary works design coordinated

through Construction stage meetings

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Anticipated to take longer than 30 working days, PSDP and PSCS required

Domestic – Bathroom refurbishment

Designers’ Risk asessments

?????

PSDP coordination

?????

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More than one contractor envisaged: Tiler, Electrician, plumber (all are ‘Contractors’). PSDP and PSCS required

Jan 2015

Brief overview of the Regulations where they apply to Fire Safety

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Jan 2015

Fire Officers – Designers?

UK CDM Regulations 2007 Approved Code of Practice

‘Local authority or government officials may provide advice relating to designs and relevant statutory requirements, but this does not make them designers. This is because these are legal requirements where the designer has no choice in respect of compliance. Any such requirements should be treated as “design constraints” in the usual way. However, if the statutory bodies require that particular features which are not statutory requirements are included or excluded (for example stipulating the use of hazardous substances for cleaning or the absence of edge protection on flat roofs), then they are designers and must ensure that they comply with these CDM Regulations’

H&S Opinion: Not the intent of the Regs to……

Recent legal opinion :…..Not designers if enforcing standards….

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Jan 2015

Fire Design Issues under the Construction Regulations

Fire Designers to consider the interaction with other designers/PSDP –– Access for maintenance, fire dampers etc.– Access for maintenance of smoke exhaust systems – e.g. Atria– Structural capabilities to carry fire protection materials, Rising fire mains and fire

fighting shafts – Information for the safety file, – Fire escape routes impeded by other design features– Possibly ensuring the requirements of the fire safety certificate are met? Make sure

other designers take it into account – Coordination. Fire strategy for safety File?

Issues to watch for in the construction stage– Fire risk during construction – Timber framed buildings, adequate separation from other buildings,– Work requiring excessive flames/sparks, – Access for fire brigade to site and surrounding area, – fire protection during renovation works, – partial occupation

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Reference Documents / Websites

• ACEI/ EI/ ACEI ‘Designing for Safety in Construction’

• CIRIA - CDM 2007 - Construction work sector guidance for designers (C662D)

• CDM aCOP (UK) (note CDM Regs. about to change)

• HSA aCOPs, HSA Guidance

• Construction Skills / HSE Industry Guidance (UK)

• Association for Project Safety publications

• HSG168 Fire safety in construction

• Construction Safety Partnership

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Jan 2015

Summary

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Designers/ PSDP to Consider Construction , maintenance and Demolition Risks

Identify Key Hazards - eliminate, reduce where possible

Identify Residual risks

Make use of Guidance, ACoPS, etc.

All should maintain good records