Need building work done? A short guide for clients (building owners, users or managing agents) on the Construction (Design and Management) Regulations 2015

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This guidance is aimed at you if you are a building owner, user or managing agent and are having maintenance, small-scale building work or other minor works carried out in connection with a business – as you will be a client with legal duties under the Construction (Design and Management) Regulations 2015 (CDM 2015).

Following the simple steps below will help you meet your responsibilities as a client and ensure construction work and repairs are undertaken safely and without damaging worker’s and other people’s health.

What does CDM 2015 do?

Complying with CDM 2015 will help ensure that no-one is harmed during the work, and that your building is safe to use and maintain while giving you good value. Effective planning will also help ensure that your work is well managed with fewer unexpected costs and problems.

What do clients need to do?

Many clients, particularly those who only occasionally have construction work done, are not experts in construction work. Although you are not expected to actively manage or supervise the work yourself, you have a big influence over the way the work is carried out. Whatever the size of your project, you decide which designer and contractor will carry out the work and how much money, time and resource is available. The decisions you make have an impact on the health, safety and welfare of workers and others affected by the work.

CDM 2015 is not about creating unnecessary and unhelpful processes and paperwork. It is about choosing the right team and helping them to work together to ensure health and safety.

As a client, you need to do the following.

  1. Appoint the right people at the right time

If more than one contractor will be involved, you will need to appoint (in writing) a principal designer and a principal contractor.

A principal designer is required to plan, manage and coordinate the planning and design work.  Appoint them as early as possible so they can help you gather information about the project and ensure that the designers have done all they can to check that it can be built safely.

A principal contractor is required to plan, manage and coordinate the construction work. Appoint them as early as possible so they are involved in discussions with the principal designer about the work.

Getting the right people for the right job means your designers and your contractors need to have the skills, knowledge and experience to identify, reduce and manage health and safety risks. This is also the case if they are a company (known as having ‘organisational capability’ for the job). The designers and the contractors should be able to give references from previous clients for similar work and explain to you how they will achieve this.

Professional bodies can help you choose your architect and other designers. The Safety Schemes in Procurement (SSIP) website has lists of businesses which have been assessed on their health and safety management. A contractor may be a member of a trade association.

  1. Ensure there are arrangements in place for managing and organising the project

The work is more likely to be done without harming anyone and on time if it is properly planned and managed. Sometimes the work is complex and uses many different trades. Often it involves high-risk work such as the work listed in the bulleted list below. The principal designer should understand these types of risks and try to avoid them when designing your project. The principal contractor or builder should manage the risks on site.

These are the biggest causes of accidents and ill health in construction work, and your designer and contractor can manage the risks by doing the following.

Falls from height:

  • Make sure ladders are in good condition, at a 1:4 angle and tied or footed.
  • Prevent people and materials falling from roofs, gable ends, working platforms and open edges using guardrails, midrails and toeboards.
  • Make sure fragile roof surfaces are covered, or secure working platforms with guard rails are used on or below the roof.

Collapse of excavations:

  • Shore excavations; cover or barrier excavations to prevent people or vehicles from falling in.

Collapse of structures:

  • Support structures (such as walls, beams, chimney breasts and roofs) with props; ensure props are installed by a competent person.

Exposure to building dusts:

  • Prevent dust by using wet cutting and vacuum extraction on tools; use a vacuum cleaner rather than sweeping; use a suitable, well-fitting mask.

Exposure to asbestos:

  • Do not start work if it is suspected that asbestos may be present until a demolition/refurbishment survey has been carried out.

Electricity:

  • Turn the electricity supply and other services off before drilling into walls.
  • Do not use excavators or power tools near suspected buried services.

Protect members of the public, the client, and others:

  • Secure the site; net scaffolds and use rubbish chutes.

Discuss with your designer and builder before work starts and throughout the build how these risks are being managed.

  1. Allow adequate time

Work that is rushed is likely to be unsafe and of poor quality. Allow enough time for the design, planning and construction work to be undertaken properly.

  1. Provide information to your designer and contractor

Your designer and builder will need information about what you want built, the site and existing structures or hazards that may be present such as asbestos, overhead cables, and buried services. Providing this information at an early stage will help them to plan, budget and work around problems. Your principal designer can help you gather this information.

Putting together a ‘client brief’ at the earliest stages which includes as much information as you have about the project, along with the timescales and budget for the build and how you expect the project to be managed can help you to set the standards for managing health and safety.

  1. Communicate with your designer and building contractor

Your project will only run efficiently if everyone involved in the work communicates, cooperates and coordinates with each other.

During the design and planning stage, you, your designer and contractor need to discuss issues affecting what will be built, how it will be built, how it will be used and how it will be maintained when finished. This will avoid people being harmed or having unexpected costs because issues were not considered when design changes could still easily be made.

Meeting with your designer and contractor as the work progresses gives an opportunity to deal with problems that may arise and discuss health and safety. This will help to ensure that the work progresses as planned.

  1. Ensure adequate welfare facilities on site

Make sure that your contractor has made arrangements for adequate welfare facilities for their workers before the work starts. See the HSE publication Provision of welfare facilities during construction work (see ‘Further reading’).

  1. Ensure a construction phase plan is in place

The principal contractor (or contractor if there is only one contractor) has to draw up a plan explaining how health and safety risks will be managed. This should be proportionate to the scale of the work and associated risks and you should not allow work to start on site until there is a plan.

  1. Keep the health and safety file

At the end of the build the principal designer should give you a health and safety file. If the principal designer leaves before the end of the project, the principal contractor (or contractor if there is only one contractor) should do this. It is a record of useful information which will help you manage health and safety risks during any future maintenance, repair, construction work or demolition. You should keep the file, make it available to anyone who needs to alter or maintain the building, and update it if circumstances change.

  1. Protecting members of the public, including your employees

If you are an employer, or you have members of the public visiting your premises, you need to be sure that they are protected from the risks of construction work.

Discuss with your designer and contractor how the construction work may affect how you run your business, eg you may have to re-route pedestrian access; make sure signs to your entrance are clear; or change the way your deliveries operate.

  1. Ensure workplaces are designed correctly

If your project is for a new workplace or alterations to an existing workplace (eg a factory or office), it must meet the standards set out in the Workplace (Health, Safety and Welfare) Regulations 1992 (see ‘Further reading’).

Notifying construction projects

For some construction work (work lasting longer than 30 days with more than 20 workers working at the same time, or involving 500 person days of work), you need to notify HSE of the project as soon as possible before construction work starts. In practice, you may request someone else to do this on your behalf.

How can you find out more?

Your principal designer or principal contractor will be able to advise you on your duties.

Why you should comply with your duties as a client

If you do not comply with CDM 2015, you are likely to be failing to influence the management of health and safety on your project. This means that your project could be putting workers and others at risk of harm, and that the finished structure may not achieve good standards and be value for money.

If you don’t appoint a principal designer or principal contractor you will be responsible for the things that they should have done.

Serious breaches of health and safety legislation on your construction project could result in construction work being stopped by HSE or your local authority and additional work may be needed to put things right. In the most serious circumstances, you could be prosecuted.

Fee for Intervention

HSE now recovers the costs of time spent dealing with material breaches of health and safety law. This is known as Fee for Intervention (FFI). FFI applies when an inspector finds something wrong that they believe is serious enough for them to write to you about. A fee is charged for the time spent by the inspector in sorting it out. Following the simple guidance in this leaflet may help you to avoid having to pay a fee.

Further reading

CONIAC industry guides http://www.citb.co.uk/health-safety-and-other-topics/health-safety/construction-design-and-management-regulations/cdm-guidance-documents/

Construction phase plan (CDM 2015): What you need to know as a busy builder Construction Information Sheet CIS80 HSE Books 2015 www.hse.gov.uk/pubns/cis80.htm

Health and safety in construction HSG150 (Third edition) HSE Books 2006 ISBN 978 0 7176 6182 4 www.hse.gov.uk/pubns/books/hsg150.htm

Managing health and safety in construction. Construction (Design and Management) Regulations 2015. Guidance on regulations L153 HSE Books 2015 ISBN 978 0 7176 6626 3 www.hse.gov.uk/pubns/books/l153.htm

Provision of welfare facilities during construction work Construction Information Sheet CIS59 HSE Books 2010 www.hse.gov.uk/pubns/cis59.htm

Workplace health, safety and welfare. Workplace (Health, Safety and Welfare) Regulations 1992. Approved Code of Practice and guidance L24 (Second edition) HSE Books 2013 ISBN 978 0 7176 6583 9 www.hse.gov.uk/pubns/books/l24.htm

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

 

 

WORK RELATED ROAD SAFETY – EMPLOYERS RESPONSIBILITIES

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Work related road safety

Everyone who uses the public highway must comply with road traffic legislation which is managed by the Department for Transport (DfT). This covers things as diverse as requirements for vehicles to be regularly examined for road-worthiness, through to the application of speed limits. However, employers also have some responsibilities to manage the work properly and take proportionate measures to keep workers safe.

Employers responsibilities

Managing the risks to employees who drive at work requires more than just compliance with road traffic legislation.

The Health and Safety at Work etc Act 1974 requires employers to take appropriate steps to ensure the health and safety of their employees and others who may be affected by their activities when at work. This includes the time when they are driving or riding at work, whether this is in a company or hired vehicle, or in the employee’s own vehicle.

There will always be risks associated with driving. Although these cannot be completely controlled, an employer has a responsibility to take all reasonable steps to manage these risks and do everything reasonably practicable to protect people from harm in the same way as they would in the workplace.

Practical considerations

The lists below are practical considerations for employers.

Drivers should be:

  • competent and capable of doing their work in a way that is safe for them and others;
  • properly trained;
  • sufficiently fit and healthy to drive safely and not put themselves and others at risk;
  • provided with information that will help them reduce risk (eg recommended tyre pressures);
  • provided with appropriate advice on driving posture.

Vehicles should be:

  • fit for the purpose for which they are used;
  • maintained in a safe condition and fit for the road.

Journey planning should:

  • take account of appropriate routes;
  • incorporate realistic work schedules;
  • not put drivers at risk from fatigue;
  • take sufficient account of adverse weather conditions.

Employers are encouraged to seek the views of their employees, or their representatives, as they will have first-hand experience of what happens in practice.

Managing the risks

While employers cannot exercise the same control over hazards to employees when they are driving or riding on the road as in the workplace, there are practical steps they should take to reduce the risks.

Work-related road safety can only be effectively controlled if it is integrated into arrangements for managing health and safety at work. For example, an employer should take account of the total number of hours worked, and not just the number of hours spent at the wheel, when planning driving schedules.

The risk section of the HSE website (http://www.hse.gov.uk/risk/index.htm) contains practical advice on how to carry out a risk assessment and links to helpful free publications.

There are also many business benefits in managing work-related road safety, no matter how large or small your business is. For example:

  • fewer days lost due to injury;
  • fewer vehicles off the road for repair;
  • fewer missed orders;
  • reduced need for investigation and follow up.

For more information, visit the HSE web page: http://www.hse.gov.uk/roadsafety/index.htm or contact us on 07896 016380 or at fiona@eljay.co.uk and we’ll be happy to help.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

 

 

Safety in the storage and handling of steel and other metal stock (revised guidance)

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Safety in the storage and handling of steel and other metal stock (revised guidance) – metal company fined after worker loses foot

A Bedfordshire metal company has been fined for safety breaches after a worker suffered severe leg injuries and lost most of his foot.

Luton Magistrates’ Court heard how the 24 year-old, who was an agency worker for the company, was injured when a trolley carrying metal stock fell on his legs causing severe injuries.

A bundle of 18 stainless steel bars weighing about 900kg was on a four wheeled trolley. The trolley was manually moved by the worker and another staff member but it tipped over and the bundle of bars fell off the top of the trolley trapping his leg and foot. He was rushed to hospital by the emergency services.

His right leg was broken and his right foot was badly crushed. Despite a number of operations to save his foot, most of it was amputated and he now has a prosthetic foot. It was many months before he was able to return to work. He is currently only able to work on a part-time basis.

HSE found that the metal trolleys had been used on site for some 20 years without incident. The metal company purchased the trolleys to be used as ‘workstations’, but employees had chosen to also use them to move metal stock around the site. There was no risk assessment or written system of work for these trolleys at the time of the accident. The trolley also had faulty wheels and there was no record of any maintenance.  After the accident, the trolley was given a safe working load of 500kg; half the weight placed on the trolley at the time of the accident.

The metal company pleaded guilty to Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £130,000 with costs of £2,456.40 and a victim surcharge of £120.

Speaking after the hearing, HSE Inspector Emma Page said: “[The worker’s] life has been drastically altered by what happened and this incident could have been very easily avoided with some very simple measures. The right equipment and a correct maintenance system would have prevented this from happening.”

Safety in the storage and handling of steel and other metal stock

Many accidents, some resulting in death and serious injury, continue to occur during the storage and handling of steel and other metal stock. They cause enormous social and economic cost over and above the human tragedy involved. It is in everyone’s interest that they are reduced. Accident investigations often show that these injuries could have been avoided.

This revised guidance (http://www.hse.gov.uk/pubns/priced/hsg246.pdf) is aimed at directors, owners, managers and supervisors and pays particular attention to the most common hazards, including (un)loading of delivery vehicles, storage systems, workplace transport, mechanical lifting and injuries from sharp edges.

New sections compare the use of single- versus double-hoist cranes and give additional information on the safe use of pendant and remote controllers, suitable lifting accessories, working at height and providing better access arrangements with stock products. There are now specific requirements which effectively prohibit the stacking of ‘U’ frame racking and ‘barring-off’.

This revised guidance was produced in consultation with the National Association of Steel Services Centres (also known as NASS) and the City of Wolverhampton Council working as partners with HSE in the Steel Stockholders Lead Authority Partnership (SSLAP).

For more information, visit the HSE web page http://www.hse.gov.uk/pubns/books/hsg246.htm or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

 

HEALTH & SAFETY NEWS UPDATE – 6TH OCTOBER 2016

We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk

Roof work – contractor seriously injured in fragile skylight fall

A London exhibition venue firm and a building contractor have been fined for safety failings after a specialist contractor fell through a fragile skylight.

Westminster Magistrates’ Court heard how the exhibition venue firm allowed workers to cross an unsafe roof, which contained three fragile skylights and open edges, and failed to prevent contractors crossing the same unsafe roof on a number of occasions.

The court also heard that the building contractor, who had been appointed by the exhibition venue firm to undertake repair work at the site, had led a specialist lead contractor over the unsafe roof in May 2015. As he walked over the unsafe roof the lead contractor fell through a skylight, falling 5.5m. He suffered serious injuries including a shattered pelvis, broken wrist, and a broken elbow.

An investigation by the Health and Safety Executive (HSE) into the incident found that the exhibition venue firm failed to ensure that access to and from the areas of the roof which required repair was suitable and safe, and that sufficient measures were in place to protect against the risks of falling from height.

The building contractor failed to ensure that the job of accessing and then inspecting the auditorium roof was properly planned.

The exhibition venue firm pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974, was fined £300,000 and ordered to pay costs of £2925.56

The building contractor pleaded guilty to breaching Regulation 4(1)(a) of the Work at Height Regulations 2005, and was fined £4,000 and also ordered to pay costs of £2925.56

Roof work

What you need to do

The law says you must organise and plan all roof work so it is carried out safely.

All work on roofs is highly dangerous, even if a job only takes a few minutes. Proper precautions are needed to control the risk.

Those carrying out the work must be trained, competent and instructed in use of the precautions required. A ‘method statement’ is the common way to help manage work on roofs and communicate the precautions to those involved.

On business premises contractors should work closely with the client and agree arrangements for managing the work.

Key issues are:

What you need to know

Everyone involved in managing or carrying out work on roofs should be aware of the following facts:

  • High risk: almost one in five deaths in construction work involve roof work. Some are specialist roofers, but many are just repairing and cleaning roofs.
  • Main causes: the main causes of death and injury are falling from roof edges or openings, through fragile roofs and through fragile rooflights.
  • Equipment and people: many accidents could be avoided if the most suitable equipment was used and those doing the work were given adequate information, instruction, training and supervision.

Safe access

Safe access to a roof requires careful planning, particularly where work progresses along the roof.

Typical methods to access roofs are:

  • general access scaffolds;
  • stair towers;
  • fixed or mobile scaffold towers;
  • mobile access equipment;
  • ladders; and
  • roof access hatches.

Roof edges and openings

Falls from roof edges occur on both commercial and domestic projects and on new build and refurbishment jobs. Many deaths occur each year involving smaller builders working on the roof of domestic dwellings

  • Sloping roofs: sloping roofs require scaffolding to prevent people or materials falling from the edge. You must also fit edge protection to the eaves of any roof and on terraced properties to the rear as well as the front. Where work is of short duration (tasks measured in minutes), properly secured ladders to access the roof and proper roof ladders may be used.
  • Flat roofs: falls from flat roof edges can be prevented by simple edge protection arrangements – a secure double guardrail and toeboard around the edge.

Fragile surfaces

Always follow a safe system of work using a platform beneath the roof where possible. Work on or near fragile roof surfaces requires a combination of stagings, guard rails, fall restraint, fall arrest and safety nets slung beneath and close to the roof.

  • Fragile roofs: all roofs should be treated as fragile until a competent person has confirmed they are not. Do not trust any sheeted roof, whatever the material, to bear a the weight of a person. This includes the roof ridge and purlins.
  • Fragile rooflights are a particular hazard. Some are difficult to see in certain light conditions and others may be hidden by paint. You must provide protection in these areas, either by using barriers or covers that are secured and labelled with a warning.

See Fragile surfaces  for more detailed information: http://www.hse.gov.uk/construction/safetytopics/fragile.htm

For more information visit the HSE web page: http://www.hse.gov.uk/construction/safetytopics/roofwork.htm or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence