Preparing for Construction Projects
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IN THIS ISSUE |
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WELCOME |
Along with many of our readers, we are a growing company, needing to make adjustments to our office accommodation from time to time and that sometimes means bringing in the builders. We tend not to get involved with major construction sites (not on our own behalf, that is, though we do on behalf of our clients) but in terms of health and safety, building work still carries significant risks no matter how large or small the project.
For example, falls from height are a major hazard in the construction industry. According to the Health & Safety Executive, in 2002/03 falling from height accounted for 30% of all major injuries to construction industry employees.
Like everyone else, we would love to be able to call in contractors to do the work and then get on with our main business while someone else worries about the problems (and dangers). Unfortunately, that doesn’t align well with our legal obligations. As client for the work, we (and you) have certain duties to ensure the work is carried out safely, and those duties start well before the actual building work starts.
This is particularly applicable for those projects that are subject to the requirements of the CDM Regulations [Construction (Design and Management) Regulations]. Application of CDM depends on a combination of factors such as duration of the project, number of person days, maximum labour force and whether or not it is a domestic client. However, to keep things simple, if the project extends for more than 30 days or requires more than 500 person days effort, there’s a good chance that the CDM regulations apply.
In this issue, I want to draw your attention to some of the legal responsibilities in the early stages of a building project and perhaps throw a little bit of light on what the Health & Safety Executive are planning for the future in this respect.
On a somewhat different tack, under Case Law, I want to bring to your attention the practicalities of caring for children, who are particularly vulnerable when they are in the workplace, whatever the reason might be.
David Skews, (CEO)
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PREPARING FOR CONSTRUCTION PROJECTS |
In this article, I want to concentrate on those issues we need to take into account during the very early stages of construction projects, with particular emphasis on those projects that are subject to CDM Regulations.
The construction industry still accounts for far too many workplace accidents and therefore when any of us are having building work done, there is no case for being complacent when it comes to health and safety.
Identifying the Risks Early
Of the accidents that occur in the building industry, there is evidence to indicate that up to 60% of them are directly attributable to decisions taken before the actual building work even starts. This statistic is corroborated by further evidence from the HSE, which indicates that 40% of designers are unaware of the safety factors that should be taken into account at the design stage - such straightforward issues as fragile roofing materials or the need for ladders during construction and maintenance, for example.
Bearing in mind that, as clients, we either make the decisions or strongly influence the appointment of designers and much other preparatory work, this means that we all have a role to play in seeking to bring down the level of accidents and fatalities in the construction industry.
Health & Safety Executive Consultation
If these facts are not convincing enough, the Health and Safety Executive (HSE) is looking to revise the Construction (Design and Management) Regulations (CDM) and the associated Approved Code of Practice. A major aim is to enhance the client’s responsibility in regard to health and safety.
Current indications are that there will be a new regulation that will impose a duty on clients to make and maintain “Safety Management Arrangements”. In other words, when you commission building work to be carried out around your premises, you – as the client - will need to operate a CDM Safety Management System to ensure the work can be carried out without risk to health and safety. That includes appointing a competent design and construction team. Sounds like the death knell is tolling for cowboy outfits!
Existing Legal Obligations
Of course, as clients, we already have legal responsibilities in this regard under current legislation. For example, we are responsible for:
- Making timely appointments of planning supervisors and principal contractors who can satisfy us in regard to being both competent and adequately resourced
- Considering how these people will work together to ensure everyone's safety
- Providing health and safety information about the site and any existing structures
- Ensuring work doesn’t start until there is a construction phase Health & Safety Plan in place.
Changes on the Horizon
Pre-Construction Best Practice
However, as I have already intimated, these responsibilities are likely to be enhanced under the proposed revisions so it is sensible to be prepared beforehand.
The following summarised best practice approach for the CDM Framework has been prepared by our senior CDM consultant. It covers the kind of activities that should be performed in the earliest stages - before any construction work begins.
I cannot guarantee that it mirrors exactly what will be included in the proposed changes. However, if you follow our approach, you will be discharging your moral duty to care for the safety of those you employ and you will almost certainly be satisfying the changes that are currently being considered by the HSE. Perhaps use it as a benchmark to assess your current processes and procedures.
HSE Notification
- Issue the initial F10 Notification within 1 working day of appointing the Planning Supervisor
- Issue additional F10 Notification within 1 working day of appointing the Principal Contractor
- (Ensure all relevant information is included each time an F10 Notification is issued)
Client Responsibilities
- Ensure you are fully briefed on current CDM Regulations
- Obtain HSE documentation on responsibilities of clients and other duty holders
- (Use professional advisers to ensure all relevant aspects are considered)
Competency & Resources
- Obtain evidence from potential designers and principal contractors regarding previous experience
- Conduct face to face meetings with designers and principal contractors to discuss previous experience with similar projects
- Take up external references
- Fully assess competence and resources related to the proposed project
Planning Supervisor
- Meet with the Planning Supervisor to discuss appointment of potential designers and principal contractors
- Planning Supervisor to conduct Health & Safety Risk Review meeting with design team (to be repeated for each stage of the work)
- Ensure Hazard Elimination & Management Lists are prepared along with Residual Hazards List
Designers & Contractors
- Obtain information from designers for the Planning Supervisor to complete the Pre-Construction Health & Safety Plan (and subsequently the Health & Safety File)
- Ensure adequate Design/Planning Meetings are scheduled for designers and contractors to identify and resolve adverse design features
Pre-Construction Health & Safety Plan
- Prepare draft Pre-Construction Health & Safety Plan, ensuring it reflects client duties and fully satisfies legislative requirements
- Ensure the Plan encompasses all project health and safety risks and is comprehensible by all parties
- Issue draft Plan 2 to 3 weeks before ‘Tender’ documents are issued
- Arrange central storage of Plan to be readily accessible to all duty holders
- (Ensure draft Plan is regularly reviewed/revised with new issues posted to all interested parties)
Construction Phase Health & Safety Plan
- From the Principal Contractor, obtain the Construction Phase Health & Safety Plan and review with the Planning Supervisor
- Ensure the Construction Phase Plan gives full consideration to the health and safety risks identified in the Pre-Construction Health & Safety Plan
- Conduct meeting with the Principal Contractor to discuss Construction Phase Plan and ensure appropriate revisions are made to achieve compliance
- (Ensure review is conducted in sufficient time before scheduled start date for construction)
Health & Safety File
- Start development of draft Health & Safety File within 1 week of appointing the Planning Supervisor, ensuring it reflects client requirements, (following discussion with the Planning Supervisor)
- Ensure all duty holders are informed of their responsibilities and deadlines
- Arrange central storage of draft File to be readily accessible to all duty holders
- (Ensure File is regularly reviewed/revised with new issues posted to all interested parties)
See edpFRAMEWORK for a broader perspective on Managing Health & Safety
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CASE LAW |
When thinking about health and safety it is easy to adopt a rather blinkered view that we are only responsible for employees, or perhaps that is extended in our thinking to include members of the public who are affected by our activities.
However, one particularly vulnerable group we need to constantly take into consideration is children. When protecting them against dangers in the workplace, we need also to protect them against their own lack of experience and sense of danger, particularly as they often view the workplace as a desirable play area.
This concern has been highlighted by two cases that were recently brought to court.
The first case concerned a 7-year old boy who was allowed by his father (who was the director for health and safety at the time) to “run amok” on the factory floor of a shop-fitting firm. This was despite the fact that the boy’s father and the company’s management had been warned of the dangers on a previous occasion by the HSE. An employee was injured as a result of being distracted by the boy’s activity, though the boy himself was unhurt. In the event, the firm was fined £10,000 with an additional £11,800 in costs.
The second case was much more tragic when an 8-year old girl electrocuted herself on a live rail when she ran onto a railway track to retrieve a ball. In this case the fault was with line-side fencing that was not properly maintained or inspected by Jarvis (the maintenance firm). Jarvis was fined £200,000 with additional costs of £40,000. In addition, Network Rail was fined £85,000 with costs of £20,000.
Children may not be aware of the dangers around them, which makes it all the more important that firms think ahead of the potential hazards for children and implement adequate measures for their protection.
You can view details of these two cases at:
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David Skews, (CEO)
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EDP Health Safety & Environment Consultants Ltd
Lakeside, Alexandra Park, Prescot Road, St. Helens, Merseyside, UK
Telephone: +44(0)1744 766000
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