Heath, Safety and Risk Management in Construction By Dave Allen and Paul Whitehead – licensed under the Creative Commons Attribution – Non-Commercial – Share Alike License

Introduction to Health, Safety and Risk Management in Construction Section 3: The structure of UK Law with regards to Health & Safety

Sources of UK Law Common Law 11 th century law courts Developed to apply common systems of law Judicial precedence Criminal law, Contract law, Law of probate, Employment law, Law of Tort (civil wrong) - negligence Civil Law Compensation Sue Indv. Vs Individual Can insure – public liability County or high courts Burden of proof ‘balance of probability’ Statute of limitations Act applies Statute Law Laid down by Parliament Best course of action for society – protect everyone Acts, regulations or SI’s Takes precedence over common Criminal Law To punish State Vs individual/company Magistrates or crown court Fine or jail Burden of proof ‘beyond reasonable doubt’ No statute of limitations Murder, manslaughter, rape DDA, RRA, SDA, OLA

Common Law Torts for H&S (negligence) There have been several important judgments that have defined the legal meaning of negligence (see notes). Three criteria need to be established: A duty of care was owed There was a breach of that duty The breach resulted in a loss If an employer is unable to defend the three criteria two other partial defences available: Volenti non fit injura Contributory negligence

Statute Law Acts e.g. HSWA 1974, Highways Act Regulations (Statutory Instruments) e.g. MHSWR 1999 Other Supporting documents Approved codes of practice (ACOP) Health & Safety Regulation booklets (HSR) Health & Safety Legal booklets (L series) Health & safety guidance booklets (HSG) British and European standards (BS EN) HSE Miscellaneous guidance General Series (GS)

Statute Law Health & Safety at Work etc Act 1974 Applies to all work Forms the basis of UK health and safety law Enabling Act Based on recommendations of Robens report Brought in culture change from reactive to proactive Principle objectives to ensure high standards of health & safety Outlines general duties on employers, landlords, tenants, employees and suppliers. Outlines procedures for producing regulations and ACOPs Lays down enforcing powers of inspectors etc.

Statute Law The Management of Health & Safety at Work Regulations 1999 Apply to all employment Supplement the requirements of HSWA 1974 Specify a range of management issues e.g. planning, organisation, control, monitoring and review of safety measures The ‘bible’ for risk assessment Requirement to undertake ‘suitable and sufficient’ risk assessments for employees and other people who may be affected by the organisation Major responsibility with employer and recognises employee has a major contribution to make.

CDM 2007 L144 Managing health and safety in construction L144 Managing health and safety in construction Construction (Design and Management) Regulations 2007 Are a management protocol for construction projects. It: places responsibilities for safety on all those involved applies to construction work The aims of CDM are to: 1.Integrate health & safety into the management of a project and encourage working together to improve planning and management from the very start, 2.Identify hazards and eliminate or reduce at design/planning stage 3.Target efforts where it can do the most good for H & S 4.Discourage unnecessary bureaucracy

CDM 2007 – Structure The regulations are in 5 parts: Part 1 - Interpretation and application Part 2 - General management duties applicable to all construction projects including those which are non-notifiable Part 3 - Additional management duties applying to notifiable projects Part 4 - covers physical safe guards which need to be provided to prevent danger and applies to all construction work Part 5 - Covers transitional arrangements, amendments and revocations of other legislation

CDM 2007 Is the project notifiable? If so then a Form F10(rev) is completedForm F10(rev)

CDM 2007 – Non-notifiable projects Not a formal requirement to appoint CDM Coordinator, Principal Contractor or produce a construction phase plan Do require cooperation and coordination Vital that workers understand the risk involved Approach proportionate to risks for high risk activities e.g. – structural alterations – deep excavations in unstable / contaminated ground – heavy complex lifting operations Something closer to a plan may be required Note: for all demolition Regulation 29 requires a written plan showing how danger will be prevented

CDM 2007 – Roles These regulations identify five key parties namely: Client Designer CDM Coordinator Principal Contractor Contractors To assist with interpretation of the regulations the ACOP has summarised the roles and responsibilities of the parties

CDM 2007 All construction projects (part 2 of the regulations) Additional duties for notifiable projects (Part 3 of the regulations) Designers  Eliminate hazards and reduce risks during design  Provide information about remaining risks  Check client is aware of duties and CDM Co- ordinator has been appointed  Provide any information needed for the health and safety file Table summarising the Designers responsibilities under CDM 2007

CDM 2007 The ACOP also identifies three key documents to be produced to manage health, safety and welfare during the project. These are the: Pre-construction information Construction phase plan Health and safety file

RIDDOR 95 The regulations require reporting of: Deaths Major Injuries including: – Fractures other than fingers thumbs or toes. – Dislocation – Loss of Sight even temporary – Injuries resulting from electric shock or electrical burn leading to unconsciousness or requiring resuscitation. Over three day injuries – unable to work for more than three consecutive days Injuries to members of the public or people not at work were they are taken from the scene of an accident to hospital Some work related diseases e.g. Leptospirois and vibration white finger Dangerous occurrences – something that happens that does not result in injury but could have e.g. Flammable gas incidents and dangerous gas fittings

Other regulations which may be applicable Work at Height Regulations 2005 Provision and Use of Work Equipment Regulations 1998 Control of Substances Hazardous to Health Regulations 2002 Lifting Operations and Lifting Equipment Regulations 1998 Manual Handling Operation Regulations 2002 The Construction (head protection) Regulations 1989 The Control of Noise at Work Regulations 2005 The Control of Asbestos Regulations 2006 Confined Spaces Regulations 1997

Other guidance which may be applicable HSG 32 Safety in falsework for in-situ beams and slabs HSG 33 Health and safety in roof work HSG 47 Avoiding danger from underground services HSG 144 Safe use of vehicles on construction sites HSG 149 Backs for the future. Safe manual handling in construction HSG 150 Health and safety in construction HSG 168 Fire safety in construction work L102 A guide to Construction (Head protection) regulations 1989 BS 5973 Code of practice for access and working scaffolds and special scaffold structures in steel GS29 Health and Safety in demolition BS 6187 Code of practice – demolition BS 6031 Code of practice for earthworks

Levels of Statutory Duty Absolute duty - ‘you must’ ‘you shall’ Practicable - technically or feasibly possible then it must be done. Reasonably practicable - if the risk is very small compared to cost, time effort to reduce the risk then no action is necessary note: money, time and trouble must grossly outweigh not balance risk HSWA 1974 c.37 Part 1, Section 2, General Duties (1) HSWA 1974 c.37 Part 1, Section 2, General Duties (1) ‘It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees’ The CDM Regulations 2007, PART 3, Regulation 21 Notification of a project (1) The CDM Regulations 2007, PART 3, Regulation 21 Notification of a project (1) ‘The CDM co-ordinator shall as soon as is practicable after his appointment ensure that notice is given to the Executive containing such of the particulars specified in Schedule 1 as are available.’