Showing posts with label Construction Law and Management. Show all posts
Showing posts with label Construction Law and Management. Show all posts

Thursday 22 December 2011

The contents of the health and safety file



1.       When compiling the Health and Safety file, consideration should be given to including information about each of the following where they are relevant to the health and safety of any future construction work. The level of detail should allow the likely risks to be identified and addressed by those carrying out the work:


·         a brief description of the work carried out;

·         any residual hazards which remain and how they have been dealt with (e.g. surveys or other information concerning asbestos; contaminated land; water bearing strata; buried services etc.);

·         key structural principles (e.g. bracing, sources of substantial stored energy, including pre- or post-tensioned members) and safe working loads for floors and roofs, particularly where these may preclude placing scaffolding or heavy machinery there;

·         hazardous materials used (e.g. lead paint; pesticides; special coatings which should not be burnt off etc.);

·         information regarding the removal or dismantling of installed plant and equipment (e.g. any special arrangements for lifting, order or other special instructions for dismantling etc.);

·         health and safety information about equipment provided for cleaning or maintaining the structure;

·         the nature, location and markings of significant services, including underground cables; gas supply equipment; fire-fighting services etc.;

·         information and as-built drawings of the structure, its plant and equipment (e.g. the means of safe access to and from service voids, fire doors and compartmentalisation etc.).



2.       The file does not need to include things that will be of no help when planning future construction work, for example:


·         the pre-construction information, or construction phase health and safety plan;

·         construction phase risk assessments, written systems of work and COSHH assessments;

·         details about the normal operation of the completed structure;

·         construction phase accident statistics;

·         details of all the contractors and designers involved in the project (though it may be useful to include details of the principal contractor and planning supervisor);

·         contractual documents;

·         information about structures, or parts of structures, that have been demolished unless there are any implications for remaining or future structures, e.g. voids;

·         information contained in other documents, but relevant cross-references should be included.


3.       Some of the above items may be useful to the client for later work, or may be needed for purposes other than complying with the CDM regulations, but CDM (2007) does not require them to be included in the file. Including too much material may hide crucial information about risks.


The file does not need to include things that will be of no help when planning future construction work, for example:


·         the pre-construction information, or construction phase plan;

·         construction phase risk assessments, written systems of work and COSHH assessments;

·         details about the normal operation of the completed structure;

·         construction phase accident statistics;

·         details of all the Contractors and Designers involved in the project (though it may be useful to include details of the Principal Contractor and CDM co-ordinator);

·         contractual documents, F10 etc;

·         information about structures, or parts of structures, that have been demolished - unless there are any implications for remaining or future structures, for example voids;

·         information contained in other documents, but relevant cross-references should be included.



The Client’s duty in relation to the health and safety file - Regulation 17


·         The Client shall ensure that the CDM co-ordinator is provided with all the health and safety information in the Client’s possession (or which is reasonably obtainable) relating to the project which is likely to be needed for inclusion in the health and safety file, including information specified in regulation 4(9)(c) of the Control of Asbestos Regulations 2006(a).


·         Where a single health and safety file relates to more than one project, site or structure, or where it includes other related information, the Client shall ensure that the information relating to each site or structure can be easily identified.


·         The Client shall take reasonable steps to ensure that after the construction phase the information in the health and safety file


(1)     is kept available for inspection by any person who may need it to comply with the relevant statutory provisions;

(2)     and is revised as often as may be appropriate to incorporate any relevant new information.


·         It shall be sufficient compliance with paragraph (3)(a) by a Client who disposes of his entire interest in the structure if he delivers the health and safety file to the person who acquires his interest in it and ensures that he is aware of the nature and purpose of the file.

Saturday 29 March 2008

ESSENTIAL BASICS

Passing Nebosh

Simply put these are things that you will know off by heart after the course and as such I think are a good tool to learn before you start the course or to test yourself on while your taking the course.


RISK: The likelihood that the hazard will cause harm in the particular circumstances.
HAZARD: Anything with the potential to cause harm.
ACCIDENT: Unplanned event leading to loss, damage or harm.
PRACTICABLE: Capable of being carried out or feasible (given current technology/knowledge)
REASONABLY PRACTICABLE: Where it is technically possible without incurring excessive costs.
ABSOLUTE DUTY: Must comply with.
HIERARCHY OF CONTROL: A list of measures designed to control risks which are considered in order of importance, effectiveness and priority.
NOISE: Unwanted sound.

HEALTH AND SAFETY AT WORK ACT 1974 GENERAL DUTIES:

Section 2.1: It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health and safety and welfare at work of all his employees.

Section 2.2a: Provision and maintenance of safe plant and equipment and a safe system of work.
Section 2.2b: Safe arrangements and absence of risks to health for storage, transport, handling and use of articles and substances.
Section 2.2c: Provision of information, instruction, training and supervision.
Section 2.2d: Provision and maintenance of a safe workplace including a safe means of access and egress.
Section 2.2e: Provision and maintenance of a safe working environment and adequate welfare facilities.

Section 2.3: Policy. To provide a written statement of a safety policy where there are 5 or more employee's

Section 2.4/6/7: Access and Consultation with safety representatives.

Section 2.7: Establish a safety committee if requested in writing by at least 2 safety representatives.

Section 3: Employers/Self employed duties to others.
Section 3.1: To protect non employees from their undertakings
Section 3.2: To conduct their activities without introducing risk.
Section 3.3: To provide information

Section 4: Duties of controllers of premises to non-employees, including safe access and egress.

Section 6: Duties of manufacturers, suppliers, designers, importers etc. To ensure all articles and substances are safe and without risk when used at work.

Section 7: General duties of employees:
Section 7a: To take reasonable care for the health and safety of himself and others who may be affected by his acts or omissions at work.
Section 7b: To co-operate with his employer and comply with any requirement or duty imposed under a relevant statutory provision.

Section 8: Misuse. Places a duty on everyone not to intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety and welfare.

Section 9: Charges. Provides that an employer may not charge his employees for anything done, or equipment provided for health and safety purposes under a relevant statutory provision.

Section 20: Powers of HSE inspectors. They may enter the premises at any time; if necessary take a constable along. Take any authorised person or equipment required. Direct the premises to be left undisturbed while they examine and investigate. Take measurements, photographs and recordings. Seize, destroy or render harmless.

Section 37: Prosecution of Managers/Directors

Section 40: Places the onus on the defendant to prove that all reasonably practicable measures were taken. Any employer who is accused by an inspector or non-compliance under HSWA 1974 is guilty unless they prove otherwise.


BREACHES OF HSWA CAN LEAD TO:

CRIMINAL LAW: State v Individual
Source of Law = statute law & legislation
Burden of proof = Beyond all reasonable doubt
Remedy sought = Punishment of Guilty
Instigator = HSE / EHO / CPS (crown prosecution service)
1 Magistrates Court: Summary convictions (petty crimes) maximum penalties of £20'000 / 6 months in Jail.
2 Crown Court: Tried on Indictment (serious crimes) maximum penalties Unlimited fines / 2yrs in Jail
3 Court of appeal
4 House of Lords
5 European Courts

STATUTE LAW: is the written law of the land and consists of Acts of Parliament and the rules, regulations or orders made within the parameters of the acts.

CIVIL LAW: Individual v individual/company
Source of Law = Common law
Burden of proof = Balance of probabilities
Remedy sought = Compensation for injury or loss
Instigator = Aggrieved person
1 Small claims court
2 County Court: compensation up to £50'000
3 High Court: compensation from £50'000 to Unlimited
4 Court of appeal
5 House of Lords
6 European Courts

COMMON LAW: has evolved over hundreds of years as a result of the decisions of courts and judges - Set by precedence.

VICARIOUS LIABILITY: To sue the employer for the employees wrong doing.

NEGLIGENCE: is a common law tort (the law of civil wrongs.)
Test for negligence: That a duty of care was owed, that there was a breach of that duty and that the breach led directly to the harm.
Defences for negligence: Denial, Causation (damage not caused by the breach) Contributory negligence, Volenti non fit injurie (employee knowingly accepted the risk) Time limit, must be within 3years.

ACTS OF PARLIAMENT AND REGULATIONS: these are legally binding and give details to act on and exemptions.
ACOPs: (Approved Codes of Practice) – these are an accepted way to meet regulations, they are not legally binding but are quasi legal. You must provide proof of using a method as suiteable or better if you don't use the ACOP.
GUIDANCE NOTES: these are not legally binding and have no legal standing but are recognised as a supplement to ACOPs.

PRACTICABLE: capable of being carried out or feasible given current knowledge, finance, information etc.

REASONABLY PRACTICABLE: must be technically possible, and the risk assessed against the cost. Where cost is disproportionately high, can be deemed not to be reasonably practical.

HSE INSPECTOR POWERS: They may enter the premises at any time, if necessary take a constable along. Take any authorised person or equipment required. Direct the premises to be left undisturbed while they examine and investigate. Take measurements, photographs and recordings. Seize, destroy or render harmless. Prosecute if necessary.

THE SIX PACK REGULATIONS: The 'six-pack' is the name given to the half-dozen most widely quoted health and safety Regulations.
Management of Health and Safety at Work Regs 1999 (MHSWR)
Workplace (Health, Safety and Welfare) Regs 1992 (WHSWR)
Health and Safety (Display Screen Equipment) Regulations 1992 (DSE Regs)
Personal Protective Equipment at Work Regulations 1992 (PPE Regs)
Manual Handling Operations Regulations 1992 (MHOR)
Provision and Use of Work Equipment Regulations 1998 (PUWER)

MANAGEMENT OF HEALTH AND SAFETY AT WORK REGS 1999
Regulation 3 Risk assessment (significant risks to be recorded)
Regulation 4 Implementation of protective or preventive measures:
1. Avoid risk
2. Evaluate risk
3. Combat risk at source
4. Adapt the work of an individual
5. Adapt to technical advances
6. Replace dangerous with non/less dangerous
7. Develop policy which influences the factors relating to working environment
8. Give collective measures priority
9. Give appropriate instructions to employees

Regulation 5: Make proper arrangements for all aspects of H&S
Regulation 6: Health surveillance (where appropriate)
Regulation 7: Appointment of competent persons
Regulation 8: Procedures to be developed for particular dangers which may arise (ie: fire)
Regulation 9: Information for employees
Regulation 10: Information to be provided to employees for:·
Identified risks·
Preventive/protective measures·
Procedures and name of nominated responsible person as required under Fire Precautions (Workplace) Regs 1997
Regulation 11: Where more than one employer, they must co-operate over H&S matters
Regulation 12: Working on other peoples premises – must provide them with info and details of risks etc.
Regulation 13: Employers to take into account employees capabilities
Regulation 14: Employees responsibilities to use tools and equipment etc safely
Regulation 16-18: New & expectant mothers
Regulation 19: Young person's

MANUAL HANDLING OPERATIONS REGULATIONS 1992
Injury Includes muscoskeletal, cuts, bruises, broken toes etc.
Transporting, lifting, supporting, pushing, pulling, carrying, loading by hand or bodily force
Size and Weight of Loads.

Regulation 4: Requires employers to avoid manual handling and to undertake risk assessment
Regulation 5: Duty on employees to make full and proper use of all equipment provided

PROVISION AND USE OF WORK EQUIPMENT REGULATIONS 1998 (PUWER)
Regulation 4: Equip to be suitable
Regulation 5: Properly and effectively maintained
Regulation 6: Inspections and recording of inspections
Regulation 7: Identified specific risks
Regulation 8: Information & instruction
Regulation 9: Training
Regulation 11-20: Deal with machine guarding – basically requires all dangerous parts of any machine or piece of equipment to be effectively and properly guarded at all times
Regulation 21: Suitable and sufficient lighting
Regulation 22: Must be Safe to maintain
Regulation 23 & 24: Markings an warnings
Regulation 25 to 30: Deal with plant and plant safety

PERSONAL PROTECTIVE EQUIPMENT AT WORK REGULATIONS 1992
Regulation 4: Provision of PPE (Employers to ensure it is available and is suitable)
Regulation 5: Compatibility
Regulation 6: Assessment/Suitability – with regards to the nature of the task
Regulation 7: Properly maintained, cleaned or replaced; and that
Regulation 8: Suitable accommodation is provided
Regulation 9: Employees are provided with all necessary information, instruction and training
Regulation 10: Employees to use in accordance with training provided
Regulation 11: To report any loss or defects

THE HEALTH & SAFETY (DISPLAY SCREEN EQUIPMENT) REGS 1992
Regulation 1: Definitions (user – someone who habitually uses DSE)
Regulation 2: Risk Assessment of workstations
Regulation 3: Specific workstation requirements (ie: adjustable chairs, screens etc)
Regulation 4: Rest breaks
Regulation 5: Eyes and eye tests
Regulation 6: Training
Regulation 7: Provision of information

THE WORKPLACE (HEALTH, SAFETY AND WELFARE) REGS 1992
Regulation 5: Maintenance of the workplace
Regulation 6: Ventilation
Regulation 7: Temperature
Regulation 8: Lighting
Regulation 9: Cleanliness
Regulation 10: Room dimensions and space (11m3 per person excluding area above 3m)
Regulation 11: Workstations and seating
Regulation 12: Condition of floors and traffic routes
Regulation 13: Falls or falling objects
Regulation 14: Windows and translucent surfaces
Regulation 15: Windows, skylights and ventilators
Regulation 16: Ability to clean windows etc safely
Regulation 17: Organisation of traffic routes
Regulation 18: Doors and gates
Regulation 19: Escalators and moving walkways
Regulation 20: Sanitary conveniences
Regulation 21: Washing facilities
Regulation 22: Drinking water
Regulation 23: Accommodation for clothing
Regulation 24: Facilities for changing clothes
Regulation 25: Facilities to rest and eat meals

RISK ASSESSMENTS (5 Steps):
1. Identify Hazards
2. Identify Persons Exposed
3. Evaluate Risks & Controls
4. Record the findings
5. Review and Revise

RISK ASSESSMENT:

PEME
People Equipment Material Environment

TYPES OF HAZARDS:
Chemical
Biological
Physical
Ergonomic
Psycho-Social

MECHANICAL HAZARDS:
Crushing
Shearing
Cutting/Severing
Entanglement
Drawing In
Ejection of Material
Abrasion
Stabbing/Puncturing

MACHINE HAZARDS:

ENTICCE
Entanglement Nips Traps Impact Contact Cutting Ejection

NON-MECHANICAL HAZARDS:

Noise
Temperature
Vibration
Electricity
Radiation
Hazardous Substances
Ergonomic Factors (inc. Manual Handling)
Psycho-Social (Bullying, assault)

HAZARD PREVENTION
1. Eliminate the hazard
2. Substitution
3. Use of barriers (Isolation/segregation)
4. Procedures (SSW/Dilution)
5. Warning systems (Instruction/Training/Signs/Markings)
6. PPE

MACHINE GUARDING:
FIAT
Fixed Interlocking Automatic Trip

TYPES OF GUARDS:
Fixed
Interlocked
Control
Automatic
Distance guard
Adjustable
Self adjusting
Trip devices
Two handed devices

COSHH ASSESSMENTS:

Type of substance (Toxic/Harmful/Sensitiser/Irritant)
Chronic (prolonged exposure, long term effects)
Acute (Short term exposure, immediate effect)
Routes of entry into body (Absorbtion/ingestion/inhalation)
Concentration in relation to exposure limits
No of persons exposed (identify vulnerable persons)
Duration of exposure
Adequacy of control measures
Compliance with control measures

HIERARCHY OF CONTROL:

Elimination by design
Substitution with less hazardous substance
Automation of process
Reducing exposure by process change
Engineering controls (ie: LEV)
Minimising exposure
PPE
Monitoring/Health surveillance

PERMIT TO WORK:

Permit title
Reference No.
Job location
Plant/Task identification
Description of work and any limitations
Identified hazards
Necessary precautions
Protective equipment
Authorisation
Acceptance
Extension
Hand back/completion
Cancellation

MANUAL HANDLING:
TILE
Task Individual Load Environment

TRAINING:

IITS
Instruction Information Training Supervision

HSG65: 5 STEPS TO SUCCESSFUL SAFETY MANAGEMENT
POPIMAR


1. Policy: written statement of policy, procedures and commitment to HSW. Assigns responsibilities and explains duties etc.

2. Organising: structures to assist in:
Control
Co-operation
Communication
Co-ordination
Competence

3. Planning and Implementation: establish, operate and maintain systems that:
- Identify objectives and targets
- Set performance standards
- Consider and control risks
- Document performance
- React to change
- Sustain positive safety culture

4. Monitoring: Active and Reactive systems:
Active: Measuring achievements against specified standards before things go wrong. Ensures controls are working correctly.
Reactive: Collection of information about failures. Involves learning from mistakes.

5. Review and Audit: Ensures policy is being carried out and is having the desired effect.

5 STEPS IN DEVISING A SSW:
AIDIM
1. Assess the task
2. Identify the Hazards and assess the risks
3. Definition of the Safe Method
4. Implementation of the SSW
5. Monitoring the System

SAFETY CULTURE (KEY ELEMENTS):

Good communications between and with employees and management
Ensuring a real and visible commitment to high standards by senior management
Maintaining good training standards to achieve competence
Achievement of good working conditions

WORK EQUIPMENT

1. Suitable for the purpose
2. Installed, located and used so as to reduce the risk to operators & others
3. Substances – safe supply and/or removal
4. Maintained
5. Inspected by competent persons
6. Information, instruction and training

REPORTING OF INJURIES DISEASES and DANGEROUS OCCURANCES REGULATIONS 1995
RIDDOR

Enforcing authority: HSE or the local authorities environmental dept.
Major Injury: Any fracture (except fingers, thumbs or toes), Amputation, Eye injuries, Loss of consciences caused by asphyxia or biological agent, Acute illness requiring medical treatment. Death.
Major injuries should be reported straight away by telephone, fax or email.
Then a F2508A form should be provided within 10days.
F2508: is the approved form for reporting injuries and dangerous occurrences.

Wednesday 12 March 2008

NCC1 Section 1 Construction Law and Management part 2


Section 1 Construction Law and Management
Responsibilities
The CDM 2007 Regulations place legal responsibilities on the different groups who are involved in a construction project, some of these responsibilities have been around for some time and some are new, but what the CDM regulations try to do here is clarify both the responsibilities and the roles each party has to play on successfully managed project throughout its many phases.
Groups

  • clients
  • designers
  • CDM co-ordinators
  • principal contractor
  • contractors, including the self-employed
Client Responsibilities
  • Check competences of all appointees
  • Allow sufficient time and resources for the Project
  • Ensure there are suitable management arrangements for the project, this would include welfare facilities.
  • Provide any information that is relevant to the project at early stage
Additional responsibilities for notifiable projects,
  • Appoint a CDM Co-ordinator
  • Appoint Principle contractor
  • Provide information relating to H&S to CDM Co
  • Remain custodians but provide access to the Project Health and safety file.
Designers
  • Eliminate hazards wherever possible at the design stage
  • Provide information of any remaining risks
Additional responsibilities for notifiable projects,
  • Ensure the client is aware of his responsibilities and has appointed a CDM Co-ordinator
  • Provide information for the H&S file
CDM –Co-ordinator
  • Advise and assist the client to his duties un CDM
  • Notify the HSE
  • Co-ordinate health and safety aspects of the design and co-operate with all other parties involve with the project.
  • Become the communication route for between all parties for H&S matters
  • Ensure any pre construction information is available to all parties involved
  • Prepare and update the project health and safety file.
Principle contractor
  • Plan, manage and monitor the construction phase
  • Ensure welfare facilities are provided throughout construction phase
  • Develop and provide appropriate site rules
  • Provide any direction to contactors
  • Ensure that every contractor is informed of the mobilisation and project plan
  • Consult with other contractors regarding the construction phase plan
  • Consult with other contractors regarding the construction phase plan
  • Allow contractors sufficient time to comply with the welfare requirements, and preparation for carrying out the work without risk
  • Ensure information for the health and safety file is identified and promptly provided to the CDM Co-ordinator
  • Display the F10 Notification
    so that it can be seen by all working on the contract
  • Prevent unauthorised site access
  • Site induction should include a site specific explanation of the senior management commitment to health and safety, an outline of the project, the individual's immediate line manager and any site specific health and safety risks
Site inductions should also include
  • Site rules
  • Permit to work systems
  • Traffic routes
  • Security arrangements
  • Hearing protection zones
  • Personal protective equipment
  • Housekeeping
  • Materials storage
  • Welfare facilities
  • Emergency procedures
Contractors
  • A contractor must not carry out any construction work unless the client is aware of their duties under the regulations
  • Ensure, so far as is reasonably practicable, that they have
    reduced health and safety risks by, Planning, managing and then monitoring their work
  • Ensure that other (sub)contractors that they appoint are informed of the minimum amount of time that they will be allowed for planning and preparation before their construction work commences
  • Ensure that construction work can be carried out safely and without risk to health, contractors must provide all workers under their control with information and training, including: a suitable site induction (when not provided by the principal contractor)
  • Provide adequate welfare facilities and ensure they will be maintained for all persons under their control throughout the construction phase.
  • check clients are aware of their duties
  • satisfy themselves that they and anyone they employ or engage are competent and adequately resourced
  • plan, manage and monitor their own work
  • Ensure that workers under their control are safe from the start of their work on site
  • Ensure that any subcontractor are aware of the project plan stages and content of the H&S file
This section of the course goes on to describe competence this will be discussed in a further post.

Monday 10 March 2008

NCC1 Section 1 Construction Law and Management part 1

Section 1 Construction Law and Management

The element gives an understanding of the law and management of health and safety, by identifying the scope, definition and nature of construction work and activities, outlines the legal, moral and financial consequences of failing to manage health and safety within the construction industry.

It continues on to identify the scope and application of the CDM regulations 2007 and gives clear pointers into obtaining external sources of health and safety information.

Types of work that defined by this section are work of engineering or building, including maintenance and demolition. This can cover a wide range of activities.

Types of work

  • Building
  • Renovations
  • Maintenance
  • Civil engineering
  • Demolition
  • Engineering construction

The activities these work types cover is quite extensive and include

  • Site clearance
  • Demolition
  • Decoration
  • Excavation
  • Fabrication
  • Cleaning
  • Loading, Unloading and storage of materials

This list is by no means complete and only serves to highlight some of the construction activities the CDM 2007 cover.

Domestic Activities are no longer covered by the CDM regulations, all other project are, and in the case of the project exceeding 500 man days or a 30 day construction period these are now required to be notified to the HSE by completion of form F10.

The scope and application of the 2007 CDM regulations places certain responsibilities on groups who control construction activities.

These are namely, client, designer, principle contractor and contractor

Responsibilities

Client

  • Check the competences and resources of all engaged resources
  • Ensure suitable project management strategies and arrangements including welfare facilities.
  • Allow sufficient time and resources
  • Provide any necessary information to designers and contractors

Additional Client responsibilities under notifiable projects.

  • Appoint CDM Coordinator
  • Appoint Principle contractor

ensure the construction starts only when there are adequate

  • Welfare facilities
  • Construction phase plan in place


Designers

  • Eliminate hazards and reduce risks during design
  • Provide information on any remaining identified risks

Under notifiable projects the additional duties of a designer are

  • Check if the client of his duties and a CDM coordinator appointed.
  • Provide information for the health and safety file


To be cont............