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22

Construction

This is an excerpt from the TUC book "Hazards at Work: Organising for safe and healthy workplaces", the best-selling guide to health and safety at work. To buy a copy order here (if you are a safety representative on a TUC training course please speak to your tutor about getting a discounted copy)

BASIC FACTS ABOUT CONSTRUCTION

The construction industry is hugely diverse. It covers a multiplicity of activities from domestic extensions, through refurbishment and development of brownfield sites, to major infrastructure projects. It also includes those involved in the maintenance of buildings, roads, railways and other structures. Businesses range from multinationals to one-person enterprises. More than 2.2 million people work in the industry, including manual labourers, skilled tradespersons, managers, engineers and various professionals. Contracting relationships may be casual, occasional or long-term partnering.

This varied employment picture is one reason why the industry has huge health and safety management and performance problems. UK building sites are big danger zones for workers. In an average year, construction workers are approximately six times more likely to be killed at work than most other workers. In the last 25 years, 2,800 people have been killed on construction sites or as a result of construction activities. Each year it tops the work fatalities list, accounting for more than a quarter of all workplace deaths.

The shocking number of deaths each year – between one and two per week – does not include the thousands more who suffer severe injuries or end their working lives in pain caused by chronic back injuries and other musculo-skeletal disorders, asbestos-related diseases, respiratory or dermatological problems and other work-related health problems.

Revitalising health and safety

Despite industry commitments to reduce the unacceptable level of fatalities in construction, little progress has been made. There were 72 fatalities in 2007/08. In December 2008 the Government formally launched an inquiry into construction fatalities. Chaired by a former head of ACAS, the Inquiry was set up following dedicated lobbying from construction unions and others over the persistently high number of deaths in the construction industry. It is expected to report by the end of June 2009. Construction union UCATT is also urging the inquiry to examine how issues such as bogus self-employment, casualisation, gangmasters and blacklisting affect site safety.

In April 2009, following a sustained campaign resulting from a number of high profile tower crane collapses in which eleven people were killed, the Secretary of State for Work and Pensions announced the creation of a statutory register for tower cranes. This register will include details of the crane’s age, location and ownership. There will be additional consultation to establish what other information should be recorded. The statutory register will be established by April 2010. Trade unions continue to campaign for the introduction of an MOT test for all cranes over 10 years old, and for a specific qualification for crane erectors.

 

LEGAL AND OTHER STANDARDS FOR PREVENTION AND CONTROL

A considerable number of laws and regulations of general application apply to construction. Duties can be found in the following chapters of Hazards at Work:

  • SRSC Regulations 1977 – Chapter 3, with reference to safety representatives’ rights and
    consultation
  • Health and Safety at Work etc. Act 1974 – Chapter 12
  • Management of Health and Safety at Work Regulations 1999 – Chapter 13
  • Control of Asbestos Regulations 2006 – Chapter 17
  • Control of Substances Hazardous to Health Regulations 2002 – Chapter 21
  • Electricity at Work Regulations 1989 – Chapter 27
  • Manual Handling Operations Regulations 1992 – Chapter 32
  • Control of Noise at Work Regulations 2005 – Chapter 34
  • Vibration at Work Regulations 2005 – Chapter 34
  • Personal Protective Equipment at Work Regulations 1992 – Chapter 36
  • Work at Height Regulations 2005 – Chapter 37
  • Provision and Use of Work Equipment Regulations 1998 – Chapter 43
  • Lifting Operations and Lifting Equipment Regulations 1998 – Chapter 43
  • Workplace (Health, Safety and Welfare) Regulations 1992 – Chapter 45
  • The Health and Safety (First-Aid) Regulations 1981 – Chapter 50

Some laws that relate closely to construction are summarised below. Work in confined spaces relates to wider industries and workplaces than just construction, but a summary of the law is included in this chapter for convenience.

THE CONSTRUCTION (DESIGN AND MANAGEMENT) REGULATIONS 2007

The Construction (Design and Management) Regulations 2007 (CDM 2007) came into force on 6 April 2007. The new CDM Regulations revise and bring together the previous CDM 1994 and
the Construction (Health Safety and Welfare) (CHSW) Regulations 1996 into a single regulatory package. CDM 2007 is supported by an Approved Code of Practice (ACoP) and industry approved guidance. It is beyond the scope of this book to reproduce all the main requirements of CDM 2007. For the full text of CDM 2007, go to the Office of Public Sector Information web page at www.opsi.gov.uk/si/si2007/20070320.htm In addition, the Construction (Design and Management) Regulations 2007 Approved Code of Practice (L144) provides practical guidance on complying with the duties set out in the Regulations. A very brief summary of some of the main requirements are listed below.

The key aim of CDM 2007 is to integrate health and safety into the management of the project and to encourage everyone involved to work together to:

  • improve the planning and management of projects
  • identify risks early on, and
  • target effort where it can do the most good in terms of health and safety

These Regulations are intended to focus planning and management throughout construction projects, from design concept onwards. Health and safety considerations should be treated as an essential, but normal part of a project’s development – not an afterthought or bolt-on extra.

Parts 2 and 3: CDM 2007

Parts 2 and 3 of CDM 2007 set out duties in respect of the planning, management and monitoring of health, safety and welfare in construction projects and of the co-ordination of the performance of these duties by dutyholders. Duties applicable to all projects, including duties of clients, designers and contractors, are set out in Part 2. These include a duty on every person working under the control of another to report anything that he is aware is likely to endanger health or safety (Regulation 5(2)).

Part 3 imposes additional duties on clients, designers and contractors (Regulations 14 to 19) where the project is notifiable, defined as likely to involve more than 30 days or 500 person days of construction work (Regulation 2(3)). These include the duty of the client to appoint a CDM coordinator and a principal contractor (Regulation 14), whose particular duties are then set out (Regulations 20 to 24).

The changes which Parts 2 and 3 make in comparison with the Construction (Design and Management) Regulations 1994 include the following:

  • All dutyholders under the Regulations are to cooperate with any other person at work on the same or any adjoining site in enabling one another to perform their duties (Regulation 5)
  • All dutyholders under the Regulations are to coordinate their activities to ensure so far as is reasonably practicable the health and safety of persons carrying out or affected by the
    construction work (Regulation 6)
  • All dutyholders under the Regulations are to take account of the general principles of prevention in Schedule 1 to the Management of Health and Safety at Work Regulations 1999 in the performance of their duties and in the carrying out of the construction work (Regulation 7).
  • The client is under a duty to take reasonable steps to ensure that arrangements for managing the project that are suitable to ensure that construction work can be carried out so far as is reasonably practicable without risk to health and safety are made and maintained by dutyholders (Regulation 9)
  • The threshold for notification of a construction project is now also the point at which duties including the making of appointments by the client and the duties of the persons so appointed arise (Regulations 14 to 24)
  • The former appointment of a planning supervisor is now replaced by that of the CDM co-ordinator with enhanced duties, in particular in relation to assisting the client and to the co-ordination of health and safety measures (Regulations 20 and 21)
  • The former duty of the planning supervisor to prepare a health and safety plan has been replaced by that of the principal contractor to prepare a construction phase plan (Regulation 23)

Part 4: CDM 2007

Part 4 sets out duties applicable to all contractors or to others controlling the way in which construction work is carried out (Regulation 25(1) and (2)) in respect of measures to be taken to ensure specified aspects of health and safety and to prevent danger from a number of specified hazards. These include:

  • suitable and sufficient safe access to and egress from every place of work and to and from every other place provided for the use of any person while at work, which access and egress to be properly maintained (Regulation 26)
  • every part of a construction site to be kept in good order and every part of a construction site which is used as a place of work to be kept in a reasonable state of cleanliness (Regulation 27)
  • steps to be taken where necessary to prevent danger to any person, to ensure that any new or existing structure or any part of such structure which may become unstable or in a temporary state of weakness or instability due to the carrying out of construction work does not collapse (Regulation 28)
  • the demolition or dismantling of a structure, or part of a structure, shall be planned and carried out in such a manner as to prevent danger or to reduce danger to a low level (Regulation 29)
  • explosives to be stored, transported and used safely and securely (Regulation 30)
  • steps to be taken to prevent danger to any person from excavations (Regulation 31)
  • every cofferdam or caisson to be of suitable design and construction; appropriately equipped so that workers can gain shelter or escape if water or materials enter it; and properly maintained (Regulation 32)
  • preparation of reports of inspections in relation to Regulations 31 and 32 (Regulation 33)
  • energy distribution installations to be suitably located, checked and clearly indicated Regulation 34)
  • where in the course of construction work any person is liable to fall into water or other liquid with a risk of drowning, suitable and sufficient steps shall be taken to prevent such a person from falling; to minimise the risk of drowning in the event of such a fall; and to ensure that suitable rescue equipment is provided, maintained and, when necessary, used so that such person may be promptly rescued in the event of such a fall (Regulation 35)
  • every construction site to be organised in such away that pedestrians and vehicles can move safely and without risks to health (Regulation 36)
  • suitable and sufficient steps to be taken to prevent or control the unintended movement of any vehicle (Regulation 37)
  • suitable and sufficient steps to be taken to prevent the risk of injury to any person during the carrying out of construction work arising from fire or explosion; flooding; or any substance liable to cause asphyxiation (Regulation 38)
  • preparation and implementation of suitable and sufficient arrangements for dealing with any foreseeable emergency, including procedures for necessary evacuation of the site or any part of the site (Regulation 39)
  • provision of a sufficient number of suitable emergency routes and exits to enable any person to reach a place of safety quickly in the event of danger (Regulation 40)
  • provision of suitable and sufficient fire-fighting equipment; and fire detection and alarm systems; which shall be suitably located (Regulation 41)
  • suitable and sufficient steps to be taken to ensure that every place of work has sufficient fresh or purified air to ensure that the place or approach is safe and without risks to health (Regulation 42)
  • suitable and sufficient steps to be taken to ensure that during working hours the temperature at any place of work indoors is reasonable having regard to the purpose for which that place is used. Every place of work outdoors to be so arranged that having regard to the purpose for which that place is used and any protective clothing or work equipment provided for the use of any person at work there, it provides protection from adverse weather (Regulation 43)
  • every place of work, approach and every traffic route to be provided with suitable and sufficient lighting (Regulation 44)

Schedule 2 of CDM 2007

Schedule 2 of CDM 2007 specifies the requirements for welfare facilities that are the responsibility of clients (Regulation 9 (1) (b)), principal contractor (Regulation 22 (1) (c)) and contractors (Regulation 13 (7)). The requirements for welfare facilities include:

  • suitable and sufficient sanitary conveniences
  • suitable and sufficient washing facilities, including showers if required by the nature of the work or for health reasons
  • an adequate supply of wholesome drinking water
  • suitable and sufficient rest rooms or rest areas (For detailed guidance about responsibilities under the CDM Regulations 2007 go to the HSE website at: www.hse.gov.uk/construction/cdm.htm

 

CONSTRUCTION (HEAD PROTECTION) REGULATIONS 1989

Regulation I defines what is meant by “suitable” head protection – it is that which:

  • is designed to provide protection so far as is reasonably practicable against a foreseeable risk of head injury
  • fits the wearer, after suitable adjustment
  • is suitable for the activity in which the wearermay be engaged

Regulation 3 states that each employer must provide suitable head protection for each employee, and must ensure that it is properly maintained and replaced whenever necessary. Head protection provided must comply with European legislation implementing provisions on design or manufacture. Before choosing head protection, an employer or self-employed person must make an assessment to determine whether it is suitable, covering:

  • the definition of the characteristics which head protection must have in order to be suitable
  • comparison of the protection available with the above characteristics

The assessment must be reviewed if:

  • there is reason to suspect it is no longer valid or
  • there has been a significant change in the work to which it relates

Every employer and self-employed person must ensure that appropriate accommodation is available for head protection when it is not being used.

Regulation 4 states that every employer is to ensure, so far as is reasonably practicable, that each employee wears suitable head protection, unless there is no foreseeable risk of injury to the
head other than by falling. Every person, employer, employee or self-employed person who has control over someone else is also responsible for seeing that the head protection is worn where there is a foreseeable risk of injury (except from falling).

Regulations 6 and 7 provide that every employee or self-employed person who is required to wear suitable head protection:

  • shall make full and proper use of it
  • takes all reasonable steps to return it to the accommodation provided for it after use
  • takes reasonable care of it, and reports loss or damage to their employer without delay

 

 

THE CONFINED SPACES REGULATIONS 1997

The Confined Spaces Regulations 1997 apply to a wide range of industries in the UK including construction.

A confined space can be any space of an enclosed nature where there is a risk of death or serious injury from hazardous substances or dangerous conditions (for example, lack of oxygen). Some places only become ‘confined spaces’ when work is carried out, or during construction, maintenance or modification.

Dangers can arise because of:

  • a lack of oxygen
  • poisonous fumes, gas or vapour
  • liquids and solids which can suddenly fill the space or release gases into it
  • fire and explosions
  • residues in tanks or vessels or which impregnateinternal surfaces
  • dust
  • heat

If the risk assessment shows a risk of injury from work in confined spaces, then the following key
duties are identified:

  • avoid entry to confined spaces, for example, bydoing the work from outside
  • if entry to a confined space is unavoidable, a safe system of work should be followed
  • adequate emergency arrangements should be put in place before work starts

 


HSE guidance on work in confined spaces

The HSE guidance note Safe Work in Confined Spaces (INDG258) suggests that the following steps should be taken:

Avoiding entry

A check should be made to see if the work can be done in another way so that entry or work in confined spaces is avoided. Better work-planning or a different approach can reduce the need for confined space working. Could:

  • the confined space be modified so that entry is not necessary?
  • the work be done from outside?

Safe systems of work

If entry into a confined space cannot be avoided, then a safe system of work must be instituted. The risk assessment will help to identify the necessary precautions. Some of the essential elements include:

  • appointment of a supervisor
  • selection of suitable persons for the work
  • physical isolation of pipe-work, etc. if gas fumes or vapour could enter
  • cleaning before entry to ensure that fumes do not develop from residues
  • checking the size of the entry to allow workers wearing all the necessary equipment to climb in and out easily
  • provision of ventilation
  • testing the air to ensure it is free from toxic and flammable vapours
  • provision of special tools and specially protected lighting where flammable or potentially explosive atmospheres are likely
  • provision of breathing apparatus where the air
    inside the space cannot be made fit to breathe
  • preparation of emergency arrangements
  • provision of rescue harnesses
  • provision of an adequate communications system
  • ensuring that someone can raise the alarm if a problem arises
  • consideration of a permit to work

Emergency procedures

Effective arrangements for raising the alarm and carrying out rescue operations are essential. These may include:

  • emergency communications from inside the confined space
  • provision of rescue and resuscitation equipment
  • rescuers who are properly trained, fit, available and capable of using emergency equipment

The full HSE text of Safe Work in Confined Spaces (INDG258) can be found at www.hse.gov.uk/pubns/indg258.pdf

WHAT CAN SAFETY REPRESENTATIVES DO?

Safety representatives can check that their employer is observing their responsibilities under the:

  • Construction (Design and Management) Regulations 2007
  • Confined Spaces Regulations 1997, Work at Height Regulations 2005 and other relevant Regulations

Keep the workforce informed and involved

Safety representatives can keep the workforce informed and involved by:

  • discussing whether management plans and procedures are adequate
  • providing an opportunity for workers to express/register their concerns – by holding meetings, conducting surveys and using body mapping and risk mapping techniques
  • inspecting the workplace regularly
  • encouraging workers to report problems to management and safety representatives

Safety representatives should report their concerns and those of their members to management in writing. Use Chapter 7 above for ideas on how you can make sure that management gets things done.

Risk management

Safety representatives should urge their employer tofully implement the Construction (Design and Management) Regulations 2007 and prepare and implement a plan to manage the risks. Safety representatives should:

  • be consulted by management
  • monitor how management is following its plan
  • keep the workforce informed of progress

Risk assessments

Safety representatives should ask for copies of the risk assessments that the employer has done to ensure that they are preventing and controlling the hazards, and make sure that their employer is fully consulting them. Where control measures are in place then safety representatives should check that they are being adhered to and maintained and also that they are effective in preventing injuries and ill health.

Training and information

Safety representatives should check that where there is any potential risk, their employer has given all their workforce appropriate training and information.

There are many migrant workers working in the construction industry where communications and information about health and safety is a serious issue. One of the unions representing construction workers has been taking steps to tackle this in partnership with local Further Education Colleges.

The full HSE guide Working Together: Guidance on Health and Safety for Contractors and Suppliers (INDG268) is available on the HSE website

Checklist

Download the Construction Checklist (PDF)

 

FURTHER INFORMATION (in alphabetical order)

Construction Industry Training Board

Construction Skills Certification Scheme

Hazards magazine factsheets (see Section 6.2 for contact details)

  • No. 9: Scaffolding Safety Checklist
  • No. 4: Construction Health Hazards
    £1.50 each for union subscribers, £6 for non-subscribers

Hazards magazine website

Excellent news and resources on the Hazards web resource page

HSE CDM 2007 website

The HSE has a specific web page which draws together HSE information on CDM 2007 in one place

HSE construction website

The HSE has a specific web page which draws together HSE information on construction in one place

HSE falls from height website

The HSE has a specific web page which draws together HSE information on falls from height in one place.

HSE priced and free publications on construction

  • For all the latest documents containing general standards and guidance on construction, go to the HSE web page
  • Alternatively, obtain a free copy of the latest HSE Books catalogue, CAT 34, by telephoning 01787 881165

London Hazards Centre (see Section 6.2 for contact details)

  • The Daily Hazard frequently contains articles about construction

Office of Public Sector Information

Website with the new Construction (Design and Management) Regulations 2007

Simon Jones Memorial Campaign

www.simonjones.org.uk/

TUC (see Section 6.1 for contact details)

Trade union information

  • Many unions provide guidance on construction hazards. The website addresses of all trade unions are on the TUC website. Hazards magazine has listed the health and safety pages of most trade unions.
  • Contact your union or visit your union’s website to find out if it produces any guidance. For example, UCATT produces a variety of resources relevant to construction work and the Unite has produced a variety of leaflets, such as Concrete Burns, Asbestos and MDF – What is it? The NUT produces a leaflet Safety During Construction Work in Schools


Copyright © Trades Union Congress 2009

 

 

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