Construction (Health, Safety and Welfare) Regulations (Northern Ireland) 1996

Explanatory Note

(This note is not part of the Regulations.)

1.  These Regulations impose requirements with respect to the health, safety and welfare of persons at work carrying out “construction work”, defined in regulation 2, and of others who may be affected by that work.

2.  The Regulations give effect as respect Northern Ireland to the following provisions of Council Directive 92/57/EEC (O.J. No. L245, 26.8.92, p. 6) on the implementation of minimum safety and health requirements at temporary or mobile construction sites:

(a) Articles 8(a), (b) and (d), 9(a), and paragraph 1(a)(i) of Article 10 (in so far as it refers to Article 8(a), (b) and (d) and Annex IV);

(b) in part A of Annex IV, points 1.1, 1.2, sections 3 to 5, 7 to 12 and 14 to 18;

(c) in section II of part B of Annex IV, sections 1, 3 to 6, points 8.1(b) and (c), 8.2, 8.3, 8.4 (in part), 9.1(b) to (d) and sections 10 to 14.

3.  Specified regulations apply only in respect of construction work carried out on a “construction site”, defined in regulation 2, and where a workplace on a construction site is set aside for purposes other than construction work, the Regulations do not apply.

4.  Subject to specific exceptions, the Regulations impose requirements on—

(a) employers, the self-employed and others who control the way in which construction work is carried out;

(b) employees in respect of their own actions; and

(c) every person at work as regards co-operation with others and the reporting of danger.

5.  The Regulations impose requirements with respect to—

(a) the provision of safe places of work and safe access and egress thereto (regulation 5);

(b) the provision of suitable equipment to prevent falls (regulation 6);

(c) the working on or near fragile material (regulation 7);

(d) the prevention of injury from falling objects (regulation 8);

(e) the stability of structures (regulation 9);

(f) the carrying out and supervision of demolition and dismantling (regulation 10);

(g) the safety of excavations, cofferdams and caissons (regulations 11 and 12);

(h) the prevention of drowning (regulation 13);

(i) the movement of pedestrian and vehicular traffic (regulation 14);

(j) the construction of doors, gates and hatches (regulation 15);

(k) the use of vehicles (regulation 16);

(l) the risks from fire, the provision of emergency routes and exits, the preparation and implementation of evacuation procedures and the provision of fire-fighting equipment, fire detectors and alarms (regulations 17 to 20);

(m) the provision of sanitary and washing facilities, a supply of drinking water, rest facilities and facilities to change and store clothing (regulation 21);

(n) the provision of adequate fresh air, reasonable temperature and weather protection (regulations 22 and 23);

(o) the provision of lighting (including emergency lighting) (regulation 24);

(p) the marking and good order of a construction site (regulation 25);

(q) the safety and maintenance of plant and equipment (regulation 26);

(r) training and supervision (regulation 27);

(s) the inspection of places of work and the preparation of reports (regulations 28 and 29).

6.  Regulation 30 provides for the granting of exemptions from the Regulations by the Department of Economic Development.

7.  Regulation 31 specifies the activities in territorial waters adjacent to Northern Ireland to which the Regulations will apply.

8.  Regulation 32 provides for specified provisions of the Regulations to be enforced in specified circumstances by the Fire Authority for Northern Ireland.

9.  Regulation 33 amends the statutory provisions referred to in Schedule 9, and regulation 34 revokes the Regulations referred to in Schedule 10.

10.  A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.

1.  Any working platform or part thereof or any personal suspension equipment provided pursuant to regulation 6(3)(b) or (c).

2.  Any excavation which is supported pursuant to regulation 12(1), (2) or (3).

3.  Cofferdams and caissons