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The Construction (Health, Safety and Welfare) Regulations 1996

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Interpretation

2.  (1)  In these Regulations, unless the context otherwise requires—

“construction site” means any place where the principal work activity being carried out is construction work;

“construction work” means the carrying out of any building, civil engineering or engineering construction work and includes any of the following—

(a)

the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure or the use of substances classified as corrosive or toxic for the purposes of regulation 5 of the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994(1)), de-commissioning, demolition or dismantling of a structure,

(b)

the preparation for an intended structure, including site clearance, exploration, investigation (but not site survey) and excavation, and laying or installing the foundations of the structure,

(c)

the assembly of prefabricated elements to form a structure or the disassembly of prefabricated elements which, immediately before such disassembly, formed a structure,

(d)

the removal of a structure or part of a structure or of any product or waste resulting from demolition or dismantling of a structure or from disassembly of prefabricated elements which, immediately before such disassembly, formed a structure, and

(e)

the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure,

  • but does not include the exploration for or extraction of mineral resources or activities preparatory thereto carried out at a place where such exploration or extraction is carried out;

“excavation” includes any earthwork, trench, well, shaft, tunnel or underground working;

“fragile material” means any material which would be liable to fail if the weight of any person likely to pass across or work on that material (including the weight of anything for the time being supported or carried by that person) were to be applied to it;

“loading bay” means any facility for loading or unloading equipment or materials for use in construction work;

“personal suspension equipment” means suspended access equipment (other than a working platform) for use by an individual and includes a boatswain’s chair and abseiling equipment but it does not include a suspended scaffold or cradle;

“place of work” means any place which is used by any person at work for the purposes of construction work or for the purposes of any activity arising out of or in connection with construction work;

“plant and equipment” includes any machinery, apparatus, appliance or other similar device, or any part thereof, used for the purposes of construction work and any vehicle being used for such purpose;

“structure” means—

(a)

any building, steel or reinforced concrete structure (not being a building), railway line or siding, tramway line, dock, harbour, inland navigation, tunnel, shaft, bridge, viaduct, waterworks, reservoir, pipe or pipe-line (whatever, in either case, it contains or is intended to contain), cable, aqueduct, sewer, sewage works, gasholder, road, airfield, sea defence works, river works, drainage works, earthworks, lagoon, dam, wall, caisson, mast, tower, pylon, underground tank, earth retaining structure, or structure designed to preserve or alter any natural feature, and any other structure similar to the foregoing, or

(b)

any formwork, falsework, scaffold or other structure designed or used to provide support or means of access during construction work, or

(c)

any fixed plant in respect of work which is installation, commissioning, de-commissioning or dismantling and where any such work involves a risk of a person falling more than 2 metres.

“traffic route” means any route the purpose of which is to permit the access to or egress from any part of a construction site for any pedestrians or vehicles, or both, and includes any doorway, gateway, loading bay or ramp;

“vehicle” includes any mobile plant and locomotive and any vehicle towed by another vehicle;

“working platform” means any platform used as a place of work or as a means of access to or egress from that place and includes any scaffold, suspended scaffold, cradle, mobile platform, trestle, gangway, run, gantry, stairway and crawling ladder.

(2) Unless the context otherwise requires, any reference in these Regulations to—

(a)a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and

(b)a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.

(1)

S.I. 1994/669.

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