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

Regulations 6(2), 6(3)(a) and 8(2)

SCHEDULE 1 Requirements for guard-rails etc.

1.  A guard-rail, toe-board, barrier or other similar means of protection shall—

(a) be suitable and of sufficient strength and rigidity for the purpose or purposes for which it is being used; and

(b) be so placed, secured and used as to ensure, so far as is reasonably practicable, that it does not become accidentally displaced.

2.  Any structure or any part of a structure which supports a guard-rail, toe-board, barrier or other similar means of protection or to which a guard-rail, toe-board, barrier or other similar means of protection is attached shall be of sufficient strength and suitable for the purpose of such support or attachment.

3.  The main guard-rail or other similar means of protection shall be at least 910 millimetres above the edge from which any person is liable to fall.

4.  There shall not be an unprotected gap exceeding 470 millimetres between any guard-rail, toe-board, barrier or other similar means of protection.

5.  Toe-boards or other similar means of protection shall not be less than 150 millimetres high.

6.  Guard-rails, toe-boards, barriers and other similar means of protection shall be so placed as to prevent, so far as is practicable, the fall of any person, or any material or object, from any place of work.

Regulations 6(2), 6(3)(b) and 8(2)

SCHEDULE 2 Requirements for working platforms

Interpretation

1.  In this Schedule, “supporting structure” means any structure used for the purpose of supporting a working platform and includes any plant and equipment used for that purpose.

Condition of surfaces

2.  Any surface upon which any supporting structure rests shall be stable, of sufficient strength and of suitable composition safely to support the supporting structure, the working platform and any load intended to be placed on the working platform.

Stability of supporting structure

3.  Any supporting structure shall—

(a) be suitable and of sufficient strength and rigidity for the purpose or purposes for which it is being used; and

(b) be so erected and, where necessary, securely attached to another structure as to ensure that it is stable; and

(c) when altered or modified, be so altered or modified as to ensure that it remains stable.

Stability of working platform

4.  A working platform shall—

(a) be suitable and of sufficient strength and rigidity for the purpose or purposes for which it is intended to be used or is being used; and

(b) be so erected and used as to ensure, so far as is reasonably practicable, that it does not become accidently displaced so as to endanger any person; and

(c) when altered or modified, be so altered or modified as to ensure, that it remains stable; and

(d) be dismantled in such a way as to prevent accidental displacement.

Safety on working platforms

5.  A working platform shall—

(a) be of sufficient dimensions to permit the free passage of persons and the safe use of any equipment or materials required to be used and to provide, so far as is reasonably practicable, a safe working area having regard to the work there being carried out; and

(b) without prejudice to paragraph (a), be not less than 600 millimetres wide; and

(c) be so constructed that the surface of the working platform has no gap giving rise to the risk of injury to any person or, where there is a risk of any person below the platform being struck, through which any material or object could fall; and

(b) be so erected and used, and maintained in such condition, as to prevent, so far as is reasonably practicable—

(i) the risk of slipping or tripping; or

(ii) any person being caught between the working platform and any adjacent structure; and

(e) be provided with such handholds and footholds as are necessary to prevent, so far as is reasonably practicable, any person slipping from or falling from the working platform.

Loading

6.  A working platform and any supporting structure shall not be loaded so as to give rise to a danger of collapse or to any deformation which could affect its safe use.

Regulation 6(3)(c)

SCHEDULE 3 Requirements for personal suspension equipment

1.  Personal suspension equipment shall be suitable and of sufficient strength for the purpose for which it is being used having regard to the work being carried out and the load, including any person, it is intended to bear.

2.  Personal suspension equipment shall be securely attached to a structure or to plant and the structure or plant and the means of attachment thereto shall be suitable and of sufficient strength and stability for the purpose of supporting that equipment and the load, including any person, it is intended to bear.

3.  Suitable and sufficient steps shall be taken to prevent any person falling or slipping from personal suspension equipment.

4.  Personal suspension equipment shall be installed or attached in such a way as to prevent uncontrolled movement of that equipment.

Regulation 6(3)(d)

SCHEDULE 4 Requirements for means of arresting falls

1.  In this Schedule, “equipment” means any equipment provided for the purpose of arresting the fall of any person at work and includes any net or harness provided for that purpose.

2.  The equipment shall be suitable and of sufficient strength to safely arrest the fall of any person who is liable to fall.

3.  The equipment shall be securely attached to a structure or to plant and the structure or plant and the means of attachment thereto shall be suitable and of sufficient strength and stability for the purpose of safely supporting the equipment and any person who is liable to fall.

4.  Suitable and sufficient steps shall be taken to ensure, so far as practicable, that in the event of a fall by any person the equipment does not itself cause injury to that person.

Regulation 6(6)

SCHEDULE 5 Requirements for ladders

1.  Any surface upon which a ladder rests shall be stable, level and firm, of sufficient strength and of suitable composition safely to support the ladder and any load intended to be placed on it.

2.  A ladder shall—

(a) be suitable and of sufficient strength for the purpose for which it is being used; and

(b) be so erected as to ensure that it does not become displaced; and

(c) where it is of a length when used of 3 metres or more, be secured to the extent that it is practicable to do so and where it is not practicable to secure the ladder a person shall be positioned at the foot of the ladder to prevent it slipping at all times when it is being used.

3.  All ladders used as a means of access between places of work shall be sufficiently secured so as to prevent the ladder slipping or falling.

4.  The top of any ladder used as a means of access to another level shall, unless a suitable alternative handhold is provided, extend to a sufficient height above the level to which it gives access so as to provide a safe handhold.

5.  Where a ladder or run of ladders rises a vertical distance of 9 metres or more above its base, there shall, where practicable, be provided at suitable intervals sufficient safe landing areas or rest platforms.

Regulation 21

SCHEDULE 6 Welfare facilities

Sanitary conveniences

1.  Rooms containing sanitary conveniences shall be adequately ventilated and lit.

2.  Sanitary conveniences and the rooms containing them shall be kept in a clean and orderly condition.

3.  Separate rooms containing sanitary conveniences shall be provided for men and women, except where and so far as each convenience is in a separate room the door of which is capable of being secured from the inside.

Washing facilities

4.  Washing facilities shall be provided—

(a) in the immediate vicinity of every sanitary convenience, whether or not provided elsewhere; and

(b) in the vicinity of any changing rooms required by regulation 21(7) whether or not provided elsewhere.

5.  Washing facilities shall include—

(a) a supply of clean hot and cold, or warm, water (which shall be running water so far as is reasonably practicable); and

(b) soap or other suitable means of cleaning; and

(c) towels or other suitable means of drying.

6.  Rooms containing washing facilities shall be sufficiently ventilated and lit.

7.  Washing facilities and the rooms containing them shall be kept in a clean and orderly condition.

8.  Subject to paragraph 9, separate washing facilities shall be provided for men and women, except where and so far as they are provided in a room the door of which is capable of being secured from inside and the facilities in each such room are intended to be used by only one person at a time.

9.  Paragraph 8 shall not apply to facilities which are provided for washing hands, forearms and face only.

Drinking water

10.  Every supply of drinking water shall be conspicuously marked by an appropriate sign where necessary for reasons of health and safety.

11.  Where a supply of drinking water is provided, there shall also be provided a sufficient number of suitable cups or other drinking vessels unless the supply of drinking water is in a jet from which persons can drink easily.

Accommodation for clothing

12.  Accommodation for clothing shall include or allow for facilities for drying clothing.

Facilities for changing clothing

13.  The facilities for changing clothing shall be separate facilities for, or separate use of facilities by, men and women where necessary for reasons of propriety.

Facilities for rest

14.  Rest facilities shall—

(a) include rest facilities provided in one or more rest rooms or rest areas;

(b) include rest rooms or rest areas with suitable arrangements to protect non-smokers from discomfort caused by tobacco smoke;

(c) where necessary, include suitable facilities for any person at work who is a pregnant woman or nursing mother to rest;

(d) include suitable arrangements to ensure that meals can be prepared and eaten; and

(e) include the means for boiling water.

Regulation 28(1)

SCHEDULE 7 Places of work requiring inspection

Column 1	Column 2
Place of work	Time of Inspection
1.  Any working platform or part thereof or any personal suspension equipment provided pursuant to regulation 6(3)(b) or (c).	(i) 1.  Before being taken into use for the first time; and (ii) after any substantial addition, dismantling or other alteration; and (iii) after any event likely to have affected its strength or stability; and (iv) at regular intervals not exceeding 7 days since the last inspection.
2.  Any excavation which is supported pursuant to regulation 12(1), (2) or (3).	(i) 2.  Before any person carries out work at the start of every shift; and (ii) after any event likely to have affected the strength or stability of the excavation or any part thereof; and (iii) after any accidental fall of rock or earth or other material.
3.  Cofferdams and caissons	(i) 3.  Before any person carries out work at the start of every shift; and (ii) after any event likely to have affected the strength or stability of the cofferdam or caisson or any part thereof.

Regulation 29

SCHEDULE 8 Particulars to be included in a report of inspection

1.  Name and address of the person on whose behalf the inspection was carried out.

2.  Location of the place of work inspected.

3.  Description of place of work or part of that place inspected (including any plant and equipment and materials, if any).

4.  Date and time of the inspection.

5.  Details of any matter identified that could give rise to a risk to the health or safety of any person.

6.  Details of any action taken as a result of any matter identified in paragraph 5.

7.  Details of any further action considered necessary.

8.  Name and position of the person making report.

Regulation 33

SCHEDULE 9 Amendments

The Factories Act (Northern Ireland) 1965

1.  The Factories Act (Northern Ireland) 1965(1) shall be amended as follows—

(a) in section 125, sub-section (3) shall cease to have effect;

(b) in section 176, in sub-section (1)—

(i) the definition of “building operation” shall be deleted and the following substituted—

• ““building operation” and “work of engineering construction” mean “construction work” within the meaning assigned to that phrase by regulation 2(1) of the Construction (Design and Management) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 209);”;

(ii) the definition of “work of engineering construction” shall be deleted.

The Construction (Lifting Operations) Regulations (Northern Ireland) 1963

2.  The Construction (Lifting Operations) Regulations (Northern Ireland) 1963(2) shall be amended as follows—

(a) in regulation 3(1)—

(i) for the words “regulation 47” there shall be substituted “regulations 47 and 48A”;

(ii) after “48” there shall be inserted “, 48A”;

(b) after regulation 48 there shall be added the following regulations—

“Suspended scaffolds (not power operated)

48A.— (1) Without prejudice to any requirement of these Regulations as respects lifting appliances, chains, ropes and lifting gear used in connection therewith, the requirements of this regulation shall be observed as respects—

(a) every suspended scaffold; and

(b) plant or equipment which is permanent plant or equipment of a building and which, but for the fact that it is permanently provided, would be a suspended scaffold,

being in any case a suspended scaffold, plant or equipment which is not raised or lowered by a power-driven lifting appliance and no such suspended scaffold, plant or equipment shall be used unless it complies with the requirements of this regulation.

(2) In the application of the succeeding paragraphs, references therein to suspended scaffolds shall be construed as references to suspended scaffolds to which this regulation applies and as including references to plant or equipment of the kind referred to in sub-paragraph (b) of paragraph (1).

(3) Every suspended scaffold shall be provided with adequate and suitable chains or ropes and winches or other lifting appliances or similar devices and shall be suspended from suitable outriggers, joists, runways, rail tracks or other equally safe anchorage.

(4) The winches or other lifting appliances or similar devices of a suspended scaffold shall be—

(a) provided with a brake or similar device which comes into operation when the operating handle or lever is released; and

(b) adequately protected against the effects of weather, dust or material likely to cause damage.

(5) The outriggers for a suspended scaffold shall be of adequate length and strength and properly installed and supported and, subject to paragraph (12), shall be installed horizontally and provided with adequate stops at their outer ends. The outriggers shall be properly spaced having regard to the construction of the scaffold and of the runway, joist or rail track on which the scaffold is carried.

(6) Where counter-weights are used with outriggers the counter-weights shall be securely attached to the outriggers and shall be not less in weight than three times the weight which would counter-balance the weight suspended from the outrigger including the weight of the runway, joist or rail track, the suspended scaffold and persons and other loads thereon.

(7) The points of suspension of every suspended scaffold shall be an adequate horizontal distance from the face of the building or other structure.

(8) Every runway, joist and rail track supporting a suspended scaffold shall be of suitable and sound material, adequate strength for the purpose for which it is used and free from patent defect, shall be provided with adequate stops at each end and shall be properly secured to the building or other structure or, where outriggers are used, to the outriggers.

(9) The suspension ropes or chains of a suspended scaffold—

(a) shall be securely attached to the outriggers or other supports and to the platform framework or to any lifting appliance or other device attached thereto, as the case may be; and

(b) shall be kept in tension.

(10) Where winches are used with suspended scaffolds the suspension ropes shall be of such a length that at the lowest positions at which the scaffold is intended to be used there are not less than two turns of rope remaining on each winch drum and the length of each rope shall be clearly marked on its winch.

(11) If a suspended scaffold is carried on fibre ropes and pulley blocks the ropes shall be spaced not more than 3.20 metres apart.

(12) Where the work to be carried out from a suspended scaffold is of such a light nature and the material required for the work is such that a cradle or similar light-weight suspended scaffold can be used with safety and where such suspended scaffold is used, the requirements of paragraph (5) that the outriggers shall be installed horizontally and that stops shall be provided shall not apply.

48B.   In regulation 48A—

“slung scaffold” means a scaffold suspended by means of lifting gear, ropes or chains or rigid members and not provided with means of raising or lowering by a lifting appliance or similar device;

“suspended scaffold” means a scaffold (not being a slung scaffold) suspended by means of ropes or chains and capable of being raised or lowered but does not include a boatswain’s chair or similar appliance.”.

The Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993

3.  In regulation 3(1) of the Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993(3) for sub-paragraph (b) there shall be substituted—

“(b) a workplace where the only activity being undertaken is construction work within the meaning assigned to that expression by regulation 2(1) of the Construction (Health, Safety and Welfare) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 510), except for any workplace from which the application of the said Regulations is excluded by regulation 3(2) of those Regulations”.

The Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1993

4.  The Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1993(4) shall be amended as follows—

(a) in regulation 2(1), for the definitions of “construction work” and “contractor”, there shall be substituted—

• ““construction work” and “contractor” have the respective meanings assigned to them by regulation 2(1) of the Construction (Design and Management) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 209”;

(b) in Schedule 3, for paragraph 4 there shall be substituted—

“4.   Construction work, other than that which is included in a project to which regulation 7(1) of the Construction (Design and Management) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 209) applies, carried out on a farm in relation to a structure which is used, or is to be used, for or in connection with any agricultural activity.”.

Regulation 34

SCHEDULE 10 Revocations

Column 1	Column 2	Column 3
Reference	Title	Extent of Revocation
S.R. & O. (N.I.) 1960 No. 65	The Engineering Construction (Extension of Definition) Regulations (Northern Ireland), 1960	The whole Regulations.
S.R. & O. (N.I.) 1963	The Construction (General	Regulations 8 to 18, 21, 23
No. 87	Provisions) Regulations (Northern Ireland), 1963	to 41, 45 to 51, 53 and 56.
S.R. & O. (N.I.) 1967 No. 175	The Construction (Working Places) Regulations (Northern Ireland) 1967	The whole Regulations.
S.R. & O. (N.I.) 1967 No. 176	The Construction (Health and Welfare) Regulations (Northern Ireland) 1967	The whole Regulations.
S.R. & O. (N.I.) 1968 No. 235	The Engineering Construction (Extension of Definition) (No. 2) Regulations (Northern Ireland) 1968	The whole Regulations.

(1)

1965 c. 20 (N.I.); section 125(3) was amended by S.R. 1979 No. 246

(2)

S.R. & O. (N.I.) 1963 No. 86, to which there are amendments not relevant to these Regulations

(3)

S.R. 1993 No. 37

(4)

S.R. 1993 No. 147; paragraph 4 of Schedule 3 was substituted by regulation 23(3)(b) of S.R. 1995 No. 209