Health and Safety on a Selfbuild Construction Site

Most of us are aware of the importance of Health and Safety on a construction site but few of us realise that The Construction (Design and Management) Regulations 2007 (CDM Regulations) - which took effect on the 6^th April 2007 have a legal implication for everyone involved in a project, especially so far as a self-builder is concerned!

We look into the regulations and what they mean for a self-builder and how site insurance plays an important part in indemnifying you in the event you are held responsible for a worker killed or injured on your site.

Every year many construction workers are killed or injured as a result of their work. The hazards are not, however, restricted to those working on sites. Children and other members of the Public are also killed or injured because construction activities are not adequately controlled.

In an effort to improve the situation, new legislation has been introduced which makes Health and Safety something that has to be physically planned into a project by all the parties involved from its initial conception right through to completion.

Do the new CDM 2007 Regulations apply to all construction projects?

The CDM regulations provide for Health and Safety on any Construction Site where construction work is being carried out and affect all parties involved. The regulations’ definition of “Construction Work” covers just about every type of project a self-builder could possibly consider undertaking - irrespective of whether or not they intend to physically get involved in the project. It doesn’t just cover the actual construction work but also the whole design and supervision process as well.

The new Regulations are divided into five parts:

• Part 1 deals with the application of the Regulations and definitions.

• Part 2 covers general duties that apply to all construction projects.

• Part 3 contains additional duties that only apply to notifiable construction projects, i.e. those lasting more that 30 days or involving more than 500 person days of construction work (see panel).

• Part 4 contains practical requirements that apply to all construction sites.

• Part 5 contains the transitional arrangements and revocations.

Part 2 affects all self-builders. Essentially you cannot appoint a CDM Co-ordinator, a Designer, Principal Contractor, Contractor or Worker unless you have taken reasonable steps to ensure that the person to be appointed or engaged is competent to do the task requested or they are under the supervision of a ‘Competent Person’.

Every person involved in a project has a duty to co-operate and co-ordinate their actions regarding Health and Safety with those other persons around them who have joint responsibilities under the regulations. Particular emphasis is placed on the principles of prevention.

A self-builder’s responsibility in relation to managing a project extends to ensuring sufficient time and resources are allocated to ensure the construction work is carried out without risk to the health and safety of any one person. You will also be responsible for supplying relevant Pre-Construction information regarding Health and Safety factors affecting the site or construction work, for example the proposed use of the structure as a workplace together with any time constraints on planning and preparation of the construction work.

Importantly, No Contractor shall carry out construction work in relation to a project unless the Client for the project is aware of his duties under the regulations!

When is a construction project “Notifiable” to HSE?

In the eyes of the regulations, most self-builders fall in the category of “Client” and “Contractor” as they tend to Manage and Sub-Contract. This implies additional duties under the regulations where the project is Notifiable. (See panel) If a project is notifiable and no one person has been appointed as the CDM Co-ordinator this role automatically falls to the Client!

A project is notifiable to the Health and Safety Executive (HSE) if the construction phase will be longer than 30 days or 500 person days of construction work. An F10 form can be used and is available on www.hse.gov.uk

Where the project is notifiable, the CDM Co-ordinator has to ensure that work does not start unless:-

• The principal contractor has prepared a construction phase plan.

• Suitable welfare facilities have been put in place.

• The CDM Co-ordinator prepares and regularly maintains a Health and Safety file which will be used to hold information relevant to ensure the Health and Safety of any person.

Does the 30 days include weekends, bank holidays etc?

Any day on which construction work takes place is counted. What matters is how many days of construction work the project entails, not when these days occur.

What if a project is already underway?

The new CDM 2007 Regulations will apply to projects that are already in progress. There are a number of provisions to aid the transition from the old duties to the new e.g. a planning supervisor or principal contractor already appointed under CDM 1994 will be deemed to be the CDM co-ordinator or principal contractor, but they must ensure that they acquire the new competencies within 12 months, if necessary.

Part 4 Practical Requirements affecting ALL sites

The regulations are very specific in identifying key areas where accidents and loss of life are still occurring in the construction sector. The HSE publishes lots of really useful information to help you identify exactly what you should be looking out for but here are some key pointers:-

Safe Place of Work:

It’s important to provide and maintain a safe place of work at all times without risks to health, and with safe access and egress and a safe working environment taking into account machinery, equipment and hazards. In addition suitable steps must be taken to ensure that no person can gain access to an unsafe area.

Good Order and Site Security

Every part of the Construction Site shall, as far as is reasonably practicable, be kept in good order and every part of a construction site shall be kept in a reasonable state of cleanliness. In the interests of Health and Safety, the perimeter of a Construction site should be fenced and suitable signs erected so that it is readily identifiable.

Stability of Structures, Demolition and Dismantling

All practical steps shall be taken to prevent danger to any person, to ensure that any new or existing structure or any part of such structure which may become unstable during construction or demolition work doesn’t collapse. In respect of demolition work, there must be a written plan prior to work commencing.

Excavations

You need to ensure that all steps have been taken to avoid collapse of excavations, and falling materials e.g. Spoil heaps are placed away from the excavation wall. It’s important to consider the loadings placed around the trenches by materials and equipment as these affect stability. You cannot work in an unsupported open trench unless a Competent Person has deemed it safe to do so.

Energy distribution installations

To prevent danger, energy distribution installations need to be suitably checked and clearly indicated. Power cables should be suitably identified and routed away from the area of risk. Similarly, No construction work which is liable to create a risk to health and safety from an underground service, or danger by disturbing it shall be carried out until all practical steps have been taken to prevent such risk.

Prevention of drowning

This doesn’t just apply to water! You need to prevent a person from falling into a liquid, like concrete.

Traffic Routes and Vehicles

Evey construction site should be organised in such away that pedestrians and vehicles can move safely without risks to health. Vehicles need to be used for their intended purpose only. Care needs to be taken when moving in confined areas or close to open earth works.

Prevention of risk from fire

Suitable and sufficient steps need to be taken to prevent risk from fire and suitable emergency procedures need to be in place for dealing with a foreseeable emergency.

Fresh Air, Temperature/Weather protection and Lighting

You must provide the relevant protective clothing, breathing apparatus and lighting to ensure the health and safety of persons.

Welfare facilities

You will have a duty to provide Sanitary conveniences, Washing Facilities, Drinking Water, Rest Facilities and possibly a changing area if the workers are required to wear specific personal protective equipment.

Site Insurance is essential!

Site Insurance or more specifically Employers’ Liability and Public Liability are an absolute must on any type of self-build project. An injured person, be it a worker, a friend lending a hand or a child injured or worse killed on a site having wandered on to play after work has stopped will invariably involve legal costs and quite often a hefty award payment. We are quite familiar with court awards hitting the media and your project is no different. These claims can literally cost millions.

The other issue is that HSE can prosecute you and this can involve a legal action. If you have Employers Liability cover most site insurance policies will indemnify you in defending that action. The important thing to realise is that any such action brought against you is Criminal, not Civil and so any penalty or fine imposed is not normally insurable. This is why it’s essential you take your legal responsibilities regarding Health & Safety very seriously.