Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2012 (SI 461/2012). Domestic dwellings will come within the scope of the Construction Regulations from June of this year, as the definition of client will be expanded to include householders. In the draft regulation, a ‘client’ is defined as a person for whom a project is carried out, so presumably when the draft regulation becomes law, the 2012 Amendment Regulation will be repealed and incorporated into the Construction Regulations 2013. The new regulations will endeavor to improve worker safety – there have been 11 fatalities and many more serious injuries on domestic construction sites in the past three years. Construction workers are entitled to the highest standards of health and safety in their workplaces. Apart from bringing construction work on domestic dwellings within the scope of the Construction Regulations, the draft regulations if adopted will introduce a number of new requirements and repeal some current requirements. The new requirements are:
- That project supervisors (design and construction), designers and contractors, who are appointed by a client in relation to construction work on a domestic dwelling, must demonstrate to the client that they are competent and will allocate adequate health and safety resources to the project.
- That clients who are having construction work carried out on a domestic dwelling do not have to provide a copy of the safety and health plan to those being considered for the role of project supervisor construction stage
- That a contractor who is not aware of the appointment of project supervisors must promptly inform the client of his/her duty to make appointments.
- Allows for a contractor to provide only a relevant extract of a safety statement to a PSCS draft.
- The duty on the client to notify the HSA of construction work intended to last longer than 30 days or 500 person hours or the subject of special risks .
- That PSDP do not have to keep the safety and health plan for five years.
- The obligation on the PSDP to notify the HSA if a designer or contractor has not carried out directions.
- The PSCS no longer has to keep available for inspection the names of persons at work at the construction site and nor has the PSCS to keep records and documents relating to accidents or dangerous occurrences for five years after they have been prepared.
Safety Health and Welfare at Work (General Application) (Amendment) Regulations 2012 Whilst it is not mentioned in the title, these regulations apply to Pressure Vessels – for example compressors. Many organisations would regularly use compressors, for example Garages use them for air tools and tyres, Hotels and Retail operations often have a compressor which powers their waste cardboard compactor and the use of compressors is common in engineering or paint spraying works. The regulations, which came into force on January 1st, include transitional arrangements, which provide that if an examination was carried out under the old regulations, this shall be deemed to be compliance until the expiry of the period relating to the examination. If however an examination was due to be carried out under the old regulations but has not been carried out, the employer, owner or user of a pressure vessel must carry out the examination within three months from January 1st. Employers are required to ensure:
- Pressure systems or parts are of good construction, sound material, adequate strength, suitable quality and free from patent defect.
- They are properly installed and maintained.
- The safe operating limits have been established and adequate information on the limits is available.
- Vessels are marked with information, such as the manufacturers name, serial number, date of manufacture, the standard to which it was built, the maximum allowable pressure, the minimum allowable pressure where it is other than atmospheric and if relevant to safe operation, the maximum or minimal allowable pressure or both or if applicable and if different to the operating limits set by the manufacturer safe operating limits set by a competent person following an examination.
- Employees have adequate information and, if appropriate, written instructions on the conditions of use, the safe operation in foreseeable abnormal situations, action to be taken in an emergency and the conclusions to be drawn from the experience of using equipment.
- Pressure equipment or systems are not operated except in accordance with information or instructions.
When maintenance operations are being carried out and there is a hazard from pressure, employers are required, in so far as reasonably practicable, to ensure that the operations are carried out when the pressure system is depressurised. Employers must, where appropriate, keep a maintenance file. It must be kept up to date. If repairs are required, which are significant in relation to the system being able to withstand pressure, a competent person should be consulted. Pressure equipment and systems must be inspected:
- if new and being installed for the first time;
- if it has previously being used and is installed at a new location;
- at intervals of 14 months and 26 months depending on the type of equipment
When pressure equipment is installed for the first time at a location, the employer shall, if it is new fixed equipment or a pressure system, ensure it is inspected by a competent person. Where appropriate, safety devices should be tested before first commission and, in the case of pressure vessels, a certificate of commission and test (if appropriate) should be provided by a competent person. This should specify the safe operating limits. If fixed pressure equipment has been previously used or a pressure system is installed at a new location, it should be inspected and any vessel examined in accordance with whichever of the 14 or 26 month periods apply. In determining test periods in general, the period is determined by when the equipment was first taken into use. The regulations, which came into force on January 1st, include transitional arrangements, which provide that if an examination was carried out under the old regulations, this shall be deemed to be compliance until the expiry of the period relating to the examination. If however an examination was due to be carried out under the old regulations but has not been carried out, the employer, owner or user of a pressure vessel must carry out the examination within three months from January 1st.
