# Safety, Health & Welfare @ Work (Construction) Regs come into effect Sat 1st June.



## threebedsemi (21 Apr 2013)

This rather slipped under the radar, but it is going to affect almost everyone who commences any kind of building work after the 1st of June 2013.

Previously only clients involved in building work with a commercial aspect would have had to involve themselves with these regulations (people working on their house were exempt).

That get out clause has now been removed and virtually all construction projects will now be subject to its requirements. Below is a very brief outline of what you should know:


The regulations will apply to all of the following building works (including maintenance and repair works):

(i) Any works which will take longer than 30 days or 500 man hours to complete.
(ii) Any works in which there is a ‘particular risk’ as defined in the regulations.
(iii) Any works on which there is more than one contractor (or subcontractor or trade) involved.


The upshot of this is that practically all building works, on all types of buildings, now have to comply with the regulations.
If you are a building owner or commission works involving a construction project to which these regulations apply (a ‘client’), you will have to do the following:

(i) Appoint an appropriately qualified Project Supervisor Design Process (PSDP), and

(ii) Appoint an appropriately qualified Project Supervisor Construction Stage (PSCS).


There is no need for outright panic, as the PSDP can be your architect/engineer and the PSCS can be your contractor. It is important however that you make these appointments separately from other appointments and that you make them formally (i.e. in writing).

The relevant regulation is S.I. 461 of 2012:

http://www.djei.ie/employment/osh/SHWWcontructionamendmentregs2012.pdf


This won’t tell you much by itself however as it only amends the language of the main legislation. The primary legislation is SI 504 of 2006. 

Useful guides to the responsibilities of the Client, PSDP and PDCS are given on the Health and Safety Authority website at the following link:

http://www.hsa.ie/eng/Your_Industry/Construction/Construction_Duty_Holders/


I expect that guidance noted pertaining to this new system will appear in due course, and I will link them in this thread whenever that happens.

www.studioplustwo.com


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## ajapale (22 Apr 2013)

Thanks threebedsemi!

Thats a very interesting development.

aj


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## Bronte (23 Apr 2013)

More regulations to be ignored no doubt.  I see as predicted by me and others since Priory Hall, inspections have decreased.  The county councils etc do not want to know.


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## Guns N Roses (23 Apr 2013)

Bronte said:


> The county councils etc do not want to know.


 
It's not the County Council's job to enforce Health & Safety Regulations. The Health & Safety Authority do that.

In relation to Priory Hall, I think you're talking about Buildiing Regulations?


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## threebedsemi (23 Apr 2013)

Guns n Roses is correct, this is a HSA issue, and the Local Authorities have nothing to do with it. 

The HSA is unlikely (in my opinion, as it looks now) to carry out too many inspections. However, anyone who is unfortunate enough to have someone fall off their roof and who does not have these appointments made, is going to face a criminal charge without doubt.

As for building regulations and inspections, sin sceal eile. The newly published Building Control Ammendment Regulations 2013 (coming to a building site near you early next year) are unfortunately very light on Local Authority inspections as they current stand. 

That discussion is probably for another thread however.

www.studioplustwo.com


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## seantheman (24 Apr 2013)

Guns N Roses said:


> It's not the County Council's job to enforce Health & Safety Regulations.


 
I would concur with this statement, however in the case of Priory Hall is it not the case that if the Council had carried out proper site inspections during the build that it wouldn't have ever escalated to become a H&S issue?


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## lowCO2design (24 Apr 2013)

seantheman said:


> I would concur with this statement, however in the case of Priory Hall is it not the case that if the Council had carried out proper site inspections during the build that it wouldn't have ever escalated to become a H&S issue?


your not aware of the new build regs so? 
placing the onus firmly in the private sector, making the council only document holders: potentially less building control, more law bills for home owners and insurance bills for the few left certifying.
http://www.environ.ie/en/DevelopmentHousing/BuildingStandards/News/MainBody,32735,en.htm


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## Bronte (24 Apr 2013)

threebedsemi said:


> However, anyone who is unfortunate enough to have someone fall off their roof and who does not have these appointments made, is going to face a criminal charge without doubt.


 
I think that's the key point to this thread. Onus is on the housebuilder/builder etc.

To the experts on here, wouldn't it be far better to have building regulations and health and safety regulations as one and inspected by one authority. And therefore less costly and more easily doable. Or am I missing the point?  It just seems like more red tape to have to deal with.  

Another question for the inspectors, are you in agreement with the new H&S rules?


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## threebedsemi (24 Apr 2013)

Bronte
On the face of it your suggestion makes sense. However, there are a myriad of totally different laws and statutory requirements which one has to comply with when building: planning, building regulations (including BER certs, fire safety certs, disabled access certs, etc.), health and safety, etc. 

As they are separate legal requirements, and as such do not legally have anything to do with each other, it becomes impossible to have 'one inspector to rule them all' from a government point of view.

For instance, a building could comply with planning law but not with building regulations, (it may not even have to - for example some works to a protected structure).
Also it should be noted that the health and safety regulations are far more focused on the project while it is being built, rather than afterwards (although it has to be safe to mantain etc.). Planning and Building Regulations relate to a completed building (as a partly completed building cannot compy with either).

www.studioplustwo.com


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## Docarch (29 May 2013)

threebedsemi said:


> Previously only clients involved in building work with a commercial aspect would have had to involve themselves with these regulations (people working on their house were exempt).
> 
> That get out clause has now been removed and virtually all construction projects will now be subject to its requirements.
> 
> ...


 
The SAFETY, HEALTH AND WELFARE AT WORK (CONSTRUCTION) (AMENDMENT) REGULATIONS 2012 come into effect this Saturday, June 1st.

Astounding the HSA have not updated their website!!!


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## Docarch (31 May 2013)

Implementation postponed until August 1st (at least)!


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## Annie51 (31 May 2013)

We started renovation an old house last November and it is still on going and will take another 6 months [it is only being done when we have no other work on] do we have to comply with the new regulations when they come in.


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## threebedsemi (31 May 2013)

Newsflash:
The Minister has opted not to sign the legislation into effect until, perhaps, early August.

Annie51, if you have works underway you are likely to be ok and not to fall under the regulations, whenever we actually see them enacted.

www.studioplustwo.com


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## threebedsemi (1 Aug 2013)

This legislation is now, finally, live as of today.

links to guidance:

http://www.hsa.ie/eng/Your_Industry/Construction/Construction_Landing_Page.html


www.studioplustwo.com


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