A public consultation commences today on new draft construction health and safety regulations, aimed at providing a substantial reduction in the burden of compliance.
The draft Safety, Health and Welfare at Work (Construction) Regulations 2013 are published today, and submissions are sought from all interested parties in advance of 14th December 2012. The intention is that the new Regulations will be finalised, drafted and signed in advance of 1st June 2013.
Among the changes which are proposed by the draft regulations are:
· Simplify and consolidate construction safety legislation by consolidating 6 pieces of legislation
· Reduce regulatory burden on people having building works carried out and on the construction industry by removing many short, low-risk construction activities from the regulatory requirements of the Construction Regulations
· Reduce administrative burden on people having building works carried out and on the construction industry by reducing the obligation to create/maintain records
Also announced today is the signing of the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2012, which will mean that with effect from 1st June 2013, domestic homeowners will come within the definition of ‘client’ for the purposes of the workplace health and safety Construction Regulations.
This change is taking effect in order to combat fatalities and serious injuries on domestic construction sites, comply with our obligations under European law and avoid substantial fines for the taxpayer, and reduce activity in the shadow economy. It will mean that additional health and safety duties will from 1st June 2013 arise for domestic homeowners when certain types of construction works are carried out in their homes (see below).
Martin O’Halloran, CEO of the Health and Safety Authority, said:
“In the past three years there have been 11 fatalities in construction on domestic dwellings in Ireland. There have also been large numbers of serious injuries to workers on construction sites on domestic dwellings. By extending the health and safety provisions of the construction regulations to include some works being carried out on domestic houses, I am convinced that we can contribute to a reduction in this number.
“These amendments will result in changes for homeowners seeking to have construction work carried out on their domestic dwellings. Amending the main Construction Regulations in advance of implementation of this change will strike the right balance between assisting homeowners to comply and encouraging safety improvement on domestic construction sites.
“The HSA will provide advice, guidance and template documents for homeowners affected by these changes, prior to the regulations coming into force. Initial draft versions of proposed regulations and guidance are available on the HSA website on the consultation page. Further information on the consultation process will be available from the Authority”.
Minister for Jobs, Enterprise and Innovation, Richard Bruton TD said:
“These changes will achieve three important objectives. Firstly they will help reduce the unacceptably high number of deaths and serious injuries to workers on construction sites. Over the last 3 years there were 11 deaths and many more serious injuries on domestic construction sites, figures which are by any measure too high. Secondly they will help reduce activity in the shadow economy by promoting a higher level of general compliance, bringing benefits to the exchequer, to the construction sector and to the economy at large. And thirdly it will ensure that the taxpayer avoids significant fines and legal costs as a result of infringement proceedings.
“I have asked the HSA to carry out a full and comprehensive review of the regulatory and administrative burden imposed by the existing construction regulations to identify revisions that can be effected to reduce the regulatory burden imposed on all clients in construction, while not diminishing workplace health and safety standards. I have also asked them to ensure that the effect of these changes is communicated clearly and that they provide resources to ensure that people’s questions can be answered. I urge people to get involved in this consultation process”.
Contact: Gavin Lonergan, Communications Manager, HSA, 087-0523006
QUICK GUIDE: AMENDMENT OF DEFINITION OF ‘CLIENT’ TO INCLUDE DOMESTIC HOMEOWNERS
Why are these changes happening?
· 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.
· Reduce shadow economy activity in construction – bringing significant benefits to the exchequer, the construction industry and the economy at large
· Avoid large fines for the taxpayer – Ireland faces infringement proceedings if we do not make these changes. Penalties on the taxpayer as well as legal costs could be very substantial.
· Reduce administrative burden – before the changes come into effect, the HSA will complete a review of the general construction regulations and changes will be made to ensure that the administrative and regulatory burden on all clients is reduced in so far as possible, while maintaining standards.
I am a domestic homeowner undertaking construction works – what new duties do I have?
The precise nature of the new obligations will be informed in part by the consultation process that is starting today. However based on current proposals, with effect from 1st June 2013, homeowners carrying out construction works will have met their duties if they follow three straightforward steps:
1. Take reasonable steps to ensure that all designers and contractors are competent to carry out their tasks. This duty only applies in the case of appointments made by the homeowner him/herself, and not in the case of subcontractors. It can be fulfilled by asking a small number of straightforward questions. There is also a legal obligation on the contractors to demonstrate their competence to the homeowner.
2. (Only in more complicated cases where the project involves two or more contractors, where there is a ‘particular risk’ (e.g. close to power lines/wells/tunnels) or where the project takes longer than 30 days). Appoint a ‘Project Supervisor Design Process (PSDP) and a ‘Project Supervisor Construction Stage’ (PSCS). Where the duty arises, in most cases the PSDP will be the architect/engineer and the PSCS will be the main contractor, and the duties to be carried out by the Project Supervisors for the most part involve tasks that they are performing already. Making the appointment will be a matter of asking a number of straightforward questions and completing an appointment form.
3. Retain a safety file. The Project Supervisor Design Process will have an obligation to produce a safety file and give it to the homeowner at the end of the works. The homeowner will have a duty to retain the file and make it available to anybody carrying out works in future. Again, this duty only arises in more complicated construction projects where there are two or more contractors, more than 30 days duration and/or a ‘particular risk’.
A more detailed guide for homeowners, appointment form for Project Supervisors and checklists of questions to ask before making appointments are available on the HSA website www.hsa.ie .
ENDS.
NOTES FOR EDITORS
The consultation document on the draft amended Construction Regulations is available at the following link: http://consultation.hsa.ie/general-applications/default.asp
HSA approach
The HSA will work with people to assist them in complying with their obligations under these regulations. The approach used by the Authority in its inspection programs is one based on support and advice where possible, and enforcement where necessary. In the vast majority of cases where inspections are carried out by the HSA, the only action taken is the provision of advice. In 2011 in only 7% of cases were formal enforcement actions initiated. Over 99% of cases were resolved without the necessity to prosecute. HSA has a risk based approach to all inspections and workplace visits and will apply this approach to in the case of domestic clients.
Infringement proceedings
Penalties on the State for failing to make the changes to the definition of ‘client’ to encompass domestic homeowners could be very substantial and we could incur penalties at the rate of €33,000 per day, if we did not make these changes. The State would also potentially be liable for legal costs of both sides any proceedings taken.