TỔ CHỨC THI CÔNG Principles of construction

Principles of Construction Safety Allan St John Holt BA, FIOSH, RSP Foreword by Sir Frank Lampl Principles of Construction Safety Allan St John Holt BA, FIOSH, RSP Foreword by Sir Frank Lampl # 2001, 2005 Mei Wenti Ltd Blackwell Science Ltd, a Blackwell Publishing company Editorial Offices: Blackwell Science Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK Tel: +44 (0) 1865 776868 Blackwell Publishing Inc., 350 Main Street, Malden, MA 02148-5020, USA Tel: +1 781 388 8250 Blackwell Science Asia Pty Ltd, 550 Swanston Street, Carlton, Victoria 3053, Australia Tel: +61 (0)3 8359 1011 The right of the Author to be identified as the Author of this Work has been asserted in accordance with the Copyright, Designs and Patents Act 1988 All rights reserved No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act 1988, without the prior permission of the publisher First published in hardback 2001 Reissued in paperback 2005 Reprinted 2006 ISBN-10: 1-4051-3446-1 ISBN-13: 978-14051-3446-0 Library of Congress Cataloging-in-Publication Data is available A catalogue record for this title is available from the British Library Set in 9/14 Trebuchet by DP Photosetting, Aylesbury, Bucks Printed and bound in Great Britain by TJ International Ltd, Padstow, Cornwall The publisher's policy is to use permanent paper from mills that operate a sustainable forestry policy, and which has been manufactured from pulp processed using acid-free and elementary chlorine-free practices Furthermore, the publisher ensures that the text paper and cover board used have met acceptable environmental accreditation standards For further information on Blackwell Publishing, visit our website: www.blackwellpublishing.com Contents Foreword vii The contractor and CDM 41 Abbreviations viii The Principal Contractor and CDM 42 Introduction ix The Planning Supervisor and CDM 42 Part Construction Safety Management Competence, qualification and selection under Fundamentals What is `safety' Basic terms What causes accidents? Techniques of accident prevention Benefits of accident prevention Where are We Now? Types of injury Accident causes Occupational health and hygiene Dangerous occurrences 10 Reference 12 Measuring Performance and Recording Information 13 Behaviour-based safety 13 `No injuries Ð no problems!' 14 `All I want to know is the facts!' 14 Calculating rates 14 Other performance measures 15 Accident investigation and recording 15 Principles of accident investigation 16 Inspections and audits 18 Techniques of inspection 19 Reference 20 Techniques of Construction Safety CDM The Health and Safety File The Safety Policy 43 44 46 Legal requirements 46 The policy in practice 46 Manuals and QA systems 47 Policy contents 47 Other safety policy considerations 49 `Off the shelf' safety policies 49 Assessing the Risks 50 Benefits 50 Types of risk assessment 50 Contents of risk assessment 51 Hazard evaluation 51 Job safety analysis 52 Ranking hazards by risk 52 Decision-making 53 Controlling the risks 53 Monitoring 54 Health surveillance 54 Information to others 54 Format of risk assessments 54 Project risk assessments 54 Practical compliance 56 COSHH assessments 56 Manual handling assessments 58 Display screen equipment assessments 63 Control Strategies for Construction Work 71 Management 35 Objectives 35 Benefits 35 Designing for safety and health 71 Key elements 36 Planning the work 72 And if companies not all this? 38 Emergency procedures 73 Is it all just a pile of paperwork? 38 Setting up the site 75 World best practice 39 Safe place of work 75 The role of the client 40 References 86 iv CONTENTS The Health and Safety Plan Pre-tender Health and Safety Plan 96 Control of substances hazardous to health 96 Measurement and reduction of energy 97 Environmental objectives and targets 139 Environmental policies 139 References 140 consumption Developing the construction phase Health and Safety Plan Project safety management commitment statement Roles and responsibilities of project staff Project Major Emergency Plan 97 138 139 97 100 15 Construction Hazards and Solutions 144 Access equipment 144 104 Asbestos 148 Training needs 104 Children and third party safety 152 Training for management 107 Demolition 153 Environmental, health and safety specialists 108 Electricity 155 Legal requirements 108 Excavations 158 Training Falls 159 109 Maintenance 160 Meeting with contractors 109 Manual handling 161 Weekly safety meetings 110 Mechanical handling 165 Monthly safety meetings 111 Noise 168 Occupational health basics 171 10 Meetings 120 Personal protective equipment 174 Why people fail 120 Radiation 178 Ergonomics 121 Roofing work 181 Stress 122 Steel erection and decking 181 Communication 123 Transport on site 182 Reports 123 References 182 Getting the message across 124 Safety propaganda 125 References 125 11 Understanding People 12 Joint Consultation 126 The Safety Representatives and Safety Committees Regulations 1977 126 Consultation at site and project level 184 Access scaffolding 185 Asbestos-containing materials 186 Bitumen boilers 187 Cartridge tools 188 Chainsaws 189 Clearing sites 190 128 Cofferdams 191 129 Confined spaces 192 Demolition 193 The Health and Safety (Consultation with Employees) Regulations 1996 16 Quick Reference Guide 130 10 Disc cutters 194 Safety professionals 131 11 Disposal of waste materials 195 Other advice 132 12 Driving vehicles 196 13 Dumpers 197 13 Access to Information Part Environment, Health and Safety Issues 133 14 Electrical work to 415 volts 198 15 Erection of structures 199 135 16 Excavations 200 Waste management and pollution control 136 17 Falsework 201 Initial ground contamination 137 18 Fire on site 202 Remediation 137 19 Fork-lift trucks 203 Spillage control 137 20 Gas welding and cutting 204 Pesticide use and control 137 21 Hand tools 205 Hazardous waste management 138 22 Joinery workshops 206 14 Construction and the Environment v CONTENTS 23 Ladders and stepladders 207 Powers of inspectors 243 24 Lasers 208 Enforcement 243 25 Lifting equipment, general 209 The Management of Health and Safety at Work 26 Materials hoists 210 27 Mobile cranes 211 28 Mobile elevating work platforms 212 Regulations 1999 243 Summary of the Regulations relevant to the construction industry 244 Provision and Use of Work Equipment 29 Mobile towers 213 30 Portable electrical equipment 214 31 Powered tools Ð woodworking 215 32 Public protection 216 Some significant definitions 246 33 Pressure testing 217 Summary of the Regulations 247 34 Roadworks 218 Supply of Machinery (Safety) Regulations 1992 250 35 Sewage connections 219 References 251 36 Site transport 220 The Lifting Operations and Lifting Equipment Regulations 1998 and machinery safety requirements 246 37 Skips 221 Regulations 1998 (LOLER) 251 38 Steam and water cleaners 222 Some significant definitions 251 39 Storage of materials on site 223 Summary of the Regulations 252 40 Storage and use of LPG 224 Construction (Health, Safety and Welfare) Regulations 1996 253 41 Storage and use of HFL 225 42 Temporary electrical supplies 226 Some significant definitions 254 43 Working alone 227 Summary of the Regulations 254 44 Work on fragile roofs 228 Construction (Design and Management) Regulations 1994 260 45 Work with flat glass 229 46 Working at heights, general 230 Some significant definitions 260 47 Working in occupied premises 231 Summary of the Regulations 261 48 Work near underground services 232 The Confined Spaces Regulations 1997 264 49 Work under power lines 233 Summary of the Regulations 264 50 Work over water 234 The Control of Substances Hazardous to Health Regulations 2002 Part Legal Requirements 17 Construction Health and Safety Law 235 237 266 What is a `substance hazardous to health'? 267 Summary of the Regulations 267 The Personal Protective Equipment at Work Regulations 1992 269 Statute law 237 Types of statutory duty 238 Summary of the Regulations 269 Development of health and safety law 239 The Electricity at Work Regulations 1989 270 Common law 239 Summary of the Regulations 271 The Woolf reforms 240 The Reporting of Injuries, Diseases and The Health and Safety at Work etc Act 1974 240 General duties of employers 241 General duties of the self-employed 242 General duties of employees 242 General duties of manufacturers and suppliers 242 Charges 242 The Health and Safety Commission and Executive 242 Dangerous Occurrences Regulations 1995 272 Summary of the Regulations 273 18 Penalties 275 Index 277 Foreword Environment, health and safety are already crucial issues in What is needed is to embed these vital factors as values and the upper echelons of the construction industry Sadly, that as a part of all that our industry does, and not to regard is the exception rather than the rule, so, if our industry is to them merely as optional extras where time allows prosper in the twenty-first century, everyone at every level needs to understand the importance of these issues and The author draws upon his lifetime experience in construc- implement the practices that will safeguard both people tion-related health and safety to provide the information and our planet and the background material important for a full understanding of the issues involved The book is aimed at every This book is intended to fill the gap between a technical participant in the construction industry needing information manual and the many topic guidance notes such as those and guidance on current and future best practice published by the Health and Safety Executive Uniquely, the amount of space devoted to construction EH & S man- A positive change of attitudes among all players in our agement is the same as that given over to techniques and to industry is vital I welcome this book as a valuable con- the law Experience shows that time spent on pre-con- tribution to that goal Allan, who has worked with us across struction activity and planning is amply repaid during the the world to further the cause of site safety, is well placed construction phase of work, when safety issues can be much to make it happen more difficult to resolve Sir Frank Lampl President, Bovis Lend Lease Abbreviations MHSWR Management of Health and Safety at Work ANSI American National Standards Institute CAWR Control of Asbestos at Work Regulations 1987 CDM Construction (Design and Management) MORT Management oversight and risk tree Regulations 1994 NADO Notification of Accidents and Dangerous NEBOSH National Examination Board in Occupational Project Major Emergency Plan COSHH Regulations 1999 Occurrences (Regulations) Control of Substances Hazardous to Health Regulations Safety and Health CSCS Construction Skills Certification Scheme CTA Certificate of Training Achievement PMEP FMEA Failure modes and effects analysis PPE Personal protective equipment HSE Health and Safety Executive RIDDOR Reporting of Injuries, Diseases and Dangerous IOSH Institution of Occupational Safety and Health JSA Job safety analysis RPE Respiratory protective equipment MEWPS Mobile elevating work platforms Occurrences Regulations 1995 264 PRINCIPLES OF CONSTRUCTION SAFETY 17 which could reasonably be believed necessary to include in working on construction work, and the self-employed No the Health and Safety File employer can allow his employees to work on construction work, and no self-employed person can work, unless the Duties on the giving of information and training require- employer has been given specific pieces of information: ments are set out in Regulation 17 The Principal Contractor must (as far as is reasonably practicable) ensure n Contractor that every contractor is provided with comprehensible information on the risks to himself/herself and any The names of the Planning Supervisor and Principal n The Health and Safety Plan or relevant parts of it employees or persons under his/her control which are present as a result of the work In the same terms, the A defence is provided against prosecution in part (5), Principal Contractor must ensure that every contractor who which allows that this duty can be satisfied by showing employs people on the work provides his/her employees that all reasonable enquiries had been made and the with the information and training required by Regulations employer or self-employed person reasonably believed and 11(2)(b) of MHSWR either that the Regulations did not apply to the particular work being done or that he had in fact been given the Provision is made by Regulation 18 for receipt of advice information required from employees and the self-employed by the Principal Contractor, who must ensure that there is a suitable The Regulations have the same coverage as the Health and mechanism in place for discussing and conveying their Safety at Work etc Act 1974 by Regulation 20, and, except advice on health and safety matters affecting their work for two of them, not confer a right of civil action Arrangements for the co-ordination of these views of (Regulation 21) Breaches generally can only result in employees or their representatives are to be made having criminal prosecution This provision is the same as that regard to the nature of the work and the size of the contained in MHSWR The enforcing authority for the premises concerned Regulations is exclusively the HSE (Regulation 22) More detailed discussion of the roles of dutyholders under CDM is Contractors' duties are covered by Regulation 19(1), contained elsewhere in this book where in relation to a project they must co-operate with the Principal Contractor as necessary, provide the Principal Contractor with any relevant information which might THE CONFINED SPACES REGULATIONS 1997 affect anyone's health or safety while on the project or who The Confined Spaces Regulations (SI 1997 No 1713) came could be affected by it This information includes relevant into force on 28 January 1998, and apply in all premises and risk assessments, and information which might prompt a circumstances where the Health and Safety at Work Act review of the Health and Safety Plan for the project applies To comply with the Confined Spaces Regulations it Contractors must also comply with any directions of the will be necessary to consider other Regulations including Principal Contractor, and any applicable rules in the plan COSHH 99, PUWER 98, PPE and MHSWR The Regulations The Regulation requires contractors to provide the Princi- specify requirements and prohibitions to protect the health pal Contractor with any information which is notifiable by and safety of persons working in confined spaces and also the contractor to the enforcing authority under RIDDOR Ð those who may be affected by the work details of injuries, diseases and dangerous occurrences as defined which are related to the project Other information to be supplied by the contractor to the Principal Con- Summary of the Regulations tractor includes anything which he/she knows or could The definition of `confined space' is very wide and includes reasonably find out which the Principal Contractor does not any place such as trenches, vats, silos, pits, chambers, know and would reasonably be expected to pass to the sewers, wells or other similar spaces which because of their Planning Supervisor if he/she did know, in order to comply nature could give rise to a `specified risk' `Specified risks' with Regulation 16(e) Ð to amend the Health and Safety are defined in Regulation They include injury from fire File or explosion; loss of consciousness through a rise in body temperature or by asphyxiation; drowning; or from free- Regulation 19 contains in parts (2), (3) and (4) general flowing solids causing asphyxiation or preventing escape requirements to be observed by employers with employees from a space 17 265 CONSTRUCTION HEALTH AND SAFETY LAW Confined space hazards arise because of the confined nat- reasonably practicable to achieve the purpose without ure of the place of work and the presence of substances or entering the space Under the Health and Safety at Work conditions which, when taken together, increase risks to etc Act 1974 and the Construction (Design and Manage- safety and health It must be remembered that a hazard ment) Regulations 1994, there are duties on designers to can be introduced into a space that would otherwise be ensure that articles and buildings are designed to mini- safe mise foreseeable risks to health and safety, and engineers, designers and others should aim to eliminate or A `confined space' has two defining features: minimise the need to enter confined spaces Employers have a duty to prevent employees and others under their Such a space is substantially (although not necessarily entirely) closed, and There is a foreseeable risk from hazardous substances or control from entering or working inside a confined space when it is reasonably practicable to the work from outside conditions within the space or nearby Employers should consider (and be advised by designers to Obvious construction industry examples include manholes, consider) modifying the space to avoid the need for entry, shafts, inspection pits, cofferdams and brewing vats Less or allow work to be done from outside Working practices obvious are building voids, plant rooms, cellars, and the may need to be changed to make atmosphere testing, interiors of plant, machines or vehicles cleaning or inspections possible from outside the space using suitable equipment, sight glasses or CCTV Likely hazards include: To comply with Regulation 4, risk assessment will be n n Flammable substances, from either the contents of the necessary The priority in carrying out a confined spaces space or a nearby area risk assessment is to identify the measures necessary to Oxygen enrichment, for example from a leaking avoid work within the space Where the assessment shows welding cylinder that it is not reasonably practicable to the work without n Ignition of airborne contaminants entering the space, it can be used to identify the pre- n Fumes or sludge remaining from previous processes or cautions to be included in a safe system of work A com- contents These may release toxic or flammable gases petent person must carry out the risk assessment, and in when disturbed large or complex situations, more than one person may Oxygen deficiency, which can result from inert gas need to be involved n purging; from natural biological processes such as rusting, decomposition or fermentation; from pro- The factors to be assessed will include: cesses such as burning and welding; and as a result of n workers breathing within the space n The general situation and the risks that may be present Liquids entering the space from elsewhere, and solid n The previous contents of the space, including any residues and the effect of disturbing them materials which can flow into it n Heat exhaustion caused by working in the confined n The risk of contamination from adjacent spaces and nearby plant or machinery Where confined spaces are space or from nearby processes below ground, there is a particular risk of contaminaRegulation imposes a general duty on employers to ensure tion through soil strata or from outside machinery The that their employees comply with the Regulations The self- risk of ingress of substances from other areas should be considered employed must also comply with the Regulations, and both employers and the self-employed must ensure that those n ment over whom they have control comply as far as their control permits In many cases the employer or the self-employed The likelihood of oxygen deficiency or oxygen enrich- n The physical dimensions and layout of the space, the person will need to liaise with other parties to ensure that possibility of gas accumulation at different levels and their duties under the Regulations are fulfilled constraints on access and rescue n space to carry out work for any purpose, unless it is not Any hazards from the work process itself, including chemicals and sources of ignition Regulation requires that no one shall enter a confined n The requirements for rescue procedures 270 PRINCIPLES OF CONSTRUCTION SAFETY `Suitable' is defined as: 17 ment should be in writing and be kept available Review of it will be required if it is suspected to be no longer valid, or n Appropriate for the risks involved and the conditions n Taking account of ergonomic requirements and the n n n if the work has changed significantly state of health of the person wearing it Regulation requires all PPE to be maintained, replaced or Capable of fitting the wearer correctly after adjust- cleaned as appropriate Appropriate `accommodation' ments must be provided by the employer or self-employed when Effective to prevent or adequately control the risk the PPE is not being used (Regulation 8) `Accommodation' without leading to any increased risk (particularly includes pegs for helmets and clothing, carrying cases for where several types of PPE are to be worn) so far as is safety spectacles and containers for PPE carried in vehicles practicable In all cases, storage must protect from contamination, loss Complying with national and European conformity or damage (particularly from harmful substances, damp or standards in existence at the particular time (This sunlight) requirement does not apply to PPE obtained before the harmonising Regulations came into force, which can Regulation requires an employer who provides PPE to continue to be used without European Conformity give adequate and appropriate information, instruction and marks, but the employer must ensure that the equip- training to enable those required to use it Ð to know the ment he/she provides remains `suitable' for the pur- risks the PPE will avoid or limit, and the purpose, manner of pose to which it is put) use and action required by the employee to ensure the PPE remains in a fit state, working order, good repair and PPE is to be used as a last resort Steps should first be taken hygienic condition Information and instruction provided to prevent or control the risk at source by making must be comprehensible machinery or processes safer and by using engineering controls and systems of work Risk assessments made under By Regulation 10, every employer providing PPE must take the Management of Health and Safety at Work Regulations all reasonable steps to ensure it is properly used Further, 1999 will help determine the most appropriate controls Regulation 10 requires every employee provided with PPE to use it in accordance with the training and instruction Regulation requires the employer and others to ensure the given by the employer The self-employed must make full compatibility of PPE in circumstances where more than one and proper use of any PPE All reasonable steps must be item of equipment is required to control the various risks taken to ensure the equipment is returned to the accom- Before choosing any PPE the employer or the self-employed modation provided for it after use person must make an assessment to determine whether the proposed PPE is suitable (Regulation 6) This assessment of Employees provided with PPE are required under Regula- risk is necessary because no PPE provides 100% protection for tion 11 to report any loss or defect of that equipment to 100% of the time (it may fail in operation, it may not be worn their employer forthwith It should be noted that section correctly or at all, for example) and as with other assess- of the Health and Safety at Work etc Act 1974 requires that ments, judgement of types of hazard and degree of risk will no charges can be made to workers for the provision of PPE have to be made to ensure correct equipment selection The which is used only at work In practice, employers can and assessment must include: make supplementary charges for providing PPE which is more attractive than the basic item, where these are An assessment of any risks which have not been avoided requested by employees by any other means The definition of the characteristics which PPE must have in order to be effective against the risks, including any risks which the PPE itself may create A comparison of the characteristics of the PPE available with those referred to in (2.) THE ELECTRICITY AT WORK REGULATIONS 1989 The dangers of the use of electricity are, or should be, well known It is a curious yet disturbing fact that the majority of injuries due to electricity occur to electricians, who For PPE used in high-risk situations or for complicated would appear to be those most aware of the dangers pieces of PPE (such as some diving equipment) the assess- Electrical injuries form a relatively small proportion of all 17 271 CONSTRUCTION HEALTH AND SAFETY LAW construction lost-time injuries, but those suffering them transform, rectify/convert, conduct, distribute, control, have an enhanced risk of not surviving the experience as store, measure or use electrical energy Ð a very compre- compared with the risk of death from exposure to other hensive definition `Danger' means the risk of injury Ð construction hazards According to the Chinese authorities, where `injury' in this context means death or personal deaths from electrical contact account for as many as 20% injury from electric shock, burn, explosion or arcing, or of the total, so there is some limited evidence that control from a fire or explosion initiated by electrical energy, measures in the UK are relatively effective where any such death or injury is associated with electrical equipment Legislative control of electrical matters in the past has been concerned with not just the fundamental principles of Every work activity (including operation, use and main- electrical safety but also specific and detailed require- tenance of and work near electrical systems) shall be car- ments relating to particular plant and activities For many ried out so as not to give rise to danger, so far as is years, the Electricity (Factories Act) Special Regulations reasonably practicable (Regulation 4(3) Ð see also the 1908 and 1944 controlled the use of electricity at work further requirements of Regulations 12, 13, 14 and 16) These Regulations were enforced under the Factories Act 1961, and continued under the Health and Safety at Work Equipment provided for the purpose of protecting persons at etc Act 1974 Some of the requirements of those Regula- work near electrical equipment must be suitable, properly tions had become outdated as technology advanced and maintained and used (Regulation 4(4)) The term `pro- working and engineering practices changed to accom- tective equipment' as used here has a wide application, but modate it typically it includes special tools, protective clothing or insulating screening equipment, for example, which may be All the provisions of the Provision and Use of Work Equip- necessary to work safely on live electrical equipment ment Regulations 1998 are relevant to the present Regulations, which came into force on April 1990 They No electrical equipment shall be put into use where its removed the above drawbacks and provide a coherent and strength and capability may be exceeded, giving rise to practical code that applies to construction work as well as danger (Regulation 5) This requires that before equipment to all other work areas and to all workers is energised the characteristics of the system to which it is connected must be taken into account, including those Summary of the Regulations characteristics under normal, transient and fault condi- The Regulations generally consist of requirements which and the heating and electromagnetic effects of current tions The effects to be considered include voltage stress have regard to principles of use and practice, rather than identifying particular circumstances and conditions Action Electrical equipment must be protected and constructed is required to prevent danger and injury from electricity in against adverse or hazardous environments (such as: all its forms Employers, self-employed people and mechanical damage; weather; temperature or pressure; employees all have duties of compliance with the Regula- natural hazards; wet, dirty or corrosive conditions; flam- tions so far as they relate to matters within their control; mable or explosive atmospheres) (Regulation 6) these are all known as dutyholders Additionally, employees are required to co-operate with their employer so far is All conductors in a system which could give rise to danger necessary for the employer to comply with the Regulations must be insulated, protected or placed so as not to cause (Regulation 3) danger (Regulation 7) A `conductor' means a conductor of electrical energy The danger to be protected against All electrical systems must be constructed and maintained generally arises from differences in electrical potential at all times to prevent danger, so far as is reasonably (voltage) between circuit conductors and others in the practicable (Regulation 4(1) and 4(2)) An `electrical sys- system, such as conductors at earth potential The con- tem' is a system in which all electrical equipment is, or may ventional approach is to insulate them, or place them so be, electrically connected to a common source of electrical that people cannot receive electric shocks or burns energy, and includes the source and the equipment `Electrical equipment' includes anything used, intended to Precautions shall be taken, by earthing or by other suit- be used or installed for use to generate, provide, transmit, able means, to prevent danger from a conductor (other 272 PRINCIPLES OF CONSTRUCTION SAFETY 17 than a circuit conductor) which may become charged, No person shall be engaged in any work near a live con- either as a result of the use of the system or of a fault in ductor (unless insulated so as to prevent danger) unless: (a) the system (Regulation 8) A `circuit conductor' means it is unreasonable in all circumstances for it to be dead; (b) any conductor in a system which is intended to carry cur- it is reasonable in all circumstances for persons to be at rent in normal conditions, or to be energised in normal work on or near it while it is live; and (c) suitable pre- conditions This definition does not include a conductor cautions are taken to prevent injury (Regulation 14) provided solely to perform a protective function as, for example, an earth connection The scope of Regulation Adequate working space, means of access and lighting must is therefore such that it includes a substantial number of be provided at all electrical equipment on which or near types of conductor as requiring to be earthed, including which work is being done which could give rise to danger combined neutral and earth conductors, and others which (Regulation 15) Restrictions are placed on who can work may become charged under fault conditions such as metal where technical knowledge or experience is necessary to conduit and trunking, metal water pipes and building prevent danger or injury (Regulation 16) They must structures possess the necessary knowledge or experience or be under appropriate supervision having regard to the nature of the Restrictions are made on the placing of anything which work might give rise to danger (fuses, for example) in any circuit conductor connected to earth (Regulation 9) Connections Regulation 29 provides a means of defence in legal pro- used in the joining of electrical systems must be both ceedings, where a person charged can show that all mechanically and electrically suitable (Regulation 10) reasonable steps were taken and all due diligence was This means that all connections in circuits and protective exercised to avoid committing the offence conductors, including connections to terminals, plugs and sockets and any other means of joining or connecting conductors should be suitable for the purposes for which they are used Applying equally to both temporary and permanent connections, this Regulation covers supplies to construction site conditions THE REPORTING OF INJURIES, DISEASES AND DANGEROUS OCCURRENCES REGULATIONS 1995 As discussed in Part of this book, reliable information about types of accidents, incidents and the ways in which Systems must be protected from any dangers arising from they have happened can be a very useful tool to work with excess current (Regulation 11) The means of protection is in the prevention of future events of a similar kind The likely to take the form of fuses or circuit breakers con- information gained can be used to indicate how and where trolled by relays Other means are also capable of achieving problems occur, and demonstrates trends over time It is compliance There must be suitable means provided for important to distinguish between accidents, incidents and cutting off energy supply to and the isolation of electrical injuries Ð they are not the same Injury can occur as a equipment These means must not be a source of electrical result of an incident; the injury and the incident together energy themselves (Regulation 12(1) and (2)) In circum- amount to an accident (the common term) The reader is stances where switching off and isolation is impracticable, referred to Chapter for a discussion of this point as in large capacitors, for example, precautions must be taken to prevent danger so far as is reasonably practicable In 1985, when the first version of these Regulations (Regulation 12(3)) Switching off can be achieved by direct replaced the Notification of Accidents and Dangerous manual operation or by indirect operation by stop buttons Occurrences Regulations (NADO), the law properly recog- `Effective isolation' includes ensuring that the supply nised in the title of the Regulations that it requires the remains switched off and that inadvertent reconnection is collection of specified information about incidents which prevented This essential difference between `switching result in specified types of injury; in some cases it also off' and `isolation' is crucial to understanding and com- requires information about specified incidents with the plying with Regulation 13 This requires that adequate potential to cause serious physical injury, whether or not precautions are taken to prevent electrical equipment they produced such injury The enforcing authorities are made dead to be worked on from becoming electrically interested in assembling such information because it gives charged, for example, by adequate isolation of the equip- them knowledge of trends and performance (failure) ment statistics It also highlights areas for research, enforcement 17 273 CONSTRUCTION HEALTH AND SAFETY LAW or future legislation Following consultation on the func- Enforcing authority Ð the body responsible for the tioning of its predecessor, these Regulations were imple- enforcement of health and safety legislation relating to the mented on April 1996 premises where the injury or disease occurred Usually, this will be the HSE or the local authority's environmental The main purpose of the Regulations is to provide enforcing health department In case of doubt, reports should be authorities with information on specific injuries, diseases made to the HSE, which will forward the information to the and dangerous occurrences arising from work activities correct enforcing authority if this is not the HSE covered by the Health and Safety at Work etc Act The authorities are able to investigate only a proportion of the Major injury Ð the following injuries are classified as major: total, so the Regulations aim to bring the most serious n Any fracture, except to fingers, thumbs or toes n Any amputation Summary of the Regulations n Dislocation of shoulder, hip, knee or spine n Loss of sight (temporary or permanent) The Regulations cover employees, self-employed people n Eye injury from chemical or hot metal burn, and any injuries to their attention quickly penetrating eye injury and those who receive training for employment (as defined by the Health and Safety at Work etc Act), and also n Injury from electric shock or electric burn leading to unconsciousness, or requiring resuscitation or admit- members of the public, pupils and students, temporary tance to hospital for more than 24 hours workers and other people who die or suffer injuries or conditions specified, as a result of work activity n Where anyone dies or suffers any of the injuries or condi- n Loss of consciousness caused by asphyxia or by exposure to a harmful substance or biological agent Acute illness requiring medical treatment, or loss of tions defined in Schedule 1, or where there is a `dangerous consciousness arising from absorption of any substance occurrence' as defined in Schedule 2, as a result of work by inhalation, ingestion or through the skin activities, the `responsible person' must notify the relevant n Acute illness requiring medical treatment where there enforcing authority This must be done by the quickest is reason to believe it has resulted from exposure to a practicable means (usually by telephone) and a report must biological agent or its toxins, or infected materials be sent to them within 10 days (Regulation 3(1)) If the personal injury results in an absence of more than `Responsible person' Ð this may be the employer of the calendar days, but does not fall into the categories speci- person injured, a self-employed person, someone in control fied as `major', the written report alone is required (Reg- of premises where work is being carried out or someone ulation 3(2)) The day of the accident is not counted when who provides training for employment The `responsible calculating absence, but any days which would not have person' for reporting any particular injury or dangerous been working days are counted occurrence is determined by the circumstances, and the employment or other relationship of the person who is Where the injured person is a member of the public, and killed or suffers the injury or condition where the person is either killed or the injury is sufficient to warrant the injured person being taken directly from the Where death results within one year of a notifiable work scene to hospital, the injury is reportable by the occupier of accident or condition, the person's employer must notify the premises to the relevant enforcing authority (see the relevant enforcing authority in writing (Regulation 4) below) There is no prescribed form for this purpose Regulation contains interpretation of all significant When reporting injuries and dangerous occurrences, the terms used within the Regulations These include: approved form must be used (F2508) The reporting of diseases (on form F2508A) which are specified in Schedule Accident Ð the term is still relevant as a generic descriptor is required only when the employer receives a written of the event causing the injury The definition includes `a statement or other confirmation from a registered medical non-consensual act of physical violence done to a person at practitioner that the affected person is not only suffering work', and `an act of suicide which occurs on or in the from a listed disease but also that it has arisen in the course of operation of a relevant transport system' manner also specified in the Schedule (Regulation 5) 274 PRINCIPLES OF CONSTRUCTION SAFETY 17 Incidents involving death or major injury arising from the for an offence under the Regulations if he can prove that he supply of flammable gas must be notified to the HSE was not aware of the event which should have been forthwith and a written report must be sent on the reported and that he had taken all reasonable steps to have approved form (F2508G) within 14 days (Regulation 6) Gas such events brought to his notice (The presence of a fittings that are used by consumers and defined by the Gas suitable reporting procedure detailed as an arrangement Safety (Installation and Use) Regulations 1994 and which within an organisation's health and safety policy would, of are found on examination to be dangerous, must also be course, constitute such steps.) reported The Regulations not extend to cover: hospital patients Records must be kept by employers and others of those who die or are injured while undergoing treatment in hos- injuries, diseases and dangerous occurrences which require pital, dental or medical surgeries; members of the armed reporting (Regulation 7) Records can be kept in the form services killed or injured while on duty; people killed or of entries made in the accident book (Form BI 510) with injured on the road (except where the injury or condition reportable injuries and occurrences clearly highlighted, by results out of exposure to a substance conveyed by road, keeping photocopies of reports sent to the enforcing unloading or loading vehicles, or by maintenance and authorities, or on computer provided that they can be construction activities on public roads) or during train retrieved and printed out Keeping of computer records of travel (Regulation 10) They do, however, cover dangerous this type will require registration under the Data Protection occurrences on public and private roads Act if individuals can be identified Eight Schedules are attached to the Regulations An Records should be kept at the place of work or business, for extended and extensive list of dangerous occurrences can at least three years from the date they were made The be found in Schedule 2, which also contains special parts enforcing authorities may request copies of such records relating specifically to mines and quarries, offshore work- which must then be provided (Regulation 7(4)) Further places and relevant transport systems Schedule contains information may be requested by the enforcing authorities the list of occupational diseases and their corresponding about any injury, disease or dangerous occurrence Ð in work activities which make them reportable some situations analysis of the initial reports might highlight patterns or categories indicating a need for further Future refinements of RIDDOR may result following current legislation or action, and a deeper study requiring more consultation on the need for Regulations specifically detailed information may then be carried out by the HSE requiring employers to investigate the circumstances of all with the approval of the HSC accidents, and following the outcome of trials held in Scotland on the reporting of injury details by telephone Regulation 11 contains what amounts to a `due diligence' defence provision, whereby a person can escape conviction 18 Penalties The ultimate penalty to the individual is personal injury and injury or loss, as public interest demands punitive action the consequences of accidents to a business in terms of However, the breach lies in failure to comply with the law disruption and loss of reputation extend far beyond the and not in the result of that failure If an incident does ability of a court to impose financial and other penalties on occur, however, establishing a defence to the general those who break the law The use of Prohibition and requirements of (for example) the Health and Safety at Improvement Notices also contributes practical penalties in Work etc Act 1974 can be difficult when the results are terms of delays to the work and involvement of senior plain for all to see and the standard required is one of management Mostly, though, `penalties' are seen as the reasonable practicability outcome of court proceedings brought by the enforcement authorities against employers and employees Since November 1998, guidelines based on the case of R v Howe & Son (Engineers) Ltd (Court of Appeal case 97/10/ Breaches of health and safety law are criminal offences, 101/Y3) have been used by courts deciding on financial dealt with initially in Magistrates' Courts, and in most cases penalty and costs This company had appealed against a proceeding no further Local magistrates adjudicate on fine and costs imposed by Bristol Crown Court, on the about 97% of all criminal prosecutions, but can decline to grounds that the fine alone was 50% more than the com- deal with a case if they decide their powers of punishment pany's profit at the time of the accident which was the are not sufficient In that event, the case is heard in the subject of the prosecution Crown Court before a judge and jury Magistrates' sentencing powers are limited at present to a fine of up to The Court of Appeal reduced the fine but upheld the Crown £20 000 per offence against Sections 2Ð9 of the Health and Court's earlier view on costs In giving judgement, it was Safety at Work etc Act 1974, and up to £5 000 for offences said that the required standard of care does not depend on against other health and safety laws At the time of writing, the size of the employer's business or on its financial revised sentencing limits for magistrates are being pro- position The Court of Appeal also commented that the low posed, and the maximum fine is likely to rise to £20 000 for level of risk involved in the task which gave rise to a fatal all offences In the Crown Court there is no maximum electrocution was not a mitigating factor It accepted that financial penalty, and imprisonment for up to two years is the company's means and previous good record could be possible for a limited range of offences including disobeying taken into account The degree of risk, the extent and a Prohibition Notice and contravening a licensing require- duration of the breach of the law, and the fact that active ment (such as the unlicensed removal of asbestos) steps were taken to improve safety following the incident were also taken into account Recently, general sentencing policy of the courts has become more consistent Fines against construction com- The key questions in sentencing are: panies following major incidents can easily run into six figures, especially when the costs of an investigation are n How far short of the appropriate standard did the defendant fall? added to a fine Balfour Beatty Civil Engineering Ltd was fined £1 200 000 plus costs of £200 000 in 1999 following the n What actually happened? collapse of tunnels beneath London Heathrow Airport n Was there a deliberate breach of the law (perhaps with a view to profit)? Enforcement action is most often associated with physical n What attention had been paid to any previous warnings? 276 PRINCIPLES OF CONSTRUCTION SAFETY 18 If reliance is to be placed on mitigation based on the limited criminal liability of companies is that those who control or means of a person or business, this will have to be men- manage the affairs of the company are seen as embodying tioned at the earliest opportunity and backed with written the company itself Before a company can be convicted of proof manslaughter, an individual who can be `identified as the embodiment of the company itself' must first be shown to Courts are now required to give a reduction of up to a third have been guilty of manslaughter Only if that person is in a financial penalty where a `guilty' plea has been found guilty can the company be convicted Where there is entered at the earliest opportunity It is necessary to be insufficient evidence, any prosecution of the company must aware of this as a factor when deciding whether or not to fail Introduction of the corporate killing offence is aimed plead guilty! to change that position Moves towards the introduction of the new offence of A suspended one-year sentence was received by a manager corporate killing are considered likely to succeed in the in 1989 for a breach of the Health and Safety at Work etc future, following a major review by the Law Commission At Act 1974 The company concerned, David Holt Plastics Ltd., present, where directors and managers knew, or ought to and two of its directors, were fined a total of £48 000 after have known, that a serious and obvious risk of death exis- an incident, having ignored a Prohibition notice ted, a charge of manslaughter can be brought The maximum penalty for this is life imprisonment The present law The Company Directors Disqualification Act 1986 can be requires that `reckless' boardroom behaviour must be applied to health and safety breaches, as a Disqualification proved, and be attributable to an individual Order can be made against anyone convicted of `an indictable offence connected with the running of a The current governing principle in English law on the company' Index Abseiling equipment, 147 Access equipment, 144 Accident causes, 4, definition, investigation, 15 prevention, benefits of, prevention, techniques of, triangle, rates, recording, 15 report format, 15, 21, 22 Accountability, 36 Acts, unsafe, Asbestos control limits, 150 disposal, 152 legal requirements, 149 medical surveillance, 151 notification, 151 types, 149 Audit, 18, 37 Behaviour-based safety, 13, 38 Behavioural factors, 120 Benchmarking, 9, 38 Body defences, 172 Buried cables, 158 Causation primary, secondary, CDM Regulations, 40, 260 CE Mark, the, 177, 250 Children, 152 Client domestic, 41 role, 40 Climate, safety, Common law, 6, 239 Communication, 36, 123 Competence, 43 Competence, checks, 43 Conditions, unsafe, Confined Spaces Regulations, 264 Construction Regulations (CHSWR), 253 Consultation, 126, 241, 264 Contractor, 41 Contractor, principal, 42 Co-operation, 36 Co-ordination, 36 COSHH Regulations, 10, 266 assessment, 56 Cost benefit analysis, 53 direct, indirect, Cranes, 165 Dangerous occurrences, 10 Decking, 181 Demolition, 153 Dermatitis, 173 Design, 42, 71, 262 Designer, duties, 72 Display screen equipment, risk assessment, 63 Du Pont, principles of safety management, 35 Electricity, 155 Electrical equipment testing, 157 Electricity Regulations, 270 Energy consumption, 139 Environmental objectives, 135, 139 opportunity audit checklist, 141 policies, 139 sample audit, 142 Emergency information checklist, 103 management team, 102 plan, 73, 100 Ergonomics, 5, 63, 121 Errors, 120 Excavations, 158 Falls general, 159 openings, 159 scaffolders, 160 File, health and safety, 41, 44, 263 Fire precautions, 73 Fork lift trucks, 167 Frequency rate, 15 Good neighbour policy, 75 checklist, 86 Ground contamination, 137 Hand arm vibration syndrome, 174 Hazard, definition of, Hazardous wastes, 138 Health occupational, surveillance, 54, 57 Health and Safety at Work Act, 240 Health and Safety File, 44 Health and Safety Plan, 41, 96 Hearing protection, 170 Hoists, 166 Human failure, 121 Improvement Notice, 243 Incident, definition of, Information retrieval, 130 Injury, Injury, types of, Inspection, 18, 259 Inspection, techniques of, 19 Investigation report format, 16 techniques of, 17 Job safety analysis, 51, 52 Joint consultation, 126 Key performance indicators, 15 Ladders, 145, 255 Law civil, 6, 239 statute, 6, 238 LOLER, 251 Machinery Safety Regulations, 250 Maintenance, 160 Management Regulations (MHSWR), 243 Manual handling injuries, 161 risk assessment, 58 risk reduction, 61 training, 165 Mast-elevated working platforms, 147 Mechanical handling, 165 Meetings with contractors, 109 prestart meeting agenda, 110 weekly/monthly safety, 110, 111 278 Method statements, 51, 76, 154 Mobile elevating work platforms, 147 Monitoring active, 37 reactive, 37 Morale, Noise control, 169 hearing damage, 168 legal requirements, 170 measurement, 168 Notifiable work (CDM), 41 Occupational health basics, 171 Overhead cables, 233 Penalties, 275 Permit to work systems, 77 model permits, 78 `Person-day', 91 Personal protective equipment, 152, 174 Personal Protective Equipment Regulations, 269 Pesticide use and control, 137 Plan, health and safety, 41, 263 Planning supervisor, 40, 44, 263 Pollution air, 136 water, 136 Posters, 124, 125 Principal contractor, 42 Prohibition Notice, 243 Project major emergency plan, 100 Project safety commitment statement, 97 Protective clothing, 176 Provision and Use of Work Equipment Regulations (PUWER), 246 Quick reference guide A-Z Access scaffolding, 185 Asbestos-containing materials, 186 Bitumen boilers, 187 Cartridge tools, 188 Chainsaws, 189 Clearing sites, 190 Cofferdams, 191 Confined spaces, 192 Demolition, 193 Disc cutters, 194 Disposal of waste materials, 195 Driving vehicles, 196 Dumpers, 197 Electrical work to, 415 volts, 198 Erection of structures, 199 Excavations, 200 Falsework, 201 Fire on site, 202 Fork lift trucks, 203 INDEX Gas welding and cutting, 204 Hand tools, 205 Joinery workshops, 206 Ladders and stepladders, 207 Lasers, 208 Lifting equipment, general, 209 Materials hoists, 210 Mobile cranes, 211 Mobile elevating work platforms, 212 Mobile towers, 213 Portable electrical equipment, 214 Powered tools, woodworking, 215 Pressure testing, 217 Public protection, 216 Roadworks, 218 Sewage connections, 219 Site transport, 220 Skips, 221 Steam and water cleaners, 222 Storage and use of HFL, 225 Storage and use of LPG, 224 Storage of materials on site, 223 Temporary electrical supplies, 226 Working alone, 227 Working at heights, general, 230 Working in occupied premises, 231 Work near underground services, 232 Work on fragile roofs, 228 Work over water, 234 Work under power lines, 233 Work with flat glass, 229 Radiation control of exposure, 179 ionising, 178 non-ionising, 179 Rate frequency, 15 severity, 15 Recycling, 136 Remediation, 137 Report writing, 15, 123 Representatives of employee safety, 128 Respiratory protective equipment, 175 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), 10, 272 Risk assessment format, 54 generic, 50 of project, 54 qualitative, 50 quantitative, 50 Risk, definition of, Roles of project staff, 97 Roofing work, 181 Safe place of work, 75 Safe system of work, 76 Safety committees, 129 consultants, 132 culture, 120, 97 footwear, 177 harnesses, 177 helmets, 176 management, 35 policy, 46 precedence sequence, 53 professionals, training of, 108 propaganda, 124 representatives, 126 training, 104 Safety meetings, 109 Safety policy arrangements, 48 commercial, 47 distribution, 49 organisation, 48 revision, 47, 49 Scaffolders, fall protection for, 160 Scaffolding general, 145 towers, 146 Self-employed, legal duties of, 242 Selling the safety message, 124 Severity rate, 15 Skin protection, 177 Source reduction, 136 Spillage control, 137 Statute law, 6, 238 Steel erection, 181 Stepladders, 145 Storage of flammables, 74, 224, 225 Stress, 122 Supervisors, 38, 104 Suspended cradles, 146 Sustainable development, 135 Toxicity, 172 Training craft and skills, 104, 105 driver, 105 fire and emergency, 106 first aid, 105 induction, 104, 106 management, 107 project induction, 106 Transport on site, 182 Trestles, 145 Vehicle movements, 73, 182 Vibration, 174 Waste control, 136 Web sites, 131 Woolf reforms, 240 Working platforms, 255 World best practice, 39 Young persons, employment of, 244, 245 [...]... health and safety which meets the needs of the business and complies with the law A discussion of the ideas involved in safety management can be found in Chapter 4, and most of the law on construction safety is covered in Part 3 of this book There are seven principles to be observed in setting up strategies for control and management of health and safety at work in the construction industry If they are followed,... and the like have been informed] 11 Name and status of the person sending this Report 12 Signature Day 13 Date of this Report: FOR SAFETY OFFICE USE ONLY: DATE REPORT RECEIVED: PROJECT MANAGER FURTHER CONTACTED: ACTION Month Year 22 PRINCIPLES OF CONSTRUCTION SAFETY Figure 3.2: Detailed accident report form DETAILED ACCIDENT REPORT YOURCO (Sheet 1 of 2) Accident Report No: Project Name: Distribution:... any event in the UK the competence the costs of accidents showed that for the construction site issue is at the heart of the Construction (Design and Man- under review, the direct costs were a small proportion of agement) Regulations 1994 (CDM) the total and produced a direct:indirect ratio of 1:11 This ratio is commonly illustrated as an `iceberg', because of Conversely, inability to satisfy requirements... issue the PPE to them 6 PRINCIPLES OF CONSTRUCTION SAFETY 1 Example: Extensive work on a flat roof may require the The cost in human suffering, physical pain and hardship presence of a large number of workers from different resulting from death and disability is impossible to quantify employers, in addition to supervisory staff, clients, etc In Ð we know that there are hundreds of lives lost each year... appropriate protection would be construction and related industries, with tens of thousands provided by perimeter barriers, rather than by giving of serious injuries and countless numbers of more minor `everyone' a safety harness Installing permanent edge injuries We can only guess at the disruption to lives of protection during the main construction process instead of workers and their families which... countries, notably the Member States of the European Union, and Australia, have begun to address the secondary causes as well, forcing attention to be paid to all organisational aspects of safety management Techniques of accident prevention Accident prevention in construction is not just a matter of setting up a list of rules and making safety inspections, although both of these have their place What is... almost one-third of annually in the Health and Safety Commission's Statistical the total There is claimed to be a marked reduction, of Review The information can be regarded only as an indi- about 25%, in the head injuries rate overall, following the cation of the position for any given year introduction of the Construction (Head Protection) Regulations on 1 April 1990 In most years, at least 40% of all... Safety Executive's publication Blackspot Construction is still recommended reading, although now out of print It com- Occupational health and hygiene mented that in a sample studied, 90% of fatalities were Traditionally the construction industry's high level of injury found to be preventable, and in 70% of cases positive accidents has received the attention of enforcement, management action could have... the study (75% of all deaths) were of that problem has led to a neglect of the less tangible maintenance (42%), transport and mobile plant (20%) and consequences of occupational hygiene and health prob- demolition/dismantling (13%) lems, apart from well-publicised topics such as asbestos There is little general awareness of just how big the occu- Table 2.3 shows the distribution of causes of fatalities... are in construction; compare the the years 1997/98 and 1998/99, considering all workers in numbers already discussed for conventional injuries with the industry Some activities, of course, are frequent the fact that mesothelioma, a form of cancer linked spe- sources of injury, but rarely result in a fatality Ð manual cifically to asbestos exposure, kills around 1400 people 10 PRINCIPLES OF CONSTRUCTION