In this country, what are the main rules relating to health and safety on construction sites? Do these rules in any way relate to the use of the development after construction is completed?
In Angola the main rules relating to health and safety are in the following decrees:
Nevertheless, specific regulations on health and safety on construction sites are expected soon as, under Joint Dispatch No. 183/15, of 1 June 2015, a technical working group has been created for drafting regulations and a guidebook on health and safety on construction sites.
The health and safety requirements may vary depending on the use of the building (retail, industry or services). There are also some specific health and safety regulations regarding oil industry buildings. There are also specific rules depending on the location and type of construction.
Yes, in the construction industry health and safety issues are ruled by executive decree 911/96. This regulation establishes the rights and obligations of the parties involved in the construction industry for the creation of safe working environments, and the safety measures to be adopted at each stage of a construction project. This technical text provides details for the health and safety of workers, addressing aspects such as worksite facilities, personal protective equipment, collective protections, organisational aspects, and other related topics.
The Commonwealth (Federal Government) together with each state and territory has effected legislation to regulate occupational health and safety or work health and safety (OHS or WHS) in each jurisdiction. Each jurisdiction has a principal WHS Act which imposes general health and safety duties. These duties are performance-based obligations rather than highly prescriptive requirements. Most States and Territories have harmonized their legislation, except for Victoria and Western Australia. Western Australia has indicated that it will introduce harmonizing legislation, but Victoria has not made such an indication.
The primary WHS Act in each jurisdiction is supported by detailed performance regulations based on a risk management approach to safety as well as authoritative Codes of Practice applicable to particular industries or activities. Due to the high risk of serious injury associated with it, the construction industry and many activities within it are subject to tight statutory regulation.
The WHS legislation in each jurisdiction imposes duties on employees, those working at the workplace and those who have sufficient control of the workplace, to ensure the health and safety of any person who might be affected by their actions or what they failed to do. Generally speaking, in the construction industry, WHS duties are imposed on more than one duty holder at the site as the responsibilities are concurrent and overlapping. At a construction site, there are WHS duties on:
Each jurisdiction requires that the duty holder under the relevant WHS Act must ensure the health and safety of those who may be affected so far as is reasonably practicable. In order to gauge what steps are ‘reasonably practicable’, the responsible party must conduct itself in accordance with generally accepted risk management principles. These include the need to balance:
Failure to comply with WHS obligations leaves the person or company liable to criminal prosecution for which fines can be ordered to be paid by a court. For very serious breaches of WHS legislation, a term of imprisonment can be imposed.
Specific regulations deal with construction activities because of the inherent risk of personal injury associated with the industry.
The main body of Belgian health and safety law is comprised in the Law of 4 August 1996 regarding the well-being of employees in the execution of the works and its executive decrees, primarily the Code of Well-Being at Work. The Code of Well-Being at Work is a consolidation of numerous royal decrees adopted in execution of the Law of 4 August 1996, including the Royal Decree of 25 January 2001 relating to the temporary or mobile construction sites.
In addition to a number of general obligations imposed on all employers in Belgium (eg drafting of a global prevention plan and an annual action plan), additional obligations may apply to temporary or mobile construction sites, including the following:
Finally, the aforementioned legislation on public procurement (and in particular, the Royal Decree of 14 January 2013 on the general execution rules of public contracts) also contain specific provisions and obligations towards the contractor with regard to health and safety on the construction site during the execution of a public contract.
The Rulebook on Construction Sites, Mandatory Documentation and Participants at Construction Sites lays down the minimum requirements for sites. For instance, the client/employer is obliged to designate the site clearly, temporary construction at the site must comply with fire protection rules and procedures and the client/employer must provide a safe environment for workers and visitors there. Air pollution at the site must be managed as well as noise levels. The client/employer must at all times maintain records containing exact details of work carried out on the site, the quantity and quality of the work done and data which might affect the work.
The Law on Spatial Planning and Use of Land regulates health and safety measures for use of the development once construction is completed.
In Brazil, the entitled Regulatory Standards (Normas Regulamentadoras) aim to protect workers from health and safety risks in the practice of their activities. Regarding civil construction, for example, Regulatory Standard No. 8 establishes minimum technical requirements that must be observed in the workplace, Regulatory Standard No. 10 defines safety standards related to electricity in buildings and Regulatory Standard No. 35 provides for minimum requirements for protection of construction work at height, all of them issued by the Ministry of Labour.
Safety standards in Canada are regulated by the provinces and territories, each one having its own occupational health and safety legislation. However, there is federal legislation that relates to employees of the federal government, as well as to employees of federally regulated businesses and industries, such as:
In most cases, contractors must be registered with their local workers’ safety organization. There are specific rules in each province and federally to protect the health and safety of works on construction sites. Different rules apply when construction is completed.
The main rules relating to health and safety on construction sites are the Construction Law, the Safe Production Law and the Regulations on the Administration of Work Safety of Construction Projects. In addition, health and safety laws are implemented on a provincial level, and vary from province to province. Generally, these laws are not detailed and do not relate the use of a development after construction is completed.
In addition to the general obligation to maintain health and safety in the workplace, Resolution 2413 of 1979 sets out the main requirements for health and safety on construction sites. Under this resolution, employers must:
This obligation applies to any construction site with 50 or more employees.
Health and safety on construction sites is regulated by the provisions of the Act on Safety at Work (Official Gazette No. 71/14, 118/14, 154/14, 94/18 and 96/18) and the Act on Construction (Official Gazette No. 153/13, 20/17, 39/19, 125/19). The Act on Construction also separately regulates the use after completion of the construction.
The main regulations relating to health and safety on construction sites are the following:
Legislation also regulates the conditions (relating to health and safety) for employees that work in the premises after the completion of construction.
In Denmark, the Health and Safety at Work Act dated 19 September 2017 is the most important legislation regulating health and safety on a construction site. There are also various statutory regulations relating to health and safety at the workplace in addition to the Health and Safety at Work Act from 2017.
The Danish health and safety legislation only applies while the construction is being built and not after construction is completed.
In France, health and safety is governed by the French Labour Code and the French Housing and Construction Code.
French law requires a health and safety plan to be prepared and maintained until completion of construction works. This plan needs to set out the arrangements for the project, taking into account the risks to health and safety, and must include arrangements for monitoring compliance by all persons involved. In addition, a health and safety file must be maintained for use at any subsequent time. This must contain information which relates to the structure ‘as built’, and must be available to all future occupiers and contractors carrying out work on the structure.
Duties are imposed on the owner (maître d’ouvrage) to appoint a ‘coordinator’ (who performs a statutory health and safety role) and a ‘principal contractor’ (who will usually be the main building contractor) for any project. The coordinator’s role is to coordinate the health and safety aspects of the early stages of the project, including the health and safety plan and the health and safety file. The principal contractor must develop and update the health and safety file, ensure that rules are created regarding the site and provide guidance and directions to any other contractor.
The applicable health and safety regulations vary in accordance with the use of the building and its main characteristics. As regards the use of the building, some regulations will be applicable if the building is open to the general public (établissement recevant du public) (such as retail stores). As for the characteristics of the building, some regulations will be applicable if the building is a high rise structure (immeuble de grande hauteur) or a middle-rise structure (immeubles de moyenne hauteur).
Apart from the general duty to maintain safety the Ordinance on health and safety on construction sites (Baustellenverordnung – BaustellV) sets out the main requirements with regard to health and safety on construction sites:
These requirements refer only to the construction site during the construction phase and not to the use of the development after completion.
In Hong Kong, the following legislation is important regarding construction site safety:
These rules mainly relate to health and safety during the construction process and not the use of the development after construction is completed.
Statutory duties give rise to criminal liability which means that an offender can be prosecuted by the enforcement agencies and brought before the courts to answer criminal charges in addition to civil liability in tort (ie the law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations).
There are several statutory regulations relating to health and safety in the workplace and on construction sites, including provisions relating to protective clothing and equipment, maintenance of a safe working environment, mandatory training and fire protection rules etc. Certain construction activities require the presence of professionals qualified in fire protection.
The parties usually agree in the construction contract that the (main) contractor will be the person liable to ensure that the health and safety regulations are complied with on the construction site. Furthermore, one of the main roles of the technical manager (who coordinates and manages the construction works) employed by the main contractor is to ensure that the works are in full compliance with the applicable laws and regulations, including health and safety regulations.1 Necessary steps are required to be taken already in the design stage preceding the construction itself (eg the designer shall appoint in advance in the process of preparing the construction master plan a coordinator for upholding occupational safety and health requirements and shall make recommendations for the completion of the working drawings from the point of view of health and safety at works). Contractors are required to use a coordinator during construction works also. The construction superintendent shall implement the coordinator’s reasoned recommendations. The contractor may begin setting up the construction site only if a safety and healthcare plan is enclosed with the construction master plan.
Following completion and takeover, liability shifts to the employer (or owner) and in practice transforms into a liability to maintain and repair the building and to keep it in a proper condition which does not endanger health and safety.2
1Gov. Decree 191/2009, 13-14.§, 4/2002 Decree of the Minister of Social and Family Affairs and the Minister of Health on minimum requirements for the protection of workers atconstruction sites and during construction processes
2Gov. Decree 191/2009, 34.§ (5), (6), Construction Act 54.§ (2)
Health and safety law in Ireland is governed by statute, by way of both primary and secondary legislation. Statutes provide detailed provisions in relation to safety in the workplace. These include preventative measures, requirements for the appointment of safety personnel and the imposition of general duties on employees and employers. The applicable secondary legislation is derived from EU law. The primary and secondary legislation imposes duties on all employers (ie “clients”), contractors, sub-contractors and professional consultants both in the design and construction phases of any project which includes or is intended to include construction work.
The Safety, Health and Welfare at Work (Construction) Regulations 2013 (the “Regulations”) require clients to make two statutory appointments for each project:
The regulations generally deal with parties' obligations pre-completion. However, the Employer/Client and the Designer are required to ensure that the constructed premises can be maintained safely and without risk to health during subsequent use. In addition, other obligations exist in relation to the creation, maintenance and handing over of the safety file.
Environmental assessment and sustainability: What type of legislation exists dealing with environmental issues affecting building works and with promoting sustainable developments?
Air emissions are regulated by the Air Pollution Act 1987 (as amended). Water pollution is regulated by the Local Government (Water Pollution) Act 1977 and the Local Government (Water Pollution) (Amendment) Act 1990 (as amended). The legislation covers the issue of licences, discharge of effluent to sewers etc. The EPA is also responsible for issuing Greenhouse Gas Emissions Permits (GHG Permits).
Emissions from industrial facilities and polluting activities (which are those activities listed in the Schedule to the Environmental Protection Agency Act 1992 (the 1992 Act) are controlled by way of the issue of licences by the Environmental Protection Agency. Part IV 1992 Act originally set out the basis on which the Agency may police and prosecute licence holders for failure to comply with licence conditions. Section 15 of the Protection of the Environment Act 2003 (as amended) (“2003 Act”) has since replaced Part IV of the 1992 Act. Section 86(1)(a)(iv) of the 1992 Act (as inserted by the 2003 Act) requires that it may be a condition in each licence that each Licence Holder monitor and report emissions to the Agency. It further requires a Licence Holder to confirm to the Agency whether he has complied with the licence conditions and if he has not, to indicate in what respect he has not complied. Failure to comply with the conditions attached to a licence is an offence under the 2003 Act.
The Waste Management Act 1996 and the Waste Management (Amendment) Act 2001 provides the statutory basis for waste management in Ireland. There are specific provisions under the Waste Management Act 1996, as amended that regulate construction and demolition waste and in particular by-product notification. The EPA has published guidance “Best Practice Guidelines for the preparation of resources & waste management plans for construction & demolition projects” which follows the policy measures detailed in the Waste Action Plan for a Circular Economy.
The environmental requirements for building works in Ireland are governed primarily by primary legislation. Secondary legislation exists governing the energy performance of buildings in accordance with the EC Energy Performance of Buildings Regulation 2006. The European Communities (Energy Performance of Buildings) Regulations 2008 require that a “Building Energy Rating Certificate” is provided in the sale or letting of all buildings, new and old. The certificate is effectively an energy label which is issued on foot of a report which sets out recommendations for cost-effective methods of improving the energy rating of the building. However, the recommendations are not binding.
SI 183 European Union (Energy Performance of Buildings) Regulations 2019 which were published on 3 May 2019 and SI 292 European Union (Energy Performance of Buildings) (No. 2) Regulations 2019 which were published on 2 July 2019. These Regulations were effective from 1 November 2019 and require all new buildings and buildings where substantial works are being completed to be NZEB (Near Zero Energy Buildings) compliant.
The NZEB requirements are set out in the Technical Guidance Documents to the Regulations and in particular Schedule 2 – Part L6 Conservation of Fuel and Energy Dwellings in respect of dwellings and Part L Conservation of Fuel and Energy – Buildings other than Dwellings (implemented under Building Regulations 2017).
Further changes are expected with a greater focus expected on the climate impact of the building stock which are responsible for 40% energy consumption. On 7 December 2023 provisional agreement was reached between the European Parliament and the European Council to reduce the emissions and energy use of buildings across the EU further. The strengthened Energy Performance of Buildings Directive (EPBD) will support the EU's efforts to decarbonise buildings across the whole Union. The recast EPBD is expected to be published in early 2024 with the aim of achieving a zero emissions building stock by 200 and greater focus on delivering NZEB buildings. Further changes will be made to the Building Regulations and the technical guidance. There are also proposals to introduce a building passport system and if adopted by Ireland will give greater visibility on the sale or purchase of a property the requirements and steps needed to achieve an improvement in energy performance.
Health and safety in relation to construction activities is regulated by Legislative Decree No. 81 of 9 April 2008 (Safety Law).
The underlying principle of the Safety Law is to protect the health and safety of workers during the execution of their working activities within any relevant workplace (including construction site works). The Safety Law applies to all productive sectors except for, among other things, the research of, enquiries into and cultivation and storage of liquid and gaseous hydrocarbons within certain territories.
The Safety Law also establishes:
Under the Industrial Safety and Health Act (ISHA), employers are obligated to take measures necessary to prevent health hazards etc. at construction sites. The ISHA also applies to the use of the completed building.
Some examples of such health hazards are as follows:
Other than the ISHA, employers also have to comply with multiple guidelines published by the government.
The Working Conditions Act (Arbeidsomstandighedenwet) prescribes the rights and obligations of employers and employees in relation to working conditions. This legislation applies in all circumstances where works are carried out and other further (statutory) rules apply. The Act applies to the working conditions at construction sites.
The Environmental plan and Environmental Buildings Decree prescribes the minimum construction requirements that all structures in the Netherlands must meet. These requirements concern safety, health, usefulness, energy efficiency and the environment. In addition, all municipalities apply additional rules in local building regulations. These rules can therefore differ between municipalities. Additional regulations might be set at local (municipal) level via the Environment plan.
The Health and Safety at Work Act 2015 contains the rules for health and safety on construction sites. It imposes duties on both the contractor managing the site and on the project owner directly. These obligations cannot be contracted out of.
The contractor managing and controlling the site has the most direct and primary health and safety duties.
The project owner also has a range of overlapping duties. This includes ensuring (as far as is reasonably practicable) the health and safety of any workers “influenced” or “directed” by the person conducting a business or undertaking (PCBU) and ensuring (as far as is reasonably practicable) that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the project owner's business or undertaking. There is also a duty on the project owner (so far as is reasonably practicable) to consult, cooperate with and coordinate activities with all other PCBUs who have a duty in relation to the same matter (eg designers, the main contractor and other parties on the site).
Generally, the duties under the Health and Safety at Work Act 2015 apply irrespective of how the development is to be used post-completion. However, the use of the development will be relevant to a designer in discharging their “safety in design” obligations under the legislation.
There are statutory provisions that provide for health and safety in buildings whether during construction or after completion. The minimum legal requirements relating primarily to health safety and welfare of the workforce which must be considered in planning and execution of construction works are specified under regulations provided in laws such as the Labour Act Cap L1 LFN 2004, the Factories Act Cap F1 LFN 2004, the Employees Compensation Act 2010, Fire Service Regulation 2019, Corona Virus Disease (COVID-19) Health Protection Regulations, 2021, and the National Building Code 2006.
The health and safety rules and regulations prescribed under the relevant statutes do not only regulate health and safety in the construction process, but also stipulate minimum standards for the use of the developments after the construction. The Nigerian Social Insurance Trust Fund Management Board implements the Employees Compensation Act which makes provisions for compensation in cases of death, injuries, diseases and disability arising from employment.
The Factories Act enables the Inspectorate Department of the Federal Ministry of Labour and Productivity to enforce minimum standards and requirements of health and safety under the Act. There is currently a bill awaiting the assent of the President known as the Labour, Safety, Health, and Welfare Bill which seeks to repeal the Factories Act and when passed into law will provide a comprehensive Occupational Health and Safety Legislation in Nigeria.
Following the outbreak of COVID-19 in Nigeria, the Corona Virus Disease (COVID-19) Health Protection Regulations, 2021 was passed into law by the President of the Federal Republic of Nigeria to protect the health and wellbeing of all Nigerians. Part 1 of the COVID-19 Regulations mandates all persons to maintain physical distancing of at least 2 meters and that not more than 50 persons shall be in an enclosed place at a time. Part 2 of the Regulations further mandates all persons to wear mask, wash hands, and submit self for body temperature checks whenever accessing an establishment or workplace. Also, under the Regulations, employers or establishment owners are mandated to ensure compliance with provisions of the Regulations, failing which the offender will be liable on summary conviction to a fine or imprisonment term of six months or both.
Health and safety measures on construction sites are regulated by the Working Environment Act of 2005 (Arbeidsmiljøloven) and its associated regulations.
The most important provisions affecting the Norwegian construction industry, in respect of health and safety, are the regulations commonly referred to as ‘the Builder Regulation’ of 2009 (byggherreforskriften). These regulations are based on the European Council Directive 92/57/EEC on minimum safety and health requirements at temporary or mobile work sites.
The Builder Regulations of 2009 require that a written health, safety and working environment plan is created before the project is started and kept until six months after the work is completed. The plan is custom made for each particular project and must be easily accessible and made available to the workers at all times. This plan needs to set out the arrangements for the project, taking into account the potential risks to health and safety.
If the work is expected to exceed 15 days in duration or if the level of work is expected to exceed 250 man-days, the builder is required to give prior notice to the Norwegian Labour Inspection Authority. This notice must be sent at least one week before the work starts.
When there are several different elements of work on the construction site (whether they take place at the same time or successively), the client must appoint a ‘Health and Safety co-ordinator’. The Health and Safety co-ordinator’s role is to co-ordinate the project so that regulations on health and safety are followed, including the health and safety plan. In addition, the Health and Safety co-ordinator must constantly update a list of every person who is carrying out work at the construction site.
Negligent or intentional breach of the Builder Regulation will give rise to criminal liability.
There are various statutory regulations relating to safe plant and machinery in the workplace, the provision of protective clothing and equipment, training, supervision and the maintenance of a safe working environment, the control of hazardous substances, the control of major accident hazards and fire precautions. Statutory duties give rise to criminal liability which means that an offender can be prosecuted by enforcement agencies and brought before the courts to answer alleged offences in addition to civil liability.
In accordance with Polish Building Law the building and the building facilities connected thereto shall be designed and built, taking into account the anticipated period of use, in the manner specified in the relevant legislative provisions, including technical and building regulations and principles of technical knowledge.
The building object shall be used in the manner consistent with its use and environmental protection requirements, and its appropriate technical condition and external appearance shall be maintained, protecting it against excessive deterioration of its condition and technical efficiency.
In Portugal, the main statutes that govern health & safety matters on construction sites are:
In Romania, the general framework regarding health and safety on construction sites is governed by Law No. 319/2006 regarding health and safety at work and Government Decision no. 300/2006 regarding minimum health and safety standards for temporary or mobile sites, implementing Directive 89/391/EEC (the “Decision”).
The aim of the Decision is to protect construction workers by establishing various procedures, regulations and responsibilities in order to ensure construction quality. The Decision imposes an obligation on the project manager to assign a coordinator and to prepare a health and safety plan.
In addition, there are several pieces of legislation that provide for specific rules and regulations in specific areas (eg asbestos or noise).
In the Slovak Republic, the fundamental legislation is the Health and Safety Act by means of which the Council Directive of 12 June 1989 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work has been implemented. The general principle of the Health and Safety Act is to prevent damage to the health of workers at work. Furthermore, the employer must appoint a number of employees' safety representatives (the number of representatives depends upon the number of employees).
With regard to the safety of buildings, the Health and Safety Act stipulates a number of general requirements. In particular, it requires that the technical documentation for buildings shall include requirements for ensuring safety and protection of health at work during the preparation, construction, re-building and the building's future operation. Furthermore, the technical documentation has to contain an operating instruction for safe use and maintenance and conditions for executing controls and inspections.
Further matters on the health and safety of buildings are regulated in subordinate legislation (such as in governmental decrees No. 391/2006 Coll., 392/2006 Coll. and 396/2006 Coll., which govern the minimum safety requirements).
The obligations of the employer (contractor) in the field of health and safety shall terminate as of the handover of the work.
Law 31/1995, of 8 November, on the Prevention of Risks at Work sets out, among other things, that companies must have 1) a risk prevention plan, 2) a risk evaluation and 3) an emergency plan. Companies are obliged to provide their employees with information and training on health and safety issues, and carrying out periodical medical checks on them.
In addition, there are various statutory regulations setting out specific obligations relating to the supervision and maintenance of a safe working environment, noise in the workplace, measures relating to pregnant employees, etc.
The most important regulations on health and safety issues in the construction industry are the following:
Whilst Decree Law 1627/1997 and Law 32/2006 apply only while the construction is being undertaken, the obligations set out under Law 31/1995 and Decree Law 171/2004 must be complied with after the construction is completed.
Finally, it is also worth noting that an infraction of the obligations contained in these regulations may give rise to the imposition of severe sanctions of an administrative nature. Likewise, companies and their managers may be found liable under administrative, civil or even criminal law regimes.
Under the Working Environment Act (Arbetsmiljölagen) and the Building Act (Plan-och Bygglagen) the employer is responsible for coordinating measures to protect the workers on the construction site from illness and accidents.
The act does not apply in relation to the use of the development after the construction works are completed.
In particular, the Building Control Act (BCA) stipulates the application process for a building construction permit, restrictions on the construction of the building, safety, fire protection and various other matters. The BCA therefore must be carefully considered by developers or contractors before commencing the construction of a building.
Health and safety laws and requirements are governed by both the federal law of the UAE and the law of the emirate of Abu Dhabi. The principal law governing entities and employees is Federal Law (8) of 1980 as amended ('Labour Law'). In addition various Decisions of the Ministry of Labour and Social Affairs are also relevant.
The Labour Law and Ministerial Decisions set out the main standards suitable for occupational health and safety and imposes obligations on both the employer and the employee. An example of these obligations is the obligation on the employer to display the health and safety requirements on site in a prominent position and in the language of the employees. Training must be conducted on the dangers of not complying with the instructions as well as other general preventative measures to be taken.
The Labour Law needs to be taken into consideration after the completion of construction. The obligations under it are ongoing.
In addition to the federal law, Abu Dhabi has passed legislation which initiates the Environmental Health and Safety Management System (EHSMS) for the emirate. This system is to be managed by the EHSMS Higher Committee, the EHSMS Centre and the Environmental Agency of Abu Dhabi and covers both environmental and health and safety policies and regulations. This system requires nominated entities to create an Environmental Health and Safety Management System to comply with the Abu Dhabi EHSMS. As part of the Abu Dhabi EHSMS, a number of regulatory instruments (including Codes of Practice) have been issued and are mandatory. The current version of the Abu Dhabi EHSMS (including the Codes of Practice) is available on the official website of the Abu Dhabi EHSMS Centre.
Health and safety laws and requirements are governed by both the federal law of the UAE and the law of the emirate of Dubai. The principal law governing entities and employees in relation to health and safety is the Labour Law. In addition, various Decisions of the Ministry of Labour and Social Affairs are also relevant.
The Labour Law and Ministerial Decisions set out the main standards suitable for occupational health and safety and imposes obligations on both the employer and the employee. An example of these obligations is the obligation on the employer to display the health and safety requirements on site in a prominent position and in the language of the employees. Training must be conducted on the dangers of not complying with the instructions as well as other general preventative measures to be taken.
The Labour Law needs to be taken into consideration after the completion of construction.
In addition to the federal law, Dubai has additional codes of practice, circulars and technical decisions relating to specific environmental and occupational health and safety issues. These are very specific and are issued by Dubai Municipality, JAFZA and TECOM, depending on where the construction takes place. Examples include circulars regarding asbestos and its disposal, hazardous wastes and hot working conditions.
In the UK, the Health and Safety at Work etc Act 1974 is the single most important piece of legislation affecting health and safety in the workplace. There are also countless subordinate regulations that relate to safe plant and machinery in the workplace, the provision of protective clothing and equipment, training, supervision and the maintenance of a safe working environment, the control of hazardous substances, the control of major accident hazards and fire precautions and various other matters.
Statutory duties give rise to criminal liability; this means an offender can be prosecuted by the enforcement agencies and brought before the courts to answer alleged offences in addition to civil liability in tort (ie the law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations).
The most important health and safety regulations are the Construction (Design and Management) Regulations 2015, commonly referred to as ‘the CDM Regulations’. These transpose, into UK law, European directives on the implementation of minimum requirements at temporary and mobile work sites and therefore include construction sites.
The CDM Regulations require two documents to be created: first, a ‘construction phase plan’ which needs to be maintained throughout the duration of the construction work on site (until completion of the project) and, second, a ‘health and safety file’. This plan needs to detail the health and safety arrangements on site for the project. The health and safety file’ needs to contain all information relating to the structure ‘as built’ and must be available to all future owners and occupiers and contractors who carry out work on the structure. It is, therefore, the more important of the two documents as it relates to use of the development after construction has been completed.
The regulations impose duties on clients procuring construction work to appoint a ‘principal designer’ (who performs a statutory health and safety management role) and a ‘principal contractor’ (almost always the main building contractor) for any project. The principal designer’s role is to co-ordinate all health and safety aspects of the project and, specifically, to create, update and then hand over the health and safety file (at completion). The principal contractor is responsible for the construction phase plan that details the rules regarding the site with guidance and directions to other contractors.
Amendments to the Building Regulations 2010 introduced by the Building Safety Act 2022 as part of the new building safety regime require the appointment of dutyholders (who may be the same dutyholders as those appointed under the CDM Regulations), who are responsible for ensuring that buildings are designed and built in accordance with the relevant building regulations. Where the building under construction is a higher-risk building (being a building over 18m or 7 storeys in height and containing at least two residential units), in addition to the more rigorous building control requirements to ensure compliance with building regulations, the principal designer and principal contractor have further duties, such as obligations to submit a report to the building safety regulator if a safety occurrence occurs – this will be something that affects the structural integrity or fire safety of the building to such a degree that might result in injury to or death of a significant number of people.
The Building Safety Act 2022 also introduces new requirements for higher-risk residential buildings during occupation, including the appointment of a competent Accountable Person to oversee the ongoing safety arrangements of an occupied higher-risk building and the maintenance of the golden thread of information, which is information created and collated during the construction phase, and used during occupation or when there are any further works to ensure the building remains safe and continues to comply with relevant building regulations.
In the UK, the Health and Safety at Work etc Act 1974 is the single most important piece of legislation affecting health and safety in the workplace. In addition, there are various statutory regulations (sub‑ordinate legislation enacted pursuant to powers granted under statutes) relating to safe plant and machinery in the workplace, the provision of protective clothing and equipment, training, supervision and the maintenance of a safe working environment, the control of hazardous substances, the control of major accident hazards and fire precautions. Statutory duties give rise to criminal liability which means that an offender can be prosecuted by the enforcement agencies and brought before the courts to answer alleged offences in addition to civil liability in delict (ie the law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations).
The most important regulations affecting the UK construction industry are the Construction (Design and Management) Regulations 2015, commonly referred to as “the CDM Regulations”. These Regulations transpose into UK law the European Council Directive 92/57/EEC on the implementation of minimum safety and health requirements at temporary or mobile work sites.
The CDM Regulations require two documents to be created: first, a 'construction phase plan' which needs to be maintained throughout the duration of the construction work on site (until completion of the project) and, second, a 'health and safety file'. This plan needs to detail the health and safety arrangements on site for the project. The health and safety file" needs to contain all information relating to the structure 'as built' and must be available to all future owners and occupiers and contractors who carry out work on the structure. It is, therefore, the more important of the two documents as it relates to use of the development after construction has been completed.
The regulations impose duties on clients procuring construction work to appoint a 'principal designer' (who performs a statutory health and safety management role) and a 'principal contractor' (almost always the main building contractor) for any project. The principal designer's role is to co-ordinate all health and safety aspects of the project and, specifically, to create, update and then hand over the health and safety file (at completion). The principal contractor is responsible for the construction phase plan that details the rules regarding the site with guidance and directions to other contractors.
General issues and concepts for health and safety on construction sites are determined in Ukraine by the Law of Ukraine ‘On the Protection of Labour’ No. 2694-XII, dated 14 October 1992 and the Law of Ukraine ‘On the Approval of the National Initiative for the Improvement of the State of Safety, Health and Manufacturing Sectors for 2014-2018’ No. 178-VII, dated 4 April 2013 (the ‘Initiative’).
The Initiative envisages that Ukrainian legislation in the sphere of health and safety protection should be brought into compliance with EU regulations and contains general guidelines to be followed in order to achieve this. More specific rules are laid down in regulations, eg State Construction Regulations or State Sanitary Regulations. It should be noted that important international conventions on health and safety in construction (eg Convention of International Organization of Labour No. 167, dated 20 June 1988 on Safety and Construction Health) have still not been ratified by Ukraine.
Depending on the designated use of a building (eg an industrial facility) some rules relating to health and safety may be applicable to the operation of that building after completion of the construction works.
The main agency in charge of enforcing federal safety and health legislation is the Occupational Health and Safety Administration (OSHA) in the US Department of Labor. Congress created OSHA to assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance.
The regulations and safety standards, known as the Occupational Safety and Health Act of 1970 (Act), regulate health and safety in the workplace. Some of the areas addressed by the Act with respect to construction are:
In addition, the federal Advisory Committee on Construction Safety and Health (ACCSH) has been in place almost 40 years to focus on construction standards and policy matters affecting federally-financed or assisted construction.
The US Environmental Protection Agency (EPA) also is charged with protecting human health and the environment and has promulgated many requirements and protections for the safety of workers on construction sites as well as those occupying buildings after construction. To name just a few, regulations include the discovery, handling, and remediating of hazardous materials on a site, the kinds of materials used in construction, pollution prevention, providing for storm water and drainage, and sustainability guidelines.
Both OSHA and EPA regulations address workers constructing buildings and occupying buildings. In addition to OSHA and the EPA, which are federal, most states also have enacted safety regulations. Safety regulations also can be and are promulgated at regional and local levels through codes, ordinances, rules, and regulations by other governing bodies.
Health and safety rules are guided by a number of statutes. The main acts to be observed in terms of health and safety in construction works are the Labour Act [Chapter 28.01], the National Social Security Authority Act [Chapter 17.04], Factories and Works Act [Chapter 14.08] Environmental Management Act [Chapter 20:27], the Pneumoconiosis Act [Chapter 15:08].
There are also some specific rules that govern the use of land and buildings, depending on the nature of the structure and the permitted use of the land. An example would be restrictions on the use of land and water in the vicinity of aerodromes. In general, local authorities have adopted the Model Use and Occupation of Land and Buildings By-laws while city councils have adopted Public Health By-laws which regulate the permitted uses of land and buildings within their jurisdiction.
