Made | 7th February 2007 | ||
Laid before Parliament | 15th February 2007 | ||
Coming into force | 6 April 2007 |
1. | Citation and commencement |
2. | Interpretation |
3. | Application |
4. | Competence |
5. | Co-operation |
6. | Co-ordination |
7. | General principles of prevention |
8. | Election by clients |
9. | Client's duty in relation to arrangements for managing projects |
10. | Client's duty in relation to information |
11. | Duties of designers |
12. | Designs prepared or modified outside Great Britain |
13. | Duties of contractors |
14. | Appointments by the client where a project is notifiable |
15. | Client's duty in relation to information where a project is notifiable |
16. | The client's duty in relation to the start of the construction phase where a project is notifiable |
17. | The client's duty in relation to the health and safety file |
18. | Additional duties of designers |
19. | Additional duties of contractors |
20. | General duties of CDM co-ordinators |
21. | Notification of project by the CDM co-ordinator |
22. | Duties of the principal contractor |
23. | The principal contractor's duty in relation to the construction phase plan |
24. | The principal contractor's duty in relation to co-operation and consultation with workers |
25. | Application of Regulations 26 to 44 |
26. | Safe places of work |
27. | Good order and site security |
28. | Stability of structures |
29. | Demolition or dismantling |
30. | Explosives |
31. | Excavations |
32. | Cofferdams and caissons |
33. | Reports of inspections |
34. | Energy distribution installations |
35. | Prevention of drowning |
36. | Traffic routes |
37. | Vehicles |
38. | Prevention of risk from fire etc. |
39. | Emergency procedures |
40. | Emergency routes and exits |
41. | Fire detection and fire-fighting |
42. | Fresh air |
43. | Temperature and weather protection |
44. | Lighting |
45. | Civil liability |
46. | Enforcement in respect of fire |
47. | Transitional provisions |
48. | Revocations and amendments |
SCHEDULE 1— | PARTICULARS TO BE NOTIFIED TO THE EXECUTIVE (or Office of Rail Regulation) |
SCHEDULE 2— | WELFARE FACILITIES |
SCHEDULE 3— | PARTICULARS TO BE INCLUDED IN A REPORT OF INSPECTION |
SCHEDULE 4— | REVOCATION OF INSTRUMENTS |
SCHEDULE 5— | AMENDMENTS |
(2) Any reference in these Regulations to a plan, rules, document, report or copy includes a plan, rules, document, report or copy which is kept in a form—
(3) For the purposes of these Regulations, a project is notifiable if the construction phase is likely to involve more than—
of construction work.
Application
3.
—(1) These Regulations shall apply—
(2) Subject to the following paragraphs of this regulation, these Regulations shall apply to and in relation to construction work.
(3) The duties under Part 3 shall apply only where a project—
(4) Part 4 shall apply only in relation to a construction site.
(5) Regulations 9(1)(b), 13(7), 22(1)(c), and Schedule 2 shall apply only in relation to persons at work who are carrying out construction work.
(2) Any reference in this regulation to a person being competent shall extend only to his being competent to—
imposed on him by or under any of the relevant statutory provisions.
Co-operation
5.
—(1) Every person concerned in a project on whom a duty is placed by these Regulations, including paragraph (2), shall—
(2) Every person concerned in a project who is working under the control of another person shall report to that person anything which he is aware is likely to endanger the health or safety of himself or others.
Co-ordination
6.
All persons concerned in a project on whom a duty is placed by these Regulations shall co-ordinate their activities with one another in a manner which ensures, so far as is reasonably practicable, the health and safety of persons—
General principles of prevention
7.
—(1) Every person on whom a duty is placed by these Regulations in relation to the design, planning and preparation of a project shall take account of the general principles of prevention in the performance of those duties during all the stages of the project.
(2) Every person on whom a duty is placed by these Regulations in relation to the construction phase of a project shall ensure so far as is reasonably practicable that the general principles of prevention are applied in the carrying out of the construction work.
Election by clients
8.
Where there is more than one client in relation to a project, if one or more of such clients elect in writing to be treated for the purposes of these Regulations as the only client or clients, no other client who has agreed in writing to such election shall be subject after such election and consent to any duty owed by a client under these Regulations save the duties in regulations 5(1)(b), 10(1), 15 and 17(1) insofar as those duties relate to information in his possession.
Client's duty in relation to arrangements for managing projects
9.
—(1) Every client shall take reasonable steps to ensure that the arrangements made for managing the project (including the allocation of sufficient time and other resources) by persons with a duty under these Regulations (including the client himself) are suitable to ensure that—
(2) The client shall take reasonable steps to ensure that the arrangements referred to in paragraph (1) are maintained and reviewed throughout the project.
Client's duty in relation to information
10.
—(1) Every client shall ensure that
is promptly provided with pre-construction information in accordance with paragraph (2).
(2) The pre-construction information shall consist of all the information in the client's possession (or which is reasonably obtainable), including—
which is relevant to the person to whom the client provides it for the purposes specified in paragraph (3).
(3) The purposes referred to in paragraph (2) are—
(b) without prejudice to sub-paragraph (a), to assist the persons to whom information is provided under this regulation—
Duties of designers
11.
—(1) No designer shall commence work in relation to a project unless any client for the project is aware of his duties under these Regulations.
(2) The duties in paragraphs (3) and (4) shall be performed so far as is reasonably practicable, taking due account of other relevant design considerations.
(3) Every designer shall in preparing or modifying a design which may be used in construction work in Great Britain avoid foreseeable risks to the health and safety of any person—
(4) In discharging the duty in paragraph (3), the designer shall—
and in so doing shall give collective measures priority over individual measures.
(5) In designing any structure for use as a workplace the designer shall take account of the provisions of the Workplace (Health, Safety and Welfare) Regulations 1992 which relate to the design of, and materials used in, the structure.
(6) The designer shall take all reasonable steps to provide with his design sufficient information about aspects of the design of the structure or its construction or maintenance as will adequately assist—
to comply with their duties under these Regulations.
Designs prepared or modified outside Great Britain
12.
Where a design is prepared or modified outside Great Britain for use in construction work to which these Regulations apply—
shall ensure that regulation 11 is complied with.
Duties of contractors
13.
—(1) No contractor shall carry out construction work in relation to a project unless any client for the project is aware of his duties under these Regulations.
(2) Every contractor shall plan, manage and monitor construction work carried out by him or under his control in a way which ensures that, so far as is reasonably practicable, it is carried out without risks to health and safety.
(3) Every contractor shall ensure that any contractor whom he appoints or engages in his turn in connection with a project is informed of the minimum amount of time which will be allowed to him for planning and preparation before he begins construction work.
(4) Every contractor shall provide every worker carrying out the construction work under his control with any information and training which he needs for the particular work to be carried out safely and without risk to health, including—
(c) the measures which have been identified by the contractor in consequence of the risk assessment as the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions;
(d) any site rules;
(e) the procedures to be followed in the event of serious and imminent danger to such workers; and
(f) the identity of the persons nominated to implement those procedures.
(5) Without prejudice to paragraph (4), every contractor shall in the case of any of his employees provide those employees with any health and safety training which he is required to provide to them in respect of the construction work by virtue of regulation 13(2)(b) of the Management of Health and Safety at Work Regulations 1999.
(6) No contractor shall begin work on a construction site unless reasonable steps have been taken to prevent access by unauthorised persons to that site.
(7) Every contractor shall ensure, so far as is reasonably practicable, that the requirements of Schedule 2 are complied with throughout the construction phase in respect of any person at work who is under his control.
(5) Any reference in this regulation to appointment is to appointment in writing.
Client's duty in relation to information where a project is notifiable
15.
Where the project is notifiable, the client shall promptly provide the CDM co-ordinator with pre-construction information consisting of—
The client's duty in relation to the start of the construction phase where a project is notifiable
16.
Where the project is notifiable, the client shall ensure that the construction phase does not start unless—
The client's duty in relation to the health and safety file
17.
—(1) The client shall ensure that the CDM co-ordinator is provided with all the health and safety information in the client's possession (or which is reasonably obtainable) relating to the project which is likely to be needed for inclusion in the health and safety file, including information specified in regulation 4(9)(c) of the Control of Asbestos Regulations 2006[7].
(2) Where a single health and safety file relates to more than one project, site or structure, or where it includes other related information, the client shall ensure that the information relating to each site or structure can be easily identified.
(3) The client shall take reasonable steps to ensure that after the construction phase the information in the health and safety file—
(4) It shall be sufficient compliance with paragraph (3)(a) by a client who disposes of his entire interest in the structure if he delivers the health and safety file to the person who acquires his interest in it and ensures that he is aware of the nature and purpose of the file.
Additional duties of designers
18.
—(1) Where a project is notifiable, no designer shall commence work (other than initial design work) in relation to the project unless a CDM co-ordinator has been appointed for the project.
(2) The designer shall take all reasonable steps to provide with his design sufficient information about aspects of the design of the structure or its construction or maintenance as will adequately assist the CDM co-ordinator to comply with his duties under these Regulations, including his duties in relation to the health and safety file.
Additional duties of contractors
19.
—(1) Where a project is notifiable, no contractor shall carry out construction work in relation to the project unless—
(2) Every contractor shall—
(b) promptly identify any contractor whom he appoints or engages in his turn in connection with the project to the principal contractor;
(c) comply with—
(d) promptly provide the principal contractor with the information in relation to any death, injury, condition or dangerous occurrence which the contractor is required to notify or report under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995[8].
(3) Every contractor shall—
General duties of CDM co-ordinators
20.
—(1) The CDM co-ordinator shall—
(c) liaise with the principal contractor regarding—
(2) Without prejudice to paragraph (1) the CDM co-ordinator shall—
such of the pre-construction information in his possession as is relevant to each;
(c) take all reasonable steps to ensure that designers comply with their duties under regulations 11 and 18(2);
(d) take all reasonable steps to ensure co-operation between designers and the principal contractor during the construction phase in relation to any design or change to a design;
(e) prepare, where none exists, and otherwise review and update a record ("the health and safety file") containing information relating to the project which is likely to be needed during any subsequent construction work to ensure the health and safety of any person, including the information provided in pursuance of regulations 17(1), 18(2) and 22(1)(j); and
(f) at the end of the construction phase, pass the health and safety file to the client.
Notification of project by the CDM co-ordinator
21.
—(1) The CDM co-ordinator shall as soon as is practicable after his appointment ensure that notice is given to the Executive containing such of the particulars specified in Schedule 1 as are available.
(2) Where any particulars specified in Schedule 1 have not been notified under paragraph (1) because a principal contractor has not yet been appointed, notice of such particulars shall be given to the Executive as soon as is practicable after the appointment of the principal contractor, and in any event before the start of the construction work.
(3) Any notice under paragraph (1) or (2) shall be signed by or on behalf of the client or, if sent by electronic means, shall otherwise show that he has approved it.
(4) Insofar as the project includes construction work of a description for which the Office of Rail Regulation is made the enforcing authority by regulation 3(1) of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006[9], paragraphs (1) and (2) shall have effect as if any reference to the Executive were a reference to the Office of Rail Regulation.
Duties of the principal contractor
22.
—(1) The principal contractor for a project shall—
(b) liaise with the CDM co-ordinator in performing his duties in regulation 20(2)(d) during the construction phase in relation to any design or change to a design;
(c) ensure that welfare facilities sufficient to comply with the requirements of Schedule 2 are provided throughout the construction phase;
(d) where necessary for health and safety, draw up rules which are appropriate to the construction site and the activities on it (referred to in these Regulations as "site rules");
(e) give reasonable directions to any contractor so far as is necessary to enable the principal contractor to comply with his duties under these Regulations;
(f) ensure that every contractor is informed of the minimum amount of time which will be allowed to him for planning and preparation before he begins construction work;
(g) where necessary, consult a contractor before finalising such part of the construction phase plan as is relevant to the work to be performed by him;
(h) ensure that every contractor is given, before he begins construction work and in sufficient time to enable him to prepare properly for that work, access to such part of the construction phase plan as is relevant to the work to be performed by him;
(i) ensure that every contractor is given, before he begins construction work and in sufficient time to enable him to prepare properly for that work, such further information as he needs—
(j) identify to each contractor the information relating to the contractor's activity which is likely to be required by the CDM co-ordinator for inclusion in the health and safety file in pursuance of regulation 20(2)(e) and ensure that such information is promptly provided to the CDM co-ordinator;
(k) ensure that the particulars required to be in the notice given under regulation 21 are displayed in a readable condition in a position where they can be read by any worker engaged in the construction work; and
(l) take reasonable steps to prevent access by unauthorised persons to the construction site.
(2) The principal contractor shall take all reasonable steps to ensure that every worker carrying out the construction work is provided with—
The principal contractor's duty in relation to the construction phase plan
23.
—(1) The principal contractor shall—
(2) The principal contractor shall take all reasonable steps to ensure that the construction phase plan identifies the risks to health and safety arising from the construction work (including the risks specific to the particular type of construction work concerned) and includes suitable and sufficient measures to address such risks, including any site rules.
The principal contractor's duty in relation to co-operation and consultation with workers
24.
The principal contractor shall—
or both.
(3) No timber or other material with projecting nails (or similar sharp object) shall—
if the nails (or similar sharp object) may be a source of danger to any person.
Stability of structures
28.
—(1) All practicable steps shall be taken, where necessary to prevent danger to any person, to ensure that any new or existing structure or any part of such structure which may become unstable or in a temporary state of weakness or instability due to the carrying out of construction work does not collapse.
(2) Any buttress, temporary support or temporary structure must be of such design and so installed and maintained as to withstand any foreseeable loads which may be imposed on it, and must only be used for the purposes for which it is so designed, installed and maintained.
(3) No part of a structure shall be so loaded as to render it unsafe to any person.
Demolition or dismantling
29.
—(1) The demolition or dismantling of a structure, or part of a structure, shall be planned and carried out in such a manner as to prevent danger or, where it is not practicable to prevent it, to reduce danger to as low a level as is reasonably practicable.
(2) The arrangements for carrying out such demolition or dismantling shall be recorded in writing before the demolition or dismantling work begins.
Explosives
30.
—(1) So far as is reasonably practicable, explosives shall be stored, transported and used safely and securely.
(2) Without prejudice to paragraph (1), an explosive charge shall be used or fired only if suitable and sufficient steps have been taken to ensure that no person is exposed to risk of injury from the explosion or from projected or flying material caused thereby.
Excavations
31.
—(1) All practicable steps shall be taken, where necessary to prevent danger to any person, including, where necessary, the provision of supports or battering, to ensure that—
(2) Suitable and sufficient steps shall be taken to prevent any person, work equipment, or any accumulation of material from falling into any excavation
(3) Without prejudice to paragraphs (1) and (2), suitable and sufficient steps shall be taken, where necessary, to prevent any part of an excavation or ground adjacent to it from being overloaded by work equipment or material;
(4) Construction work shall not be carried out in an excavation where any supports or battering have been provided pursuant to paragraph (1) unless—
(b) the person who carried out the inspection is satisfied that the work can be carried out there safely.
(5) Where the person who carried out the inspection has under regulation 33(1)(a) informed the person on whose behalf the inspection was carried out of any matter about which he is not satisfied, work shall not be carried out in the excavation until the matters have been satisfactorily remedied.
Cofferdams and caissons
32.
—(1) Every cofferdam or caisson shall be—
(2) A cofferdam or caisson shall be used to carry out construction work only if—
(b) the person who carried out the inspection is satisfied that the work can be safely carried out there.
(3) Where the person who carried out the inspection has under regulation 33(1)(a) informed the person on whose behalf the inspection was carried out of any matter about which he is not satisfied, work shall not be carried out in the cofferdam or caisson until the matters have been satisfactorily remedied.
Reports of inspections
33.
—(1) Subject to paragraph (5), the person who carries out an inspection under regulation 31 or 32 shall, before the end of the shift within which the inspection is completed—
(2) A person who prepares a report under paragraph (1) shall, within 24 hours of completing the inspection to which the report relates, provide the report or a copy of it to the person on whose behalf the inspection was carried out.
(3) Where the person owing a duty under paragraph (1) or (2) is an employee or works under the control of another, his employer or, as the case may be, the person under whose control he works shall ensure that he performs the duty.
(4) The person on whose behalf the inspection was carried out shall—
and send to the inspector such extracts from or copies of it as the inspector may from time to time require.
(5) Nothing in this regulation shall require as regards an inspection carried out on a place of work for the purposes of regulations 31(4)(a)(i) and 32(2)(a)(i), the preparation of more than one report within a period of 7 days
Energy distribution installations
34.
—(1) Where necessary to prevent danger, energy distribution installations shall be suitably located, checked and clearly indicated.
(2) Where there is a risk from electric power cables—
shall be provided or (in the case of measures) taken.
(3) No construction work which is liable to create a risk to health or safety from an underground service, or from damage to or disturbance of it, shall be carried out unless suitable and sufficient steps (including any steps required by this regulation) have been taken to prevent such risk, so far as is reasonably practicable.
Prevention of drowning
35.
—(1) Where in the course of construction work any person is liable to fall into water or other liquid with a risk of drowning, suitable and sufficient steps shall be taken—
(2) Suitable and sufficient steps shall be taken to ensure the safe transport of any person conveyed by water to or from any place of work.
(3) Any vessel used to convey any person by water to or from a place of work shall not be overcrowded or overloaded.
Traffic routes
36.
—(1) Every construction site shall be organised in such a way that, so far as is reasonably practicable, pedestrians and vehicles can move safely and without risks to health.
(2) Traffic routes shall be suitable for the persons or vehicles using them, sufficient in number, in suitable positions and of sufficient size.
(3) A traffic route shall not satisfy sub-paragraph (2) unless suitable and sufficient steps are taken to ensure that—
(d) any loading bay has at least one exit point for the exclusive use of pedestrians; and
(e) where it is unsafe for pedestrians to use a gate intended primarily for vehicles, one or more doors for pedestrians is provided in the immediate vicinity of the gate, is clearly marked and is kept free from obstruction.
(4) Every traffic route shall be—
(5) No vehicle shall be driven on a traffic route unless, so far as is reasonably practicable, that traffic route is free from obstruction and permits sufficient clearance.
Vehicles
37.
—(1) Suitable and sufficient steps shall be taken to prevent or control the unintended movement of any vehicle.
(2) Suitable and sufficient steps shall be taken to ensure that, where any person may be endangered by the movement of any vehicle, the person having effective control of the vehicle shall give warning to any person who is liable to be at risk from the movement of the vehicle.
(3) Any vehicle being used for the purposes of construction work shall when being driven, operated or towed—
(4) No person shall ride or be required or permitted to ride on any vehicle being used for the purposes of construction work otherwise than in a safe place thereon provided for that purpose.
(5) No person shall remain or be required or permitted to remain on any vehicle during the loading or unloading of any loose material unless a safe place of work is provided and maintained for such person.
(6) Suitable and sufficient measures shall be taken so as to prevent any vehicle from falling into any excavation or pit, or into water, or overrunning the edge of any embankment or earthwork.
Prevention of risk from fire etc.
38.
Suitable and sufficient steps shall be taken to prevent, so far as is reasonably practicable, the risk of injury to any person during the carrying out of construction work arising from—
Emergency procedures
39.
—(1) Where necessary in the interests of the health and safety of any person on a construction site, there shall be prepared and, where necessary, implemented suitable and sufficient arrangements for dealing with any foreseeable emergency, which arrangements shall include procedures for any necessary evacuation of the site or any part thereof.
(2) In making arrangements under paragraph (1), account shall be taken of—
(3) Where arrangements are prepared pursuant to paragraph (1), suitable and sufficient steps shall be taken to ensure that—
Emergency routes and exits
40.
—(1) Where necessary in the interests of the health and safety of any person on a construction site, a sufficient number of suitable emergency routes and exits shall be provided to enable any person to reach a place of safety quickly in the event of danger.
(2) An emergency route or exit provided pursuant to paragraph (1) shall lead as directly as possible to an identified safe area.
(3) Any emergency route or exit provided in accordance with paragraph (1), and any traffic route giving access thereto, shall be kept clear and free from obstruction and, where necessary, provided with emergency lighting so that such emergency route or exit may be used at any time.
(4) In making provision under paragraph (1), account shall be taken of the matters in regulation 39(2).
(5) All emergency routes or exits shall be indicated by suitable signs.
Fire detection and fire-fighting
41.
—(1) Where necessary in the interests of the health and safety of any person at work on a construction site there shall be provided suitable and sufficient—
which shall be suitably located.
(2) In making provision under paragraph (1), account shall be taken of the matters in regulation 39(2).
(3) Any fire-fighting equipment and any fire detection and alarm system provided under paragraph (1) shall be examined and tested at suitable intervals and properly maintained.
(4) Any fire-fighting equipment which is not designed to come into use automatically shall be easily accessible.
(5) Every person at work on a construction site shall, so far as is reasonably practicable, be instructed in the correct use of any fire-fighting equipment which it may be necessary for him to use.
(6) Where a work activity may give rise to a particular risk of fire, a person shall not carry out such work unless he is suitably instructed.
(7) Fire-fighting equipment shall be indicated by suitable signs.
Fresh air
42.
—(1) Suitable and sufficient steps shall be taken to ensure, so far as is reasonably practicable, that every place of work or approach thereto has sufficient fresh or purified air to ensure that the place or approach is safe and without risks to health.
(2) Any plant used for the purpose of complying with paragraph (1) shall, where necessary for reasons of health or safety, include an effective device to give visible or audible warning of any failure of the plant.
Temperature and weather protection
43.
—(1) Suitable and sufficient steps shall be taken to ensure, so far as is reasonably practicable, that during working hours the temperature at any place of work indoors is reasonable having regard to the purpose for which that place is used.
(2) Every place of work outdoors shall, where necessary to ensure the health and safety of persons at work there, be so arranged that, so far as is reasonably practicable and having regard to the purpose for which that place is used and any protective clothing or work equipment provided for the use of any person at work there, it provides protection from adverse weather.
Lighting
44.
—(1) Every place of work and approach thereto and every traffic route shall be provided with suitable and sufficient lighting, which shall be, so far as is reasonably practicable, by natural light.
(2) The colour of any artificial lighting provided shall not adversely affect or change the perception of any sign or signal provided for the purposes of health and safety.
(3) Without prejudice to paragraph (1), suitable and sufficient secondary lighting shall be provided in any place where there would be a risk to the health or safety of any person in the event of failure of primary artificial lighting.
shall be the enforcing authority in respect of a construction site which is contained within, or forms part of, premises which are occupied by persons other than those carrying out the construction work or any activity arising from such work as regards regulations 39 and 40, in so far as those regulations relate to fire, and regulation 41.
(2) In England and Wales paragraph (1) only applies in respect of premises to which the Regulatory Reform (Fire Safety) Order 2005 applies.
(3) In Scotland paragraph (1) only applies in respect of premises to which Part 3 of the Fire (Scotland) Act 2005 applies[13].
Transitional provisions
47.
—(1) These Regulations shall apply in relation to a project which began before their coming into force, with the following modifications.
(2) Subject to paragraph (3), where the time specified in paragraph (1) or (2) of regulation 14 for the appointment of the CDM co-ordinator or the principal contractor occurred before the coming into force of these Regulations, the client shall appoint the CDM co-ordinator or, as the case may be, the principal contractor, as soon as is practicable.
(3) Where a client appoints any planning supervisor or principal contractor already appointed under regulation 6 of the Construction (Design and Management) Regulations 1994[14] (referred to in this regulation as "the 1994 Regulations") as the CDM co-ordinator or the principal contractor respectively pursuant to paragraph (2), regulation 4(1) shall have effect so that the client shall within twelve months of the coming into force of these Regulations take reasonable steps to ensure that any CDM co-ordinator or principal contractor so appointed is competent within the meaning of regulation 4(2).
(4) Any planning supervisor or principal contractor appointed under regulation 6 of the 1994 Regulations shall, in the absence of an express appointment by the client, be treated for the purposes of paragraph (2) as having been appointed as the CDM co-ordinator, or the principal contractor, respectively.
(5) Any person treated as having been appointed as the CDM co-ordinator or the principal contractor pursuant to paragraph (4) shall within twelve months of the coming into force of these Regulations take such steps as are necessary to ensure that he is competent within the meaning of regulation 4(2).
(6) Any agent appointed by a client under regulation 4 of the 1994 Regulations before the coming into force of these Regulations may, if requested by the client and if he himself consents, continue to act as the agent of that client and shall be subject to such requirements and prohibitions as are placed by these Regulations on that client, unless or until such time as such appointment is revoked by that client, or the project comes to an end, or five years elapse from the coming into force of these Regulations, whichever arises first.
(7) Where notice has been given under regulation 7 of the 1994 Regulations, the references in regulations 19(1)(c) and 22(1)(k) to notice under regulation 21 shall be construed as being to notice under that regulation.
Revocations and amendments
48.
—(1) The revocations listed in Schedule 4 shall have effect.
(2) The amendments listed in Schedule 5 shall have effect.
Signed by authority of the Secretary of State for Work and Pensions.
Bill McKenzie
Parliamentary Under Secretary of State, Department for Work and Pensions
7th February 2007
6.
Washing facilities shall include—
7.
Rooms containing washing facilities shall be sufficiently ventilated and lit.
8.
Washing facilities and the rooms containing them shall be kept in a clean and orderly condition.
9.
Subject to paragraph 10 below, separate washing facilities shall be provided for men and women, except where and so far as they are provided in a room the door of which is capable of being secured from inside and the facilities in each such room are intended to be used by only one person at a time.
10.
Paragraph 9 above shall not apply to facilities which are provided for washing hands, forearms and face only.
Drinking water
11.
An adequate supply of wholesome drinking water shall be provided or made available at readily accessible and suitable places.
12.
Every supply of drinking water shall be conspicuously marked by an appropriate sign where necessary for reasons of health and safety.
13.
Where a supply of drinking water is provided, there shall also be provided a sufficient number of suitable cups or other drinking vessels unless the supply of drinking water is in a jet from which persons can drink easily.
Changing rooms and lockers
14.
—(1) Suitable and sufficient changing rooms shall be provided or made available at readily accessible places if—
being separate rooms for, or separate use of rooms by, men and women where necessary for reasons of propriety.
(2) Changing rooms shall—
(3) Suitable and sufficient facilities shall, where necessary, be provided or made available at readily accessible places to enable persons to lock away—
Facilities for rest
15.
—(1) Suitable and sufficient rest rooms or rest areas shall be provided or made available at readily accessible places.
(2) Rest rooms and rest areas shall—
Description of instrument | Reference | Extent of revocation |
The Construction (General Provisions) Regulations 1961 | S.I. 1961/1580 | The whole Regulations |
The Health and Safety Information for Employees Regulations 1989 |
S.I. 1989/682 |
Regulation 8(3) and part III of the Schedule |
The Construction (Design and Management) Regulations 1994 |
S.I. 1994/3140 |
The whole Regulations |
The Construction (Health, Safety and Welfare) Regulations 1996 |
S.I. 1996/1592 |
The whole Regulations |
The Health and Safety (Enforcing Authority) Regulations 1998 |
S.I. 1998/494 |
In Schedule 3, the entries relating to the Construction (Design and Management) Regulations 1994 and to the Construction (Health, Safety and Welfare) Regulations 1996 |
The Provision and Use of Work Equipment Regulations 1998 |
S.I. 1998/2306 |
In Schedule 4, the entry relating to the Construction (Health, Safety and Welfare) Regulations 1996 |
The Lifting Operations and Lifting Equipment Regulations 1998 |
S.I. 1998/2307 |
In Schedule 2, the entry relating to the Construction (Health, Safety and Welfare) Regulations 1996 |
The Management of Health and Safety at Work Regulations 1999 |
S.I. 1999/3242 |
Regulation 27 In Schedule 2, the entry relating to the Construction (Design and Management) Regulations 1994 |
The Construction (Design and Management)(Amendment) Regulations 2000 |
S.I. 2000/2380 |
The whole Regulations |
The Fire and Rescue Services Act 2004 (Consequential Amendments)(England) Order 2004 |
S.I. 2004/3168 |
Article 37 |
The Work at Height Regulations 2005 |
S.I. 2005/735 |
In Schedule 8, the entry relating to the Construction (Health, Safety and Welfare) Regulations 1996 |
The Regulatory Reform (Fire Safety) Order 2005 |
S.I. 2005/1541 |
Schedule 3 paragraph 3 |
The Fire and Rescue Services Act 2004 (Consequential Amendments)(Wales) Order 2005 |
S.I. 2005/2929 |
Article 37 |
The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments)(No.2) Order 2005 |
S.S.I. 2005/344 |
Schedule 1 Part 1 paragraph 18 |
The Fire (Scotland) Act 2005 (Consequential Modifications and Savings)(No.2) Order 2006 |
S.S.I. 2006/457 |
Schedule 1 paragraph 4 |
The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 |
S.I. 2006/557 |
Schedule paragraph 4 |
Description of instrument | Reference | Extent of amendment |
The Factories Act 1961 | 1961 c.34, as amended by S.I. 1996/1592 | In section 176(1) in the definitions "building operation" and "work of engineering construction" for "1994" substitute "2007" |
The Fire (Scotland) Act 2005 |
2005 asp5, as amended by S.I. 2005/2060 |
For the words in section 61(9)(za)(iv) substitute "which are a workplace which is, or is on, a construction site (as defined in regulation 2(1) of the Construction (Design and Management) Regulations 2007) and to which those Regulations apply (other than a construction site to which regulation 46(1) of those Regulations applies)" |
The Construction (Head Protection) Regulations 1989 |
S.I. 1989/2209 |
For the words in regulation 2(1) substitute "Subject to paragraph (2) of this regulation, these Regulations shall apply to construction work within the meaning of regulation 2(1) of the Construction (Design and Management) Regulations 2007" |
The Workplace (Health Safety and Welfare) Regulations 1992 |
S.I. 1992/3004, as amended by S.I. 1996/1592 |
For the words in regulation 3(1)(b) substitute "a workplace which is a construction site within the meaning of the Construction (Design and Management) Regulations 2007, and in which the only activity being undertaken is construction work within the meaning of those regulations, save that— (i) regulations 18 and 25A apply to such a workplace; and (ii) regulations 7(1A), 12, 14, 15, 16, 18, 19 and 26(1) apply to such a workplace which is indoors" |
The Work in Compressed Air Regulations 1996 |
S.I. 1996/1656 |
In regulation 2(1) for the words “"the 1996 Regulations" means the Construction (Health, Safety and Welfare) Regulations 1996“ substitute “"the 2007 Regulations" means the Construction (Design and Management) Regulations 2007“ In regulation 3(1) for "1994" substitute "2007" and for the words "is not excluded by regulation 3(2)" substitute "is carried out in the course of a project which is notifiable within the meaning of regulation 2(3)" In regulation 5(3) for "1994" substitute "2007" In regulation 13(2)(a) for the words "19, 20 and 25(3) of the 1996 Regulations" substitute "39, 40 and 44(3) of the 2007 Regulations" In regulation 13(2)(d) for the words "20(1) of the 1996 Regulations" substitute "39(1) of the 2007 Regulations" In regulation 14(1) for the words "21 of the 1996 Regulations" substitute "41 of the 2007 Regulations" In regulation 18(a) for the words "regulation 22 of the 1996 Regulations" substitute "Schedule 2 of the 2007 Regulations" |
The Railway Safety (Miscellaneous Provisions) Regulations 1997 |
S.I. 1997/553 |
In regulation 2(1) in the definition "construction work" for "1994" substitute "2007" |
The Fire Precautions (Workplace) Regulations 1997 |
S.I. 1997/1840 |
In regulation 3(5)(d) for the words "the Construction (Health, Safety and Welfare) Regulations 1996" substitute "the Construction (Design and Management) Regulations 2007" |
The Health and Safety (Enforcing Authority) Regulations 1998 |
S.I. 1998/494 |
In regulation 2(1) in the definitions "construction work" and "contractor" for "1994" substitute "2007" In Schedule 2 for the words in paragraph 4(a)(i) substitute "the project which includes the work is notifiable within the meaning of regulation 2(3) of the Construction (Design and Management) Regulations 2007; or" |
The Provision and Use of Work Equipment Regulations 1998 |
S.I. 1998/2306 |
In regulation 6(5)(e) for the words "regulation 29 of the Construction (Health, Safety and Welfare) Regulations 1996" substitute "regulations 31(4) or 32(2) of the Construction (Design and Management) Regulations 2007" |
The Gas Safety (Installation and Use) Regulations 1998 |
S.I. 1998/2451 |
In regulation 2(4)(d) for "1994" substitute "2007" |
The Work at Height Regulations 2005 |
S.I. 2005/735 |
In regulation 2(1) in the definition "construction work" for the words "the Construction (Health, Safety and Welfare) Regulations 1996" substitute "the Construction (Design and Management) Regulations 2007" |
The Regulatory Reform (Fire Safety) Order 2005 |
S.I. 2005/1541 |
In article 25(b)(iv) for the words "the Construction (Health, Safety and Welfare) Regulations 1996" substitute "the Construction (Design and Management) Regulations 2007" and for "33" substitute "46" |
The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 |
S.I. 2006/557 |
In regulation 2 in the definition "construction work" for "1994" substitute "2007" For the words in regulation 5(2)(a)(i) substitute "the project which includes that work is notifiable within the meaning of regulation 2(3) of the Construction (Design and Management) Regulations 2007; and" |
5.
Part 4 sets out duties applicable to all contractors or to others controlling the way in which construction work is carried out (regulation 25(1) and (2)) in respect of measures to be taken to ensure specified aspects of health and safety and to prevent danger from a number of specified hazards.
6.
Civil liability is now restricted under these Regulations only in respect of the Part 2 and 3 duties, for which there is civil liability only to employees, except in respect of the duties concerning welfare facilities and to prevent access by any unauthorised person, and of the client's duty concerning the construction phase plan, for which liability is unrestricted (regulation 45).
7.
A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Advisers Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy of the transposition note in relation to implementation of the Directive can be obtained from the Health and Safety Executive, International Branch at the same address. Copies of both these documents have been placed in the Library of each House of Parliament.
[2] As regards Scotland, see also section 57(1) of the Scotland Act 1998 (1998 c.46) which provides that, despite the transfer to the Scottish Ministers by virtue of that Act of functions in relation to observing and implementing obligations under Community law, any function of a Minister of the Crown in relation to any matter shall continue to be exercisable by him as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972 (1972 c.68).back
[3] S.I. 1999/3242, to which there are amendments not relevant to these Regulations.back
[4] S.I. 1994/3140, amended by S.I. 2006/557; there are other amending instruments but none is relevant.back
[5] S.I. 1992/3004, amended by S.I. 2002/2174 and S.I. 2005/735; there are other amending instruments but none is relevant.back
[8] S.I. 1995/3163, to which there are amendments not relevant to these Regulations.back
[9] S.I. 2006/557, to which there are amendments not relevant to these Regulations.back
[11] S.I. 2005/1541, to which there are amendments not relevant to these Regulations. All functions of the Secretary of State under the Order, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 2006/1458.back
[12] 2005 asp5. Section 61(9) was amended by S.I. 2005/2060 article 2(1) and (4)(a) and (b).back
[13] Section 77(1) was amended and 77(1A) inserted by S.I. 2005/2060 article 2(1) and (6)(a) and (b); section 77A was inserted by S.I. 2005/2060 article 2(1) and (7); section 78(2) was amended by S.S.I. 2005/352 regulation 2 and S.I. 2005/2060 article 2(1) and (8)(a); section 78(3) was amended and 78(5A) inserted by S.I. 2005/2060 article 2(1) and (8)(b) and (c).back
[14] S.I. 1994/3140, amended by S.I. 2006/557; there are other amending instruments but none is relevant.back