The Construction (Health, Safety and Welfare) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations impose requirements with respect to the health, safety and welfare of persons at work carrying out “construction work”, defined in regulation 2(1), and of others who may be affected by that work.

2.  The Regulations replace the Construction (General Provisions) Regulations 1961, the Construction (Health and Welfare) Regulations 1966 and the Construction (Working Places) Regulations 1966.

3.  The Regulations give effect as respects Great Britain to the following provisions of Council Directive 92/57/EEC (OJ No. L245, 26.8.92, p. 6) on the implementation of minimum safety and health requirements at temporary or mobile construction sites:

(a)Articles 8(a), (b) and (d), 9(a), and paragraph 1(a)(i) of Article 10 (in so far as it refers to Article 8(a), (b) and (d) and Annex IV);

(b)in part A of Annex IV, points 1.1, 1.2, sections 3 to 5, 7 to 12 and 14 to 18;

(c)in section II of part B of Annex IV, sections 1, 3 to 6, points 8.1(b) and (c), 8.2, 8.3, 8.4 (in part), 9.1(b) to (d) and sections 10 to 14.

4.  Specified regulations apply only in respect of construction work carried out on a “construction site”, defined in regulation 2(1), and where a workplace on a construction site is set aside for purposes other than construction work, the Regulations do not apply.

5.  Subject to specific exceptions, the Regulations impose requirements on—

(a)employers, the self-employed and others who control the way in which construction work is carried out;

(b)employees in respect of their own actions; and

(c)every person at work as regards co-operation with others and the reporting of danger.

6.  The Regulations impose requirements with respect to—

(a)the provision of safe places of work and safe access and egress thereto (regulation 5);

(b)the provision of suitable equipment to prevent falls (regulation 6);

(c)the working on or near fragile material (regulation 7);

(d)the prevention of injury from falling objects (regulation 8);

(e)the stability of structures (regulation 9);

(f)the carrying out and supervision of demolition and dismantling and the use of explosives (regulations 10 and 11);

(g)the safety of excavations, cofferdams and caissons (regulations 12 and 13);

(h)the prevention of drowning (regulation 14);

(i)the movement of pedestrian and vehicular traffic (regulation 15);

(j)the construction of doors, gates and hatches (regulation 16);

(k)the use of vehicles (regulation 17);

(l)the risks from fire, the provision of emergency routes and exits, the preparation and implementation of evacuation procedures and the provision of fire-fighting equipment, fire detectors and alarms (regulations 18 to 21);

(m)the provision of sanitary and washing facilities, a supply of drinking water, rest facilities and facilities to change and store clothing (regulation 22);

(n)the provision of adequate fresh air, reasonable temperature and weather protection (regulations 23 and 24);

(o)the provision of lighting (including emergency lighting) (regulation 25);

(p)the marking and good order of a construction site (regulation 26);

(q)the safety and maintenance of plant and equipment (regulation 27);

(r)training and supervision (regulation 28);

(s)the inspection of places of work and the preparation of reports (regulations 29 and 30).

7.  Regulation 31 provides for the granting of exemptions from the Regulations by the Health and Safety Executive.

8.  Regulation 32 extends the application of the Regulations to construction activities within territorial waters.

9.  Regulation 33 provides for specified provisions of the Regulations to be enforced in specified circumstances by fire authorities.

10.  Regulation 34 modifies the enactments referred to in Schedule 9, and regulation 35 revokes the enactments referred to in Schedule 10.

11.  A copy of the cost benefit assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Construction Policy Section, Safety Policy Directorate, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy has been placed in the Library of each House of Parliament.