Resource Pack NEBOSH National Construction Certificate

Resource Pack NEBOSH National Construction Certificate
Ian Harries CMIOSH © 2013 Ian Harries. All rights reserved. No part of this material may be reprinted or reproduced or utilised in any form or by any electronic, mechanical or other means, now known or hereafter invented, including photocopying and recording, or in any storage retrieval system without permission in writing from the publishers.

NCC1.1 Construction Law and Management NEBOSH National Certificate
in Construction Health and Safety NCC1.1 Construction Law and Management Chapter 6

Contents Introduction to the UK construction industry
Scope, definition and nature of construction activities Why manage health and safety within the construction industry? Construction (Design and Management) Regulations Sources of external construction health and safety information

Learning outcomes Identify the scope, definition and particular issues relating to construction activities. Outline the legal, moral and financial consequences of failing to manage health and safety within the construction industry. Outline the scope and application of the Construction (Design and Management) Regulations. Identify the nature and main sources of external construction health and safety information.

Scope and nature of the UK construction industry

Scope & nature of UK construction
Introduction Types of construction work Construction activities Construction industry issues Group discussion Represents 8% of the UK’s Gross Domestic Product; roughly worth £17bn. Consists of more than 200,000 companies (19,000 employing less than 7 employees) employing 1.75 million labourers and tradesmen, plus 450,000 professionals & consultants. In 2009/2010 made up 4% of the UK workforce, though 27% of workplace fatalities, 10% of major accidents and 6% of over 3 day injuries are construction related.

Introduction Types of construction work Construction activities Construction industry issues Group discussion In 2009/2010 the construction industry accounted for the largest number of fatalities in any work sector (46) compared to an average of 66 over the preceding 5 years. In 2009/2010 there were 46 construction fatalities, 3,120 major injuries, 6,173 Lost Time Accidents, 3,700 cases of self-reported cases of workplace ill health costing the UK economy 3.3M working days.

Introduction Types of construction work Construction activities Construction industry issues Group discussion Building works, both for domestic industrial and commercial clients Renovation of existing or derelict premises Alteration to existing structures, premises, etc. Maintenance of existing premises which are either occupied or unoccupied Civil engineering projects Engineering construction projects Demolition of all or part of a structure or premises

Introduction Types of construction work Construction activities Construction industry issues Group discussion Site clearance Demolition of all or part of a structure or premises within the construction site Dismantling of all or part of a structure Excavation to identify underground services or structures for clearance, maintenance or connection into Loading, unloading and storage of debris, building materials, plant and equipment

Introduction Types of construction work Construction activities Construction industry issues Group discussion Site movements of plant, equipment, materials and persons Fabrication of building components, structures, etc. for movement/lifting into place Decorating of external and internal surfaces, structures, etc. Cleaning of part or all of a premises, structure, grounds etc. Installation, removal and maintenance of services such as water, gas, electricity, etc. Landscaping of the site following construction completion and before handover to the client.

Introduction Types of construction work Construction activities Construction industry issues Group discussion By their very nature construction sites are temporary in nature, and throughout the project constantly changing in their appearance, layout and traffic/pedestrian routes. Other issues will be weather related; heavy rain, snow or high winds may cause the following issues: delays due to unsafe conditions, or repairs required to scaffolding, excavations, tower cranes, etc. which can lead to financial penalty clauses being activated by the client.

Introduction Types of construction work Construction activities Construction industry issues Group discussion Time pressure and financial constraints set by the client can cause issues and problems, with the temptation being to compromise on the arrangements for safeguarding the health safety and welfare of those working on the construction site, visitors and members of the public. What aspects of construction site safety could be affected if compromises are made?

Introduction Types of construction work Construction activities Construction industry issues Group discussion Compromises can include: Lack or poor provision of welfare facilities Non-segregation of tasks taking place at below ground level, ground level and those taking place at height Lifting of materials, fabricated sections, etc. over areas where employees are working Non-segregation of pedestrian and vehicle routes, protection against accidental contact between vehicles and scaffolding.

Introduction Types of construction work Construction activities Construction industry issues Group discussion The level of competency and skills within the workforce may also be an issue: employees new to the construction industry, or migrant employees from outside the UK will require additional training and supervision than more experienced employees used to working in the construction industry.

Introduction Types of construction work Construction activities Construction industry issues Group discussion Other management issues facing the construction industry is the increasing employment of migrant labourers from outside of the UK. In 2007: Migrant labour accounted for 6% of the UK’s construction workforce – in Greater London this accounted for 26% of those employed in the construction industry 5 migrant workers died following an accident at one construction site alone.

Introduction Types of construction work Construction activities Construction industry issues Group discussion Over the past 3 years migrant worker deaths accounted for 8% of all construction related deaths. So who has responsibility for migrant workers; the gang-master or the construction employer?

Introduction Types of construction work Construction activities Construction industry issues Group discussion The answer is both the gangmaster and construction employer both have a duty of care and should liaise to ensure appropriate risk assessments, personal protective equipment, training and appropriate supervision are in place. Before any migrant worker starts on a construction site what should be determined by the employer?

Introduction Types of construction work Construction activities Construction industry issues Group discussion Does the work the migrant worker(s) will be employed for require any special vocational skills, if so can the migrant worker supply copies of qualifications or demonstrate the required skill level? Do the migrant workers have a reasonable command of written and spoken English? What information, instruction, training and supervision will the migrant workers require?

Introduction Types of construction work Construction activities Construction industry issues Group discussion To identify the above, employers should conduct a specific risk assessment on the hazards posed to migrant workers when working on their site. What should such an assessment cover?

Introduction Types of construction work Construction activities Construction industry issues Group discussion Their command of written and spoken English so that basic communication is possible with them on site Their level of literacy and numeracy and previous skills, past work experience The compatibility of non-UK vocational qualifications with those available in the UK Any physical and health attributes required for the work(s) they will undertake The provision and level of training instruction information and supervision – are supervisors able to effectively communicate with the migrant worker? Any special welfare or emergency arrangements required.

Introduction Types of construction work Construction activities Construction industry issues Group discussion An effective induction will need to cover: Consideration to the needs of migrant workers with a poor command of English – using accredited translators, use of non-verbal visual training aids Translation of any critical safety information, such as fire and emergency procedures, risk assessments, method statements, etc. How migrant workers can identify their supervisor, first aiders, etc. An evaluation on the understanding on the information and instruction given out during the induction to ensure an adequate level of understanding.

Introduction Types of construction work Construction activities Construction industry issues Group discussion 1 What are some of the pressures on managers of construction projects that could lead to accidents on construction sites? 2 A principal contractor needs to employ sub-contractors, some of whom may not have English as their first language. How can the principal contractor ensure that all site operatives fully understand site rules with regards to health and safety?

Why manage health & safety in construction?

Why manage H&S in construction?
Key improvement targets Financial Legal Moral Group discussion In 2002 the Construction Industry Advisory Committee set the following revitalising targets for the UK construction industry: Reducing the incidence rate for fatalities and major injuries by 40% in 2004/2005 and 60% by 2009/2010 Reducing the incidence rate of cases of work-related ill health by 20% by 2004/2005 and by 50% by 2009/2010 Reducing the number of working days lost per 100,000 employees from work-related injury and ill health by 20%.

Moral Legal Financial Key improvement targets Group discussion In reality these figures represented a commitment to a reduction of 3,000 major injuries by 2009/2010 than there were in 1999/2000. So how did the UK construction industry fare in meeting these targets?

Moral Legal Financial Key improvement targets Group discussion Since 2000/2001 all the accident incidence rates have fallen by between 34% and 63%, with an overall reduction of 72% in the fatality rate. However, this still means that 700 construction workers have been killed in the last 10 years, and 2,765 since 1981.

Moral Legal Financial Key improvement targets Group discussion 2009/2010 Construction Industry Accident Statistics Fatalities Major injuries Over 3 days Total 46 3,120 6,173 Employees 30 (65%) 2,585 5,651 Self-employed 12 (26%) 535 522 Members of the public 4 (9%) N/A

Moral Legal Financial Key improvement targets Group discussion Percentage of fatalities by construction activities from 1999 to 2010 Activity 1999 – 2007 (687) 2008 – 2009 (52) 2009 – 20010 (42) Domestic – repair, refurbishment, etc. 27 26 34 Non-domestic – repair, refurbishment, etc. 22 New build – housing 11 10 12 New build – commercial 13 5 New build – industrial 4 2 2.5 Roadworks 9 6 Civil engineering 7 14 Demolition 3

Moral Legal Financial Key improvement targets Group discussion 2009/2010 Construction Industry Accident Statistics The fatalities were caused by: Falling through roof lights and fragile roofs, from ladders, scaffolds and other workplaces Being struck by excavators, lift trucks or dumpers Being struck by falling loads and equipment Being crushed by collapsing structures.

Moral Legal Financial Key improvement targets Group discussion 2009/2010 Construction Industry Accident Statistics Analysis of major injuries reveals that 35% of all construction industry accidents were the result of falls from heights: 62% were painters or decorators 38% were bricklayers and masons 36% were scaffolders, stagers and steeplejacks 36% were electrical fitters.

Moral Legal Financial Key improvement targets Group discussion 2009/2010 Construction Industry Ill-health Statistics 3.3 million days were lost in the construction industry due to work-related ill health and workplace injuries. In the construction industry this equates to 1.5 days per worker as opposed to 1.3 days per worker in all other industries.

Moral Legal Financial Key improvement targets Group discussion In 2009 the HSE undertook an inspection programme covering 1,759 construction sites, and encompassing 2,145 contractors operating on these sites. Of these sites 348 were identified as having serious health and safety risks, resulting in over 500 enforcement notices being issued.

Moral Legal Financial Key improvement targets Group discussion A comparison of the number of enforcement notices issued between 2007 and 2010 to the construction industry and all other industries shows: Construction All industries Improvement Notice Prohibition Notice 2007/2008 4,528 3,233 669 1,870 2008/2009 4,825 3,254 617 1,811 2009/2010 5,811 3,923 905 2,449

Moral Legal Financial Key improvement targets Group discussion A comparison of prosecutions, convictions and average level of fines for 2007 to 2010 shows: Construction All industries Prosecutions Convictions Average Fine (£) 2007/08 443 316 11,064 1,060 853 13,125 2008/09 419 308 11,174 1,099 837 14,673 2009/10 384 261 10,622 1,026 735 15,817

Moral Legal Financial Key improvement targets Group discussion In 1999 the HSE undertook a cost comparison between ill-health, injury and damage accidents: Damage accident (involving plant and equipment) costs were 80% of the total costs and between 3 to 11 times the cost of injury accidents. Ill health (£million) Injury Damage Total Min Max 100 180 140 420 1,570 660 1,890

Moral Legal Financial Key improvement targets Group discussion Sharing best practice Ensuring that all construction workers receive induction training before starting on any project Raise competence levels of all construction workers in the house building sector Encourage worker participation and involvement through trade union or employee safety representatives Tackling the informal economy within the construction industry, together with the use of casual labour.

Moral Legal Financial Key improvement targets Group discussion The HSE has also published its inspection criteria for construction sites, which covers the following: Competence and control of contractors and employees Risk assessments Communication of risk controls to the workforce Selection, use, inspection and maintenance of equipment Welfare facilities and site cleanliness/tidiness.

Moral Legal Financial Key improvement targets Group discussion 1 What is the HSE’s role in improving the health and safety performance of the construction industry? 2 How can construction industry employers prevent workplace fatalities and major injuries from occurring?

Construction (Design & Management) Regulations

CDM Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion The CDM Regulations cover all construction activities in the UK, and apply to the whole of a construction project from the initial design, the construction phase and finally the hand-over of the completed structure to the client. The CDM Regulations came into effect on 6 April 2007, replacing the original CDM Regulations from 1994 and the Construction (Welfare, Health & Safety) Regulations 1996.

CDM The CDM Regulations are split into several main parts:
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion The CDM Regulations are split into several main parts: Part 1 Definitions Part 2 Covers construction projects & management duties Part 3 Sets out additional duties for notifiable projects Part 4 Sets out the duties relating to health, safety and welfare on construction sites.

CDM Main requirements & changes from CDM 1994
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Main requirements & changes from CDM 1994 The Construction (Health Safety & Welfare) Regulations 1996 have been repealed and included within Part 4 and Schedule 2 Work for domestic clients is no longer notifiable A group of clients involved in a project can elect one or more of its members to act as the client The role of the CDM co-ordinator is to support the client and co-ordinate design and planning – the planning supervisor role does not exist

Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Main requirements & changes from CDM 1994 The CDM co-ordinator, principle contractor and written health & safety plan are only required for notificable projects Duty holders must be competent to carry out their roles, likewise anyone instructed to carry out or manage the design or construction work must be competent too The ACOP L144 Managing Health & Safety in Consultation sets out the requirements for individual and corporate competence

Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Main requirements & changes from CDM 1994 All parties involved in the project have a duty for effective co-operation and co-ordination Clients are required to take reasonable steps to ensure management arrangements will allow the construction work to be undertaken without risk to health safety and welfare, and that such arrangements are reviewed throughout the project Clients must inform designers and contractors of the time they have before work commences on site for planning and preparing construction work.

CDM Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Client Anyone involved in a trade, business or other undertaking (for profit or not) and who commissions the construction work to be carried out. Can be an individual client or a consortium. Domestic clients do not have duties under the CDM Regulations.

CDM Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Designer Organizations or individuals who carry out the design stage of the project, and can include: Architects Structural engineers Quantity surveyors Building service engineers Interior designers, shop fitters, etc.

CDM Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion CDM co-ordinator Appointed under for notifiable projects only, and provides clients with a key project advisor in respect of construction health and safety management risks, in particular: Giving advice and assistance to the client in order for them to appoint competent designers and principal contractor Giving advice and guidance to the client to allow them to meet their duty to ensure adequate management and welfare arrangements are in place

CDM Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion CDM co-ordinator Develop the pre-construction phase information for issuing to prospective designers and contractors Notify the HSE of the construction project Advise the client on the suitability of the construction phase health and safety plan developed with the principal contractor Ensure designers comply with their duties Prepare, update and issue the health and safety file to the client on completion of the project.

CDM Principal contractor
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Principal contractor Appointed by the client for notifiable projects, and can be an individual, an organization or management contractor. The principal contractor’s main duties are to co-ordinate and manage the construction phase, including the health, safety and welfare arrangements and practices for the site, and anyone who could be affected by the work.

CDM Pre-construction health and safety information
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Pre-construction health and safety information The client must provide designers and contractors, and for notifiable projects the CDM co-ordinator, with specific health and safety information to allow the identification of hazards and risks associated with the design and construction work. What information should be included?

CDM Pre-construction health and safety information
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Pre-construction health and safety information What information should be included? Project description Client’s considerations and management requirements Environmental considerations Significant design and construction hazards.

CDM Construction phase health and safety plan
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Construction phase health and safety plan Sets out the principal contractor’s organization and arrangements to manage construction risks, site welfare and co-ordinate the construction activities. Only contains information relevant to the project, and reflects how the project was organized and managed to provide a safe working environment.

CDM Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion There is no requirement to appoint a CDM co-ordinator, principal contractor or prepare a construction phase health and safety plan for non-notifiable projects. The architect or lead designer will normally lead the co-ordination of the design work, while the main contractor or builder will co-ordinate the construction work in line with Part 4 and Schedule 2.

CDM Clients are expected to manage or plan projects themselves.
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Clients are expected to manage or plan projects themselves. The client is responsible for ensuring designers, contractors and others are competent, or work under the supervision of competent persons, who are adequately resourced and appointed early enough to fulfil their responsibilities.

CDM HSE notifiable construction projects
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion HSE notifiable construction projects Commercial or industrial client Domestic client Will the construction phase last more than 30 days? YES NO Notify the HSE on form F10 Will the construction phase involve more than 500 person days of construction activity? YES NO HSE notification not applicable

CDM Clients – responsible for
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Clients – responsible for The impact they have on health and safety Making sure things are done, not do them themselves Appointing a CDM co-ordinator to advise and co-ordinate activities on notifiable projects Ensuring enough time and resources are provided to allow the project to be delivered safely Focusing on establishing a competent project team early on which fosters a culture of co-operation and integration Not allow work to commence until the principal contractor has prepared the construction phase plan

CDM Designers – responsible for
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Designers – responsible for Ensure clients are aware of their duties Make sure they (the designer) are competent for the work they do Co-ordinate & co-operate their work with the CDM co-ordinator and others as necessary to manage risk Provide information to the CDM co-ordinator for the health and safety file.

CDM Designers – in relation to their design
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Designers – in relation to their design Eliminate hazards from the construction, cleaning, maintenance and proposed use & demolition of a structure Reduce risks from any remaining hazards Give collective risk reduction measures priority over individual measures.

CDM CDM co-ordinator – responsibilities
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion CDM co-ordinator – responsibilities Be appointed before the designer and principle contractor and have the relevant competence for the construction project Give suitable and sufficient advice to clients co-ordinate the arrangements for health and safety for planning and design work Prepare a health and safety file.

CDM Principal contractor – responsibilities
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Principal contractor – responsibilities Be appointed for notifiable projects and as soon as is practicable Ensure the client is aware of duties, a CDM co-ordinator has been appointed and HSE notified Appoint competent contractors Properly plan, manage, monitor and resource the construction phase Inform contractors of the minimum time allowed for planning and preparation

Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Principal contractor – responsibilities Ensure safe working, co-ordination and co-operation between contractors Arrange for suitable welfare arrangement and facilities from the start, together with arrangements for securing the site outside of working hours Promptly provide the CDM co-ordinator with information for the file Liaise with CDM co-ordinator in relation to design and design changes.

Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Principal contractor – responsibilities Ensure the construction phase health and safety plan is prepared and implemented prior to work commencing covering: The organization and arrangements for managing risk and co-ordinating work Plan should be tailored to the particular project and risks involved Prepare and enforce site rules as required Give reasonable direction to contractors including client appointed contractors

Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Principal contractor – responsibilities Provide the plan to those who need it Ensure all workers have been provided with suitable health and safety induction, information and training Ensure the workforce is consulted about health and safety matters Display key project information to workers.

CDM Principal contractor The principal contractor does not have to:
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Principal contractor The principal contractor does not have to: Provide training to workers they do not employ Undertake detailed supervision of contractors’ work Fill the construction phase plan with irrelevant information or endless generic paperwork.

CDM Contractors and the self-employed Contractor should:
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Contractors and the self-employed Contractor should: Check that a CDM Co-ordinator has been appointed and the HSE notified before they start work Co-operate with the principal contractor, CDM Co-ordinator and others working on the project or at adjacent sites Inform the principal contractor about risks arising from their work Provide the principal contractor of any contractor who they are using as a sub-contractor

CDM Contractors and the self-employed Contractor should:
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Contractors and the self-employed Contractor should: Comply with reasonable directions from the principal contractor, and with any relevant rules as set out in the Construction Phase Health and Safety Plan Inform the principal contractor of any problems with the plan or risks identified during their work which have significant implications for the management of the project Inform the principal contractor about accidents and dangerous occurrences Provide information for the Health and Safety File.

CDM Pre-construction information Description of the project
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Pre-construction information Description of the project Client’s considerations and management requirements Environmental restrictions and existing on-site risks, including safety and health hazards Significant design and construction hazards.

CDM Construction phase plan Description of the project
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Construction phase plan Description of the project Management of risk Arrangements for controlling significant site risks – safety and health hazards.

CDM Health and safety file Description of the work carried out
Notifiable projects Definitions Non-notifiable projects CDM Scope Group discussion Health and safety file Description of the work carried out Residual hazards and how they are being controlled Key structural principles Hazardous materials used Information regarding the removal or dismantling of installed plant and equipment Health and safety information relevant to the cleaning and maintenance of the building/structure Types and marking of services supplying the building or structure Information and ‘as-built’ drawings of the structure, plant and equipment.

CDM Notifiable projects Definitions Non-notifiable projects CDM 2007 Scope Group discussion 1 What are the main duties of designers under the CDM Regulations 2007? 2 What are the main duties of clients under the CDM Regulations 2007? 3 What role does the CDM co-ordinator play in relation to notifiable construction activities? 4 What are the main duties of the principal contractor under the CDM Regulations 2007? 5 When is a construction project notifiable to the HSE under the CDM Regulations 2007? 6 What information should be included within the construction phase plan under the CDM Regulations 2007?

Sources of external construction health and safety information

External information sources
External construction H&S information sources Group discussion General sources of information UK Construction legislation – CDM Regulations, Construction (Head Protection) Regulations HSE construction publications Reports published by organization such as Construction Skills, Construction Industry Researching Board, Civil Engineering Contractors Association, Major Contractors Group Chartered Institute of Building Construction Skills Certification Scheme European Committee for Standardisation British Standards Institute Internet.

External construction H&S information sources Group discussion Construction health and safety forums Construction Industry Research and Information Association Civil Engineering Contractors Association Major Contractors Group.

External construction H&S information sources Group discussion 1. What are the main sources of published information that may be consulted when dealing with a health and safety issue on a construction site.

Resource Pack NEBOSH National Construction Certificate

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