Working smart and safe

A brief introduction to UK Construction Law

The legal obligations of Temporary Demountable Structure (TDS) companies are set out in the Health and Safety at Work etc. Act 1974 and its associated regulations including the Construction Design and Management Regulations 2015, the Work at Height Regulations 2005, the Lifting Operations and Lifting Equipment Regulations 1998 and the Management of Health and Safety at Work Regulations 1999. Advice should be sought from a range of other sources; these include the HSE.gov.uk and the EIF Purple Guide and IStructE Guidance on Procurement, Design & Use of Temporary Demountable Structures.

Under CDM 2015 it is the Client / Event Organiser’s legal responsibility to ensure that a full and sufficient safety file & safety plan is produced for each show and event. Responsibility for the monitoring of temporary structures now includes the HSE on all install and dismantle (construction & deconstruction) phases as well as the local authority under licensing conditions.

Responsibility for the integrity of the structure remains with the company who builds it. They have duties in law to ensure it is fit for purpose, that install and dismantle (construction and deconstruction) are planned and coordinated and that it is properly maintained during use. They have a duty to ensure all imposed loads do not adversely impact on the integrity of the structure. They also have responsibilities for the health, safety and welfare of their own staff, and that of all other workers involved in the construction area.

It is recommended that records, plans and designs are kept readily available and that sign off records are completed by each contractor for each and every structure or group. Final responsibility must remain with the client to ensure that these are maintained and that any subsequent changes are identified and shared with all show and event duty holders.

Roles & Responsibilities

CDM defines the roles of key ‘Duty Holders’ whose responsibilities are outlined by law. Every duty holder involved in the show and event supply chain has legal duties and is responsible for informing themselves of those duties.

The Client / Event Organiser:

Holds overall responsibility for managing the project / show or event  and for the selection and appointment of Principal Designer (PD) and Principal Contractor (PC) with appropriate experience, training, resources and organisation to support the safe delivery of the project / show or event.

Ensuring that:

• All relevant information is prepared and provided to other duty holders
• The PC & PD carry out their duties
• Suitable welfare facilities are provided at all times that workers are on site.

The Principal Designer (PD):

Key duties are liaising with the client and other duty holders. This includes being responsible for planning, managing, monitoring & coordinating the health & safety of the project, and for the production of an event safety plan for the purposes of identifying, eliminating or controlling foreseeable risks. This role may be allocated to or assumed by an individual or organisation, or may be carried out by the client.

Ensuring that:

• Designers carry out their duties
• Relevant information is prepared and provided to other duty holders
• Liaise with the PC, to help in the planning, management, monitoring and coordination of temporary structures, including on site sign-off paperwork.

Principal Contractor (PC):

Key duties are liaising with the Client & PD, and preparing the TDS management plan. Responsible for planning, managing, monitoring and coordinating all phases of the build and use of TDS on site, and for organising co-operation between contractors and coordinating their work. The PC is responsible for preparing the Construction Phase Plan (“CPP”)  and for it’s regular monitoring and updating to show all principal and subcontractor site activities.  This role may be allocated to or assumed by an individual, or may be carried out by the client.

Ensuring that:

• Suitable site inductions are provided
• Reasonable steps are taken to prevent unauthorised access
• Workers are consulted and engaged in securing their health and safety
• Welfare facilities are in place.

Contractors

Key responsibilities are the planning, managing and monitoring of install and dismantle (construction and deconstruction) of all TDS under their control so that it is carried out without risks to health and safety.

Ensuring that:

• The TDS designer prepares drawings and agrees their wind loadings and any suspended weights
• Liaising with the PC to coordinate activities with those other contractors
• Complying with directions given to them by the PC or PD.

Workers:

All those engaged in the install and dismantle (construction and deconstruction) of TDS must:

• Be consulted about matters which affect their health and safety
• Take care of their own health and safety and that of others who may be affected by their actions
• Report anything they see which is likely to endanger either their own or others’ health and safety
• Cooperate with their employer, fellow workers, contractors and other duty holders.

Planning and Coordination:

It is the responsibility of the client, and or their appointed PD & PC, to prepare the Construction Phase Plan (CPP)  and for it’s regular monitoring and updating to show all site activities.

• Clear identification of roles and responsibilities needs to be agreed in advance
• Design documentation including drawings, certificates, and calculations of loadings, wind action plans, and Risk Assessments and Method Statements (RAMS) showing the TDSs planned should be shared.

Any subsequent variation to design must be supported by new/amended documentation

• Competency is a key factor when appointing contractors to support the safe management of structures. A procurement process that identifies contractors with appropriate experience, training and resources to support safe delivery is recommended. It is the responsibility of the client to appoint competent contractors. It is the responsibility of the contractor to ensure subcontractors are competent
• Consultation must take place with users of the TDS to ensure it’s overall integrity is not compromised
• Details of ground conditions and identification of overhead or underground services should also be provided in writing to the TDS contractor. It remains the responsibility of the client, unless specifically identified and agreed in writing, to provide such information
• An agreed programme for exchange of documents, timings of arrival, install and dismantle (construction and deconstruction) schedule, inspections and completion sign-off should be in place.

Site Layout:

It is the responsibility of the client, and or their appointed PD & PC, to provide and maintain safe working areas, and to provide for the welfare of all contractors they engage.

• Welfare facilities for staff and contractors including toilets, water and some form of shelter must be provided by the client
• The proposed working areas need to be secured from the general public and prepared for the arrival of trucks, use of plant, etc
• If the site is deemed to be a high-risk area then installation of fencing and management systems to control access are required and security staff may need to be considered. (A construction area may be deemed to be high risk where multiple contractors are on site at the same time and/or members of the public have access to the site)
• If the site is considered to be low risk, temporary barriers or pin & tape may be used.

Traffic Management Plan (TMP):

The TMP needs to be established within, and as part of, creating a safe working area. This is not just about getting the trucks to site in the right order, but ensuring their unloading is planned and managed to ensure safety. The TMP may include:-

• Plant movement, loading and unloading trucks and includes a banksman when necessary
• Pedestrian worker access to ensure separation of vehicles and people
• Truck movement and unloading area
• Safe working areas for staff
• Stillage lay down area
• Equipment access routes to build location
• Proof of competency to drive plant/equipment.

Safety Briefing and Tool Box Talk:

The aim of this is to ensure that safe working practices are established on site.

• Attendance at a site safety briefing (which is the responsibility of the client or their nominated PC) is required for every contractor and every project / show or event. This briefing must note site-specific hazards that may be present and highlight them for contractors
• Coordination of area overlaps or different contractor’s site rules and safe working methods must be considered by the client, or their nominated PD
• Toolbox talks should be carried out for each major activity at the start of each work period by the contractor delivering the structure and include:
• Discussion of the work required for the day ahead and safety messages from site safety briefing
• Review and understanding of risk assessment and method statement RAMS and how they apply to the specific task
• Assessment of wind conditions and it’s impact on install or dismantle and methods of work
• Detailed drawings of the temporary structures for that site must be available on site prior to commencement and throughout the project.