Health and safety obligations for construction projects in Ireland

This is vital to ensure safe working environments, but also to prevent contractors falling foul of the law and to ensure business continuity.

The general health and safety legislative framework

The Safety, Health and Welfare at Work Act 2005 (the Act), together with the Safety, Health and Welfare at Work (General Application) Regulations 2007 (the Regulations) are the founding pillars of workplace health and safety law in Ireland. The Act is similar in ethos to that of the Health and Safety at Work (NI) Order 1989 (equivalent to the Health and Safety at Work Act 1974 in GB) and the Regs are similar to The Management of Health and Safety at Work (Northern Ireland) Regulations 2000 (equivalent to The Management of Health and Safety at Work Regulations 1999 in GB). 

Construction specific health and safety legislative framework

The Safety, Health and Welfare at Work (Construction) Regulations 2013 (the Construction Regs) impose specific health and safety obligations on “duty holders” undertaking projects in Ireland. They are similar in ethos to the Construction (Design and Management) Regulations (Northern Ireland) 2016 (equivalent to the Construction (Design and Management) Regulations 2015 in GB).

Contractors engaged in construction activities in Ireland should consider their obligations on a project by project basis against the Irish legislative framework. It is not possible to opt out, regardless of the governing law of the construction contract.

The Act: duties and obligations

The Act applies to all employers, employees and self-employed persons. Employers must ensure, so far as is reasonably practicable, the safety, health and welfare of employees at work.

Key duties include:

Safe workplaces and systems

Employers must:

• provide and maintain a safe, risk-free workplace;
• ensure safe design, provision and maintenance and plant and machinery;
• implement safe systems of work for all activities.

Risk management

Employers must:

• identify hazards and assess risks;
• prepare and maintain a ‘safety statement’ based on risk assessments;
• put in place protective and preventative measures.

Training and information

Employers must:

• provide instruction, training and supervision on health and safety;
• inform employees about risks and preventative measures.

Protective equipment

Employers must supply and maintain appropriate protective clothing and equipment.

Competent personnel

Employers must appoint a safety officer or other competent person to oversee compliance.

Prevention of improper conduct

Employers must prevent behaviour that could endanger workplace safety, health or welfare.

Emergency preparedness

Employers must plan for emergencies and serious and imminent dangers.

Health surveillance

Employers must provide health surveillance and, where necessary, ensure medical fitness for work.

Similar to the position under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) in the UK, the Act provides reporting obligations to the Health and Safety Authority (HSA) in accordance with Regulations.

Employers must notify the Health and Safety Authority (HSA) when:

• an accident at work causes an employee to be incapacitated for more than three consecutive days – HAS should be notified within 10 working days;
• a fatality occurs – HAS should be notified within five working days;
• certain “dangerous occurrences”, as defined in the Regulations, happen – for example, collapse of scaffolding or explosion.

Additional detail on what constitutes a “dangerous occurrence” and the reporting process is provided in the Regulations.

The Regulations

The Regulations apply to all workplaces in Ireland and complement the Act. They consolidate numerous previous regulations into one framework, acting as a ‘one stop shop’ and making compliance easier for employers. They are divided into thematic parts addressing specific workplace safety areas, including, for example, workplace and equipment and working at height.

Key duties under the Regulations include:

• to maintain safe workplaces and equipment;
• to conduct risk assessments and implement preventive measures;
• to provide PPE, training, and health surveillance;
• to appoint competent persons for safety tasks.

The Construction Regulations - duties and obligations 

The Construction Regulations govern the health and safety obligations of various duty holders on construction projects in Ireland.

Clients

The onus is on clients to employ competent designers and contractors, including the project supervisor for the design process (PSDP), at the beginning of the design process; and the project supervisor for the construction stage (PSCS) before commencement of the construction work. The PSDP and the PSCS need only be appointed where: 

• there is more than one contractor;
• there is a particular risk involved in the construction work;
• the work is scheduled to last more than 30 days; or
• the volume of work exceeds 500 person days.

Even if a designer or contractor has previously been appointed as a principal designer or a principal contractor under the similar CDM Regulations in NI or GB, this does not necessarily mean that they will possess the necessary experience to be appointed as the PSDP and PSCS to a construction project in Ireland. As such, clients must reasonable enquiries as to the competence of prospective PSDPs and PSCSs.

Project supervisor for the design process

The PSDP must have extensive knowledge of the design process and prior experience of the type of construction work involved in the project. They bear responsibility for identifying and eliminating hazards which arise from the technical, organisational, planning or time-related aspects of the project.

The PSDP must also ensure integration of health and safety into project designs, facilitate cooperation amongst designers, and maintain a safety file. This file must contain, among other things, details of maintenance procedures and equipment, emergency protocols and contact details, as well as project particulars and specifications, and is to be provided to the client upon completion of the project.

Typically, an architectural practice, consulting engineers or project management specialists will be appointed to this role. 

Designers

This applies to any contractor or professional instructed in preparing drawings, specifications, calculations or particulars for a project, including those engaged in the design of temporary works. They must ensure the works are safely designed and constructed, that the works are safely maintained, and comply with health and safety legislation.

Designers must also cooperate with the PSDP and PSCS, which includes communicating any necessary control measures, design assumptions, or outstanding risks to the PSDP. It is also important that designers continually evaluate any health and safety risks throughout the design process, particularly where plans may change. 

Project supervisor for the construction stage

The PSCS is responsible for managing any health and safety issues during the construction phase and outlining any key risks and control measures in a written health and safety plan prior to the commencement of the works.

The PSCS also has the responsibility for monitoring contractor compliance, taking corrective action in the event of a breach, and informing the client and the Health and Safety Authority (HSA) of any contractor non-compliance.

Contractors

This encompasses any employer whose employees carry out or manage construction works, including main contractors, sub-contractors and any self-employed contractors. They are responsible for providing the PSCS with risk assessments, details as required for the safety file, and evidence of any reportable incidents.

Contractors must also ensure that their employees have received the proper training and are in possession of a safety awareness card and construction skills card (where required), which will be required to gain entry onto a construction site.

Consequences of breach

The safety, health and welfare of the workforce is of course the paramount concern. Regrettably, year on year, numerous workplace fatalities are reported which could have been avoided had a safe system of work been in place.

A health and safety breach is a criminal offence which carries heavy consequences for corporates and individuals, including a maximum penalty of €3,000,000 and/or imprisonment for a term of up to two years. In addition, prosecution carries significant reputational damage and conviction can lead to exclusion from certain public procurement contracts.

Accordingly, health and safety compliance should be a matter of board level commitment.