Индивидуальные

Question 1

1. How does workplace Health & Safety law apply to Self Build?

Answer

Health and safety law should not discourage people from undertaking self build projects if they feel they have the necessary skills, knowledge and understanding of construction processes. However, construction work is high risk work and each year more than 50 people are killed and many thousands seriously injured. Small sites account for up to three quarters of these incidents. Self builders will have duties under workplace health and safety law if a) they intend to sell the property on completion, in which case they would be considered to be a Developer b) the self builder directly employs (even if only temporarily), workers to build the property c) they choose to manage the project taking on Contractors to do the work The Construction (Design and Management) Regulations 2007 (CDM) place duties on all those in the construction supply chain including the client, designers and contractors. Many of the regulations only apply to those who carry out the work as part of a business (a) above would be considered a business. However, some of the regulations also apply to anyone who has control over the way in which construction work is carried out and this will include those self builders who fall into b) and c) above. The self builder who takes on the project management role would have duties to ensure: health and safety risks are properly controlled throughout the project activities are coordinated to ensure the work is done safely contractors they appoint are competent to do the work safely, and those working on site co-operate with each other. Practical guidance on how to manage a construction site and control the risks that arise from construction work can be found on the HSE Website at www.hse.gov.uk/construction Where the self builder employs workers there will be some additional duties such as obtaining Employer’s Liability Compulsory Insurance and the duty to control the risks that arise from the construction work. There are a number of well known duties under CDM which are not required of self builders There is no requirement to notify HSE of the project A CDM Coordinator need not be appointed A Health and Safety plan does not have to be prepared A Health and Safety file does not have to be prepared for the completed structure/building

Question 2

2. HSE's Legal Interpretation of Self-Build

Answer

Table not available on Mobile. HSE have provided the following self build health and safety guidance (produced March 2012) as a result of work undertaken by Self-Build Zone as part of its contribution to the action plan to promote the growth of self build housing produced by the self build government-industry working group in July 2011. It’s designed to demonstrate to the self-builder the importance of health and safety and where their responsibilities lie. Practical guidance on how to manage a construction site and control the risks that arise from construction work can be found on the HSE Website. 1. How does workplace Health & Safety law apply to Self Build? 2. Project based break down of workplace Health & Safety law 3. HSE's Legal interpretation of a Self Build 4. Relevant Documentation and Downloads How does workplace Health & Safety law apply to Self-Build? Health and safety law should not discourage people from undertaking self build projects if they feel they have the necessary skills, knowledge and understanding of construction processes. However, construction work is high risk work and each year more than 50 people are killed and many thousands seriously injured. Small sites account for up to three quarters of these incidents. Self builders will have duties under workplace health and safety law if a) they intend to sell the property on completion, in which case they would be considered to be a Developer b) the self builder directly employs (even if only temporarily), workers to build the property c) they choose to manage the project taking on Contractors to do the work The Construction (Design and Management) Regulations 2007 (CDM) place duties on all those in the construction supply chain including the client, designers and contractors. Many of the regulations only apply to those who carry out the work as part of a business (a) above would be considered a business. However, some of the regulations also apply to anyone who has control over the way in which construction work is carried out and this will include those self builders who fall into b) and c) above. The self builder who takes on the project management role would have duties to ensure: health and safety risks are properly controlled throughout the project activities are coordinated to ensure the work is done safely contractors they appoint are competent to do the work safely, and those working on site co-operate with each other. Practical guidance on how to manage a construction site and control the risks that arise from construction work can be found on the HSE Website at www.hse.gov.uk/construction Where the self builder employs workers there will be some additional duties such as obtaining Employer’s Liability Compulsory Insurance and the duty to control the risks that arise from the construction work. There are a number of well known duties under CDM which are not required of self builders There is no requirement to notify HSE of the project A CDM Coordinator need not be appointed A Health and Safety plan does not have to be prepared A Health and Safety file does not have to be prepared for the completed structure/building Self Build does not attract duties under the Health and Safety at Work etc Act 1974 unless the self builder intends to sell the property on completion in which case they may be considered to be self employed the self builder directly employs (even if only temporarily) workers to build the property As an employer the self builder has a duty to ensure the health and safety of their employee(s). In relation to construction work the Construction (Design and Management) Regulations 2007 (CDM) place duties on those procuring, planning, designing for and carrying out construction work. Many of the duties only fall on those who are carrying out the work as part of a business but a number of important duties will fall on some self builders Self Build is “construction work” and a “project” as defined in the CDM. A self builder cannot to any extent assume the CDM duties/responsibilities of the client, designer, principal contractor or other contractor as these definitions are all qualified by the term '...in the course or furtherance of a business'. A self-builder may be subject to a duty under CDM by virtue of Reg. 25(2), to the extent that the individual controls construction work being carried out. The duty is for the individual to comply with the requirements of Part 4 insofar as they relate to matters within their control. Part 4 includes duties relating to; Safe places of work Good order and site security Stability of structures Demolition or dismantling Excavations Reports of inspections Traffic routes Vehicles Prevention of risk from fire etc. Emergency procedures Emergency routes and exits Fire detection and fire-fighting Temperature and weather protection Lighting In line with the extent of that control self builders will have to ensure that: those contractors they appoint are competent to do the work safely, and those working on site co-operate with each other; activities are coordinated to ensure the work is carried out safely Self Build projects are not notifiable (to the HSE) as the self builder is not a client as defined in CDM. Self builders will not therefore be required to appoint CDM Coordinators or prepare health and safety plans and files.