Construction Sites (Safety) Regulations 1985

PART I

PRELIMINARY

Citation

1 These Regulations may be cited as the Construction Sites (Safety) Regulations 1985.

Interpretation

2 In these Regulations, unless the context otherwise requires—

"the Act" means the Health and Safety at Work Act 1982 [title 18 item 10];

"competent person", in relation to any duty to be performed un der these Regulations by a competent person, means a per son who is—

(a) appointed for that purpose by a contractor or an em ployer of workmen, as the case may be, to ensure that the duty is carried out by a competent person; and

(b) by reason of training or practical experience, as the case may be, competent to perform the duty;

"construction work" means—

(1) the construction, erection, installation, reconstruction, repair, maintenance (including redecoration and external cleaning) renewal, removal, alteration, improvement, dismantling or demolition of any of the following struc tures or works—

(a) any building, edifice, wall, fence, or chimney, whether constructed wholly or partly above or be low ground level;

(b) any road, railway, aerial ropeway or canal;

(d) any aqueduct, viaduct, bridge, or tunnel;

(e) any sewer, sewage disposal works, or filter bed;

(f) any airport works connected with air navigation;

(g) any dam, reservoir, well, pipeline, culvert, shaft, or reclamation;

(h) any drainage, irrigation, or river control work;

(i) any water, electrical, gas, telephonic, telegraphic, radio, or television installation or works, or any works designed for the manufacturing or transmis sion of power or the transmission or reception of radio or sound waves;

(j) any structure designed for the support of machin ery, plant, or power transmission lines;

(2) any work involved in preparing for any operation referred to in paragraph (1), including the laying of foundations and the excavation of earth and rock prior to the laying of foundations;

(3) the use of machinery, plant, tools, gear, and materials in connection with any operation referred to in paragraph (1);

"construction site" means a place where construction work is undertaken and also any area in the immediate vicinity of any such place and any yard which is used for the storage of materials or plant used or intended to be used for the pur pose of construction work;

"contractor", in relation to construction work, means any person or firm engaged in carrying out construction work by way of trade or business, either on his own account or pursuant to a contract or arrangement entered into with another person, including the Crown;

"employer of workmen" means an employer who carries out con struction work on his own premises using workmen employed by himself;

"hoist" means a lifting machine, whether worked by mechanical power or not, with a carriage, platform or cage, the movement of which is restricted by a guide or guides; and also the sup ports, well and enclosures, and the carriage, platform or cage, and the whole of the mechanical and electrical apparatus (if any) required in connexion with the operation and safety of a hoist;

"ladder" does not include a step-ladder:

"lifting appliance" means any stationary or mobile appliance used in construction work for the purpose of suspending, raising or lowering loads or moving them from one position to another whilst suspended and includes lift trucks and hoists;

"lifting gear" means any gear by means of which a load can be attached to a lifting appliance but which does not form an integral part of that appliance or load but does not include pallets, one-trip slings and freight containers;

"maintained" means maintained in an efficient state, in efficient working order and in good repair;

"plant or equipment" includes any plant, equipment, gear, ma chinery, apparatus, or appliance, or any part thereof:

"working platform" means any scaffold, gangway, stage, stair, ladder or step-ladder (other than an independent ladder or step ladder) temporarily provided for work, for access to a place of work or taking materials to a place of work including suspended scaffolds permanently provided for buildings;

"workman" means a person engaged in construction work.

Application of Regulations

3 These Regulations apply to—

(a) all construction work:

(b) all construction sites; and

Obligations under Regulations

4 (1) It shall be the duty of every contractor and every employer of workmen who is undertaking any construction work to which these Regulations apply—

(a) to comply with such of the requirements of the following Regulations as affect him or any workman employed by him, that is to say, Regulations 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 (1) , 18, 19, 25, 30, 33 and 36 in so far as it re lates to the protection of a hoistway, 40, 43, 44, 46, 47, 53 (1), 55, 56, 57, 59, 62, 63, 66, 67, 69, 70, 75 (1) , 75 (2) , 76 (1) and 77, and in so far as they relate to the falling or slipping of persons, Regulations 60, 61, 64 and 65:

Provided that the requirements of the said Regulations shall be deemed not to affect any workman if and so long as his presence in any place is not in the course of per forming any work on behalf of his employer and is not expressly or impliedly authorized or permitted by his employer; and

(b) to comply with such of the requirements of Regulations 8, 14, 49, 50, 51, 52, 53 (2) , 54, 58, 66 and 77 as relate to any work, act or operation performed or about to be performed by any such contractor or employer of work men and in so far as they relate to the falling of materi als and articles, Regulations 40, 60, 61, 64 and 65,

and it shall be the duty of every contractor and every employer of work men—

(c) who erects or alters any working platform to comply with such of the requirements of these Regulations as relate to the erection or alteration of working platforms having regard to the purpose or purposes for which the working platform is designed at the time of erection or alteration; and

(d) who erects, installs, works or uses any other plant or equipment to which Regulations 15 (2), 34, 35, 36, 37, 38, 39, 41, 42, 45 and 48 apply, to erect, install, work or use any such plant or equipment in a manner which complies with those provisions.

(2) The owner of any lifting appliance or lifting gear shall com ply with the requirements of Regulations 16 to 18, 20 to 33.

(3) No employer shall allow any lifting appliance or lifting gear to be used by any person employed by him which does not comply with Regulations 16 to 18, 20 to 33.

(4) It shall be the duty of every person employed to comply with the requirements of such of these Regulations as relate to the perfor mance of or the refraining from an act by him and to co-operate in car rying out these Regulations and, if he discovers any defect in any plant or equipment, to report such defect without unreasonable delay to his employer or foreman.

(5) No contractor, employer or employee carrying out any con struction work to which these Regulations apply shall wilfully and with out reasonable care do anything likely to endanger himself or others.

PART II

SAFETY OF WORKING PLACES

Safety of working places and access and egress

5 (1) Without prejudice to any other provisions of these Regula tions there shall, so far as is reasonably practicable, be suitable and suf ficient safe access to and egress from every place on the construction site at which any person at any time works, which access and egress shall be properly maintained.

(2) Without prejudice to any other provisions of these Regula tions, every place on the site at which any person at any time works shall, so far as is reasonably practicable, be made and kept safe for any person working there.

PART III

EXCAVATIONS

Safety of excavations

6 (1) No excavation or earthworking operations shall be carried on at any construction site unless a structure made of suitable timber or other suitable material has been erected in connexion with the opera tions so as to prevent persons employed on the site from being endan gered by a fall or displacement of earth, rock, or other material (including waste material and debris) adjacent to or forming the side of the excava tion or earthwork.

(2) All supports required for any excavation, shaft, or tunnel shall be of good construction and sound material and shall be inspected before and after use by a competent person and properly maintained when in use.

(3) Every part of an excavation or earthwork where persons are employed shall be examined by a competent person at least once in every period of 7 days after the commencement of the excavation or earthwork until it is completed or abandoned.

(4) A report under paragraph (3) of an examination and the re sults thereof signed by the person carrying out the examination shall be rendered in such form as the Minister may determine.

(5) This regulation shall not apply—

(a) to an excavation or earthwork where, having regard to
the nature and slope of the sides of the excavation or earthwork and other circumstances, no fall or dislodge ment of earth, rock, or other materials is liable to oc cur—

(i) so as to bury or trap any person employed in or near the excavation or earthwork; or

(ii) so as to strike any such person from a height of more than 1.2 metres (4ft.); or

(b) in relation to a person actually engaged in the erection of any structure or in rendering any excavation or earth work safe, or to a person engaged in examining any such structure, if other precautions which are reasonably ad equate to ensure his safety are taken.

Fencing of excavations

7 (1) Subject to paragraph (2), every accessible part of any exca vation, shaft, pit, or opening in the ground into or down the side of which a person employed at the site or any other person lawfully on the site is liable to fall a distance of more than 2 metres (6ft. 6 ins.) shall be pro vided with a suitable barrier erected as close as is reasonably practicable to the edge of the excavation, shaft, pit or opening, or shall be securely covered.

(2) Paragraph (1) shall not apply to any part of an excavation, shaft, pit or opening while (and to the extent to which) the absence of such barrier and covering is necessary for the access of persons or for the movement of plant or equipment or materials or while (and to the extent to which) it has not yet been practicable to erect such barrier or covering since the formation of that part of the excavation, shaft, pit or opening.

Safe guarding the edges of excavations

8 (1) Material shall not be placed or stacked close to the edge of any excavation, shaft, pit, or opening in the ground so as to endanger any person who is working in it,

(2) No load or plant shall be placed or moved near the edge of any excavation, shaft, pit, or opening in the ground if it is likely to cause the side of the excavation, shaft, pit, or opening to collapse and thereby endanger any person,

Requirement for emergency escape

9 Where at any construction site there is an excavation, shaft, tunnel, pit, or opening in the ground and where there is reason to ap prehend danger to persons employed therein from rising water or from an irruption of water or material, adequate means shall be provided to enable such persons to reach positions of safety in the event of emer gency.

PART IV

COFFERDAMS AND CAISSONS

Construction and maintenance

10 Every cofferdam or caisson and every part thereof shall be of good construction, of suitable and sound material, free from patent de fects and of adequate strength and shall be properly maintained.

Means of egress in case of flooding

11 (1) In any cofferdam or caisson there shall, so far as reasonably practicable be adequate means for persons to reach places of safety in the event of an inrush of water into the cofferdam or caisson.

(2) No person shall be held not to have complied with a re quirement of paragraph (1) by reason of any matter proved to have been due to physical conditions over which he had no control and against which it was not reasonably practicable for him to make provision.

Supervision of work and inspection of material

12 (1) No cofferdam or caisson or part thereof shall be constructed or be placed in position or be substantially added to or altered or be dis mantled except under the immediate supervision of a competent person and so far as possible by competent workmen possessing adequate expe rience of such work.

(2) All material for the construction or fixing of a cofferdam or caisson shall be inspected by a competent person on each occasion be fore being taken into use for such a purpose and material which is un suitable or defective in any respect shall not be so used.

Inspections and examinations

13 (1) Subject to paragraph (2) of this Regulation, no person shall be employed in a cofferdam or caisson unless it has been inspected by a competent person at least once on the same or preceding day and
unless it has been thoroughly examined by a competent person—

(a) since explosives have been used in or near the cofferdam or caisson in a manner likely to have affected the strength or stability of the cofferdam or caisson or of any part thereof; and

(b) since the cofferdam or caisson has been substantially damaged; and

Provided that sub-paragraph (c) of this paragraph shall not apply until seven days have elapsed since the cofferdam or caisson was erected or placed in its position on the site.

(2) A report, in the form and containing such particulars as the Minister may determine, of the results of every such examination, signed by the person carrying out the examination, shall be made on the day of the examination.

(3) This Regulation shall not apply in relation to persons actu ally engaged in the construction, placing, repairing or alteration of the cofferdam or caisson or carrying out inspections or examinations re quired by this Regulation if appropriate precautions are taken to ensure their safety as far as circumstances permit.

PART V

EXPLOSIVES

Explosives

14 Explosives shall not be handled or used at a construction site except by a person authorized under the Explosive Substances Act 1974 [title 10 item 13], and unless appropriate steps are taken by such a per son to see that, when a charge is fired, persons employed are in positions in which, so far as can reasonably be anticipated, they are not exposed to risk or injury from the explosion or from flying material.

PART VI

CONFINED SPACES

Confined spaces

15 (1) No person shall enter or remain in any enclosed or confined space where the atmosphere therein may be or become dangerous un less—

(a) it is necessary for him to do so; and

(b) effective steps are taken to protect him from danger.

(2) No fixed or mobile plant fitted with an internal combustion engine shall be used in any enclosed or confined space unless specific provision is made for conducting the exhaust gases from the engine into the open air, or the place is adequately ventilated so as to prevent danger to health from such exhaust gases.

PART VII

LIFTING APPLIANCES

Construction and maintenance of lifting appliances

16 (1) Lifting appliances shall be of good construction and prop erly assembled, and shall not be erected or dismantled except under the supervision of a competent person.

(2) Every part of a lifting appliance, including any means used for anchoring, fixing or supporting and stabilizing it, the failure of which would be liable to affect its safe working, shall be—

(a) of good design, properly made, of sound materials, of ad equate strength for the purpose for which it is used and free from patent defect; and

(b) properly maintained.

(3) Lifting appliances shall not be used except in a safe and proper manner.

(4) Without prejudice to the generality of paragraph (3), the manner of use shall be deemed not to be safe and proper if, except for the purpose of carrying out a test, the lifting appliance is loaded in ex cess of its designated safe working load, or in the case of a lift truck, its rated capacity.

Testing and examination of lifting appliances

17 (1) No lifting appliance shall be taken into use for the first time, or after it has undergone any alterations or repair likely to affect its strength or stability, unless it has been tested and thoroughly examined by a competent person and a certificate of such test and examination, in such form as the Minister may determine and signed by
the person car rying out the test and examination has been made.

(2) A lifting appliance shall not be used unless it has been thoroughly examined by a competent person at least once within the preceding period of twelve months, or at such lesser period as may be determined by the Minister and a report of the results of every such ex amination in such form as the Minister may determine and signed by the person carrying out the examination has been made.

(3) If a competent person making a thorough examination un der paragraph (1) or (2) forms the opinion that a lifting appliance cannot continue to be used with safety, he shall—

(a) immediately inform both the owner and user of the lift ing appliance who shall, on receipt of that information, cause the lifting appliance to be taken out of use; and

(b) forward a written report to the Minister within twenty-eight days; and

(4) At every fourth examination made under paragraph (2) of this Regulation, the person making the examination shall state in his re port whether, in his opinion, it is necessary for that lifting appliance to be retested and thoroughly examined as required by paragraph (1) and the period within which this should be done.

Trained workmen to operate lifting appliances

18 (1) No lifting appliance shall be operated except—

(a) by a person who is trained and competent to operate it: or

(b) by a person for training purposes, under the direct and constant supervision of a trained and competent person.

(2) No person under 18 years of age shall be employed to oper ate a lifting appliance.

Signals

19 (1) If the person operating a lifting appliance has not a clear and unrestricted view of the load, or, where there is no load, of the point of attachment for a load, and of its vicinity throughout the operation, ex cept at any place where such view is not necessary for safe working, there shall be appointed and suitably stationed, one or more competent persons as may be necessary to give necessary signals to the operator.

(2) Every signal given by a signaller for the movement or stop ping of a lifting appliance shall be distinctive and shall be clearly audible or visible to the person to whom it is given.

(3) The operator shall obey only the signals of the person ap pointed to give the signals, except that the operator must obey a signal for an emergency stop given by any person employed.

Coupled appliances

20 (1) Where two lifting appliances are required to raise or lower a single load—

(a) the lifting operation shall be planned in advance;

(b) a competent person shall be appointed to supervise the operation and shall be present throughout the operation;

(d) the lifting operation shall be so arranged that the load on each appliance does not exceed three-quarters of the safe working load of the appliance.

(2) More than two appliances shall not be used to raise or lower a single load.

Marking of safe working loads

21 (1) The safe working load and distinguished number or mark shall be marked on every lifting appliance except in the case of a fork-lift truck where its rated capacity shall be marked.

(2) Every lifting appliance which has a safe working load which varies according to the operating radius or inclination of the boom shall be fitted with an accurate indicator which shows the operating radius or inclination of the boom for the time being, so that the safe working load corresponding to the operating radius or inclination of the boom shown on the indicator can be calculated by reference to the tables provided in the operator's cabin of the appliance which have been prepared by the maker of the appliance or by a competent person.

(3) The indicators and tables mentioned in paragraph (2) shall be properly maintained and shall at all times be clearly legible to the op erator from his operating position in the cabin.

(4) Tables which are provided in accordance with paragraph (2) shall have suitable and sufficient entries to enable an operator to deter mine the safe working load of the appliance at any operating radius or any position of the boom within the range of operating radii or angles of inclination of the boom.

(5) In the case of appliances with a varying safe working load the Minister may prescribe the fitting of accurate indicators clearly visi ble to the driver showing the radius of the boom at any time and the safe working load corresponding to that radius.

Inspection of lifting appliances

22 Every lifting appliance which is in use on a construction site shall—

(a) be inspected at least once in each week in which it is in use—

(i) by the driver or operator; or

(ii) if the driver or operator is not competent for the purpose, by a competent person; and

(b) after any such inspection, not be used unless there has been obtained in respect of the inspection, or any further inspection that may be necessary as a result of any de fect discovered in the appliance on that inspection, a re port in such form as the Minister may determine which includes a statement to the effect that the appliance is in safe working order.

Precautions to be taken where lifting appliance has travelling or slewing motion

23 (1) Subject to paragraph (2), on every stage, gantry, or similar place where a lifting appliance having a travelling or slewing motion is in use, an unobstructed passageway, of not less than 600 millimetres (24ins) wide, shall be maintained between any part of the appliance li able so to move and any nearby guard rail, fence, or other fixture.

(2) If at any time it is impracticable to maintain any such pas sageway at any particular place, all reasonable steps shall be taken to prevent persons from having access to that place when the appliance is in use.

Attendance at suspended load

24 No load shall be kept suspended from a lifting appliance, unless there is a competent operator at the controls of the appliance while the load is suspended.

Carrying of persons by means of lifting appliances

25 (1) A person may be raised, lowered or carried by a power driven lifting appliance—

(a) on the driver's platform in the case of a crane;

(b) on a suspended scaffold of such design and construction as ensures the safety of any person carried thereon;

(i) the appliance can be operated from one position only;

(ii) any winch used in connexion with the appliance is fitted with a normally applied brake released only when the control device is moved to the op erating position;

(iii) the person is carried in a suitable chair, cage, skip or other receptacle at least 1 metre (40") deep, of good construction, sound material and adequate strength, and which is provided with suitable means to prevent any occupant falling out and does not contain material or tools liable to interfere with his handhold or otherwise en danger him:

(iv) suitable measures are taken to prevent such chair, cage, skip or other receptacle from spin ning or tipping in a manner dangerous to any occupant; and

(v) if a hook is fitted to the appliance it shall be so designed and maintained as to prevent the acci dental displacement of such chair, cage, skip or other receptacle from the hook;

(d) from an aerial ropeway or cableway or an overhead run way, provided that the provisions of sub-paragraph (c) (ii), (iii) and (iv) are complied with.

(2) A power driven lifting appliance (other than a hoist) shall not be used for raising, lowering or carrying persons other than in accor dance with paragraph (1).

PART VIII

LIFTING GEAR

Lifting gear

26 No lifting gear shall be used in raising or lowering or as a means of suspension unless—

(a) it is good design, properly constructed, of sound mate rial, of adequate strength for the purpose for which it is used and free from any patent defect likely to affect its safe working load; and

(b) properly maintained.

Testing and examination of lifting gear

27 (1) No lifting gear, whether or not it forms part of a lifting ap pliance, shall be taken into use for the first time after manufacture, or after it has undergone any alteration or repair liable to affect its strength, unless it has been tested and thoroughly examined by a competent per son and, subject to paragraph (2), a certificate of such test and examina tion, in such form as the Minister may determine, signed by the person responsible for carrying out the test and examination and specifying its safe working load has been obtained:

Provided that this paragraph shall not apply to a sling made from a wire rope, natural fibre or man-made fibre rope where a certificate from the manufacturer has been obtained giving the minimum breaking strength for the rope from which that sling is manufactured.

(2) Where any chain or lifting gear is among the items which together constitute the subject-matter of a certificate signed by or on be half of the manufacturer of the chain or lifting gear, a properly certified copy of that certificate shall, in respect of that chain of lifting gear, be deemed to be a sufficient certificate for the purposes of that paragraph.

(3) Before any sling of a kind specified in the proviso to para graph (1) is taken into use for the first time after manufacture, or after it has undergone any alteration or repair liable to affect its strength, its safe working load shall be assessed by a competent person.

Further examinations of lifting gear

28 (1) All lifting gear shall be thoroughly examined by a competent person at least once in every period of twelve months or at such lesser interval as the Minister may determine.

(2) A report shall be made of the results of every examination required by paragraph (1) in such form as the Minister may determine and signed by the person required to carry out the examination.

(3) Where a competent person making a thorough examination under this Regulation forms the opinion that any chain, rope or lifting gear cannot continue to be used with safety, he shall immediately advise the owner or user of the lifting gear in writing.

(4) If the report of the person making a thorough examination of any chain, rope or lifting gear under paragraph (3) states that, in his opinion it cannot continue to be used with safety, the gear shall be taken out of use as soon as practicable,

(5) All lifting gear in use on a construction site shall be in spected by a competent person each day before use.

Marking of lifting gear

29 All lifting gear shall be marked in clear and legible figures and letters with the safe working load and an appropriate mark to distinguish it from other similar gear.

Safe working load of lifting gear

30 No chain, rope or lifting gear shall be used in a manner which is liable either to damage or to affect the safe working load of the chain, rope or lifting gear.

Hooks

31 Every hook forming part of any lifting appliance or lifting gear shall, before being taken into use for the first time after 4 September 1986—

(a) be provided with an efficient device to prevent the dis placement of the sling or load from the hook; or

(b) be of such shape as to reduce so far as practicable the risk of such displacement.

Marking of lifting beams and frames

32 Every lifting beam and lifting frame shall have its own weight plainly marked on it.

Load not to exceed safe working load

33 No lifting gear shall be loaded beyond its safe working load, ex cept for the purpose of making a test of the lifting gear.

PART IX

HOISTS

Construction and maintenance of hoists

34 Every hoist and every part thereof, including all working gear, shall be—

(a) of good design, properly made, of sound material of ade quate strength and free from patent defect; and

(b) properly maintained.

Tests and examination of hoists

35 No hoist shall be used unless—

(a) in the case of a hoist manufactured or substantially al tered after 4 September 1986, it has, since such manu facture, alteration or repair, as the case may be, been tested and thoroughly examined, by a competent person, and there has been obtained a certificate of such test and examination in such form as the Minister may de termine, signed by the person making or responsible for the carrying out of the test and examination and speci fying the safe working load of the hoist;

(b) it has been thoroughly examined by a competent person at least once within the previous six months;

(c) in the case of a hoist used for carrying persons, it has, since it was last erected or the height of travel of the cage was last altered, whichever is the later, been tested and thoroughly examined by a competent person and a report of the results of such test and examination, signed by the person making or responsible for the car rying out of the test and examinations, has been made in such form as the Minister may determine.

Safety of hoistways and platforms

36 (1) The hoistway of every hoist shall, at all points at which ac cess to the hoistway is provided or at which persons are liable to be struck by any moving part of the hoist, be efficiently protected by a sub stantial enclosure, and the enclose shall, where access to the hoist is needed, be fitted with gates.

(2) In each place where they are provided, the enclosure and gates shall, where practicable, extend to a height of at least 2.0 metres (6ft. 6 ins.), except where a lesser height is sufficient to prevent a person from falling down the hoistway and there is no risk of any person coming into contact with any moving part of the hoist, but in such a case the height of the enclosure and gate shall not be less than 1.0 metre (3 ft. 4 ins.).

(3) Gates fitted in accordance with the requirements of this Regulation shall be kept closed except where the platform is at rest at a loading place and it is for the time being necessary for the gate to be opened for the purpose of loading or unloading goods, plant or material.

(4) Every person using a hoist shall ensure that the gate is closed immediately after use unless it is for the time being necessary for the gate to be open for any of the purposes aforesaid.

(5) There shall where practicable, be provided and maintained in connexion with every hoist efficient devices which will support the platform and its safe working load in the event of the failure of the hoist rope or ropes or any part of the hoisting gear and provided and main tained one or more efficient automatic devices which will ensure that the platform of the hoist does not over-run the highest point to which it is for the time being constructed to travel.

Support, anchoring, fixing and erecting of hoists

37 A hoist shall not be used unless—

(a) it is adequately and securely supported;

(b) every part of a stage, scaffold, framework or other structure supporting the hoist or any part thereof is of good construction, of adequate strength, of sound mate rial and free from patent defect;

Operation of hoists

38 (1) A hoist shall not be used unless it is, as far as practicable,
constructed and installed in such a way that it can be operated only from one position at any one time.

(2) Where a person operating a hoist does not have a clear and unrestricted view of the platform throughout its travel, other than at points where such a view is not necessary for the safe working of the hoist, effective arrangements shall be made for signals for operating the hoist to be given to the person operating the hoist from each landing place at which the hoist is used and to enable him to stop the platform at the appropriate level.

Winches, drums and pulleys

39 Where a hoist is operated by means of a winch, the winch shall be so constructed that the brake is applied when the control lever handle or switch is not held in the operating position, and the winch shall not be a winch fitted with a pawl and ratchet gear on which the pawl has to be disengaged, before the platform can be lowered.

Loads to be safely secured

40 Every part of any load which is to be raised or lowered on the platform of a hoist shall be adequately secured so as to prevent danger arising to persons or property as a result of the slipping or displacement of any part of the load.

Hoists carrying persons

41 No hoist shall be used for carrying persons unless—

(a) the hoist is provided with a cage which—

(i) is so constructed as to prevent, when the cage gate is shut, any person from falling out of the cage or from being trapped between any part of the cage and any fixed structure or other moving part of the hoist or from being struck by articles or materials falling down the hoistway; and

(ii) is, on each side at which access is provided to a landing place, fitted with a gate which, so far as is reasonably practicable, has efficient inter locking or similar devices to prevent the gate from being opened unless the cage is at a land ing place and to prevent the cage from being moved away from any such place until the gate is closed;

(b) each gate at a landing place in the hoistway enclosure is fitted with efficient interlocking or similar devices to pre vent the gate from being opened except when the cage is at the landing place and to prevent the cage from being moved away from the landing place until the gate at that place is closed; and

(c) efficient automatic devices are provided which will cause the cage to come to rest at a point above the lowest point to which it is able to travel.

Safe working load and marking of hoists

42 (1) Every hoist shall—

(a) have its safe working load clearly and legibly marked on its platform;

(b) not be used to carry any load greater than that safe working load, except that for the purpose of carrying out a test, the safe working load may be exceeded by such amount as a competent person appointed to carry out the test may authorize.

(2) In addition to paragraph (1)—

(a) in the case of a hoist for carrying persons—

(i) the maximum number of persons to be carried at any one time shall be clearly and legibly marked on its platform; and

(ii) a greater number of persons shall not be so car ried; and

(b) in the case of any other hoist there shall be marked or affixed to its platform a clear and legible notice stating that the carriage of persons is prohibited.

PART X

TRANSPORT BY WATER AND PREVENTION OF DROWNING

Transport by water

43 When any person employed is conveyed to or from any place of
employment by water, proper measures shall be taken to provide for his safe transport, and the vessels used for that purpose shall be of suitable construction, properly maintained, and in the charge of a competent per son and shall not be over-crowded or overloaded.

Condition and use of vehicles and trailers

44 (1) Where, on or adjacent to any construction site, there is wa ter into which a person employed is, in the course of his employment, li able to fall with risk of drowning suitable rescue equipment shall be pro vided and kept in an efficient state and ready for use and measures shall be taken to arrange for the prompt rescue of any such person in danger of drowning.

(2) Where there is special risk of such fall from the edge of ad jacent land or of a structure adjacent to or above the water, or of a floating stage, secure fencing shall be provided near the edge thereof to prevent such a fall, so, however, that such fencing may be removed or remain unerected for the time and to the extent necessary for the access of persons or the movement of materials.

PART XI

USE OF VEHICLES ON SITES

Prevention of drowning

45 A mechanically propelled vehicle or a mechanically drawn trailer-vehicle if owned or used by, or hired by and operated under the control of a contractor or an employer carrying out construction work at the site and used for conveying workmen, goods or materials for the purpose of construction work shall, when being moved at a site where such work is carried on (whether or not workmen, goods or materials are actually be ing conveyed on the vehicle at the time)—

(a) be in an efficient state, in efficient working order and in good repair;

(b) not be used in an improper manner;

(c) not be loaded in such a manner or to such an extent as to interfere with the safe driving or operation of the vehi cle.

Riding in insecure positions on vehicles

46 No person shall ride or be required or permitted to ride in an in secure position on any vehicle to which Regulation 45 applies and shall only be permitted to ride at the place thereon provided for that purpose.

Remaining on vehicles during loading

47 No person shall remain or be required or permitted to remain on any vehicle to which Regulation 45 applies during the loading of the ve hicle with loose materials by means of a grab, excavator or similar appli ance, if he is endangered by so remaining.

Vehicles near edge of excavations

48 Where any vehicle is used for tipping material into any excava tions or pit or over the edge of any embankment or earthwork, adequate measures shall be taken, where necessary, so as to prevent the vehicle from over-running the edge of the excavation, pit, embankment or earthwork.

PART XII

DEMOLITION

Demolition

49 Every contractor undertaking the demolition of the whole or any substantial part of a building or other structure shall appoint a compe tent person experienced in such operations to supervise the work, so, however, that where more than one contractor takes part in such demo lition operation, each such contractor shall appoint a competent person as aforesaid and either the same person shall be jointly appointed by ev ery contractor or each contractor shall make arrangements to ensure that no operation is undertaken by his workmen except after consulta tion between all the persons so appointed as to the method by which and the time at which the operation is to be carried out.

Steps to be taken before and during demolition

50 Before demolition is commenced, and also during the progress of the work, all practicable steps shall be taken to prevent danger to per sons employed—

(a) from risk of fire or explosion through leakage or accu mulation of gas or vapour; and

(b) from risk of flooding.

Precautions in connection with demolition

51 (1) No part of a building or other structure shall be so over loaded with debris or materials as to render it unsafe to persons em ployed.

(2) The following operations shall be carried out only under the immediate supervision of a competent foreman or chargehand with ade quate experience of the particular kind of work or by workmen experi enced in the kind of work and under the direction of a competent fore man or chargehand as aforesaid—

(a) the actual demolition of a building or part thereof or any other structure or part thereof, except where there is no risk of a collapse of any part of the building or the structure in the course or as a result of the said demoli tion, so as to endanger any person employed other than a risk which could not reasonably have been foreseen;

(b) the actual demolition of any part of a building or other structure where there is a special risk of collapse, whether of that or of any other part of the building or structure, in the course or as a result of the said demo lition, so as to endanger any person employed;

(c) the cutting of reinforced concrete, steelwork or ironwork forming part of the building or other structure which is being demolished; and before any steelwork or ironwork is cut or released, precautions shall be taken to avoid danger from any sudden twist, spring or collapse of the steelwork or ironwork.

(3) All practicable precautions shall be taken to avoid danger from collapse of the building or other structure when any part of the framing is removed from a framed or partly framed building or other structure.

(4) Before demolition is commenced and also during the progress of the work, precautions shall, where necessary, be taken by adequate shoring or otherwise to prevent, as far as practicable, the acci dental collapse of any part of the building or structure or of any adjoin ing building or structure the collapse of which may endanger any person employed:

Provided that this requirement shall not apply in relation to any person actually engaged in erecting or placing shoring or other safe guards for the purpose of compliance with the requirement, if appropri ate precautions are taken to ensure his safety as far as circumstances permit.

PART XIII

ELECTRICITY

Electricity

52 (1) Before any work is started on a construction site, and dur ing the progress of the work, all practicable steps shall be taken to pre vent danger to persons employed from any buried cable, energized over head cable or apparatus which is liable to be a source of such danger, either by making the cable or apparatus electrically dead or otherwise.

(2) All temporary electrical wiring on a construction site shall be constructed and installed, and where necessary protected and tested, so as to prevent danger so far as is reasonably practicable.

(3) All temporary electrical wiring on a construction site shall be maintained in an efficient state, in efficient working order, in good re pair and operated and used so as to prevent danger so far as is reason ably practicable.

(4) No portable electrical tool shall be used on a construction site unless it is either efficiently grounded or constructed with double in sulation in accordance with a standard approved by the Minister.

(5) All portable electrical tools and their cords shall be properly maintained and inspected by a competent person each day before use.

PART XIV

PROTECTION FROM FALLING MATERIALS AND DANGER FROM COL LAPSE

Protection from falling materials

53 (1) At every construction site where any person is habitually employed steps shall be taken to prevent any person who is working on that site from being struck by any falling materials or article.

(2) Scaffold materials, tools, other objects and materials (including waste material) shall not be thrown, tipped or shot down from a height where they are liable to cause injury, but where practicable shall be properly lowered and, in any place where proper lowering is not practicable and also where any part of a building or other structure is being demolished or broken off, adequate steps shall be taken to protect persons employed from falling or flying debris.

Avoidance of danger from collapse of structure

54 (1) All practicable precautions shall be taken by the use of temporary guys, stays, supports and fixings or otherwise where neces sary to prevent danger to any person employed through the collapse of any part of a building or other structure during any temporary state of weakness or instability of the building or structure or part thereof before the building or structure is completed.

(2) Where any work is carried on which is likely to reduce, so as to endanger any person employed, the security or stability of any part of an existing building or structure or of a building or structure in course of construction, all practicable precautions shall be taken by shoring or otherwise to prevent danger to any person employed from the collapse of the building or structure or the fall of any part thereof.

PART XV

WORKING PLACES (GENERAL)

Working platforms

55 Without prejudice to any other provisions of these Regulations, where work cannot safely be done on or from the ground or from part of a building or other permanent structure, there shall be provided, placed, kept in position for use and properly maintained either working plat forms or, where appropriate, ladders or other means of support, all of which shall be sufficient, strong and suitable for the purpose.

Construction of working platforms

56 Every working platform and every part thereof shall be of good construction, of suitable and sound material and of adequate strength for the purpose for which it is used.

Erection or alteration of working platforms

57 No working platform shall be erected or substantially added to, altered or dismantled except under the immediate supervision of a com petent person and, so far as possible by competent workmen possessing adequate experience of such work, and all materials for any working platform shall be inspected by a competent person on each occasion be fore being taken into use.

Load on working platforms

58 When any material is transferred on or to a working platform it shall be moved or deposited without imposing any violent shock, and material shall not be kept on the working platform unless it is needed for work within a reasonable time and shall be stacked in such a manner so as not to be liable to cause falls and injuries.

Inspection of working platforms

59 No working platform shall be used on a construction site un less—

(a) it has been inspected by a competent person within the preceding seven days;

(b) it has been inspected by a competent person since expo sure to weather conditions likely to have affected its strength or stability or to have displaced any part: and

Provided that sub-paragraph (c) shall not apply to a working platform from no part of which a person is liable to fall a distance of more than 2.0 metres (6ft. 6 ins.).

Width of working platforms

60 Any working platform from which a person is liable to fall a dis tance of more than 2.0 metres (6ft. 6 ins.) shall be at least 610 millime tres (24 ins.) in width; provided that in the case of a gangway or a sus pended scaffold, ladder-scaffold, trestle scaffold used for painting and cleaning may not be less than 440 millimetres (17 ins.) wide.

Guard-rails and toe-boards at working platforms

61 (1) Every side of a working platform being a side from which a person is liable to fall a distance of more than 2.0 metres (6ft. 6 ins.) shall be provided with a guard rail of adequate strength to a height of between 900 millimetres (36 ins.) and 1.150 metres (46 ins.) above the platform and with toe-boards of at least 150 millimetres (6 ins.) above the platform.

(2) Where guard-rails are required to be provided the distance between the top of the toe-board and the guard-rail shall not exceed 760 millimetres (30ins.).

(3) For work of short duration where there is adequate hand holds the working platform need not be provided with guard-rails and toe-boards.

(4) Guard-rails and toe-boards required by paragraph (1) may
be removed or remain unerected for the time and to the extent necessary for the access of persons or the movement of materials or other purposes of the work, but guard-rails and toe-boards removed or remaining unerected for any of those purposes shall be replaced or erected as soon as practicable.

Boatswain's chairs, skips, etc. (not power operated)

62 (1) No boatswain's chair, skip or similar plant or equipment (not being a boatswain's chair, skip or similar plant or equipment which is raised or lowered by a power-driven lifting appliance) shall be used unless—

(a) it is of good construction, of suitable and sound mate rial, of adequate strength, free from patent defect and properly maintained;

(b) the outrigger or other supports are of adequate strength and properly installed and supported;

(c) the chains, ropes, lifting gear or other means of suspen sion used therewith are securely attached to the outrig gers or other supports and to the chair, skip or similar plant or equipment or to any lifting appliances or other device attached thereto, as the case may be;

(d) suitable means are provided to prevent any occupant falling out;

(e) it is free of materials or articles liable to interfere with the occupant's handhold or foothold or otherwise endan ger him;

(f) suitable measures are taken to prevent spinning or tip ping in a manner dangerous to any occupant;

(g) in the case of any skip or other receptacle it is at least 900 millimetres (3ft. deep); and

(h) its installation has been, and its use is, supervised by a competent person.

(2) No boatswain's chair, skip or similar plant or equipment (not being a boatswain's chair, skip or similar plant or equipment which is raised or lowered by a power-driven lifting appliance) shall be used as a working place in circumstances in which a suspended scaffold could be used unless the work is of such short duration as to make the use of a suspended scaffold unreasonable or the use of a suspended scaffold is not reasonably practicable.

Ladders

63 No ladder or step ladder shall be used unless—

(a) it is of good construction, of suitable and sound material and of adequate strength for its intended purpose and is properly maintained; and

(b) if any rung thereof is missing or defective.

(2) No ladder, except a ladder lying on a roof and a suspended ladder, shall be used unless it stands on a firm base and is secured so as to prevent slipping:

Provided that a ladder not more than 3 metres (10 ft. 0 ins.) in length need not be secured if it stands on a firm base and is only used as a means of access.

(3) Every ladder shall extend above its top landing place to a height of at least 1.0 metres (3ft. 4 ins.) above the landing, and no ladder or run of ladders shall extend more than 10 metres (33 ft. 0 ins.) verti cally without an intermediate landing place.

Openings, corners, breaks and edges

64 (1) Every opening, corner, break, edge or other dangerous place through or from which any person on a construction site is liable to fall a distance of more than 2.0 metres (6ft. 6 ins.) shall be provided with ei ther—

(a) a suitable guard-rail or guard-rails of adequate strength to a height of between 900 millimetres (36ins.) and 1,150 millimetres (46 ins.) above the surface across which persons are liable to pass so erected as to prevent as far as possible the fall of persons; or

(b) a covering so constructed as to prevent the fall of per sons, materials and articles; any such covering shall be clearly and boldly marked to show its purpose or be se curely fixed in position.

(2) Such guard-rails and coverings may be removed or remain unerected—

(a) where this is necessary in order to proceed with any permanent filling in, covering or enclosure; or

(b) for the time and to the extent necessary for the access of
persons or the movement of materials or other purposes of the work.

(3) Paragraphs (1) and (2) shall not apply to any opening, cor ner, break or edge created in the course of demolition operations if in the course of such demolition operation, the opening, corner, break or edge is not left unattended.

Work on roofs

65 No work shall be undertaken on any roof, unless adequate pre cautions are taken to prevent the fall of persons from the roof or through the material of the roof.

Lighting of work places

66 Every working place and approach thereto, every place where raising and lowering operations with the use of a lifting appliance are in progress, and all openings dangerous to persons employed, shall be ade quately and suitably lighted.

67 (1) Safety nets or safety belts shall be used where it is not practicable by reason of the special nature or circumstances of any part of the work or of access or egress to the work to provide working plat forms and gangways in accordance with these Regulations; and such safety nets or gangways shall be designed, constructed, installed and maintained so as to prevent, so far as is reasonably practicable, injury to persons using them.

(2) The provisions of paragraph (1) shall not apply to skilled employees erecting platforms, scaffolds or skeleton structures or to any employee proceeding to or from a position of work.

PART XVI

WORKING PLACES (SCAFFOLDS)

Scaffolds

68 Every scaffold shall be securely supported or suspended and shall, where necessary, be sufficiently and properly strutted or braced to prevent collapse, and shall be rigidly connected with the building or other structure, unless the scaffold is so designed and constructed as to ensure stability without such connection.

Partly erected or dismantled scaffolds

69 No scaffold or part of a scaffold shall be partly erected or dis mantled and remain on the site in such condition that it is capable of being used unless—

(a) the scaffold as so erected or dismantled complies with these Regulations; or

(b) a prominent warning notice indicating that the scaffold or part, as the case may be, is not to be used is affixed near any point at which the scaffold or part, as the case may be, is liable to be approached for the purpose of use; or

Scaffolds used by workmen of a different contractor

70 Where a scaffold or part of a scaffold is to be used by or on be half of a contractor other than the contractor for whose workmen it was first erected, the first-mentioned contractor shall, before such use, and without prejudice to any other obligations imposed on him by these Reg ulations, take express steps, either personally or by a competent agent, to satisfy himself that the materials used in its construction are sound and that the safeguards required by these Regulations are in position.

Loads on scaffolds

71 A scaffold shall not be overloaded, and so far as is reasonably practicable, the load thereon shall be evenly distributed.

Slung scaffolds

72 (1) No chain or wire rope shall be used on a site to sling a fixed suspended scaffold, unless it complies with the lifting gear requirements of these Regulations and it is properly and securely fastened to safe an choring points and to the other main supporting points to ensure stabil ity of the scaffold.

(2) No rope other than wire rope shall be used for slinging a fixed suspended scaffold.

Suspended scaffolds (not power-operated)

73 No suspended scaffold, including one permanently provided for a building, which is not raised or lowered by a power-driven lifting appli ance (in addition, as respects the lifting gear used in connexion there with, to the requirements of these Regulations) shall be used for raising or lowering or carrying a person unless—

(a) outriggers—

(i) of adequate length and strength and properly installed and supported;

(ii) firmly anchored at the inner ends;

(iii) securely fastened to any ballast or counter weights, which shall be at least three (3) times the total working weight suspended from the outriggers;

(iv) installed horizontally,

are used;

(b) the points of suspension are at adequate horizontal dis tances from the face of the building or other structure;

(d) adequate arrangements are made to prevent undue tip ping, tilting or swinging of a scaffold and to secure it to prevent undue horizontal movement while it is being used as a working platform;

(e) the platform of the suspended scaffold, except to the extent necessary for drainage, is closely boarded, planked or plated;

(f) the winches or other lifting appliances or similar devices of the suspended scaffold are—

(i) provided with a brake or similar device which comes into operation when the operating handle or lever is released; and

(ii) adequately protected against the effect of weather, dust or material likely to cause dam age; and

(g) it is properly maintained.

Trestle scaffolds

74 (1) All trestles and supports used for the construction of a trestle scaffold shall be of good construction, of suitable and sound ma terial, of an adequate strength for the purposes for which they are used and free from patent defect and shall be properly maintained.

(2) No trestle scaffold shall be used if the scaffold is so situated that a person would be liable to fall from its working platform a distance of more than 4.5 metres (15 ft. 0 ins.).

PART XVII

MISCELLANEOUS

Protective clothing

75 (1) An employee employed at a construction site who is re quired to work in the rain shall be provided with suitable protective clothing.

(2) Where an employee's health may be affected by exposure to hazardous substances he shall be provided with suitable protection against the hazard.

(3) No person shall carry out any construction work unless he is wearing suitable and adequate footwear.

Safety helmets

76 (1) Every employee employed on a construction site shall be provided with a suitable safety helmet and no employee shall remain on the site unless he is wearing a suitable safety helmet.

(2) No person shall enter a construction site unless he is wearing a suitable safety helmet.

Keeping of reports

77 Any report required to be made under these Regulations shall be kept at the place where the work to which it relates is carried on or, if that is not reasonably practicable, at the usual place of business of the contractor responsible.

Bermuda Consolidated Legislation

Construction Sites (Safety) Regulations 1985