Health and Safety
(Management in Construction) (Jersey) Regulations 2016
Made 2nd February 2016
Coming into force 1st
October 2016
THE STATES, in pursuance of Article 9 of the Health and Safety at Work
(Jersey) Law 1989[1], have made the following
Regulations –
PART 1
INTRODUCTORY
1 Interpretation
In these Regulations –
“better”, in
relation to the control of a risk, has the meaning assigned by Regulation 5(3);
“client” means –
(a) if
the construction work is being undertaken for a domestic client, the designer
or, if none is involved, the relevant contractor; or
(b) in
any other case, a commercial client;
“collective”, in
relation to a means of protection, means that it is effective to protect every
person who is at risk;
“commercial client” means
a person who, in the course or furtherance of a business –
(a) commissions
design work for a construction project; or
(b) other
than the relevant contractor or a person who undertakes construction work, is
the person for whom construction work is undertaken;
“construction phase”
means the period starting when construction work in a project starts and ending
when that work is completed;
“construction phase plan”
means a document recording the health and safety arrangements, site rules and
any special measures for construction work;
“construction project”
means a project to which construction work relates and includes the design,
preparation, and planning of that work;
“construction site” has
the meaning set out in Regulation 2;
“construction work”
has the meaning set out in Regulation 3;
“contractor” means
any person who, in the course or furtherance of a business, carries out,
manages or controls construction work;
“control” means, in
relation to a risk, to deal with it in accordance with Regulation 5;
“control measure”
means a measure to control a risk;
“domestic client” means
a person who, otherwise than in the course or furtherance of a business and in
relation only to land or a dwelling of which the person is an owner or occupier,
commissions design work or construction work;
“demolition” means
the complete or partial dismantling of a structure;
“design” in relation
to any structure means any drawing, design detail, scope-of-works document or
specification relating to the structure;
“designer” means a
person whose profession, trade or business involves him or her in –
(a) preparing
or modifying a design; or
(b) arranging
for or instructing people under his or her control to prepare or modify a
design,
relating to a structure or to a product or mechanical or electrical
system intended for a particular structure, and a person is treated as
preparing or modifying a design where a design is prepared or modified by a
person under his or her control;
“excavation”
includes any earthwork, trench, well, shaft, tunnel or underground work;
“hazard” means any
thing (including an intrinsic property of a thing), or situation, with the
potential to cause harm to people;
“health and safety file”
means the record referred to in Regulation 8(g);
“health and safety project
co-ordinator” means the person appointed under Regulation 7(3)(a)
to perform the functions required by Regulation 8;
“high-risk construction work”
has the meaning set out in Regulation 4;
“means of protection”
means a means of minimising risk;
“major construction project”
means a construction project where the work is scheduled to –
(a) last
longer than 30 working days; or
(b) the
number of days to complete the project if the work were to be undertaken by one
individual would exceed 500;
“minor construction project”
means a construction project in which more than one contractor is engaged;
“personal”, in
relation to a means of protection, means for one person;
“plant” includes any
machinery, equipment (including scaffolding), appliance, implement or tool,
including any component, fitting or accessory to any machinery, equipment
(including scaffolding), appliance, implement or tool;
“pre-construction information”
means information in the client’s possession or which is reasonably
obtainable, that is relevant to the construction work and is of an appropriate
level of detail and proportionate to the risks involved, including information
about –
(a) the
construction project;
(b) planning
and management of that project;
(c) health
and safety hazards, including design and construction hazards and how they will
be addressed; and
(d) information
in any existing health and safety file;
“pre-construction phase”
means any period during which design or preparatory work is carried out for a construction
project;
“principal contractor”
means the contractor appointed under Regulation 7(2) to perform the
functions in Regulation 12;
“relevant contractor”
means the principal contractor or if there is none, the contractor who has
control of the construction work or the construction project;
“risk” means the probability
of a hazard causing harm to a person;
“safe work method statement”
in relation to work means a statement that –
(a) identifies
an activity comprised in the construction work that poses a risk;
(b) specifies
the risk;
(c) describes
the control measures that will be applied to the risk; and
(d) includes
a description of the equipment used in the work, the qualifications of the
personnel doing the work and the training required to do the work safely.
“service” means a
gas, water, sewerage, communication, or electrical, service or other service,
such as a chemical, fuel or refrigerant line;
“site rules” means
rules that are drawn up for a particular construction site and are necessary
for health and safety purposes;
“structure” means –
(a) any
building, steel or reinforced concrete construction, crane, ramp, dock, ship,
harbour, tunnel, shaft, bridge, viaduct, waterworks, reservoir, pipe or
pipeline (whatever it contains or is intended to contain), structural cable,
aqueduct, sewer, sewerage works, gasholder, road, airfield, sea defence works,
drainage works, earthworks, constructed lagoon, dam, wall, mast, tower, pylon,
underground tank, earth-retaining construction, fixed plant, construction
designed to preserve or alter any natural feature, and any other similar
construction; or
(b) any
formwork, falsework, scaffold or other construction designed or used to provide
support or access during construction work;
“work at height”
means –
(a) work
in any place, including a place at or below ground level; and
(b) obtaining
access to or egress from such place whilst at work other than by a staircase in
a permanent workplace,
where, if measures required by these Regulations were not taken, a
person could fall a distance liable to cause personal injury.
2 Construction
site
(1) In
these Regulations, “construction site” means a place at which
construction work is undertaken, including any area in the vicinity of that
place where plant or other material used or to be used in connection with the
construction work is stored during the construction work.
(2) However,
a construction site does not include a place where elements are manufactured
off-site or where construction material is stored as stock for sale or for
hire.
3 Construction
work
(1) In
these Regulations, “construction work” means any work of
construction, alteration, conversion, fitting out, commissioning, renovation,
repair, maintenance, de-commissioning, demolition or dismantling of any
structure, and includes –
(a) the
demolition or dismantling of a structure and the removal from the relevant construction
site of any product or waste resulting from the demolition or dismantling;
(b) the
assembly of prefabricated elements to form a structure or the disassembly of
prefabricated elements, which, immediately before such disassembly, formed a
structure;
(c) the
installation, commissioning, maintenance, repair or removal of mechanical,
electrical, gas, compressed air, hydraulic, telecommunications, computer or
similar services that are normally fixed to a structure; and
(d) any
work of excavation, landscaping, preparatory work, or site preparation carried
out for the purpose of any work or activity referred to in this definition
(otherwise than in this sub-paragraph).
(2) However,
“construction work” does not include the exploration for or
extraction of mineral resources or preparatory work relating to the extraction
carried out at a place where such exploration or extraction is carried out.
4 High-risk
construction work
(1) In
these Regulations, “high-risk construction work” means any of the
following –
(a) construction
work involving work at height;
(b) construction
work on masts, towers, or pylons, used for telecommunications or for radio or
television transmission;
(c) construction
work involving demolition;
(d) construction
work involving the disturbance or removal of asbestos;
(e) construction
work involving structural alterations that require temporary support to a
structure to prevent its collapse;
(f) construction
work involving a confined space;
(g) construction
work involving excavation into a hillside or re-profiling of an existing slope
(whether man-made or natural);
(h) other
construction work involving excavation where it is to a depth greater than 1.2 metres;
(i) the
construction of tunnels;
(j) construction
work involving the use of explosives;
(k) construction
work on or near pressurised gas distribution mains or pressurised gas consumer
piping;
(l) construction
work on or near chemical, fuel or refrigerant lines;
(m) construction
work on or near energised electrical installations or energized electrical services;
(n) construction
work in an area that may have a contaminated or flammable atmosphere;
(o) construction
work involving hot work;
(p) construction
work using pre-cast concrete or other forms of pre-fabricated structural
elements;
(q) construction
work on or adjacent to roadways used by road traffic;
(r) construction
work on a construction site involving mobile plant that is capable of movement
through the action of motors or engines;
(s) construction
work in an area where there are artificial extremes of temperature;
(t) construction
work in, over or adjacent to water, or another liquid, where there is a risk of
drowning;
(u) construction
work involving diving;
(v) construction
work involving lifting operations using cranes;
(w) construction
work where a cofferdam or caisson is constructed, placed in position,
substantially added to, altered or dismantled.
(2) In
this Regulation “hot work” means any work involving burning,
welding, cutting, grinding, using fire or spark-producing tools or is otherwise
capable of producing a source of ignition.
5 Requirement
to control risk
(1) For
the purposes of these Regulations, a requirement to control a risk is a
requirement –
(a) to eliminate
the risk, so far as elimination of the risk is reasonably practicable; or
(b) to minimize
the risk, so far as elimination of the risk is not reasonably practicable.
(2) The
requirement to minimize the risk is a requirement –
(a) so
far as it is reasonably practicable to do so, to substitute the hazard giving
rise to the risk with a hazard that gives rise to a lesser risk;
(b) so
far as it is not reasonably practicable to minimize the risk by the act
specified in sub-paragraph (a), to isolate the hazard (so far as
reasonably practicable) from persons subject to the risk;
(c) so
far as it is not reasonably practicable to minimize the risk by one or more of
the acts specified in sub-paragraphs (a) and (b), to minimise the risk (so
far as reasonably practicable) by engineering means;
(d) so far
as it is not reasonably practicable to minimize the risk by one or more of the
acts specified in sub-paragraphs (a), (b) and (c), to apply administrative
measures so far as reasonably practicable (such as the adoption of safe systems
of work to minimize the risk); and
(e) so
far as it is not reasonably practicable to minimize the risk by one or more of
the acts specified in sub-paragraphs (a), (b), (c) and (d), to require the
use (so far as reasonably practicable) of personal protective equipment by
persons subject to the risk.
(3) A
reference in these Regulations to better control of a risk is a reference to
control of the risk by means of an act to eliminate or minimize it referred to in
paragraphs (1) and (2) that is described earlier than the act there
referred to that is currently being taken.
6 Regulations
do not apply to owner-builders of dwellings
(1) These
Regulations do not apply to construction work performed in person, and
otherwise than in the course or furtherance of a business –
(a) on
a dwelling by a person who is an owner or occupier of the dwelling; or
(b) on
land by a person who is an owner or occupier of the land, if the construction
work is purely for the construction of a dwelling on the land for occupation by
that person.
(2) In
this Regulation, “dwelling” includes any minor structure on the same
corpus fundi on which a dwelling is erected.
PART 2
GENERAL REQUIREMENTS
7 Client’s
duties
(1) In
the case of all construction projects the client must take all
reasonable steps to –
(a) ensure
that all persons appointed to work on the project have the necessary competence
and resources to do the tasks for which they are appointed to a satisfactory
standard;
(b) ensure
that suitable arrangements are in place for the management of the project so as
to ensure that there is control of the risks arising from the work to all
persons who are –
(i) undertaking the
work, or
(ii) on or near the
relevant construction site;
(c) ensure
that adequate time and resources are allocated to all stages of the project to
control of those risks; and
(d) provide
pre-construction information to all designers and contractors engaged on the
project.
(2) In
the case of a minor construction project a client must in addition to the
duties set out in paragraph (1) –
(a) appoint
in writing a principal contractor (unless he or she is the principal
contractor) as soon as practicable; and
(b) ensure
that a construction phase plan is in place before the construction work starts.
(3) In
the case of a major construction project the client must in addition to the
duties set out in paragraphs (1) and (2) –
(a) appoint
in writing a health and safety project co-ordinator as soon as is practicable
after initial design work or other preparation for construction work has begun;
(b) provide
to the health and safety project co-ordinator such information relating to the
health and safety file as the co-ordinator requires; and
(c) retain
and provide access to the health and safety file to persons involved in the construction
project or any future construction project.
(4) The
client must ensure that the appointments under paragraphs (2)(a) and 3(a)
are changed or renewed as necessary to ensure that there is at all times until
the end of the construction phase a principal contractor and, if applicable, a
health and safety co-ordinator.
8 Duties
of health and safety project co-ordinator
The health and safety project co-ordinator must –
(a) advise
and assist a client with his or her duties;
(b) in
the case of a major construction project, notify the Health and Safety
Inspectorate of the project in accordance with Regulation 9;
(c) co-ordinate
the health and safety aspects of design work and co-operate with other persons
who are part of the project;
(d) facilitate
good communication between client, designers and contractors;
(e) liaise
with the principal contractor regarding any ongoing aspects of the design;
(f) identify,
collect and pass on to any information gathered at the pre-construction phase
of the project that is relevant to the construction phase; and
(g) prepare
and update the health and safety file.
9 Notification
(1) Where
Regulation 8(b) applies, the health and safety project co-ordinator must
give notice to the Health and Safety Inspectorate as soon as is practicable after
he or she is appointed.
(2) The
notice must contain the following particulars –
(a) the
date of forwarding the notice;
(b) the
address of the construction site or precise description of its location;
(c) a
brief description of the project and the construction work that it entails;
(d) the
name, address, telephone number and email address of the client;
(e) the
name, address, telephone number and email address of the health and safety project
co-ordinator;
(f) the
name, address, telephone number and email address of the principal contractor;
(g) the
date planned for the start of the construction phase;
(h) the
time allowed by the client to the principal contractor for planning and
preparation for construction work;
(i) the
planned duration of the construction phase;
(j) the
estimated maximum number of persons engaged to undertake construction work on the
construction site;
(k) the
planned number of contractors on the construction site;
(l) the
name and address of any contractor already appointed;
(m) the name
and address of any designer already engaged; and
(n) a
declaration signed by or on behalf of the client that the client is aware of
the client’s duties under these Regulations.
(3) The
notice must be clearly displayed on site in a comprehensible form where it can
be read by any worker engaged in the construction work and, if necessary,
periodically updated.
10 Designer’s
duties
(1) In
the case of all construction projects a designer must –
(a) ensure
that the client has been made aware of the client’s duties under Regulation 7;
(b) before
the start of the construction work –
(i) identify, so far
as is reasonably practicable, the hazards and risks that may arise from the
design and the work to be done to give effect to it, and
(ii) take all
reasonable steps to eliminate the hazards and control the risks; and
(c) provide
information to the contractors about the remaining risks.
(2) In
the case of a minor construction project a designer must in addition to the
duties set out in paragraph (1) ensure that a principal contractor has
been appointed.
(3) In
the case of a major construction project a designer must in addition to the
duties set out in paragraphs (1) and (2) –
(a) ensure
that the client has appointed a principal contractor (unless the client is the
principal contractor); and
(b) take
all reasonable steps to ensure that any information in the designer’s
possession that is needed for the health and safety file is included on that
file.
11 Designs prepared
or modified outside Jersey
Where a design is prepared or modified outside Jersey for use in
construction work to which these Regulations apply –
(a) the
person who commissions it, if established within Jersey; or
(b) if
that person is not so established, the client for the project,
must
ensure that regulation 10 is complied with.
12 Duties of
principal contractor
(1) In
the case of all construction projects for which a principal contractor is
appointed the principal contractor must –
(a) plan,
manage and monitor the construction phase, in liaison with the other appointed
contractors;
(b) take
all reasonable steps to ensure the competence of all contractors appointed to
the project;
(c) prepare
a construction phase plan in accordance with Regulation 18 as soon as
practicable prior to setting up a construction site;
(d) ensure
that the construction phase plan is appropriately updated, reviewed and revised
so that it continues to be sufficient to ensure that construction work is
carried out so far as is reasonably practicable without risk to health and
safety;
(e) give
all other contractors copies of the relevant parts of the construction phase
plan;
(f) in
the case of high risk construction work, ensure that safe work method
statements have been prepared in accordance with Regulation 19;
(g) ensure
that arrangements for assessing and controlling the risk of health hazards and the
provision of amenities for welfare that comply with the requirements of Regulation 34
are provided throughout the construction phase;
(h) ensure
that the necessary steps are taken to prevent access by unauthorized persons to
the construction site; and
(i) provide
a health and safety file to the client on completion of the work.
(2) In
the case of a major construction project the principal contractor must in
addition to the duties set out in paragraph (1) –
(a) ensure
that all persons engaged on the project have a suitable site induction and any
further information or training that is needed for them to do their work safely
and to comply with Regulation 20 is provided;
(b) consult
with those persons in accordance with Regulation 17; and
(c) liaise
with the health and safety project co-ordinator regarding ongoing design
matters.
13 Contractor’s
duties
(1) Every
contractor engaged in a construction project must –
(a) ensure
that the client is aware of his or her duties under Regulation 7;
(b) plan,
manage and monitor his or her own work and that of workers engaged in the
project;
(c) in
the case of high risk construction work, prepare safe work method statements in
accordance with Regulation 19;
(d) take
all reasonable steps to ensure that all contractors engaged by him or her on
the project and persons engaged to undertake construction work are competent to
do the work for which they are engaged;
(e) provide
supervision and training to their employees where it is necessary to ensure, so
far as is reasonable practicable, that the work is done competently and safely
and that Regulation 20 is complied with; and
(f) ensure
that arrangements for assessing and controlling the risk of health hazards and
the provision of amenities for welfare that comply with the requirements of Regulation 34
are provided to his or her employees.
(2) In
the case of a minor construction project every contractor must in addition to
the duties set out in paragraph (1) –
(a) ensure
that the client has appointed a principal contractor (unless the client is the
principal contractor);
(b) co-operate
with the principal contractor in planning and managing work, including taking
notice of the principal contractor’s directions and site rules;
(c) provide
details to the principal contractor of any contractor whom he or she engages in
connection with the project;
(d) provide
any information needed for the health and safety file to the principal
contractor in the case of minor construction projects and to the health and
safety project co-ordinator in the case of major construction projects;
(e) inform
the principal contractor of any likely difficulties in implementing and
adhering to the health and safety plan; and
(f) inform
the principal contractor of any accident, illness or dangerous occurrence at
the site.
(3) In
the case of a major construction project every contractor must, in addition to
the duties set out in paragraphs (1) and (2), ensure that the client has
appointed a health and safety project co-ordinator.
(4) Where
there is no principal contractor the contractor who has control of the
construction work or the construction project must draw up a construction phase
plan in accordance with Regulation 18.
14 Responsibilities
of persons engaged to undertake construction work
All persons who are engaged to undertake construction work must –
(a) undertake
only work that they are competent to perform;
(b) co-operate
with other persons and co-ordinate their work so as to ensure the health and
safety of other persons;
(c) ensure
that risk from the work is controlled in accordance with these Regulations; and
(d) undertake
their work in accordance with the information, direction, instruction and
training with which they have been provided by or on behalf of the relevant
contractor.
15 Responsibility to
provide information
(1) In
relation to a particular construction project, where a person has –
(a) consulted
with another person about the risks associated with the construction work that
is undertaken under the project;
(b) reported
to another person about the health and safety aspects of that construction
work;
(c) identified
and recorded hazards associated with that construction work;
(d) assessed
the risks associated with any such hazards;
(e) prepared
a construction phase plan for the construction project;
(f) prepared
a safe work method statement for construction work that is to be undertaken under
the project;
(g) implemented
measures to control risks associated with that construction work; or
(h) provided
information, instruction and training to persons undertaking that construction
work,
he or she must take reasonable steps to notify any person involved
in project, or the construction work under the project, of any matter that may
affect the latter person’s capacity to comply with these Regulations in
relation to the project or the work.
(2) A
person undertaking construction work must take reasonable steps to notify the relevant
contractor of any matter of which the person is aware that may affect the relevant
contractor’s capacity to comply with these Regulations.
16 Joint
responsibility
If more than one person has responsibility for a matter under these
Regulations, or is required to do something under these Regulations, in
relation to a construction project or to construction work –
(a) each
of the persons retains responsibility for the matter, or is subject to the
requirement in relation to the matter;
(b) each
of the persons must fulfil his or her responsibility or meet the requirement to
the extent that he or she controls the construction project or the construction
work;
(c) all
of the persons must fulfil the responsibility or meet the requirement in a
co-ordinated manner; and
(d) each
of the persons must cooperate with the other persons who have a responsibility,
or are under a requirement, under these Regulations in relation to the
construction project or construction work.
17 Consultation
The relevant contractor must ensure there are arrangements for –
(a) all
persons engaged to undertake construction work, or their representatives, to be
consulted, in a timely fashion, on matters relating to the work that may affect
their health or safety; and
(b) consideration
of the views that those persons, or their representatives, express on matters
relating to the construction work that may affect their health or safety,
whether those views are expressed as a result of the consultation or
spontaneously and whether before the start of the work or during its course.
18 Construction phase
plans
(1) The
relevant contractor must ensure that –
(a) a
site-specific construction phase plan is prepared before the construction work
commences;
(b) the
plan is in accordance with this Regulation; and
(c) the
plan is monitored, maintained and kept up to date during the course of the
work.
(2) The
plan must include so far as is reasonably practicable –
(a) a
statement of responsibilities, listing the names, positions and
responsibilities of all persons who will have specific responsibilities on the
site for occupational health and safety;
(b) details
of arrangements for ensuring occupational health and safety training appropriate
to the construction work under the construction project;
(c) details
of arrangements for the co-ordination of health and safety matters concerning
persons engaged to undertake that construction work;
(d) details
of arrangements for managing occupational health or safety incidents when they
occur, including the identities of and contact details of all persons who will
be available to prevent, prepare for, respond to, or manage recovery from, those
incidents;
(e) any
site safety rules, with the detail of arrangements for ensuring that all
persons at the site, whether employees, contractors, suppliers or visitors, are
informed of the rules;
(f) hazard
identification, risk assessment and risk control information for all work
activities assessed as having risks; and
(g) safe
work method statements for all high-risk construction work.
(3) The
relevant contractor, must ensure that a copy of the plan is available for
inspection throughout the course of the construction work by –
(a) any
person engaged to undertake construction work at the site;
(b) any
person about to commence work at the site; and
(c) any
person who works at the site.
(4) The
relevant contractor must ensure that any person engaged to carry out
construction work at the construction site is provided with a copy of the parts
of the construction phase plan for that site that relate to that work or to the
person so engaged before the person so engaged starts work at the site.
(5) If
a construction phase plan is changed during the course of construction work, the
relevant contractor must ensure that every person engaged to carry out
construction work at the site concerned is promptly provided with a copy of the
changed parts of the plan that relate to that work or to that person.
19 Safe work method
statements
(1) If
high-risk construction work is to be undertaken, the relevant contractor must,
except in the situation referred to in paragraph (2), ensure that each contractor
carrying out high-risk construction work gives the relevant contractor a
written safe work method statement for the high-risk construction work before the
work is started.
(2) The
contractor who has control of the high-risk construction work must prepare a
written safe work method statement for the work before it is started.
(3) The
relevant contractor of a construction project in relation to which high-risk
construction work is undertaken, must ensure that work stops on the site if –
(a) paragraph (1)
or (2) (as the case requires) is not complied with in relation to the project;
or
(b) the
safe work method statements given under paragraph (1) or prepared under paragraph (2)
are not kept up to date and reviewed whenever there is a change to the
high-risk construction work that may have an impact on the health and safety of
any person.
(4) The
relevant contractor must ensure that there are arrangements for –
(a) ensuring
that all persons undertaking high risk construction work comply with the safe
work method statement that applies to that work; and
(b) making
a person who is not complying with a safe work method statement that applies to
the work –
(i) if it is safe to
do so, stop the work immediately, or
(ii) if an immediate
stop would increase the risk to health or safety of that or any other person, stop
the work when it is safe to do so,
and then not resume the work until the person who failed to comply complies
with the safe work method statement.
20 Occupational
health and safety training
(1) The
relevant contractor must not direct or allow another person, including a
self-employed person, to undertake construction work on the construction
project unless –
(a) the
relevant contractor is satisfied that the other person has completed occupational
health and safety training appropriate to the construction work to be undertaken
by the person; or
(b) the
other person is a person specified in paragraph (5).
(2) A
person engaged to undertake construction work must not undertake that work unless
he or she –
(a) has
completed occupational health and safety training appropriate to the
construction work to be undertaken by the person; or
(b) is
a person specified in paragraph (5).
(3) The
relevant contractor must make a record of the occupational health and safety
induction training and any other training given to persons directly engaged or
trained by the relevant contractor to undertake any construction work.
(4) The
relevant contractor must keep the record made under paragraph (3) for
3 years after the completion of the construction project or work.
(5) The
persons specified for the purposes of paragraph (1)(b) and (2)(b) are –
(a) a visitor
to the relevant construction site who is accompanied by a person who has completed
occupational health and safety training appropriate to the construction work;
(b) a person
temporarily at the relevant construction site to deliver plant, supplies,
materials or services where a risk assessment indicates that any risks to such a
person can be controlled through measures other than that person’s completing
occupational health and safety training appropriate to the construction work;
or
(c) a
person undertaking construction work while he or she is undergoing such
training as will ensure that the work is carried out without risk to health and
safety.
PART 3
SPECIFIC REQUIREMENTS
21 Existing services
(1) Before
the commencement of construction work, the relevant contractor must, so far as
reasonably practicable, ensure that existing services at the construction site
are identified and that the condition of, and risks posed by, those services
are assessed in accordance with this Regulation.
(2) The
assessment is in accordance with this Regulation if it identifies –
(a) the
types of existing services;
(b) the
locations of the services and whether they are underground, overhead or
contained within a structure;
(c) the
extent of the services; and
(d) the
risks that the services present, including the risks of electric shock, fire,
explosion and an inrush of water.
(3) If
contact with an existing service would present a risk to any person on the construction
site, the relevant contractor must ensure that the existing service is removed
or disconnected, or otherwise isolated from the work to be carried out, so that
contact with the service will be prevented.
22 Electricity
supply
The relevant contractor must ensure, so far as is reasonably
practicable, that electrical installations, electrical material, electrical
equipment and electrical apparatus on any construction site relating to the
project are designed, constructed, installed, protected, used, maintained and
tested to control the risk of electrical shock, burns, fire or explosion.
23 Safe place of
work, access and egress
(1) The
relevant contractor must, so far as reasonably practicable, ensure that all
persons undertaking construction work are provided with a safe place of work
and safe access to, and egress from, all places on the site where they may be
required to work or pass.
(2) This
includes the provision of appropriate emergency access and egress routes and
the maintenance of these free of obstructions.
24 Traffic control
If any pedestrian movement, vehicular movement or movement of plant
at a construction site may be affected by construction work, the relevant
contractor must, so far as reasonably practicable, ensure that those movements
are managed so as to control any risk that the movements may present to persons
present on the site.
25 Protecting the
public
(1) The
relevant contractor must, so far as reasonably practicable, ensure that members
of the public are not exposed to health and safety risks arising from the
construction work.
(2) In
particular, the relevant contractor must ensure that –
(a) every
construction site is left secured, whether or not it is unattended, so as to
prevent access by unauthorized persons; and
(b) signs
are placed on every construction site, clearly visible from outside the site,
stating the names and contact telephone numbers of the relevant contractor,
including an after-hours emergency telephone number that allows the relevant
contractor to be reached with reasonable speed and ease.
26 Excavations
(1) If
excavation work is carried out, the relevant contractor must take all practicable
steps to ensure that appropriate measures are in place to control risks
associated with cave-in, collapse of adjoining structures or inrush of water.
(2) If an
excavation needs to be supported or battered back to control risks, the
relevant contractor must ensure that construction work is not carried out on
the excavation until the excavation and any supports have been inspected by a
competent person –
(a) at
the start of the shift in which the work is to be carried out;
(b) after
any event likely to have affected the strength or stability of the excavation;
or
(c) after
any material unintentionally falls or is dislodged.
(3) If,
after the inspection, the competent person is not satisfied that the construction
work can be carried out safely, he or she must advise the relevant contractor of
that fact and the excavation must not be used until the matters identified have
been resolved.
(4) The
competent person must complete a written record of the inspection, being a
record that includes the information required by Regulation 31.
27 Work at height
(1) The
relevant contractor must ensure that if construction work is carried out at
height, suitable and sufficient measures are taken to prevent any person
falling through such a distance as to put the person at risk of personal
injury.
(2) In particular –
(a) the
work must be carried out from a place of work, with (if necessary) a means of
access or egress at height, where the place and means satisfy the requirements
of Schedule 1; or
(b) sufficient
work equipment must be provided and used in carrying out the work, being work
equipment that meets such of the requirements of Schedules 2 to 7 as apply
to it.
(3) The
work equipment referred to in sub-paragraph (2)(b) must be inspected by a
competent person after it has been installed or assembled and then at suitable
intervals or after every occasion when the equipment has been subject to
conditions liable to affect its safe use.
(4) A
scaffold from which a person could fall 2 metres or more must be
thoroughly examined by a competent person before it is brought into use and
after it has been substantially altered or erected.
(5) A
scaffold from which a person could fall 2 metres or more must be inspected
by a competent person once in every period of 7 days in which it continues
to be used.
(6) The
competent person must complete a written record of an examination referred to
in sub-paragraph (4) or an inspection referred to in sub-paragraph (5),
being a record that includes the information required by Regulation 31.
28 Fragile surfaces
(1) The
relevant contractor must ensure that measures are taken to control the risk of
persons working at height who are passing across or near, or working on, from
or near, a fragile surface on a construction site.
(2) In
particular –
(a) if a
person works over or near a fragile surface on a construction site from which a
person could fall 2 metres or more, suitable and sufficient platforms,
coverings, guard rails or similar means of support and protection must be
provided;
(b) signs
warning of the presence and location of that fragile surface must be fixed to
the approaches to the area where the fragile surface is situated.
29 Falling objects
The relevant contractor must so far as is reasonably practicable
ensure that arrangements are made to control any risk of a person’s being
struck by falling objects at or in the vicinity of a construction site.
30 Hoists
(1) The
relevant contractor must so far as is reasonably practicable ensure that the
risks from the installation or use of any hoist provided for the movement of
workers or material on a construction site are controlled.
(2) In
particular –
(a) the
hoist must be properly constructed of sound materials and capable of lifting
the required loads;
(b) any
hoist way must be enclosed to the extent required to prevent persons being
struck by the moving parts of the hoist installation or by materials being
carried on the hoist;
(c) every
hoist and every hoist enclosure must be constructed so as to prevent any part
of any person or any goods carried in the hoist being trapped between –
(i) any part of the
hoist and any fixed structure,
(ii) between the
counterbalance weight and any other moving part of the hoist.
(d) gates
must be provided at each landing level of the hoist;
(e) any
such gate must not obstruct the movement of the hoist and must be fitted with
efficient interlocking or other devices to ensure that the gate cannot be
opened except when the hoist is at the landing and that the hoist platform
cannot be moved away from the landing until the gate is closed;
(f) efficient
devices that will support the lift platform together with its safe working load
in the event of the failure of the hoisting system must be provided and
maintained, where practicable, in connection with every hoist;
(g) efficient
automatic devices must be provided and maintained in connection with every
hoist that will ensure that the carrier does not overrun the highest point set
for its intended travel;
(h) the
gap between the edge of the hoist platform and each landing must be as small as
practicable;
(i) signs
must be placed on the hoist identifying its intended purpose and the safe
working load that it can carry;
(j) if
the hoist is intended only for the movement of material, a sign must be placed
making it clear that persons are prohibited from travelling on the hoist;
(k) in
the case of hoists used for carrying persons, whether or not with materials –
(i) efficient
automatic devices must be provided and maintained to prevent the hoist platform
from overrunning,
(ii) every hoist
platform on each side from which access is afforded to a landing must be fitted
with a gate and, in connection with every such gate, efficient devices must be
provided to secure that when persons or material are on the hoist platform, the
hoist platform cannot be raised or lowered until the gate is closed and that it
comes to rest when the gate is opened,
(iii) in the case of a hoist
where the hoist platform is suspended by a rope or chain, there must be at
least 2 ropes or chains separately connected to the hoist platform, each
rope or chain with its attachments being capable of carrying the whole weight
of the hoist platform and its maximum working load, and
(iv) suitable efficient
automatic devices must be provided that will ensure that the hoist platform
comes to rest at a point above the lowest point to which the hoist platform can
travel;
(l) the
hoist must be erected by trained and experienced persons, operated by trained
and competent persons and only used for its intended purpose;
(m) the hoist
must be capable of being operated from only one position;
(n) measures
must be taken to prevent any person, or thing, that is being carried on the
hoist platform from falling from the hoist platform or coming into contact with
any moving parts of the installation or with any adjoining structures;
(o) following
erection, substantial alteration or repair of the hoist, a test and examination
of the hoist must be carried out by a competent person; and
(p) the
hoist must be thoroughly examined by a competent person at least once in every
6 months while it continues to be used.
(3) The
competent person must complete a written record of an examination referred to
in paragraph (2)(o) or (p), being a record that includes the information required
by Regulation 31.
31 Information in
record of inspection
The record of an inspection must include the following information –
(a) the
name and the address of the relevant contractor of the relevant construction work;
(b) the
address of the relevant construction site;
(c) a
description of the relevant construction work;
(d) the
date and the time of the inspection;
(e) details
of any risk that was identified;
(f) any
action taken to control that risk;
(g) the
name and the address of competent person who carried out the inspection.
32 Housekeeping
(1) The
relevant contractor must so far as is reasonably practicable ensure that the
construction site relating to the project is kept orderly and tidy.
(2) In
particular, the relevant contractor must so far as is reasonably practicable ensure
that –
(a) access
ways are kept clear of material and debris and maintained in a non-slippery
condition;
(b) general
safety signs are erected in accordance with any construction phase plan under Regulation 18,
or in the absence of such a plan, as appropriate, and kept in good condition;
(c) there
is a safe system for collecting, storing and disposing of excess material and waste
material at the construction site;
(d) plant
is safely secured when not in use; and
(e) material
at or near the construction site is moved and stored in a safe and orderly
manner so that it does not present a risk to any person.
33 Lighting
The relevant contractor must so far as is reasonably practicable ensure
that the level of lighting provided –
(a) in
any area where a person performs construction work under the project; or
(b) anywhere
where a person may be required to pass through in order to perform that work,
including access ways and emergency exits,
permits that work or passage to take place without risk to the
person.
34 Occupational
health and welfare
(1) All
necessary steps must be taken to assess and control the risk of health hazards
arising in the course of construction work.
(2) Persons
engaged in construction work on a construction site must have reasonable access
to appropriate amenities for their comfort, welfare and hygiene, including toilets,
washing facilities, drinking water, changing rooms and rest rooms.
35 Emergency
procedures
The relevant contractor must ensure that –
(a) in
the event of danger it is possible for workers to evacuate all work areas of
the construction site quickly and safely;
(b) emergency
exits and emergency routes are signposted, and emergency plans are displayed,
at appropriate locations on the construction site;
(c) arrangements
are in place for rescuing any injured persons from the construction site; and
(d) where
indicated by the risk assessment that relates to the construction work,
emergency evacuation procedures are practised at regular intervals and any
difficulties identified and resolved.
36 First-aid and
medical attention
The relevant contractor must ensure that there are arrangements for
first aid to be available when construction work is being undertaken under the
project, being first aid that –
(a) is adequate
for the initial treatment of any foreseeable injuries and illnesses that may
arise on the relevant construction site; and
(b) includes
the provision of trained personnel where this is appropriate.
PART 4
CLOSING
37 Repeal
The Construction (Safety Provisions) (Jersey) Regulations 1970[2] are repealed.
38 Saving
Nothing in these Regulations affects the operation of –
(a) the
Safeguarding of Workers (Cranes and Lifting Appliances) (Jersey) Regulations 1978[3]; or
(b) the
Safeguarding of Workers (Electricity at Work) (Jersey) Regulations 1983[4],
or their application to or in respect of any construction project,
construction work or construction site referred to in these Regulations.
39 Citation and
commencement
These Regulations may be cited as the Health and Safety (Management
in Construction) (Jersey) Regulations 2016 and shall come into force on
1st October 2016.
dr. m. egan
Greffier of the States
SCHEDULE 1
(Regulation 27(2)(a))
REQUIREMENTS FOR PLACE OF WORK at height
A place of work at height must –
(a) be
stable and of sufficient strength and rigidity for the purpose for which it is
intended to be or is being used;
(b) where
applicable, rest on a stable, sufficiently strong surface;
(c) be
of sufficient dimensions –
(i) to
permit the safe passage of persons,
(ii) to
permit the safe use of any plant or materials required to be used, and
(iii) to
provide a safe working area having regard to the work to be carried out there;
(d) possess
suitable and sufficient means for preventing a fall;
(e) possess
a surface that has no gap –
(i) through
which a person could fall,
(ii) through
which any material or object could fall and injure a person, or
(iii) that
gives rise to any other risk of injury to a person, not being a risk against
which measures have been taken to protect persons;
(f) be
so constructed and used, and maintained in such condition, as to –
(i) control
the risk of slipping or tripping, and
(ii) prevent,
so far as is reasonably practicable, any person from being caught between it
and any adjacent structure; and
(g) where
it has moving parts, be prevented by appropriate devices from moving
inadvertently during work at height.
SCHEDULE 2
(Regulation 27(2)(b))
REQUIREMENTS FOR GUARD-RAILS, TOE-BOARDS,
BARRIERS ETC.
1 Interpretation
Unless the context otherwise requires, a reference in this Schedule
to means of protection is to a guard-rail, toe-board, barrier or similar
collective means of protection.
2 General
requirements
Any means of protection must –
(a) be
of sufficient dimensions, of sufficient strength and rigidity for the purposes
for which the means are being used and otherwise suitable;
(b) be
so placed, secured and used as to ensure, so far as is reasonably practicable,
that the means do not become accidentally displaced; and
(c) be
so placed as to prevent, so far as is reasonably practicable, the fall of any
person, or of any material or object, from any place of work.
3 Parameters
In relation to work at height involved in construction work –
(a) a
top guard-rail or other similar means of protection must be at least 950 millimetres
above the edge from which any person is liable to fall;
(b) a toe-board
must be suitable and sufficient to prevent the fall of any person, or of any
material or object, from any place of work; and
(c) an
intermediate guard-rail or similar means of protection must be positioned so
that any gap between it and other means of protection does not exceed 470 millimetres.
4 Supports
A structure, or part of a structure, that supports any means of
protection or to which any means of protection are attached must be of
sufficient strength and suitable for the purpose of such support or attachment.
5 Ladder
access and temporary removal of means of protection
(1) A
lateral opening may be made or maintained in any means of protection if it is
necessary to allow access to or egress from a ladder or stairway, but only for
the time and to the extent necessary to allow that access or egress.
(2) Means
of protection may be removed, but only for the time and to the extent necessary
to gain access or egress or to carry out a particular task.
(3) A task
must not be performed while means of protection are removed unless effective
compensatory safety measures are in place.
(4) The
means of protection must be replaced as soon as practicable.
SCHEDULE 3
(Regulation 27(2)(b))
REQUIREMENTS FOR WORKING PLATFORMS
1 Interpretation
In this Schedule, “supporting structure” means any
structure used for the purpose of supporting a working platform and includes
any scaffolding, or plant, used for that purpose.
2 Condition
of surfaces
A surface on which a supporting structure rests must be stable, of
sufficient strength and of suitable composition safely to support the
supporting structure, the working platform and any loading intended to be
placed on the working platform.
3 Stability
etc. of supporting structure
Any supporting structure must –
(a) be of
sufficient strength and rigidity, and otherwise suitable, for the purpose for
which it is used;
(b) if –
(i) it
is a wheeled structure, be prevented by appropriate devices from moving inadvertently
during work at height, or
(ii) it
is not a wheeled structure, be prevented from slipping by secure attachment to
the bearing surface or to another structure, provision of an effective
anti-slip device or by other means of equivalent effectiveness; and
(c) be
stable while being erected, used, altered, modified or dismantled.
4 Stability
etc. of working platforms
A working platform must –
(a) be
of sufficient strength and rigidity, and otherwise suitable, for the purpose
for which it is used;
(b) be
so erected and used as to ensure that its components do not become accidentally
displaced in such a way as to endanger any person;
(c) be
stable while being used; and
(d) not
be dismantled in such a way as to present a risk of accidental displacement.
5 Safety
on working platforms
A working platform must –
(a) be
of sufficient dimensions –
(i) to
permit the safe passage of persons that are to work on it,
(ii) to
permit the safe use of the relevant plant and materials, and
(iii) to
provide a safe working area for the relevant work;
(b) have
a suitable surface and, in particular, a surface that has no gap –
(i) through
which a person could fall,
(ii) through
which any material or object could fall and injure a person, or
(iii) that
could give rise to any other risk to any person, unless measures have been
taken to control the risk; and
(c) be
so erected used and maintained as to control the risk that a person –
(i) slip
or trip on it, or
(ii) be
caught between it and any adjacent structure.
6 Loading
A working platform and any supporting structure must not be loaded
so as to give rise to a risk of collapse or to any deformation that could
affect its safe use.
SCHEDULE 4
(Regulation 27(2)(b))
REQUIREMENTS FOR scaffolding
1 Additional
requirements for scaffolding
Strength and stability calculations for scaffolding must be carried
out before it is erected unless –
(a) a
note of the calculations, covering the structural arrangements contemplated, is
already available; or
(b) it
is assembled in conformity with a generally recognized standard configuration.
2 Plan
to be drawn up
(1) An
assembly, use and dismantling plan for scaffolding must be drawn up by a
competent person.
(2) It
is permissible for the plan to be in a standard form and supplemented by items
relating to specific details of the scaffolding in question.
3 Plan
available to scaffolders
A copy of the plan, including any instructions it may contain, must
be kept available for the use of persons concerned in the assembly, use,
dismantling, or alteration, of scaffolding until the scaffolding has been
dismantled.
4 Appropriate
decking
The dimensions, form and layout of scaffolding decks must be –
(a) appropriate
to the nature of the work to be performed from the scaffolding;
(b) suitable
for the loads to be carried on the scaffolding; and
(c) permit
passage in safety.
5 Signage
when scaffolding not in use
While scaffolding is not available for use, including during its
assembly, dismantling or alteration, it must be marked with general warning
signs and be suitably delineated by physical means to prevent any access to it
that could be dangerous.
6 Competent
person to supervise
(1) Scaffolding
must be assembled, dismantled or significantly altered –
(a) under
the supervision of a competent person; and
(b) by
persons who have received training appropriate to the configuration and the
operations envisaged.
(2) That
training must address the specific risks that the operations may entail and the
precautions to be taken.
(3) In
particular, the training must address –
(a) an understanding
of the plan for the assembly, dismantling or alteration of the scaffolding
concerned;
(b) safety
during the assembly, dismantling or alteration of the scaffolding;
(c) measures
to prevent a risk of persons, materials, or objects, falling;
(d) safety
measures in the event of changing weather conditions which could adversely
affect the safety of the scaffolding concerned;
(e) permissible
loadings; and
(f) any
other risks that the assembly, dismantling or alteration of the scaffolding may
entail.
(4) When
scaffolding is assembled in conformity with a generally recognized standard
configuration, the training referred to in this sub-paragraph may consist of
standard training appropriate to the configuration and the operations envisaged.
SCHEDULE 5
(Regulation 27(2)(b))
REQUIREMENTS FOR COLLECTIVE SAFEGUARDS FOR
ARRESTING FALLS
1 Interpretation
A reference in this Schedule to a safeguard is to a collective
safeguard for arresting falls.
2 General
conditions
A safeguard may be used only if –
(a) a
risk assessment has demonstrated that the relevant work activity can, so far as
is reasonably practicable, be performed safely while using the safeguard and
without affecting the safeguard’s effectiveness;
(b) the
use of other, safer, work equipment is not reasonably practicable; and
(c) a
sufficient number of persons available on the construction site have received
adequate training specific to the safeguard, including rescue procedures.
3 Strength
of safeguard
A safeguard must be suitable in form, and of sufficient strength, to
arrest safely the fall of any person whom the safeguard is intended to protect.
4 Details
of different safeguards
(1) A safeguard
must –
(a) in
the case of a safeguard designed to be attached, be securely attached to all
the required anchors;
(b) in
the case of an airbag, landing mat or similar safeguard, be stable; or
(c) in
the case of a safeguard that distorts in arresting a fall, afford sufficient
clearance from any nearby surface when the safeguard is undergoing any
foreseeable distortion in arresting a fall.
(2) Sub-paragraph (1)(a)
is satisfied only if the anchors, and the means of attaching the safeguard to
them, are suitable, and of sufficient strength and stability, for the purpose
of safely supporting the foreseeable loading in arresting the fall of any
person whom the safeguard is intended to protect and during any subsequent
rescue.
5 Safeguard
must not injure
Suitable and sufficient steps must be taken to ensure, so far as is
reasonably practicable, that in the event of a fall by any person a safeguard intended
to protect against that fall does not itself cause injury to a person.
SCHEDULE 6
(Regulation 27(2)(b))
PERSONAL FALL PROTECTION SYSTEMS
PART 1
REQUIREMENTS
FOR ALL PERSONAL FALL PROTECTION SYSTEMS
1 Interpretation
A personal fall protection system may be used in relation to work only
if –
(a) a
risk assessment has demonstrated that the work can so far as is reasonably
practicable be performed safely while using that system and the use of other
work equipment that would offer a better control of the risks is not reasonably
practicable; and
(b) the
user and a sufficient number of persons available on the construction site have
received adequate training specific to the operations envisaged, including
rescue procedures.
2 General
requirements
A personal fall protection system must –
(a) be
suitable and of sufficient strength for the purposes for which it is being used
having regard to the work being carried out and any foreseeable loading;
(b) where
necessary, fit the user;
(c) be
correctly fitted;
(d) be
designed to minimize injury to the user and, where necessary, be adjusted to
prevent the user falling or slipping from it, should a fall occur; and
(e) be
so designed, installed and used as to prevent unplanned or uncontrolled
movement of the user.
3 Anchors
A personal fall protection system designed for use with an anchor must
be securely attached to at least one anchor, and each anchor and the means of
attachment to the anchor must be suitable and of sufficient strength and
stability for the purpose of supporting any foreseeable loading.
4 Avoidance
of slip
Suitable and sufficient steps must be taken to prevent any person
falling or slipping from a personal fall protection system.
PART 2
ADDITIONAL
REQUIREMENTS FOR WORK POSITIONING SYSTEMS
5 Work
positioning system
A work positioning system may be used on a construction site only if –
(a) the
system includes a suitable backup system for preventing or arresting a fall,
and, where the system includes a line as a backup system, the user is connected
to the line; or
(b) where
it is not reasonably practicable to comply with sub-paragraph (a), all reasonably
practicable measures are taken to ensure that the work positioning system does
not fail.
PART 3
ADDITIONAL
REQUIREMENTS FOR ROPE ACCESS AND POSITIONING TECHNIQUES
6 Rope
access
A rope access or positioning technique may be used only if –
(a) it
involves a system comprising at least 2 separately anchored lines, of which one
(“the working line”) is used as a means of access, egress and
support and the other is the safety line;
(b) the
user is provided with a suitable harness and is connected by it to the working
line and the safety line;
(c) the
working line is equipped with safe means of ascent and descent and has a
self-locking system to prevent the user falling should he or she lose control
of his or her movements; and
(d) the
safety line is equipped with a mobile fall protection system which is connected
to and travels with the user of the system.
7 Seat
required
If it is appropriate to do so, taking into account any relevant risk
assessment, the duration of the relevant job and the relevant ergonomic
constraints, provision must be made for a seat with appropriate accessories when
a rope access or positioning technique is used.
8 Single-rope
system
Despite paragraph 6, a rope access or positioning technique used
by a person may consist of a single line where –
(a) a
risk assessment has demonstrated that the use of a second line would entail
higher risk to the person using the technique; and
(b) appropriate
measures have been taken to control the risks to the person using the technique.
PART 4
ADDITIONAL
REQUIREMENTS FOR FALL-ARREST SYSTEMS
9 Energy
absorber
A fall-arrest system used on a construction site must incorporate a
suitable means of absorbing energy and limiting the forces applied to the user’s
body.
10 Manner
of use not to negate safety
A fall-arrest system must not be used in a manner that –
(a) involves
the risk of a line in the system being cut;
(b) does
not provide for a sufficient clear zone in those cases where there may be a
pendulum effect; or
(c) otherwise
inhibits the system’s performance or renders its use unsafe.
PART 5
ADDITIONAL
REQUIREMENTS FOR WORK RESTRAINT SYSTEMS
11 Correct
use of work restraint
A work restraint system must –
(a) be
so designed that, if used correctly, it prevents the user from getting into a
position in which a fall can occur; and
(b) be
used correctly.
SCHEDULE 7
(Regulation 27(2)(b))
ladders
1 Limitation
on use of ladder
A relevant contractor of construction work must ensure that a ladder
is used for work at height only if a risk assessment has demonstrated that the
use of equipment that better controls risk is not justified because the work
involves a low risk and –
(a) the
work is of short duration; or
(b) the
existing features of the relevant construction site make the use of that
equipment impracticable, being features that the relevant contractor cannot
alter.
2 Surface
A surface on which a ladder rests must be stable, firm, of
sufficient strength and of suitable composition safely to support –
(a) the
ladder so that its rungs or steps remain horizontal; and
(b) any
loading intended to be placed on the ladder.
3 Stability
A ladder must be so positioned as to ensure its stability during
use.
4 Suspended
ladders
A suspended ladder must be attached –
(a) in any
case, in a secure manner; and
(b) except
in the case of a flexible ladder, so that it cannot be displaced and swinging
is prevented.
5 Portable
ladders
A portable ladder must be prevented from slipping during use by –
(a) securing
the stiles at or near their upper or lower ends;
(b) an
effective anti-slip or other effective stability device; or
(c) any
other arrangement of equivalent effectiveness.
6 Clearance
above landing
A ladder used for access must be long enough to protrude
sufficiently above the place of landing to which it provides access, unless
other measures have been taken to ensure a firm handhold for the user.
7 Extension
ladders
An interlocking or extension ladder must not be used except when its
sections are prevented from moving relative to each other.
8 Mobile
ladders
A mobile ladder must not be used except when it is immobilized.
9 Landings
If a ladder or run of ladders rises a vertical distance of 9 metres
or more above its base, then, where reasonably practicable, sufficient safe
landing areas or rest platforms must be provided at suitable intervals.
10 Handholds
(1) A
ladder must be used in such a way that a secure handhold and secure support are
always available to the user, including when the user is carrying a load.
(2) However,
in the case of a step ladder, a secure handhold need not be available in
circumstances where a load is carried if the availability of a handhold is not reasonably
practicable in those circumstances, and a risk assessment in accordance with
the construction phase plan has demonstrated that the use of a stepladder in
those circumstances is justified because of the low risk in its use and the
short duration of its use.