Construction Health and Safety

CONSTRUCTION HEALTH
SAFETY AND WELFARE

Section 3
December 1996

3 - 1

NOTE:
Whilst every care has been taken to ensure accuracy within
this work, no liability whatsoever is accepted by Construction
Health and Safety; its sponsoring organisations or their
advisers in respect of the information given.
No material from this book may be reproduced in any
shape or form without written permission from the publishers.

Printed in Great Britain by ArklePrint Ltd, 17 Gatelodge Close, Round Spinney, Northampton NN3 8RJ.
Published by the Construction Confederation,
55 Tufton Street, London SW1P 3QL

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June 2003

Construction Design and Management Regulations 2007

The existing Construction (Design and Management) regulations and the Construction (Health Safety and We l f a re )
Regulations are to be combined and replaced with the Construction (Design and Management) Regulations 2007.
The existing regulations are being revised as a result of concerns from the industry that they are complex, bureaucratic and
difficult to implement.
Until the new regulations are in force the existing guidance given in this section is accurate. The following is an outline
guide to the new regulations and is based on the draft regulations published at the time of going to press.

Timetable

Part 2

gives details of general management duties

applying to construction projects which applies
to ALL construction work regardless of whether
the work is notifiable under part 3 of the
Regulations.

Part 3

details additional duties where the project is

notifiable.

Part 4

details specific requirements, formerly within the

Construction (Health, Safety and Welfare)
Regulations 1996.

The Health and Safety Commission approved the draft

set of CDM Regulations on 17 October 2006. The
following timetable is in place for the consideration of the
new regulations:
Deadline for ministerial response 3 November 2006
Regulations in force 6 April 2007
ACoP and Guidance final draft January 2007
General approach to changes

EVERYONE needs to be aware that Part 2 and Part 4 will

apply to them.

The main changes to CDM 2007 when compared with

CDM 1994 (as modified in 2000) relate mainly to the
client, CDM co-ordinator and designer duties. There are
few changes which directly affect the principal contractor
and contractors.

Part 5

There is considerable emphasis within the Regulations on

co-operation between all of the parties. In particular there
are very clear requirements to involve the workforce. Whilst
t h e re are co-operation re q u i rements in the current CDM
regulations, the new regulations will require a higher level
of co-operation in the commitment to implement good health
and safety practices.

1.

Regulations re-ordered to group duties together by

dutyholder; and to show whether individual
p rovisions apply to all projects, or only notifiable
projects. (Notifiable is defined as before, but the
application provision relating to less than 5 workers
on site and demolition/dismantling have been
removed).

These changes are intended to support the industry in

changing behaviour and achieve the next step change in
health and safety performance.

2.

The notification trigger is when construction work

lasts more than 30 working days or takes more than
500 person days.

The other main change in CDM 2007 from CDM 1994

is in its layout and content. The Construction (Health, Safety
and Welfare) Regulations 1996 was introduced as a set of
Regulations specific to work on construction sites. Since
1996, other Regulations have come into being which have
superseded these construction-specific Regulations and
which apply to all industries. The Work at Height
Regulations 2005 is an example where new Regulations
have come into being and the sections relating to work at
height (falls) within the Construction (Health, Safety and
Welfare) Regulations 1996 have been revoked.

3.

Domestic projects no longer need to be notified.

4.

Clients agents and developers provisions removed;

a group of clients involved in a project can now
elect one to be the only CDM client.

5.

The pre-tender health and safety plan is removed,

but replaced with the requirements for the preconstruction information which are similar to the
re q u i rements for the pre-tender health and safety
plan, but do not require a document. The main
d i ff e rence is that the pre - c o n s t ruction information
must be supplied by the client for ALL construction
work, although it is compiled and distributed by the
CDM co-ordinator on notifiable projects.

6.

Planning supervisor ceases to exist. CDM Coordinator introduced to support and advise the
client in discharging his duties and co-ordinate
design and planning.

7.

Appointment of a CDM co-ordinator or principal

contractor, and a written health and safety plan only
required for notifiable projects (but demolition work
and work with a high level of risk requires written

The CDM 2007 Regulations include the parts of the

C o n s t ruction (Health, Safety and Welfare) Regulations
which remain in force, although there has been some minor
re-wording. The CDM 2007 Regulations will now form the
main set of Regulations which are specific to construction
work with the Construction Head Protection Regulations
being the only other construction-specific legislation.
The layout of the draft CDM 2007 Regulations is as
follows;
Part 1

provides definitions and application

December 2006

outlines the transitional arrangements and

summarises regulatory changes.

Summary of Key Changes

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systems of work).
8.

9.

10.

11.

12.

13.

Dutyholders cannot arrange for, or instruct anyone,

to carry out or manage design or construction work
unless that person is competent (or being supervised
by someone who is); and cannot accept a CDM
appointment/ engagement unless they are
competent to carry it out.
Assessment and demonstration of competence
simplified, with new core criteria and specific ACoP
material on individual and corporate competence.
General co-operation and co-ordination duties on
everyone involved in a project (relating to others on
the same or adjoining sites); and a specific
requirement to implement any preventive and
p rotective measures on the basis of the principles
specified in the Management Regulations.
Clients now have the duty, (which already exists in
the Health & Safety at Work Act and Management
Regulations) to take reasonable steps to ensure that
dutyholders management arrangements (including
time and other resources) are suitable to enable the
construction work to be carried out, (and any
related structure designed for use as a place of work
can be used), without risk to health or safety. Clients
have the duty to ensure that the arrangements are
maintained and reviewed throughout the project.
Clients must tell designers and contractors how
much time they have, before the start of work on
site, for planning and preparing construction work.
Clients must also ensure that tender documents
inform the contractor of welfare arrangements.
For notifiable projects, designers are prohibited
from doing anything more than initial design work
before the co-ordinator has been appointed. In

3 - 2b

preparing or modifying a design they are required,

so far as is reasonably practicable, to avoid risks to
the health or safety of any person constructing,
maintaining, repairing, cleaning and using a
structure designed as a workplace. They must
eliminate hazards which may give rise to risks and
reduce risks from any remaining hazards.
14.

The civil liability exemption has been removed in

relation to employer/employee relationship. The
Management Regulations have already been
amended along these lines.

15.

Various definitions have been changed, including

those of client, construction phase plan,
construction work, contractor, design and
designer, place of work and structure.

Benefits of Change
The aims of the new regulations are to have the right
people for the right job at the right time to manage risks on
site, reduce paperwork and encourage teamwork. In
particular this includes making:
it easier for duty holders to know what is expected of
them
it flexible for example making it fit with the vast range
of contractual arrangements
the focus on planning and management, not paperwork
the focus on integration and co-ordination
it simpler to assess competence (both for organisations
and individuals)

December 2006

The Construction (Health, Safety and We l f a re) Regulations 1996

S.I. 1996 No.1592
1. Citation and commencement
Official Text
These Regulations may be cited as the Construction
(Health, Safety and Welfare) Regulations 1996 and shall
come into force on 2nd September 1996.

Guidance

2. Interpretation
Official Text
(1) In these Regulations, unless the context otherwise
requires

Guidance

c o n s t ruction site means any place where the

principal work activity being carried out is constru c t i o n
work;
c o n s t ruction work means the carrying out of any
building, civil engineering or engineering constru c t i o n
work and includes any of the following (a) the construction, alteration, conversion, fitting out,
commissioning, renovation, repair; upkeep,
redecoration or other maintenance (including
cleaning which involves the use of water or an
abrasive at high pre s s u re or the use of substances
classified as corrosive or toxic for the purposes of
regulation 5 of the Carriage of Dangerous Goods
by Road and Rail (Classification, Packaging and
Labelling) Regulations 1994), de-commissioning,
demolition or dismantling of a stru c t u re ,

(a) Construction work does not include typical window

cleaning.

(b) the preparation for an intended stru c t u re, including

site clearance, exploration, investigation (but not
site survey) and excavation, and laying or
installing the foundations of the stru c t u re,
(c)

the assembly of prefabricated elements to form a

s t ru c t u re or the disassembly of prefabricated
elements which, immediately before such
disassembly, formed a stru c t u re,

(c)

This element of the definition does not apply the

re q u i rements of these Regulations to factories or off - s i t e
workshops making products subsequently used in
connection with construction work.

(d) the removal of a stru c t u re or part of a stru c t u re or

of any product or waste resulting from demolition
or dismantling of a stru c t u re or from disassembly of
prefabricated elements which, immediately before
such disassembly, formed a stru c t u re, and
(e) the installation, commissioning, maintenance,
repair or removal of mechanical, electrical, gas,
c o m p ressed air; hydraulic, telecommunications,
computer or similar services which are normally
fixed within or to a stru c t u re ,
but does not include the exploration for or extraction of
mineral resources or activities preparatory thereto
c a rried out at a place where such exploration or
extraction is carried out;
excavation includes any earthwork, trench, well,
shaft, tunnel or underg round working;

Building, civil engineering or engineering construction work

at proposed quarries or mines which is associated with the
development of a site prior to operations to extract mineral
resources is, however, included in the definition of
c o n s t ruction work.

fragile material means any material which would be

liable to fail if the weight of any person likely to pass
across or work on that material (including the weight of
anything for the time being supported or carried by that
person) were to be applied to it;

December 1996

3 - 3

loading bay means any facility for loading or

unloading equipment or materials for use in
c o n s t ruction work;
personal suspension equipment means suspended
access equipment (other than a working platform) for
use by an individual and includes a boatswains chair
and abseiling equipment but it does not include a
suspended scaffold or cradle;
place of work means any place which is
used by any person at work for the purposes of
c o n s t ruction work or for the purposes of any
activity arising out of or in connection with construction
work;
plant and equipment includes any machinery,
apparatus, appliance or other similar device, or any
p a rt thereof, used for the purposes of construction work
and any vehicle being used for such purpose;
s t ru c t u re means
(a) any building, steel or re i n f o rced concrete stru c t u re
(not being a building), railway line or siding,
tramway line, dock, harbour; inland navigation,
tunnel, shaft, bridge, viaduct, waterworks,
re s e rvoir; pipe or pipe-line (whatever, in either
case, it contains or is intended to contain),
cable, aqueduct, sewer; sewage works,
gasholder; road, airfield, sea defence works, river
works, drainage works, earthworks, lagoon, dam,
wall, caisson, mast, tower, pylon, underg ro u n d
tank, earth retaining structure, or structure
designed to preserve or alter any natural
f e a t u re, and any other structure similar to the
f o regoing, or
(b) any formwork, falsework, scaffold or other
structure designed or used to provide support or
means of access during construction work, or
(c)

any fixed plant in respect of work which is

installation, commissioning, de-commissioning or
dismantling and where any such work involves a
risk of a person falling more than 2 metre s .

traffic route means any route the purpose of which is

to permit the access to or egress from any part of a
construction site for any pedestrians or vehicles, or
both, and includes any doorway, gateway, loading bay
or ramp;
vehicle includes any mobile plant and locomotive and
any vehicle towed by another vehicle;
working platform means any platform used as a
place of work or as a means of access to or egress fro m
that place and includes any scaffold, suspended
s c a ffold, cradle, mobile platform, trestle, gangway, ru n ,
gantry, stairway and crawling ladder.
(2) Unless the context otherwise re q u i res, any re f e rence in
these Regulations to(a) a numbered regulation or Schedule, is a re f e re n c e
to the regulation or Schedule in these Regulations
so numbered; and
(b) a numbered paragraph, is a reference to the
paragraph so numbered in the regulation or
Schedule in which the re f e rence appears.

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December 1996

3. Application
Official Text
(1) Subject to the following paragraphs of this regulation,
these Regulations apply to and in relation to constru c t i o n
work carried out by a person at work.

Guidance

(2) These Regulations shall not apply to any workplace

on a construction site which is set aside for purposes other
than construction work.

(3) Requirements regarding traffic routes, emergency

routes and pro c e d u res, fire precautions, welfare facilities
and general good order do not apply to places where the
main activity is not construction work, e.g. operational factories where, again, the workplace Regulations will apply.

(3) Regulations 15, 19, 20, 21, 22 and 26(1) and (2)
apply only to and in relation to construction work carried out
by a person at work at a construction site.

4. Persons upon whom duties are imposed by these Regulations

Official Text
(1) Subject to paragraph (5), it shall be the duty of every
employer whose employees are carrying out constru c t i o n
work and every self-employed person carrying out
c o n s t ruction work to comply with the provisions of these
Regulations insofar as they affect him or any person at work
under his control or relate to matters which are within his
control.

Guidance
Everyone involved in construction work has duties to comply
with the re q u i rements of these regulations, eg:
(1) employers and the self-employed who carry out
c o n s t ruction work or who control matters covered by the
regulations;

(2) It shall be the duty of every person (other than a

person having a duty under paragraph (1) or (3)) who
controls the way in which any construction work is carr i e d
out by a person at work to comply with the provisions of
these regulations insofar as they relate to matters which are
within his contro l .

(2) anyone other than employers, the self-employed, or

employees who control the way work is carried out (e.g.
clients, management contractors, etc);

(3) Subject to paragraph (5), it shall be the duty of every

employee carrying out construction work to comply with the
requirements of these Regulations insofar as they relate to the
p e rf o rmance of or the refraining from an act by him.

(3) employees, in relations to what they must or must not

do.

(4) It shall be the duty of every person at work (4) Everyone at work must:
(a) as regards any duty or re q u i rement imposed on
any other person under these Regulations, to
cooperate with that person so far as is necessary
to enable that duty or re q u i rement to be performed
or complied with; and
(b) w h e re working under the control of another
person, to re p o rt to that person any defect which
he is aware may endanger the health or safety of
himself or another person.
(5) This regulation shall not apply to regulations 22 and
29(2), which expressly say on whom the duties are imposed.

December 1998

(a) co-operate, not only with his employer, but with

other persons who have duties under the
regulations, and
(b) re p o rt any hazardous situation to the person in
c o n t rol of the work.

(5) The above re q u i rements do not apply in relation to

w e l f a re facilities, or to the carrying out of inspections of
scaffolds, excavations, coff e rdams, or caissons, for which
specific duties are laid down in Regs 22 and 29(2).

3 - 5

5. Safe places of work

Official Text
(1) There shall, so far as is reasonably practicable, be
suitable and sufficient safe access to and egress from every
place of work and to any other place provided for the use of
any person while at work, which access and egress shall be
without risks to health and properly maintained.

Guidance

(2) Every place of work shall, so far as is reasonably

practicable, be made and kept safe for, and without risks to
health to, any person at work there .
(3) Suitable and sufficient steps shall be taken to ensure ,
so far as is reasonably practicable, that no person gains
access to any place which does not comply with the
re q u i rements of paragraphs (1) or (2).

(3) Access to unsafe areas must be effectively pre v e n t e d ,

n o rmally by physical barriers. Warning notices alone may
not be sufficient.

(4) Paragraphs (1) to (3) shall not apply in relation to a

person engaged in work for the purpose of making any
place safe, provided all practicable steps are taken to
ensure the safety of that person whilst engaged in that work.

(4) People who are in the process of making places safe

(e.g. scaffolders) must themselves be provided with a high
level of protection to ensure their own safety.

(5) Every place of work shall, so far as is reasonably

practicable and having re g a rd to the nature of the work
being carried out there, have sufficient working space and
be so arranged that it is suitable for any person who is
working or who is likely to work there .

(5) When planning a place of work, due thought must be

given to the space, etc. re q u i red for its future use during the
c o n s t ruction pro c e s s .

6. Falls
Official Text
(1) Suitable and sufficient steps shall be taken to pre v e n t ,
so far as is reasonably practicable, any person falling.

Guidance
(1) Precautions must be taken to prevent falls from any
height where injury might re s u l t .

(2) In any case where the steps re f e rred to in paragraph

(1) include the provision of -

(2) Where working platforms, guardrails, etc are

p rovided, they must comply with Schedules 1 and 2 (see p322). In particular, it should be noted that the gap between
any guardrail, toeboard or barrier must not exceed 470mm.
This means, in practice, that either an intermediate guard r a i l
or a sturdy barrier, such as brickguards, must be fitted.
F u rther guidance is given in Section 7 - Work at Height.

(a) any guard-rail, toe-board, barrier or other similar

means of pro t e c t i o n ;
or
(b) any working platform ,
it shall comply with the provisions of Schedule I and
Schedule 2 re s p e c t i v e l y.
(3) Without prejudice to the generality of paragraph (1)
and subject to paragraph (6), where any person is to carry
out work at a place from which he is liable to fall a distance
of 2 metres or more or where any person is to use a means of
access to or egress from a place of work from which access
or egress he is liable to fall a distance of 2 metres or more -

(3) Where a person could be liable to fall a distance of

2m or more :

(a) t h e re shall, subject to sub-paragraphs (c) and (d)

below and paragraph (9), be provided and used
suitable and sufficient guard-rails and toe-board s ,
b a rriers or other similar means of protection to
p revent, so far as is reasonably practicable, the fall
of any person from that place, which guard - r a i l s ,
toe-boards, barriers and other similar means of
p rotection shall comply with the provisions of
Schedule 1; and

(a) except where the conditions covered by (c) and (d)

below apply, guardrails, toeboards, barriers, etc.
complying with Schedule 1 must be fitted; and

3 - 6

December 1996

(b) w h e re it is necessary in the interest of the safety of

any person that a working platform be pro v i d e d ,
there shall, subject to sub-paragraphs (c) and (d)
below, be so provided and used a sufficient number
of working platforms which shall comply with the
provisions of Schedule 2; and

(b) w h e re provision of a working platform is

appropriate, it must be at least 600mm wide and
comply with other re q u i rements of Schedule 2 (see
p3-22). Also see Section 7 Work at Height and
Suspended scaffolds, p9-53).

(c)

(c)

w h e re it is not practicable to comply with all or any

of the re q u i rements of sub-paragraphs (a) or (b)
above or where due to the nature or the short
duration of the work compliance with such
re q u i rements is not reasonably practicable, there
shall, subject to sub-paragraph (d) below, be
p rovided and used suitable personal suspension
equipment which shall comply with the provisions of
Schedule 3; and

W h e re it is not practicable to provide a working

p l a t f o rm, guardrails, etc. or where such pro v i s i o n ,
although practicable, is unreasonable (because of
the nature or short duration of the work), personal
suspension equipment (e.g. bosuns chairs or
abseiling equipment) must be provided and used
(see Schedule 3, p3-22). Guidance on personal
suspension equipment is given on p7-37.

(d) where it is not practicable to comply with all or any

of the requirements of sub-paragraphs (a), (b) or (c)
above or where due to the nature or the short
duration of the work compliance with such requirements is not reasonably practicable, such re q u i rements of those sub-paragraphs as can be complied
with shall be complied with and, in addition, there
shall be provided and used suitable and suff i c i e n t
means for arresting the fall of any person which shall
comply with the provisions of Schedule 4.

(d) W h e re it is not practicable, or where it would be

unreasonable (because of the nature or short
duration of the work) to provide working platforms,
g u a rdrails, etc. or personal suspension equipment,
which comply fully with any of the above
re q u i rements, compliance must be achieved as far
as possible. In addition, fall arrest equipment (i.e.
safety nets or safety harnesses) must be provided
and used (see Schedule 4, p3-23). Guidance is also
given on p7-34 and p18-15

(4) Means for the prevention of, or for protection fro m ,

falls provided pursuant to sub-paragraph (a) and (d) of
paragraph (3) may be removed for the time and to the extent
necessary for the movement of materials, but shall be
replaced as soon as practicable.

(4) Guardrails, barriers, etc. or safety nets may be

removed if this is necessary for movement of materials, but
must be replaced as soon as possible.

(5) A ladder shall not be used as, or as a means of

access to or egress from, a place of work unless it is
reasonable to do so having re g a rd to -

(5) The risks involved in using a ladder as a place of work

must be assessed (e.g. can the work be done using one hand,
with the other hand on the ladder?). Requirements for ladders
are detailed in Schedule 5, p3-23. Also see p7-32.

(a) the nature of the work being carried out and its
duration; and
(b) the risks to the safety to any person arising from the
use of the ladder.
(6) Where a ladder is used pursuant to paragraph (5)

(6) (a) See p3-23. Guidance is also given on p7-32.

(a) it shall comply with the provisions of Schedule 5;

and
(b) the provisions of paragraph (3) shall not apply.
(7) Any equipment provided pursuant to this regulation
shall be properly maintained.
(8) (a) The installation or erection of any scaffold
provided pursuant to paragraph (1) or subparagraph (b) of
paragraph (3) and any substantial addition or alteration to
such scaffold shall be carried out only under the supervision
of a competent person.

(8) (a) Dismantling should also be supervised by a competent

person.

(b) The installation or erection of any personal

suspension equipment or any means of arresting
falls provided pursuant to sub-paragraphs (c) or (d)
of paragraph (3) shall be carried out only under the
supervision of a competent person, and for the
purposes of this paragraph installation shall not
include the personal attachment of any equipment or
means of preventing falls to the person for whose
safety such equipment or means is pro v i d e d .

June 2005

3 - 7

(9) No toe-boards shall be re q u i red in respect of any

stairway, or any rest platform forming part of a scaff o l d ,
w h e re such stairway or platform is used solely as a means of
access to or egress from any place or work, provided that
the stairway or platform is not being used for the keeping or
storing of any material or substance.

(9) A stairway or landing place in a ladder access on a

s c a ffold does not re q u i re toeboards to be fitted pro v i d e d
materials are not stored there .

7. Fragile material
Official Text
(1) Suitable and sufficient steps shall be taken to pre v e n t
any person from falling through any fragile material.

Guidance
(1) Precautions must be taken to prevent falls thro u g h
fragile material from any height.

(2) Without prejudice to the generality of paragraph (1),

(2) Where a person could fall 2m or more through fragile

material:
(a) p roperly secured and supported crawling ladders or
b o a rds must be provided and used so that the
persons weight is on the ladder or boards and
never on the fragile material; and

(a) no person shall pass across, or work on or fro m ,

fragile material through which he would be liable to
fall 2 metres or more unless suitable and sufficient
p l a t f o rms, coverings or other similar means of
s u p p o rtare provided and used so that the weight of
any person so passing or working is supported by
such supports; and
(b) no person shall pass or work near fragile material
through which he would be liable to fall 2 metres or
m o re unless there are provided suitable and
s u fficient guard-rails, coverings or other similar
means for preventing, so far as is reasonably
practicable, any person so passing or working fro m
falling through that material; and

(b) suitable and sufficient guardrails must be fitted, or

the nearby fragile sheets must be protectively
c o v e red to prevent falls through them; and

(c)

(c)

w h e re any person may pass across or near or work

on or near fragile material through which, were it
not for the provisions of sub-paragraphs (a) and (b)
above, he would be liable to fall 2 metres or more ,
p rominent warning notices shall be affixed at the
approach to the place where the material is situated.

prominent warning notices must be fixed at the

approaches to any area covered in fragile material.

F u rther guidance is given in Section 8D - Work on Roofs.

8. FaIling objects
Official Text
(I) Where necessary to prevent danger to any person,
suitable and sufficient steps shall be taken to prevent, so far
as is reasonably practicable, the fall of any material or
object.
(2) In any case where the steps re f e rred to in paragraph
(1) include the provision of

Guidance
(1) All reasonable precautions must be taken to prevent
danger from falling materials or objects.
(2) Measures, such as toe boards, brickguards, etc. and
working platforms must comply with the requirements of
Schedules 1 & 2 (see p3-22).

(a) any guard-rail, toe-board, barrier or other similar

means of pro t e c t i o n ;
or
(b) any working platform ,
it shall comply with the provisions of Schedule I and
Schedule 2 re s p e c t i v e l y.

3 - 8

June 2005

(3) Where it is not reasonably practicable to comply with

the requirements of paragraph (1) or where it is otherwise
necessary in the interests of safety, suitable and suff i c i e n t
steps shall be taken to prevent any person from being stru c k
by any falling material or object which is liable to cause
injury.

(3) Where it is not reasonably practical to prevent

materials or objects falling, or there remains a possibility of
danger to persons below, other steps, such as debris nets,
p rotection fans, or exclusion zones must be taken. Guidance
on safety nets (including debris nets) is given on p7-35.

(4) No material or object shall be thrown or tipped fro m

a height in circumstances where it is liable to cause injury to
any person.

(4) Where there is a possibility of injury to persons

below, materials must be lowered safely to the ground or
disposed of through rubbish chutes (Guidance on rubbish
chutes is given in Section 27 - Refurbishment).

(5) Materials and equipment shall be stored in such a

way as to prevent danger to any person arising from the
collapse, overt u rning or unintentional movement of such
materials or equipment.

(5) Materials and equipment must be stacked safely.

9. Stability of structures
Official Text
(1) All practicable steps shall be taken, where necessary
to prevent danger to any person, to ensure that any new or
existing stru c t u re or any part of such stru c t u re which may
become unstable or in a temporary state of weakness or
instability due to the carrying out of construction work
(including any excavation work) does not collapse
accidentally.

Guidance
(1) Precautions must be taken to ensure that the stability of
any structure (whether temporary or permanent) is not
adversely affected by construction work (e.g. excavations).

(2) No part of a stru c t u re shall be so loaded as to re n d e r

it unsafe to any person.

(2) Structures, including scaffolds, must not be

overloaded and loads must be evenly distributed.

(3) Any buttress, temporary support or temporary

stru c t u re used to support a permanent stru c t u re pursuant to
paragraph (1) shall be erected or dismantled only under the
supervision of a competent person.

(3) The erection and dismantling of temporary works,

including scaffolding and falsework, must be supervised by
a competent person.

10. Demolition or dismantling

Official Text
(1) Suitable and sufficient steps shall be taken to ensure
that the demolition or dismantling of any stru c t u re, or any
p a rt of any stru c t u re, being demolition or dismantling which
gives rise to a risk of danger to any person, is planned and
c a rried out in such a manner as to prevent, so far as is
practicable, such danger.

Guidance
Comprehensive guidance is given in Section 8A
Demolition. The dismantling of scaffolding is covered on p729.

(2) Demolition or dismantling to which paragraph (1)

applies shall be planned and carried out only under the
supervision of a competent person.

11. Explosives
Official Text
(1) An explosive charge shall be used or fired only if
suitable and sufficient steps have been taken to ensure that
no person is exposed to risk of injury from the explosion or
from projected or flying material caused there b y.
December 1996

Guidance
Comprehensive guidance is given in Section 8C
Explosives.

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12. Excavations
Official Text
(1) All practicable steps shall be taken, where necessary
to prevent danger to any person, to ensure that any new or
existing excavation or any part of such excavation which
may be in a temporary state of weakness or instability due to
the carrying out of construction work (including other
excavation work) does not collapse accidentally.
(2) Suitable and sufficient steps shall be taken to pre v e n t ,
so far as is reasonably practicable, any person from being
buried or trapped by a fall or dislodgement of any material.
(3) Without prejudice to the generality of paragraph (2),
where it is necessar y for the purpose of preventing any
danger to any person from a fall or dislodgement of any
material from a side or the roof of or adjacent to any
excavation, that excavation shall as early as practicable in
the course of the work be sufficiently supported so as to
p revent, so far as is reasonably practicable, the fall or
dislodgement of such material.

(1/2/3) Where excavations are not suitably battere d

back, trench sheeting, timbering or other means of shoring,
must be installed to prevent danger to persons from the
accidental collapse of an excavation or from the fall of
material. Note Such steps must be taken irrespective of the
depth of the excavation or the height from which materials
might fall.

(4) Suitable and sufficient equipment for supporting an

excavation shall be provided to ensure that the requirements
of paragraphs (1) to (3) may be compiled with.
(5) The installation, alteration or dismantling of any
s u p p o rt for an excavation pursuant to paragraphs (1), (2) or
(3) shall be carried out only under the supervision of a
competent person.
(6) Where necessary to prevent danger to any person,
suitable and sufficient steps shall be taken to prevent any
person, vehicle or plant and equipment, or any
accumulation of earth or other material, from falling into any
excavation.
(7) Where a collapse of an excavation would endanger
any person, no material, vehicle or plant and equipment
shall be placed or moved near any excavation where it is
likely to cause such collapse.
(8) No excavation work shall be carried out unless
suitable and sufficient steps have been taken to identify and,
so far as is reasonably practicable, prevent any risk of injury
arising from any underg round cable or other underg ro u n d
service.

(6) (7) Steps will include:

(a) e rection of suitable barriers to prevent persons
falling into excavations;
(b) vehicle stops, such as a balk of timber, to prevent
vehicles approaching too close to an excavation;
(c)

the placing of spoil heaps away from the edges of

excavations.

(8) Guidance on precautions regarding underground

services is given in Section 20 - Overhead and Underg round
Services.
Comprehensive guidance on excavations is given in
Section 8B - Excavation.

13. Cofferdams and caissons

Official Text
(1) Every coff e rdam or caisson and every part there o f
shall be of suitable design and construction, of suitable and
sound material and of sufficient strength and capacity for the
purpose for which it is used, and shall be properly
maintained.
(2) The construction, installation, alteration or dismantling
of a coff e rdam or caisson shall take place only under the
supervision of a competent person.

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December 1996

14. Prevention of drowning

Official Text
(1) Where during the course of construction work any
person is liable to fall into water or other liquid with a risk of
drowning, suitable and sufficient steps shall be taken -

Guidance
A risk assessment should be carried out to determine the
p recautions which need to be taken and the type and scale
of equipment and training which needs to be pro v i d e d .

(a) to prevent, so far as is reasonably practicable, such

person from so falling; and

Comprehensive guidance is given in Section 8E - Work

over Water.

(b) to minimise the risk of drowning in the event of such

a fall; and
(c)

to ensure that suitable rescue equipment is pro v i d e d ,

maintained and, when necessary, used so that such
person may be promptly rescued in the event of such
a fall.

(2) Suitable and sufficient steps shall be taken to ensure

the safe transport of any person conveyed by water to or
from any place of work.
(3) Any vessel used to convey any person by water to or
from a place of work (a) shall be of suitable construction; and
(b) shall be properly maintained; and
(c)

shall be under the control of a competent person;

and

(d) shall not be overc rowded or overloaded.

15. Tr a ffic routes

Official Text
(1) Every construction site shall be organised in such a
way that, so far as is reasonably practicable, pedestrians
and vehicles can move safely and without risks to health.
(2) Tr a ffic routes shall be suitable for the persons or
vehicles using them, sufficient in number, in suitable positions
and of sufficient size.

Guidance
(1-4) Careful planning is essential in the setting up of a
c o n s t ruction site to ensure, as far as possible, the safe
movement of both vehicles and pedestrians. Where
possible, there should be separate, clear, access routes;
barriers should be erected where appro p r i a t e .
Such matters as the provision of banksmen when vehicles
a re reversing should be covered in site ru l e s .

(3) Without prejudice to the generality of paragraph (2),

t r a ffic routes shall not satisfy the re q u i rements of that
paragraph unless suitable and sufficient steps are taken to
ensure that (a) pedestrians or; as the case may be, vehicles may
use a traffic route without causing danger to the
health or safety of persons near it;
(b) any door or gate used or intended to be used by
pedestrians and which leads onto a traffic route for
vehicles is sufficiently separated from that traffic
route to enable pedestrians from a place of safety to
see any approaching vehicle or plant;
(c)

t h e re is sufficient separation between vehicles and

pedestrians to ensure safety or; where this is not
reasonably practicable (i)

t h e re are provided other means for the

protection of pedestrians; and

December 1996

3 - 11

(ii) t h e re are effective arrangements for warn i n g

any person liable to be crushed or trapped by
any vehicle of the approach of that vehicle;
(d) any loading bay has at least one exit point for the
exclusive use of pedestrians; and
(e) w h e re it is unsafe for pedestrians to use any gate
intended primarily for vehicles, one of more doors
for pedestrians is provided in the immediate vicinity
of any such gate, which door shall be clearly
marked and kept free from obstruction.
(4) No vehicle shall be driven on a traffic route unless, so
far as is reasonably practicable, that traffic route is free fro m
o b s t ruction and permits sufficient clearance.
(5) Where it is not reasonably practicable to comply with
all or any of the re q u i rements of paragraph (4), suitable and
sufficient steps shall be taken to warn the driver of the vehicle
and any other person riding thereon of any approaching
o b s t ruction or lack of clearance.

(5) (6) Suitable warning signs should be positioned,

w h e re appropriate, to warn both drivers and pedestrians of
any risk.
Further relevant guidance is contained in HSE booklet
HS(G) 150 Health and safety in construction.

(6) Every traffic route shall be indicated by suitable signs

w h e re necessary for reasons of health or safety.

16. Doors and gates

Official Text
(1) Where necessary to prevent the risk of injury to any
person, any door; gate or hatch (including a temporary
door; gate or hatch) shall incorporate or be fitted with
suitable safety devices.
(2) Without prejudice to the generality of paragraph (1),
a door; gate or hatch shall not comply with that paragraph
unless (a) any sliding door; gate or hatch has a device to
p revent it coming off its track during use;
(b) any upward opening door; gate or hatch has a
device to prevent it falling back;
(c)

any powered door; gate or hatch has suitable and

e ffective features to prevent it causing injury by
trapping any person;

(d) w h e re necessary for reasons of health or safety, any

p o w e red door; gate or hatch can be operated
manually unless it opens automatically if the power
fails.
(3) This regulation shall not apply to any door; gate or
hatch forming part of any mobile plant and equipment.

17. Vehicles
Official Text
(1) Suitable and sufficient steps shall be taken to pre v e n t
or control the unintended movement of any vehicle.

Guidance

(2) Suitable and sufficient steps shall be taken to ensure

that, where any person may be endangered by the
movement of any vehicle, the person having effective contro l
of the vehicle shall give warning to any person who is liable
to be at risk from the movement of the vehicle.

(2) Drivers must be instructed on measures which need to

be taken to warn other persons liable to be at risk.

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December 1996

(3) Any vehicle being used for the purposes of

c o n s t ruction work shall when being driven, operated or
towed (a) be driven, operated or towed in such a manner as is
safe in the circumstances; and
(b) be loaded in such a way that it can be driven,
operated or towed safely.
(4) No person shall ride or be re q u i red or permitted to
ride on any vehicle being used for the purposes of
construction work otherwise than in a safe place there o n
provided for that purpose.
(5) No person shall remain or be re q u i red or permitted to
remain on any vehicle during the loading or unloading of
any loose material unless a safe place of work is pro v i d e d
and maintained for such person.

(5) Drivers must not remain in the vehicle during loading

or unloading unless the cabin is fitted with a falling objects
p rotective stru c t u re (FOPS).

(6) Where any vehicle is used for excavating or handling

(including tipping) materials, suitable and suff i c i e n t
m e a s u res shall be taken so as to prevent such vehicle fro m
falling into any excavation or pit, or into water; or
overrunning the edge of any embankment or eart h w o r k .
(7) Suitable plant and equipment shall be provided and
used for replacing on its track or otherwise safely moving
any rail vehicle which may become derailed.

F u rther guidance on vehicles and plant is given in Section

14 Mechanical Plant and Equipment and in Section 19 Site Transport.

18. P revention of risk from fire etc.

Official Text
Suitable and sufficient steps shall be taken to prevent, so
far as is reasonably practicable, the risk of injury to any
person during the carrying out of construction work arising
from

Guidance
The risk of fire, explosion, flooding or asphyxiation
arising from any construction work must be assessed and
appropriate precautions taken. Such precautionary
m e a s u res should normally be detailed in the Health and
Safety Plan.

(a) f i re or explosion; or
(b) flooding; or
(c)

any substance liable to cause asphyxiation.

Guidance on relevant precautions is given in Section 5 Fire, Section 6 - Highly Flammable Liquids and Liquefied
Petroleum Gases, Section 8B - Excavations, Section 23
Confined Spaces and Section 25 - Hazards to Health.

19. E m e rgency routes and exits

Official Text
(1) Where necessary in the interests of the health and
safety of any person on a construction site, a suff i c i e n t
number of suitable emergency routes and exits shall be
provided to enable any person to reach a place of safety
quickly in the event of danger.

Guidance

(2) An emergency route or exit provided pursuant to

paragraph (1) shall lead as directly as possible to an
identified safe are a .

(2) Details of emergency routes and safe areas should be

displayed and also, normally, included in the Health and
Safety Plan.

(3) Any emergency route and exit provided in

a c c o rdance with paragraph (1), and any traffic route or
door giving access thereto, shall be kept clear and free fro m
o b s t ruction, and, where necessary, provided with
e m e rgency lighting so that such emergency route or exit may
be used at any time.

(3) Emergency lighting must be provided, whenever

necessary, for the safe use of emergency routes. Such
lighting, which should be powered by a source independent
from that of normal lighting and be immediately effective in
the event of failure of normal lighting, must be suitable and
sufficient for the number of persons likely to use the route. In
some cases, e.g. a security guard working alone, pro v i s i o n
of individual lighting (i.e. torches) may be considered
sufficient.

December 1996

3 - 13

(4) Any provision for emergency routes and exits made

under paragraph (1) shall have re g a rd to -

(4) The need for emergency routes and exits should form
p a rt of the risk assessment.

(a) the type of work for which the construction site is

being used;
(b) the characteristics and size of the construction site
and the number and location of places of work on
that site;
(c)

the plant and equipment being used;

(d) the number of persons likely to be present on the site

at any one time; and
(e) the physical and chemical properties of any
substances or materials on or likely to be on the site.
(5) All emergency routes or exits shall be indicated by
suitable signs.

(5) See Health and Safety (Safety Signs and Signals)

Regulations 1996, p1-35.

20. Emergency procedures

Official Text
(1) Where necessary in the interests of the health and
safety of any person on a construction site, there shall be
p re p a red and, when necessary, implemented suitable and
s u fficient arrangements for dealing with any forseeable
emergency, which arrangements shall include pro c e d u re s
for any necessary evacuation of the site or any part there o f .

Guidance
(1) Emergency pro c e d u res (e.g. in the event of fire,
explosion or flooding) should be prepared where
appropriate and normally included in the Health and Safety
Plan.

(2) Without prejudice to the generality of paragraph (1),

a rrangements pre p a red pursuant to that paragraph shall
have re g a rd to those matters set out in paragraph (4) of
regulation 19.

(2) The need for, and details of, any emergency

p ro c e d u res will be determined by a risk assessment.

(3) Where arrangements are prepared pursuant to

paragraph (1), suitable and sufficient steps shall be taken to
ensure that -

(3) (a) Instruction on emergency pro c e d u res should

n o rmally form part of induction training.

(a) every person to whom the arrangements extend is

familiar with those arrangements; and

(b)One way of achieving this is for emergency

evacuation routes to be used occasionally at the
end of a work period.

(b) the arrangements are tested by being put into eff e c t

at suitable intervals.

21. F i re detection and fire-fighting

Official Text
(1) Without prejudice to the provisions of any other
enactment, there shall be provided on a construction site
w h e re necessary in the interests of the health and safety of
any person at work on that site -

Guidance
(1) (a) Guidance is given in Section 5 - Fire .
(b) In some cases, the risk assessment may indicate that
f i re detectors and alarm systems are not necessary.

(a) suitable and sufficient fire-fighting equipment; and

(b) suitable and sufficient fire detectors and alarm
systems.
which shall be suitably located.
(2) Any provision for fire-fighting equipment, fire
detectors and alarm systems made under paragraph (1)
shall have regard to those matters set out in paragraph (4) of
regulation 19.

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December 1996

(3) Any fire-fighting equipment, fire detector or alarm

system provided under paragraph (I) shall be properly
maintained and subject to examination and testing at such
intervals as to ensure that such equipment, detector or system
remains eff e c t i v e .

(3) Guidance on the maintenance of fire-fighting

equipment, etc. is given on p5-7.

(4) Any fire-fighting equipment which is not designed to

come into use automatically shall be easily accessible.
(5) Every person at work on a construction site shall, so
far as is reasonably practicable, be instructed in the corre c t
use of any fire-fighting equipment which it may be necessary
for him to use.

(5) Instruction should be included in induction training.

(6) Where a work activity may give rise to a part i c u l a r

risk of fire, a person shall not carry out such work unless he
is suitably instructed so as to prevent, so far as is reasonably
practicable, that risk.

(6) Anyone carrying out welding or other hot work must

be instructed on fire prevention measures. Guidance is given
on p5-12/13 and in Section 11 Welding.

(7) Fire-fighting equipment shall be indicated by suitable

signs.

(7) See Health and Safety (Safety Signs and Signals)

Regulations 1996, p1-35).

22. Welfare facilities

Official Text
(1) It shall be the duty of any person in control of a
c o n s t ruction site to ensure, so far as is reasonably
practicable, that the re q u i rements of this regulation are
complied with in relation to that site.

Guidance
(1) The principal contractor, or person in control, must
ensure that suitable and sufficient welfare facilities are
p rovided. Relevant matters should be covered in the Health
and Safety Plan where the CDM Regulations apply.

(2) It shall be the duty of every employer and every selfemployed person to ensure that the provisions of paragraphs
(3) to (8) are complied with in respect of any person at work
on a construction site who is under his contro l .

(2) Although employers and the self-employed have these

duties, this does not prevent the agreed sharing of welfare
facilities.

(3) Suitable and sufficient sanitary conveniences shall be

p rovided or made available at readily accessible places,
which conveniences shall, so far as is reasonably practicable, comply with the provisions of paragraphs 1 to 3 of
Schedule 6.

(3) (4) See pages 3-23 and 4-5.

(4) Suitable and sufficient washing facilities, including

showers if re q u i red by the nature of the work or for health
reasons, shall be provided or made available at readily
accessible places, which facilities shall, so far as is
reasonably practicable, comply with the provisions of
paragraphs 4 to 9 of Schedule 6, save that in respect of the
provision of showers, paragraph 4(a) of that Schedule shall
not apply.

(4) See page 4-5.

(5) An adequate supply of wholesome drinking water

shall be provided or made available at readily accessible
and suitable places, which supply shall, so far as is
reasonably practicable, comply with the provisions of
paragraphs 10 and 11 of Schedule 6.

(5) See p3-23 and p4-5A.

(6) Suitable and sufficient accommodation shall be

provided or made available -

(6) Clothing should be able to be hung in a clean, warm ,

dry and well ventilated place, with at least a separate hook,
peg or hanger for each person. See page 4-5A.

(a) for the clothing of any person at work on a

c o n s t ruction site and which is not worn during
working hours; and
(b) for special clothing which is worn by any person at
work on a construction site but which is not taken
home,
which accommodation shall, so far as is reasonably
practicable, comply with the provisions of paragraph 12 of
Schedule 6.
June 2005

3 - 15

(7) Suitable and sufficient facilities shall be provided or

made available to change clothing in all cases where (a) a person has to wear special clothing for the
purpose of his work; and
(b) that person cannot, for reasons of health or
propriety, be expected to change elsewhere ,

(7) Where special clothing is required to be worn, adequate room for changing should be provided and measure s
taken to ensure security, for example by providing lockers.
Where there is a risk of contamination (e.g. from
asbestos), a decontamination unit, containing changing
facilities, showers and separate storage facilities for both
personal clothing and protective equipment may be re q u i re d
(see p4-6 and p24-25/26).

w h e re facilities shall, so far as is reasonably practicable,

comply with the provisions set out in paragraph 13 of
Schedule 6.
(8) Suitable and sufficient facilities for rest shall be
p rovided or made available at readily accessible places,
which facilities shall, so far as is reasonably practicable,
comply with the provisions of paragraph 14 of Schedule 6.

(8) See page 4-5A.

23. F resh air

Official Text
(1) Suitable and sufficient steps shall be taken to ensure ,
so far as is reasonably practicable, that every workplace or
approach thereto has sufficient fresh or purified air to ensure
that the place or approach is safe and without risks to health.

Guidance
(1) Where a risk assessment shows a danger of exposure
to fumes or gases, the atmosphere must be made as safe as
possible by natural or forced ventilation.

(2) Any plant used for the purpose of complying with

paragraph (1) shall, where necessary for reasons of health
or safety, include an effective device to give visible or
audible warning of any failure of the plant.

(2) Atmospheric monitoring must be carried out, using

suitable gas detectors.
Further guidance is given in Section 23 Confined
Spaces.

24. Te m p e r a t u re and weather protection

Official Text
(1) Suitable and sufficient steps shall be taken to ensure ,
so far as is reasonably practicable, that during working
hours the temperature at any indoor place of work to which
these Regulations apply is reasonable having regard to the
purpose for which that place is used.
(2) Every place of work outdoors, shall, where necessary
to ensure the health and safety of persons at work there, be
so arranged that, so far as is reasonably practicable and
having regard to the purpose for which that place is used
and any protective clothing or equipment provided for the
use of any person at work there, it provides protection fro m
adverse weather.

3 - 16

Guidance
(1) The temperature in indoor workplaces should pro v i d e
reasonable comfort without the need for special clothing. A
minimum of 16C is recommended unless the work involves
s e v e re physical eff o rt, in which case the temperature should
be at least 13C. Local cooling, by means of fans, may be
appropriate in extremely hot weather or when hot work is
involved.

June 2005

25. Lighting
Official Text
(1) There shall be suitable and sufficient lighting in
respect of every place of work and approach thereto and
every traffic route, which lighting shall, so far as is
reasonably practicable, be by natural light.

Guidance
(1) (2) Guidance on lighting is given in Section 10 Electricity.

(2) The colour of any artificial lighting provided shall not

adversely affect or change the perception of any sign or
signal provided for the purposes of health and safety.
(3) Without prejudice to the generality of paragraph (1),
suitable and sufficient secondary lighting shall be pro v i d e d
in any place where there would be a risk to the health or
safety of any person in the event of failure of primary
a rtificial lighting.

(3) Secondary lighting is only necessary where a failure

of primary lighting could cause danger.

26. Good ord e r

Official Text
(1) Every part of a construction site shall, so far as is
reasonably practicable, be kept in good order and every
p a rt of a construction site which is used as a place of work
shall be kept in a reasonable state of cleanliness.
(2) Where necessary in the interests of health and safety,
the perimeter of a construction site shall, so far as is
reasonably practicable, be identified by suitable signs and
the site shall be so arranged that its extent is re a d i l y
identifiable.

Guidance
(1) Construction sites must be kept tidy.

(2) Guidance on perimeter fencing, etc, is given in

Section 4 - Setting Up Site.

(3) No timber or other material with projecting nails shall

(a) be used in any work in which the nails may be a
s o u rce of danger to any person; or
(b) be allowed to remain in any place where the nails
may be a source of danger to any person.

27. Plant and equipment

Revoked

28. Training
Official Text
(1) Any person who carries out any activity involving
c o n s t ruction work where training, technical knowledge or
experience is necessary to reduce the risks of injury to any
person shall possess such training, knowledge or
experience, or be under such degree of supervision by a
person having such training, knowledge or experience, as
may be appropriate having regard to the nature of the
activity.
December 1998

Guidance
Guidance on relevant training is given in Section 2Training.

3 - 17

29. Inspection
Official Text
(1) Subject to paragraph (2), a place of work re f e rred to
in column I of Schedule 7 shall be used to carry out
c o n s t ruction work only if that place has been inspected by a
competent person at times set out in the corresponding entry
in column 2 of that Schedule and the person who has carr i e d
out the inspection is satisfied that the work can be safely
c a rried out at that place.

Guidance
(1) Working platforms, bosuns chairs, abseiling
equipment, supported excavations, coff e rdams and caissons
must not be used as places of work unless inspections by
a competent person, carried out in accordance with
Schedule 7 (see p3-24), have shown them to be safe.
Also see p1 -30/32.

(2) Without prejudice to paragraph (1), where the place

of work is a part of a scaffold, excavation, coff e rdam or
caisson, any employer or any other person who controls the
way in which construction work is carried out by persons
using that part shall ensure that the scaffold, excavation,
cofferdam or caisson is stable and of sound construction and
that the safeguards re q u i red by these Regulations are in
place before his employees or persons under his control first
use that place of work.

(2) All employers must satisfy themselves of the safety of

scaffolds, excavations, coff e rdams and caissons before
allowing employees to work on or in them for the first time.

(3) Where the person who has carried out an inspection

pursuant to paragraph (1) is not satisfied that construction
work can safely be carried out at that place (a) w h e re the inspection was carried out on behalf of
another person, he shall inform that person of any
matters about which he is not satisfied; and
(b) the place of work shall not be used until the matters
identified have been satisfactorily remedied.
(4) An inspection of a place of work carried out pursuant
to paragraph (I) shall include an inspection of any plant and
equipment and any materials which affect the safety of that
place of work.

(4) Inspections should include such matters as checks on

excessive loading or obstruction of platforms and on
materials used for support of excavations, scaffolding, etc.

30. Reports
Official Text
(1) Subject to paragraphs (5) and (6), where an
inspection is re q u i red under regulation 29(1), the person
who carries out such inspection shall, before the end of the
working period within which the inspection is completed,
p re p a rea re p o rt which shall include the particulars set out in
Schedule 8.

Guidance
(1) See p 3-24. Also see p1-30/32.

(2) A person who prepares a re p o rt under paragraph (1)

shall, within 24 hours of completing the inspection to which
the report relates, provide the report or a copy thereof to the
person on whose behalf the inspection was carried out.
(3) The report or a copy thereof prepared for the
purposes of paragraph (1) shall be kept at the site of the
place of work in respect of which the inspection was carr i e d
out and, after that work is completed, shall be retained at an
o ffice of the person on whose behalf the inspection was
c a rried out for a period of 3 months from the date of such
completion.
(4) A re p o rt pre p a red for the purposes of paragraph (1)
shall at all reasonable times be open to inspection by any
inspector; and the person keeping such re p o rt shall send to
any such inspector such extracts there f rom or copies there o f
as the inspector may from time to time require for the
purpose of the execution of his duties.

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December 1996

(5) No report is required to be pre p a red under

paragraph (1) in respect of any working platform or
a l t e rnative means of support from no part of which a person
is liable to fall more than 2 metre s .
(6) Nothing in this regulation shall re q u i re (a) a report to be pre p a red in respect of any mobile
tower scaffold unless it remains erected in the same
place for a period of 7 days or more ;

(6) (a) Reports of inspection of mobile tower scaffolds are

not re q u i red unless such towers remain in the same
place for 7 days or more .

(b) as regards an inspection carried out on a place of

work for the purposes of paragraph I (ii) of column 2
of Schedule 7, the preparation of more than one
report on that place within any period of 24 hours;
or

(b) Only one report in any 24 hours is required for the

inspections detailed in para. 1 (ii) of column 2 of
Schedule 7.

(c)

(c)

as re g a rds an inspection carried out on a place of

work for the purposes of paragraph 2(i) or 3(i) of
column 2 of Schedule 7, the preparation of more than
one re p o rt on that place within any period of 7 days.

Only one re p o rt in any seven days is re q u i red for the

inspections detailed in para.2(i) or 3(i) of column 2
of Schedule 7.

31. Exemption certificates

Official Text
(1) Subject to paragraph (2), the Executive may, by a
c e rtificate in writing, exempt -

Guidance
(1) Subject of para (2), the HSE may grant exemption
certificates.

(a) any person or class of person;

(b) any premises or class of premises; or
(c)

any plant and equipment,

f rom any re q u i rement or prohibition imposed by these

Regulations and any such exemption may be granted subject
to conditions and to a limit of time and may be revoked at
any time by a certificate in writing.
(2) The Executive shall not grant any such exemption
unless, having re g a rd to the circumstances of the case and in
p a rticular to -

(2) Exemptions will be granted only if the health and

safety of persons is not thereby pre j u d i c e d .

(a) the conditions, if any, which it proposes to attach to

the exemption; and
(b) any other re q u i rements imposed by or under any
enactments which apply to the case,
it is satisfied that the health and safety of persons who are
likely to be affected by the exemption will not be pre j u d i c e d
in consequence of it.

32. Extension outside Great Britain

Official Text
These Regulations shall apply to any activity to which
sections 1 to 59 and 80 to 82 of the Health and Safety at
Work etc. Act 1974 apply by virtue of article 8 of the Health
and Safety at Work etc. Act (Application outside Great
Britain) order 1995 other than the activities specified in subparagraphs (b), (c), (d) and (e) of that article as they apply to
any such activity in Great Britain.
December 1996

Guidance
These regulations apply to construction activities within
t e rritorial waters.

3 - 19

33. E n f o rcement in respect of fire

Official Text
(1) Subject to paragraph (2), the fire authority within the
meaning of section 43(1) of the Fire Precautions Act 1971
shall be the enforcing authority as re g a rds (a) regulations 19 and 20 insofar as those regulations
relate to fire; and

Guidance
(1) (2) In the case of a construction site within occupied
premises, the fire authority is normally the enforcing
authority in respect of emergency routes and exits,
emergency pro c e d u res, fire detection and fire fighting.
However, where the Fire Certificates (Special Premises)
Regulations 1976 apply (see p5-8), the HSE will be the
e n f o rcing authority.

(b) regulation 21,

in respect of a construction site which is contained within,
or forms part of premises which are occupied by persons
other than those carrying out the construction work or any
activity arising from such work.
(2) Paragraph (1) shall not apply in respect of any
p remises of a description specified in Part I of Schedule 1 to
the Fire Certificates (Special Premises) Regulations 1976.

F u rther guidance on these regulations is contained in the following HSE publications:

HS(G)150 Health and safety in construction.
IND(G)220L A guide to the Construction (Health, Safety and We l f a re) Regulations 1996.
C o n s t ruction Information Sheet No. 18 (revised) Provision of welfare facilities at fixed construction sites.
C o n s t ruction Information Sheet No. 46 Provision of welfare faciliites at transient construction sites.

3 - 20

June 1998

Left: Reg. 9(1): where any existing

building or structure is likely to be
affected by excavation work in the
vicinity, shoring or other support must
be provided to prevent its collapse.

Right: Reg. 12(2): In excavation,

tunnelling work, etc. where there is
risk of earth fall or collapse,
precautions must be taken to ensure
the safety of those engaged in
timbering, etc.

Regs. 9 and 10: during demolition work, overloading of

floors with debris, etc. must be avoided (Part of the floor
area is normally removed to permit the free fall of debris).

Reg. 12(6): edges of all excavations into which persons

might fall must be protected by guardrails or barriers. (A
spoil heap can be an effective barrier).

Reg. 14: if there is any risk of men drowning on a

construction site, rescue equipment (lifebuoys, lifelines,
boats, etc.) must be kept ready for immediate use.

Reg. 17(6): when tipping material from a vehicle into

excavations, measures must be taken to prevent the vehicle
from running over the edge.

December 1996

3 - 21

Schedule 1
R e q u i rements for guard-rails etc.
(See Regulations 6(2), 6(3)(a) and 8(2))
1. A guard-rail, toe-board, barrier or other similar means
of protection shall (a) be suitable and of sufficient strength and rigidity for
the purpose or purposes for which it is being used;
and
(b) be so placed, secured and used as to ensure, so far
as is reasonably practicable, that it does not become
accidentally displaced.
2. Any stru c t u re or any part of a stru c t u re which supports
a guard-rail, toe-board, barrier or other similar means of
p rotection or to which a guard-rail, toe-board, barrier or
other similar means of protection is attached shall be of
s u fficient strength and suitable for the purpose of such
s u p p o rt or attachment.
3. The main guard-rail or other similar means of
p rotection shall be at least 910 millimetres above the edge
from which any person is liable to fall.
4. There shall not be an unprotected gap exceeding 470
millimetres between any guard-rail, toe-board, barrier or
other similar means of pro t e c t i o n .
5. To e - b o a rds or other similar means of protection shall
not be less than 150 millimetres high.
6. Guard-rails, toe-boards, barriers and other similar
means of protection shall be so placed as to prevent, so far
as is practicable, the fall of any person, or any material or
object from any place of work.

Stability of working platform

4. A working platform shall (a) be suitable and of sufficient strength and rigidity for
the purpose or purposes for which it is intended to
be used or is being used; and
(b) be so erected and used as to ensure, so far as is
reasonably practicable, that it does not become
accidentally displaced so as to endanger any
person; and
(c)

when altered or modified, be so altered or modified

as to ensure that it remains stable; and

(d) be dismantled in such a way as to prevent

accidental displacement.
Safety on working platform s
5. Any working platform shall (a) be of sufficient dimensions to permit the free
passage of persons and the safe use of any
equipment or materials re q u i red to be used and to
p rovide, so far as is reasonably practicable, a safe
working area having re g a rd to the work there being
c a rried out; and
(b) without prejudice to paragraph (a), be not less than
600 millimetres wide; and
(c)

be so constructed that the surface of the working

p l a t f o rmhas no gap giving rise to the risk of injury
to any person or; where there is a risk of any person
below the platform being struck, through which any
material or object could fall; and

(d) be so erected and used, and maintained in such

condition, as to prevent, so far as is reasonably
practicable -

Schedule 2
R e q u i rements for working platforms
(See Regulations 6(2), 6(3)(b) and 8(2))
Interpretation
1. In this Schedule, supporting stru c t u re means any
s t ru c t u re used for the purpose of supporting a working
p l a t f o rmand includes any plant and equipment used for that
purpose.
Condition of surfaces
2. Any surface upon which any supporting stru c t u re re s t s
shall be stable, of sufficient strength and of suitable
composition safely to support the supporting stru c t u re, the
working platform and any load intended to be placed on the
working platform .
Stability of supporting structure
3. Any supporting stru c t u re shall (a) be suitable and of sufficient strength and rigidity for
the purpose or purposes for which it is being used;
and
(b) be so erected and, where necessary, securely
attached to another stru c t u re as to ensure that it is
stable; and
(c)

when altered or modified, be so altered or modified

as to ensure that it remains stable.

3 - 22

(i) the risk of slipping or tripping; or

(ii) any person being caught between the working
p l a t f o rm and any adjacent stru c t u re; and
(e) be provided with such handholds and footholds as
a re necessary to prevent, so far as is reasonably
practicable, any person slipping from or falling fro m
the working platform
Loading
6. A working platform and any supporting stru c t u re shall
not be loaded so as to give rise to a danger of collapse or to
any deformation which could affect its safe use.

Schedule 3
R e q u i rements for personal suspension equipment
(See Regulation 6(3)(c))
1. Personal suspension equipment shall be suitable and
of sufficient strength for the purpose or purposes for which it
is being used having re g a rd to the work being carried out
and the load, including any person, it is intended to bear.
2. Personal suspension equipment shall be secure l y
attached to a stru c t u re or to plant and the stru c t u re or plant
and the means of attachment thereto shall be suitable and of
s u fficient strength and stability for the purpose of

December 1996

supporting that equipment and the load, including any

person, it is intended to bear.
3. Suitable and sufficient steps shall be taken to pre v e n t
any person falling or slipping from personal suspension
equipment.

Schedule 6
Welfare facilities
(See Regulation 22)
Sanitary conveniences
1. Rooms containing sanitary conveniences shall be
adequately ventilated and lit.

4. Personal suspension equipment shall be installed or

attached in such a way as to prevent uncontrolled movement
of that equipment.

2. Sanitary conveniences and the rooms containing them

shall be kept in a clean and orderly condition.

Schedule 4

3. Separate rooms containing sanitary conveniences

shall be provided for men and women, except where and so
far as each convenience is in a separate room the door of
which is capable of being secured from the inside.

Requirements for means of arresting falls

(See Regulation 6(3)(d))
1. In this Schedule, equipment means any equipment
provided for the purpose of arresting the fall of any person
at work and includes any net or harness provided for that
purpose.
2. The equipment shall be suitable and of suff i c i e n t
strength to safely arrest the fall of any person who is liable to
fall.
3. The equipment shall be securely attached to a stru c t u re
or to plant and the stru c t u re or plant and the means of
attachment thereto shall be suitable and of sufficient strength
and stability for the purpose of safely supporting the
equipment and any person who is liable to fall.
4. Suitable and sufficient steps shall be taken to ensure ,
so far as practicable, that in the event of a fall by any person
the equipment does not itself cause injury to that person.

Washing facilities
4. Washing facilities shall be provided (a) in the immediate vicinity of every sanitary
convenience, whether or not provided elsewhere;
and
(b) in the vicinity of any changing rooms re q u i red by
paragraph (7) of regulation 22 whether or not
p rovided elsewhere .
5. Washing facilities shall include (a) a supply of clean hot and cold, or warm, water
(which shall be running water so far as is reasonably
practicable); and
(b) soap or other suitable means of cleaning; and
(c)

Schedule 5

towels or other suitable means of drying.

Requirements for ladders

(See Regulation 6(6))

6. Rooms containing washing facilities shall be

sufficiently ventilated and lit.

1. Any surface upon which a ladder rests shall be stable,

level and firm, of sufficient strength and of suitable
composition safely to support the ladder and any load
intended to be placed on it.

7. Washing facilities and the rooms containing them shall

be kept in a clean and orderly condition.

(a) be suitable and of sufficient strength for the purpose

or purposes for which it is being used;

8. Subject to paragraph 9 below, separate washing

facilities shall be provided for men and women, except
w h e re and so far as they are provided in a room the door of
which is capable of being secured from inside and the
facilities in each room are intended to be used by only one
person at a time.

(b) be so erected as to ensure that it does not become

displaced; and

9. Paragraph 8 above shall not apply to facilities which

a re provided for washing hands, fore a rms and face only

2. A ladder shall -

(c)

where it is of a length when used of 3 metres or

m o re, be secured to the extent that it is practicable to
do so and where it is not practicable to secure the
ladder a person shall be positioned at the foot of the
ladder to prevent it slipping at all times when it is
being used.

Drinking water
10. Every supply of drinking water shall be
conspicuously marked by an appropriate sign where
necessary for reasons of health and safety.

3. All ladders used as a means of access between places

of work shall be sufficiently secured so as to prevent the
ladder slipping or falling.

11. Where a supply of drinking water is provided, there

shall also be provided a sufficient number of suitable cups or
other drinking vessels unless the supply of drinking water is
in a jet from which persons can drink easily.

4. The top of any ladder used as a means of access to

another level shall, unless a suitable alternative handhold is
p rovided, extend to a sufficient height above the level to
which it gives access so as to provide a safe handhold.

Accommodation for clothing

12. Accommodation for clothing shall include or allow
for facilities for drying clothing.

5. Where a ladder or run of ladders rises a vertical

distance of 9 metres or more above its base, there shall,
w h e re practicable, be provided at suitable intervals
sufficient safe landing areas or rest platform s .

Facilities for changing clothing

13. The facilities for changing clothing shall be separate
facilities for, or separate use of facilities by, men and women
w h e re necessary for reasons of pro p r i e t y.

December 1996

3 - 23

Facilities for rest

14. Rest facilities shall (a) include rest facilities provided in one or more re s t
rooms or rest are a s ;
(b) include rest rooms or rest areas with suitable
a rrangements to protect non-smokers from
d i s c o m f o rtcaused by tobacco smoke;

(c)

w h e re necessary, include suitable facilities for any

person at work who is a pregnant woman or nursing
mother to re s t ;

(d) include suitable arrangements to ensure that meals

can be pre p a red and eaten; and
(e) include the means for boiling water.

Schedule 7
Places of work requiring inspection
(See Regulation 29(1))
Column 1
Place of Work

Column 2
Time of inspection

1. Any working platform or part thereof or any personal

suspension equipment provided pursuant to paragraphs
(3)(b) or (c) of regulation 6.

1. (i)

B e f o rebeing taken into use for the first time; and

(ii) after any substantial addition, dismantling or other

alteration; and
(iii) after any event likely to have affected its strength or
stability; and
(iv) at regular intervals not exceeding 7 days since the
last inspection.

2. Any excavation which is supported pursuant to

paragraphs (1), (2) or (3) of regulation 12.

2. (i) Before any person carries out work at the start of every
shift; and
(ii) after any event likely to have affected the strength or
stability of the excavation or any part thereof; and
(iii) after any accidental fall of rock or earth or other
material.

3. Coff e rdams and caissons.

3. (i) Before any person carries out work at the start of every
shift; and
(ii) after any event likely to have affected the strength or
stability of the coff e rdam or caisson or any part
thereof

Schedule 8
P a rticulars to be included in a re p o rt of inspection
(See Regulation 30)
1. Name and address of person on whose behalf the
inspection was carried out.
2. Location of the place of work inspected.
3. Description of the place of work or part of that place
inspected (including any plant and equipment and materials,
if any).

3 - 24

4. Date and time of inspection.

5. Details of any matter identified that could give rise to a
risk to the health or safety of any person.
6. Details of any action taken as a result of any matter
identified in paragraph 5 above.
7. Details of any further action considered necessary.
8. Name and position of person making re p o rt .

June 1998