Safety, Health and Welfare at Work (Construction) Regulations 2013
Our interpretation of the above will mean domestic projects, which have commenced, and proceed for a period of more than 12 months, we assume that 12 month period is after 1 August 2013, then the client will have to make the appointments after that period of time. For a domestic project for which a design commenced prior to 1 August 2013, but either due to planning delays, funding or other difficulties, continues beyond 1 August 2014, a domestic client will be obliged to appoint a Project Supervisor Design Process (PSDP), and a Project Supervisor Construction Stage (PSCS) at construction stage.
Statutory Instrument No. 291 of 2013 sets out the legislation. All previous legislation has been revoked and S.I. 291 of 2013 replaces the following:
S.I. No 504 of 2066; S.I. No. 130 of 2008; S.I. No. 423 of 2008; S.I. No. 523 of 2010; S.I. No. 461 of 2012; S.I. No. 481 of 2012; S.I. No. 182 of 2013.
There is a significant change to the Construction Safety Regulations and the way the regulations will affect domestic clients and their architects. Up to now domestic clients (clients commissioning works in their own home) did not have to appoint Project Supervisors, or notify their projects to the Health and Safety Authority (HSA).
From 1 August 2013 onwards, all client must appoint a Project Supervisor for the Design Stage (PSDP) and for the Construction Stage (PCS) of a construction project and notify the HAS that the project is starting. This applies to nearly all projects involving an architect; except for those projects which are small, uncomplicated and almost risk-free.
The explanatory note contained within the S.I. state:
“These Regulations apply to all construction projects including the alterations. Decoration, maintenance and repair of buildings and installation, maintenance and the removal of mechanical and other fixed systems within or to structures. They place obligation on the clients and designers to ensure that safety and health is taken into account before any construction work begins.”
The definition of a Client: “client” means a person for whom a project is carried out.
Part 1 Interpretation and General States:
“Citation and Commencement”
1.(1) The Regulations may be cited as the Safety, Health and Welfare at Work (Construction) Regulations 2013.
(2) If, prior to the making of these regulations,
(a) a design process for a domestic dwelling, not related to trade, business or undertaking, has commenced, or
(b) construction stage for a domestic dwelling, not related to trade, business or undertaking has commenced, duties of the client in relation to the appointment of a project supervisor for the design process and appointment of a project supervisor for the construction stage shall not apply for a period of 12 months.”