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Associated Regulations

The following are useful references to regulations that are associated with CDM 2007 or will have an impact on the design, construction and use of buildings. The list is not exhaustive, and there are many other references contained within the documents.

The Workplace (Health, Safety and Welfare) Regulations 1992

The Workplace (Health, Safety and Welfare) Regulations 1992 cover a wide range of basic health, safety and welfare issues and apply to most workplaces (with the exception of those workplaces involving construction work on construction sites, those in or on a ship, or those below ground at a mine). They are amended by the Quarries Regulations 1999, the Health and Safety (Miscellaneous Amendments) Regulations 2002, the Work at Height Regulations 2005, and the Construction (Design and Management) Regulations 2007.

Clients who commence construction projects have a duty to ensure that designers take into account the Workplace Regulations when designing a workplace

‘Workplace’ - these Regulations apply to a very wide range of workplaces, not only factories, shops and offices but also, for example, schools, hospitals, hotels and places of entertainment. The term workplace also includes the common parts of shared buildings, private roads and paths on industrial estates and business parks, and temporary worksites (except workplaces involving construction work on construction sites).

Regulations 1 and 2 of the Workplace (Health, Safety and Welfare) Regulations 1992 (or Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993) define workplace as 'any premises or part of premises which are not domestic premises and are made available to any person as a place of work, and includes any place within the premises to which such a person has access while at work; any room, lobby, corridor, staircase, road or other place used as a means of access to or egress from the workplace or where facilities are provided for use in connection with the workplace other than a public road'.

Premises can mean any place, including an outdoor place such as a car park, or courtyard.

HSE guidance is available by clicking here

 

Management of Health and Safety at Work Regulations 1999

These Regulations originally came into force at the beginning of 1993 and were subsequently revised in 1999. They are designed to identify certain provisions related to the management of health and safety required by, but not specified in, the Health and Safety at Work Etc Act 1974.

The Management of Health and Safety at Work Regulations 1999 place a duty on employers to assess and manage risks to their employees and others arising from work activities.

Employers must also make arrangements to ensure the health and safety of the workplace, including making arrangements for emergencies, adequate information and training for employees and for health surveillance where appropriate.

Employees must work safely in accordance with their training and instructions given to them. Employees must also notify the employer or the person responsible for health and safety of any serious or immediate danger to health and safety or any shortcoming in health and safety arrangements.

The regulations are available by clicking here

Having consulted in accordance with section 16 of the Health and Safety at Work etc Act 1974 the Health and Safety Executive (HSE) withdrew the ‘Management of health and safety at work’ (L21), Management of Health and Safety at Work Regulations 1999, Approved Code of Practice and guidance on the 31 July 2013.

The HSE replaced the ACOP with what they describe as structured, web-based guidance including:

 

Building Regulations

Some (but not all) of the issues referred to in The Workplace (Health, Safety and Welfare) Regulations 1992 also are addressed in the Building Regulations. You can access the Building Regulations by clicking on the links below:

England and Wales

Scotland (Domestic)

Scotland (Non-domestic)

Northern Ireland

 

Asbestos

The Control of Asbestos Regulations 2012 came into force on 6 April 2012, updating previous asbestos regulations to take account of the European Commission's view that the UK had not fully implemented the EU Directive on exposure to asbestos (Directive 2009/148/EC).

Surveys – the requirements were updated in 2010. Existing surveys (Types 1, 2 and 3) may now be inadequate, even for condition appraisal and sampling work.

Asbestos-containing materials (ACM) are either known to contain asbestos, or presumed to contain asbestos.

Types of survey

The duty-holder, building owner, employer and surveyor need to be clear on the type of survey needed, where the survey is needed, and what records should result.

There are two types of survey for ACM (Which replace the former Types 1, 2 and 3).

Management survey

A Management Survey aims to ensure that:

The Survey must locate ACM that could be damaged or disturbed by normal activities, by foreseeable maintenance, or by installing new equipment. It involves minor intrusion and minor asbestos disturbance to make a Materials Assessment.

Refurbishment / demolition survey

The Refurbishment / demolition Survey is required where the premises, or part of it, need upgrading, refurbishment or demolition. The Survey does not need a record of the ACM condition. A Refurbishment / demolition Survey aims to ensure that:

The Survey must locate and identify all ACM before any structural work begins at a stated location or on stated equipment at the premises. It involves destructive inspection and asbestos disturbance. The area surveyed must be vacated and certified 'fit for reoccupation' after the survey.

HSE guidance is available by clicking here

 

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