Information Sheet 63

CLIENT RESPONSIBILITIES UNDER THE SAFETY, HEALTH AND WELFARE AT WORK (CONSTRUCTION) REGULATIONS 2013:

Under the Safety, Health and Welfare at Work (Construction) Regulations 2013, you, the Client, have certain legal responsibilities in relation to Health and Safety for the project. By law, you have to carry out the following:

Determine the competency of people doing paid design or construction work for you:

Anybody you use to carry out design or construction work must be competent to carry out that work and they must allocate enough resources to make sure that the work can be carried out in a safe manner. It is up to your designer or contractor to demonstrate their competency to you. To assist you in assessing competency the HSA Guide for Homeowners includes a Checklist in Appendix 1.

Appoint project supervisors for the Design and Construction stages of the project:

You must appoint project supervisors if there is more than one contractor involved in the work, where there is a particular risk (e.g. works that put a person at risk of falling from height), or where the work is going to last more than 30 days or more than 500 person days.

You must appoint the project supervisors, in writing, at the start of the design process (Project Supervisor Design Process) and at the start of the construction stage (Project Supervisor Construction Stage). The project supervisors must confirm their appointments to you in writing.

Please note that until you receive such written confirmation you will be deemed to be acting as Project Supervisor Design Process and Project Supervisor Construction Stage for the project.

The Regulations allow you to be self-appointed as a Project Supervisor, if you are competent to undertake the duties involved however, in most cases the Project Supervisor Design Process (PSDP) will be your Architect or Engineer while the role of Project Supervisor Construction Stage (PSCS) would usually be taken by the Main Contractor for the project.

Co-operation with Project Supervisors

Under the Regulations you have an obligation to co-operate with the Project Supervisors, in particular in relation to allowing adequate time for the completion of the project and by providing information to enable the relevant Project Supervisor to comply with the Regulations. The information required to be submitted by you to the Project Supervisors can include, where relevant:

A copy of the existing Safety File / Site survey / Asbestos Survey / Archaeological Investigation / Structural Survey / Details of Utilities both internal and external / Dilapidations Report / Roads and Site Access / Environmental Impact Statement / Roof Reports / Local Knowledge

Safety and Health Plan

The PSDP will prepare an initial Safety and Health Plan for the project which will be included in the tender package and passed on to the PSCS when they are appointed.

Keep the safety file

During the project the PSDP will prepare a safety file which will contain information needed to safely maintain the building and information needed to carry out future works on the building. The PSDP will hand over the Safety File to you at the end of the works. You are required to keep this file and to give it to anybody carrying out future works on the building and to pass it on to any new owner.

Inform the Health and Safety Authority (HSA)

Where the project is expected to last more than 30 days or 500 person days or where there is a particular risk, then you must fill in an Approved Form (AF 1) and lodge it with the HSA by registered post or by email. Please note that this form must be lodged at the commencement of a project, i.e. before the design process begins.

Please note that legislation allows you to delegate your responsibility in this regard.

The above is a summary of your responsibilities as Client and we would strongly recommend that you read the Health and Safety Authorities Guide for Homeowners for further guidance. The guide is available on the HSA website www.hsa.ie. Should you have any queries please feel free to contact this office or the HSA on 1890 289 389.