When do I need to appoint a PSDP or PSCS?
The Safety, Health and Welfare at Work (Construction) Regulations 2013 set out the legal duties of the client in regard to Safety, Health and Welfare during a project involving construction work. Details are contained in S.I. No. 291 of 2013, and amendments there since.
A “Client” meaning a person for whom a project (see definition of below) is carried out. The Client is the person or company, with the controlling interest in the project.
A ‘project’ means an activity which includes or is intended to include construction work (see below definition).
The Client Duties can be summarised as follows:
- Notify the Health and Safety Authority in the form of an AF1 of works and appointments, prior to the start of the design process.
- Appoint a Project Supervisor Design Process, where required, prior to the start of the design process and satisfy themselves that they are competent and adequately resourced to fulfill the duties.
- Appoint a Project Supervisor Construction Stage, where required, prior to the start of the Construction Stage and satisfy themselves that they are competent and adequately resourced to fulfill the duties.
- The above appointments must be in writing and the duty holders must confirm acceptance in writing.
- Appoint Designers that are competent and adequately resourced.
- Appoint Contractors that are competent and adequately resourced.
- Provide or arrange to have provided a preliminary plan at tender stage.
- Make available any existing safety file, retain and maintain the safety file at the end of the project.
- Cooperate with the PSDP and the PSCS. (see definitions below)
- Notify the Health and Safety Authority of works and appointments, as required.
The client is required to notify the HSA of any construction work which will last longer than 30 working days or the volume of work is scheduled to exceed 500 person days, using the approved AF2 form.
What is considered ‘Construction Work’?
Construction Work, under these regulations, means the carrying out of any building,civil engineering or engineering work, other than drilling and extraction in the extractive industries, and includes but is not limited to each of the following:
- the doing of one or more of the following with respect to a structure: (i) construction; (ii) alteration; (iii) conversion; (iv) fitting out; (v) commissioning; (vi) renovation; (vii) repair; (viii) upkeep; (ix) de-commissioning, demolition or dismantling; (x) redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure or the use of substances or preparations classified as corrosive or toxic);
- the preparation for an intended structure, including but not limited to site clearance, exploration, investigation (but not site survey) and excavation, and the laying or installing of the foundations of an intended structure;
- the assembly of prefabricated elements to form a structure, or the disassembly of prefabricated elements which, immediately before such disassembly, formed a structure;
- the removal of a structure or part of a structure or of any product or waste resulting from demolition or dismantling of a structure or disassembly of prefabricated elements which, immediately before such disassembly, formed a structure;
- the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunication and computer systems, or similar services which are normally fixed within or to a structure;
So if you intend to carry out any of the above type of defined construction works, you will need to appoint a Project Supervisor Design Process (PSDP) prior to the commencement of any design works, and you will need to appoint a competent Project Supervisor Construction Stage (PSCS) prior to the commencement of any construction works on site.
You can learn more about What is a PSDP - Project Supervisor Design Process? in one of our previous Journal Posts
You can learn more about Project Supervisor Construction Stage and other legal roles you might need to appoint in our Journal Posts
Remember - It is the responsibility of the client to familiarise themselves with their responsibilities, duties and actions required as their role of client under the current regulations. Breach of duty under the SHWW (Construction) Regulations can give rise to both civil and criminal consequences!