22 February 2017
Summary
In early February 2017, the Health and Safety Inspectorate (HSI) carried out a targeted initiative of a cross section of property managers to raise awareness of their legal obligations, as a commercial client under the 'Health and Safety (Management in Construction) (Jersey) Regulations 2016' (Construction Regulations).
Whilst there was generally a reasonable understanding of the Construction Regulations and the roles and responsibilities of a commercial client amongst those visited, there was, on occasion, a lack of appreciation of how these responsibilities should be discharged, particularly in respect of the assessment of competence of contractors and the provision of relevant pre-construction information.
A circular letter summarising the legal requirements and findings of the initiative, together with general advice on the Construction Regulations, is to be sent to the wider members of the industry sector who may not have received a visit.
Background
A client has a major influence over the way construction work, which includes repair and maintenance, is procured and managed, through the appointment of competent contractors and determining that adequate finances, time and other resources are available.
Many property managers fall within the definition of a commercial client, so this initiative was designed to review their level of awareness and understanding of their legal responsibilities in this respect.
Legal Requirements
Under the Construction Regulations a client is defined as somebody for whom a construction project is carried out and as such have specific duties under Regulation 7 of the Construction Regulations. Although the client is not required to take an active role in managing the work on site, they must satisfy themselves that suitable arrangements are in place to ensure the project is properly managed. These arrangements should be proportionate to the projects scale, complexity and inherent risks.
For all projects, commercial clients must:
- ensure that all people appointed to work are competent, i.e. have the necessary skills, knowledge and experience to carry out the work safely, and have the necessary resources to do so. This may include reviewing individual qualifications, accredited membership of established professional organisations, experience of similar work etc.
- ensure there are suitable arrangements in place for the management of health, safety and welfare during the project. For example, ensuring the roles and responsibilities are clearly set out and that there are effective mechanisms for communication and cooperation
- ensure a realistic time frame and budget is allocated for each stage of the work
- provide relevant pre-construction information to all contractors. This may include an asbestos management plan or utility plans for the property
For minor projects, i.e. when more than one contractor is involved with the work, the client must also appoint in writing a principle contractor and ensure a construction phase plan, prepared by the principle contractor is in place before the work starts.
Additional duties are imposed on the client if the work is a major project, i.e. will last more than 30 working days or involve more than 500 person days. These duties are set out in the Construction Regulations and include the appointment in writing of a Health and Safety Project Coordinator (HSPC).
Findings of the initiative
The initiative identified the following:
- the majority of property managers visited had a reasonable knowledge of the Construction Regulations, the requirements of Regulation 7 and how they applied to their role. During some visits, clarification that property managers were considered commercial clients and responsible for their legal duties under the new Regulations was necessary
- the majority of property managers visited advised that the work they arranged was mostly of short duration and fell into the category of a minor project. Companies who had managed major projects had appointed HSPC’s and project managers
- many property managers visited used preferred contractors. It was identified further assessments were required to ensure all contractors appointed to carry out any work were competent to do so. Competence is a combination of training, skills, experience and knowledge that a person has with an ability to apply them to perform a task safely
- in some cases additional relevant pre-construction information should have been provided by property managers to contractors. This information must have an appropriate level of detail and be proportionate to the risks involved. An example used was the provision of an asbestos management plan to contractors who may disturb asbestos containing materials during their work. 'The Management of Exposure to Asbestos in Workplace Buildings and Structures, Approved Code of Practice' (Asbestos ACoP) details the legal duties of property managers in ensuring that an asbestos management plan is prepared for the areas under their control
Further guidance
In association with the HSI, the Jersey Safety Council (JSC) has been raising awareness of the Construction Regulations by holding seminars and providing tailored training for a number of duty holders under the Construction Regulations.
The JSC is providing a half day training course, specific to the role of commercial client on the 30 March 2017 (morning or afternoon). Information and how to register for this training can be found at www.jsc.je.
Information on half day course for Commercial clients
Management in Construction (Jersey) Regulations 2016
Exposure to asbestos in the workplace (ACoP)
gov.je