The Main Health, Safety, and Welfare Legislation in Construction - Coursework Example

THE MAIN HEALTH, SAFETY, AND WELFARE LEGISLATION IN CONSTRUCTION By Student’s Name Code + Course Name Professor University City/State Date The Main Health, Safety, and Welfare Legislation in Construction Introduction Several laws and regulations govern the construction industry in the United Kingdom. These laws seek to protect the lives, as well as property of its citizens. The history of the health, safety, and welfare laws dates as far as the early days of industrialization. The successful implementation these laws have seen the number of injury and reduce significantly over the last twenty years (Health and Safety Report on Great Britain 2014, p.1). Despite the major achievements, statistics from a report on Health and Safety in Great Britain (2014, p. 2) reveal that although there has been a substantial decrease in rates of injuries over the past 40 years, still 31% of fatal injuries are attributed the construction industry. It is such statistics that necessitates that all stakeholders familiarize themselves with the main health, safety, and welfare regulations in construction. In relation to the Swansea re-development project, this work identifies the Construction (Design and Management) Regulations 2007 (CDM), The Control of substances hazardous to health regulations 2002 (COSHH), Control of Noise at Work Regulations 2005 CNW as some of the main health, safety and welfare legislation in construction. Construction in the context of Health Safety Executive (HSE) and Notification According to the Department for Business Innovation and Skills (2013, p.1), construction is one of the most important sectors of the UK economy. It contributes approximately ninety million pounds to the economy and offers employment to 2.93 million people (Department for Business, Innovation and Skills 2013, p.2). These statistics demonstrate that such a vital sector needs to be governed by laws that seek to protect both human lives and property. The construction industry as defined by Standard Industrial Classification of Economic Activities 2007 includes the construction of buildings, civil engineering, and specialized construction activities. Consequently, construction works not only refer to construction of new building but also involves works such as civil engineering, repairs, demolition, remodeling among others. Based on these definitions, it is correct to refer to the Swansea High Street: Facade Retention and construction of new offices as a construction work and thus bound by the rules and regulations as stipulated by the health, safety, and laws. An overview of the area as depicted by the photographs reveals that different construction works will have to be undertaken to remodel and construct new offices. To begin with, the law states that the Health Safety Executive (HSE) ought to be notified before any construction activities begin. However, the law acknowledges that it may be cumbersome to report every form of construction and therefore provides the following reprieve. The proposed renovation of the Swansea area will take more than thirty days and is likely to involve more than five hundred person days of construction. Therefore, according to the regulations HSE will have to be notified. However, if the construction takes less than thirty days and involves less than five hundred person days, there is no need to notify HSE (Health and Safety in Great Britain 2014 p.1). Construction (Design and Management) Regulations 2007 (CDM) CDM is one of the pieces of legislation that governs the construction industry. This law has been amended twice since its inception. Previously, in 1994 this law was referred to as the construction (Design and management) Regulation 1994 and in 1996 it was once again amended to become the construction, safety and welfare regulations. Despite the changes over the years, the spirit of the law has remained the same to protect the lives and promote the welfare of the people working in the construction industry. CDM2007 is a five-part law that addresses the different health, safety, and welfare concerns of every stakeholder in the construction industry. HSE notes that the main aim of the law is to integrate health and safety into construction project management as well as to foster unity of work among all stakeholders. The law also seeks to increase efficiency in the sector by reducing unnecessary bureaucracy. Projects that take longer than 30 days and involve more than 500 person days ought to be reported to the HSE under CDM2007. The Swansea High Street Redevelopment is undoubtedly a big project; thus, the HSE must be notified about it. In regards to demolition and façade retention, CDM2007 advises that that all persons involved in project must play their part with respect to health and safety. This means that it is the responsibility of everyone involved in the Swansea project to observe the health and safety regulations under CDM 2007. The law recognizes that demolitions and structural alterations are risky activities; it also acknowledges that the exercise is as complex as it is technical therefore, health and safety is of paramount importance. Therefore, the Swansea project team must conduct the relevant assessments before embarking on demolition of the buildings. It is assumed that in the course of Swansea redevelopment, some of the construction activities that are likely to be performed include demolition, dismantling, and structural alterations. Besides notifying the HSE, the Swansea project management team is expected to have a comprehensive health and safety plans. This is a two part plan that looks at the safety requirements of the design and construction phase of the building. Hislop (2009, p. 64) notes that safety plans are important because they help eliminate or control hazards associated with construction. He further points out that safety plans are helps the persons in charge to identify flaws and risky activities well in advance. Secondly the regulation expects that the Swansea project client, designer, planning supervisor and principal contractor to take full responsibility for their actions by fulfilling their duties as stipulated. Lastly, the Swansea project team will be required to appoint a CDM coordinator. The Control of Substances Hazardous To Health Regulations 2002 (COSHH) Construction workers are exposed to numerous potentially harmful substances. COSHH was formulated to help these workers control the amount hazardous substances that they come into contact with. For instance, asbestos is a common material associated with many construction materials. This material was commonly found in products such as ceiling tiles, boilers, and pipe insulation (Asbestos Para. 2) Most of the buildings in the Swansea project appear to have been built before the year 2000, when asbestos was extensively used. Therefore, during the demolitions exposure to asbestos is likely to be one of the hazards the construction workers are likely to encounter. During demolitions and other construction activities the workers are likely to be exposed to high levels of airborne asbestos fibers. Tweedy (2015, p.170) points out that asbestos can still be encountered in renovation projects such as the Swansea. To control this risk, regulations under COSHH stipulate seven mandatory steps that must be conducted for any construction work. This piece of legislation requires that the persons responsible should do the following activities in accordance with the law. Assessment of the health risks arising from hazardous substances found within their workplace. On completion of the assessment, the project management team is expected to decide on the necessary precautions that are required. The management team is also expected to put in place measures that prevent of control exposure to hazardous substances. COSHH regulations also demand that the there is constant monitoring of hazardous substances as necessary. The regulation also states that appropriate health surveillance should be conducted if it was recommended during assessment stage or where the law has set specifications. In addition, the management team is expected to prepare plans and procedures that clearly explain how it expects to deal with accidents, injuries, and exposure to hazardous substances. Lastly, the law expects that the all employees are well trained and supervised. Control of Noise at Work Regulations 2005 CNW Hearing loss occurs gradually and one of the causes is prolonged exposure to high noise levels. Health and Safety Executive (2006, p.3) notes that hearing loss especially because of high levels of exposure during work is preventable if all employers take deliberate actions such as providing hearing protection gears to their employees. In the construction industry, noise in inevitable. Thus, high noise levels is one of the hazards that the workers are likely to encounter in the course of implementing the Swansea project. Reece and Eidson (2014, p.433) defines construction noise as any noise that is a result of activities at a construction site. At the Swansea site, demolition work, operation of vehicles, pouring of concrete are all activities that are expected to produce a lot of noise. CNW proposes a set of regulations that impose limits of the levels of noise. This law sets an upper exposure limit of 85dB and a peak sound pressure of 137dB (Ramsey & Tellford 2009, p.508). According to a HSE report (2014), this law caps the daily noise exposure at 87db and 140dB for peak noise. Even when wearing hearing protection, the limits still apply. Lastly, in instances where the noise poses a risk to health the law sets a specific requirement that health surveillance should be provided. Since the Swansea project will inevitably be noisy, CNW laws state that it is the duty of all persons responsible to ensure that the risk of excessive is reduced or eliminated. To do so, the regulation provides guidance to all the stakeholders on how to achieve this. Some of the suggestions provided by the law include consider using alternative processes or equipment that produce less noise. The regulation also urges the employers to allow their employees some time away from the noise among many other suggestions. Regulation seven under CNW emphasizes that it is the duty of the employer to take all reasonable measures to protect all their employees from excessive exposure to noise. During the redevelopment of the Swansea site, the contractors are expected to ensure that they have provided their employees with additional protection beyond what is prescribed under regulation six. Conclusion The need for comprehensive laws that govern the construction industry cannot be overemphasized. Over the years, the UK government has come up with different laws that have sought to protect the construction workers from hazardous materials, events, and activities. The implementation of the three laws discussed has seen the number of fatalities; injuries and accidents reduce significantly over the past two decades. The achievements made are as a result of cooperation between the state and the stakeholders in the construction industry. The above discussed regulations have covered the some of the most key areas that are likely to have a huge impact on the health and safety of the construction workers working on the Swansea redevelopment project. The CDM2007 laws have explained which projects need to be brought to the attention of HSE as well as other legal expectations before the project commences. COSHH and CNW have focused on the health aspects and safety needs of the construction workers as they embark on the project. References Department of Business Innovation and Skills 2013, UK Construction: An economic analysis of the sector, Available: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/210060/bis-13-958-uk-construction-an-economic-analysis-of-sector.pdf. Last accessed 22 Jan 2015. Health Safety Executive 2006, L108 Managing health and safety in construction Construction (Design and Management) Regulations 2007 Approved Code of Practice, HSE, United Kingdom Health Safety Executive 2006, HSG150 Health and Safety in Construction, HSE, United Kingdom Health Safety Executive 2014, Health and Safety in Construction in Great Britain, HSE, United Kingdom Health and Safety Executive, Asbestos - Cancer and Construction - Managing Occupational Health Risks in Construction, HSE: Information About Health and Safety at Work, Accessed January 22, 2015. http://www.hse.gov.uk/construction/healthrisks/cancer-and-construction/asbestos.htm. Health and Safety Executive 2006, The Control of Noise at Work Regulations 2005 Guidance on Regulations, 2nd ed. HSE, United Kingdom Hislop, R D 2009, Construction Site Safety: A Guide for Managing Contractors, Lewis Publishers, Boca Raton. Reese, CD & Eidson J 2006, Handbook of OSHA Construction Safety and Health, Second Edition, CRC Press/Taylor and Francis, Boca Raton Standard Industrial Classification of Economic Activities 2007, Available http://www.businessballs.com/freespecialresources/SIC-2007-explanation.pdf:. Last accessed 22 Jan 2015. Tweedy, J T. 2014, Healthcare Hazard Control and Safety Management, CRC Press/Taylor and Francis, Boca Raton Read More