Public Consultation Begins On New Draft Construction H&S Regulations

A public consultation has started on new draft construction health and safety regulations, aimed at providing a substantial reduction in the burden of compliance.

The draft Safety, Health and Welfare at Work (Construction) Regulations 2013 are published today, and submissions are sought from all interested parties in advance of 14th December 2012.

The intention is that the new Regulations will be finalised, drafted and signed in advance of 1st June 2013.

Among the changes which are proposed by the draft regulations are:

•Simplify and consolidate construction safety legislation by consolidating 6 pieces of legislation

•Reduce regulatory burden on people having building works carried out and on the construction industry by removing many short, low-risk construction activities from the regulatory requirements of the Construction Regulations

•Reduce administrative burden on people having building works carried out and on the construction industry by reducing the obligation to create/maintain records


Also announced is the signing of the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2012, which will mean that with effect from 1st June 2013, domestic homeowners will come within the definition of ‘client’ for the purposes of the workplace health and safety Construction Regulations.

This change is taking effect in order to combat fatalities and serious injuries on domestic construction sites, comply with our obligations under European law and avoid substantial fines for the taxpayer, and reduce activity in the shadow economy. It will mean that additional health and safety duties will from 1st June 2013 arise for domestic homeowners when certain types of construction works are carried out in their homes

Martin O'Halloran, CEO of the Health and Safety Authority, said: "In the past three years there have been 11 fatalities in construction on domestic dwellings in Ireland. There have also been large numbers of serious injuries to workers on construction sites on domestic dwellings. By extending the health and safety provisions of the construction regulations to include some works being carried out on domestic houses, I am convinced that we can contribute to a reduction in this number.

"These amendments will result in changes for homeowners seeking to have construction work carried out on their domestic dwellings. Amending the main Construction Regulations in advance of implementation of this change will strike the right balance between assisting homeowners to comply and encouraging safety improvement on domestic construction sites.

"The HSA will provide advice, guidance and template documents for homeowners affected by these changes, prior to the regulations coming into force. Initial draft versions of proposed regulations and guidance are available on the HSA website on the consultation page. Further information on the consultation process will be available from the Authority."

(CD)