Construction Law Tips: Defining Your 'Project' For The Purposes Of The Safety, Health And Welfare At Work (Construction) Regulations 2013

• Published date: 04 April 2024
• Law Firm: Arthur Cox
• Author: Ms Maeve Crockett

What's in a name:

DEFINING YOUR 'PROJECT' FOR THE PURPOSES OF THE SAFETY, HEALTH AND WELFARE AT WORK (CONSTRUCTION) REGULATIONS 2013.

Under the Safety, Health and Welfare at Work (Construction) Regulations (the "Construction Regulations") a 'Client' commissioning construction work is obliged to appoint certain construction duty holders.

UNDER the Construction Regulations a 'Client' means a person for whom a project is carried out. A 'project' means an activity which includes or is intended to include construction work. 'Construction' for the purposes of the Construction Regulations is very broadly defined and includes: repair, redecoration, fitting out, maintenance of a structure, and alteration, as well as civil engineering and engineering construction work. Project supervisors (project supervisor for the design process and project supervisor for the construction stage) are to be appointed in respect of a 'project'."

Project Supervisor Construction Stage

The role of the project supervisor construction stage ("PSCS") (as one such construction duty holder to be appointed by the Client under the Construction Regulations) is well established in Ireland. The role of the PSCS is to manage and co-ordinate health and safety matters during the construction stage of a project. In light of that role, the PSCS is appointed before construction work commences and remains in place until all construction work on a project is completed.

On each project, the PSCS is charged with developing a construction stage Safety and Health Plan. The plan provides a roadmap for the co-ordination and management of health and safety during construction and...