The next step

http www hse gov uk foi internalops sectors construction 021101 htm

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HSE targeting construction welfare standards

Scrub up

Along with the big risks, such as working at height and asbestos, the HSE has decided that construction site welfare facilities are a major concern. This is because many site managers don’t provide any toilet facilities at all, and even when they are available, they’re often lacking in hand washing facilities etc. It’s been evident for several years that the HSE had decided enough was enough. What was less clear was the type of enforcement action its inspectors were instructed to carry out.

Standards

The requirements for these facilities are set out in Schedule 2 of the Construction (Design and Management) Regulations (CDM) 2007. There are more detailed expectations than you might think, including:

• a sufficient number of toilets
• changing rooms if the workers need to change into special work clothes
• drying facilities
• washing facilities close to toilets and changing rooms, with hot, cold or warm water, soap and towels
• showers where required due to the nature of the work or for health reasons
• lockers, where necessary
• a supply of drinking water with cups, unless it’s a drinking fountain
• a rest area with tables, seating, facilities to prepare meals and a means of boiling water
• all of the above rooms to be accessible, kept clean, sufficiently ventilated and lit.

Tip 1. The duty to make sure that welfare facilities are provided in accordance with this list extends to all contractors in respect of their own workers, not just the main contractor.

Tip 2. Even the client of the project has to take “reasonable steps” to ensure that Schedule 2 is complied with, and for projects lasting more than 30 days, they must make sure that construction does not start until the facilities are in place.

Enforcement response

In the spirit of openness the HSE increasingly publishes papers which spell out how its inpsectors should deal with contraventions. The latest one is SIM 02/2011/01 Provision of welfare facilities during construction work (see The next step). This document clarifies the basic expectations for compliance and describes the types of penalty that you can expect if you fail to toe the line:

• in the absence of one of the listed requirements, or if there is inadequate provision, you can expect an improvement notice. The inspector has the freedom to give a warning instead but is told that a prohibition notice is not regarded as appropriate.
• the only time that you appear to be at risk of prosecution is if you’ve been warned before.
• inspectors are specifically reminded to pin responsibility on larger clients where there are serious deficiencies, e.g. no welfare facilities whatsoever.

For a copy of SIM 02/2011/01, visit http://healthandsafety.indicator.co.uk (HS 09.21.07).