Civil Engineering Reference
In-Depth Information
Third, the principal contractor is obliged to ensure that such workers or their
representatives can inspect and take copies of any information which the principal
contractor has which relate to the planning and management of the project, or which
otherwise may affect their health, safety or welfare. In this regard, qualifications do
exist in relation to certain matters, see regulation 24(c)(i)-(v).
20.4.19 Part 4 Health and safety on construction sites
Part 4 of the Regulations sets out duties relating to health and safety on construc-
tion sites. It deals with a wide range of matters, namely, safe places of work; good
order and site security; stability of structures; demolition and dismantling; use of
explosives; excavations; cofferdams and caissons; reports of inspections; energy dis-
tribution installations; prevention of drowning; traffic routes; vehicles; prevention of
risk from fire; emergency procedures; emergency routes and exits; fire detection and
fire fighting; fresh air; temperature and weather protection; and lighting. A detailed
consideration of Part 4 is outwith the scope of this topic.
20.4.20 Civil liability
The position in relation to civil liability is regulated by Part 5 of the 2007 Regulations
and, in particular, by regulation 45.
The position has changed, somewhat, from that which subsisted under the 1994
Regulations.Inthose,onlyregulation10(startofconstructionphase)andregulation
16(1) (requirements on principal contractor) could confer a right of action.
Of the 2007 Regulations, the obligations imposed by regulations 9(1)(b); 13(6)
and (7); 16; 21(1)(c) and (l); 25(1), (2) and (4); 26 to 44; and Schedule 2 can confer
a right of action in civil proceedings, insofar as the relevant duties apply for the
protection of a person who is not an employee of the person on whom the duty is
placed.
20.5 heSBCandtheSBC/DBprovisions
Under clause 2.1 of both the SBC and the SBC/DB, the Contractor is under an obli-
gation to carry out and complete the Works in compliance with the Contract Doc-
uments, the Construction Phase Plan and the Statutory Requirements in relation to
the Works. Implicitly, this will include all health and safety legislation insofar as it is
relevant to the work.
Each party to the contract is required, under clause 3.23 of the SBC and clause 3.16
of the SBC/DB, to comply with the 2007 Regulations. This includes clause 3.23.2.1 of
the SBC and clause 3.16.3.1 of the SBC/DB, under which the Contractor is obliged,
while they remain Principal Contractor, to ensure that the Construction Phase Plan
is received by the Employer before construction work is commenced and that any
