Kelleher moves to reduce the regulatory burden regarding health and safety at roadworks

Minister for Labour Affairs, Billy Kelleher, TD, has today (31^st October 2008) signed new Safety, Health and Welfare at Work (Construction)(Amendment)(No.2) Regulations 2008.

These Regulations are being made to:

-clarify certain issues relating to the Health and Safety code governing roadworks, and

-remove some unduly burdensome requirements on the operators of such works.

There have been discussions involving the Health and Safety Authority, the Construction Industry Federation, the Local Government Services Management Board, FÁS and the Department of Transport about certain aspects of the Construction Regulations 2006, made under the Health and Safety code, insofar as they apply to roadworks. A number of issues emerged from these discussions that require action. These include

• Lack of a common definition of “road” (and the various subsets thereof) in the 2006 Regulations and the relevant Department of Transport legislation
• Lack of clarity about the precise qualifications required by the Health and Safety code for “competent persons”/supervisors involved with roadworks.
• Ability to differentiate between higher and lower risk type activities.
• The level of demands regarding the training of operatives taking into account the different levels of risk involved.

The Minister has decided to address these issues.

Minister Kelleher said “In order to have clarity about what constitutes a “road” (or a subset thereof) for purposes of Safety, Health and Welfare at Work (Construction) Regulations 2006, I have decided to adopt the definitions of “road” used in the Department of Transport legislation”, said Kelleher. “I believe that this move will be welcome to many, in both the public and private sectors, who are involved with roadworks and remove unnecessary confusion.”

The revised draft Regulations provide for differing safety provisions appropriate to situations which arise. For example, the provisions will be comprehensive where there are live traffic situations and also where pedestrians and disabled people are involved and less so where risks to workers are less, e.g., on wide margins and footpaths.

The new Regulations should also result in a significantly decreased training demand for certain (lower risk) operations on roadworks.

The Minister said "This amendment will free up trained personnel for other tasks at many roadworks sites while at the same time ensuring that when risks to safety arise the requirement to have appropriately trained people on site remains. It will also help in reducing costs while maintaining safety standards for the workers and the public passing adjacent to these roadworks. ".

“From a wider public policy perspective, these Regulations can be viewed as an expression of the Government’s commitment to examine seriously the level of administrative burdens on operators of businesses and workplaces.

“While a lot of Health and Safety requirements flow from EU legislation, I am increasingly of the view that, if we can reduce possibly undue demands on the operators of workplaces, while, at the same time, securing high levels of safety, we should do so.

“The Government is working to reduce administrative burdens and the Health and Safety Authority will be working with my Department over the coming year in this regard”, the Minister concluded.

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