HAVE YOU GOT A CLEAN BILL OF HEALTH?
Are you considering extending, altering or fitting out your premises? If so, have you considered what your obligations may be from a Health & Safety perspective?
If you are already an Employer then you should be aware that you are obliged to provide a safe place of work, safe plant and equipment, safe systems of work and competent staff. You cannot delegate these responsibilities. You should also be aware of your obligation to have a Safety Statement and what it should contain.
Do you know however what your obligations are by virtue of the Safety, Health and Welfare at Work (Construction) Regulations 2006? These regulations impose an obligation on a client for whom work is undertaken. The definition of a client can be very wide. You can be a client if you are the tenant of a premises and are carrying out fit out works or if you are the developer of a large shopping centre. In essence, you must be a person for whom a project is carried out in the course or furtherance of a trade, business or undertaking. Projects include all developments irrespective of size. It is possible that in the course of a Project that there may be more than one client. If this is the case, then all the clients can agree in writing who will be the client for the purpose of the construction regulations and that the other clients will not be subject to the relevant duties.
If you are a client, then you must appoint a Project Supervisor for the design stage and the construction stage of the Project. You must also notify the Health and Safety Authority of these appointments.
You can choose a variety of people to act as the Project Supervisors but you are obliged to ensure that whoever you do choose is competent. In deciding whether or not someone is competent you need to bear in mind the size of the Project, hazards, training and experience. If you choose yourself you should ensure that you are aware of the obligations imposed on a Project Supervisor Design Stage and Project Supervisor Construction Stage as they are wide ranging. If you are not familiar with these obligations then it may be in your interest to appoint a professional Project Supervisor. You must also ensure that whoever you appoint will have sufficient resources to enable them to carry out their duties.
In addition to your Project Supervisors you must ensure that your Design team and your Contractor are competent and that they have sufficient resources to allocate to the Project. Once you have appointed your Project Supervisors, you must cooperate with them and give them all relevant information.
It is also your obligation as client to maintain a Safety File and you will need to make this available to your Professional Team. If you sell on the premises then you will be obliged to hand over the safety file to the Purchaser.
If you need any guidance in relation to your obligations, please contact a member of our Property & Private Client Team.
Jackie Buckley
Partner
jbuckley@hayes-solicitors.ie