Seminar on Occupational Health and Safety Bucharest 20 and 21 October 2005
Directive 92/57/EEC: minimum health and safety requirements at temporary or mobile construction sites JÁNOS GÁDOR Hungarian Labour Inspectorate
CONTENTS • OSH system in Hungary • Directive 92/57/EEC • Coordinator • Proposals • Inspection • EU practice • Statistics • Accidents
ENFORCEMENT Three government agencies: • National Labour Inspectorate (OMMF) (Occupational safety, employment inspection) • Public Health Service (Occupational health and hygiene) • National Mining Authority (Safety in mines)
Enterprises: cca 860,000 out of which • some 790.000 with less than 11 employees and • only 1200 have more than 300 employees Number of employers per safety inspector (including directors): cca 3500
COUNCIL DIRECTIVE 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites (eighth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
CONTENTS OF THE DIRECTIVE Article 1 Subject and scope of the Directive Article 2 Definitions Article 3 Appointment of coordinators – Safety and health plan – Prior notice
Article 4 Project preparation stage: general principles Article 5 Project preparation stage: duties of coordinators Article 6 Project execution stage: duties of coordinators
Article 7 Responsibilities of clients, project supervisors and employers Article 8 Implementation of Article 6 of Directive 89/391/EEC Article 9 Obligation of employers
Article 10 Obligations of other groups of persons Article 11 Information of workers Article 12 Consultation and participation of workers Article 13 Amendment of the Annexes Article 14 Final provisions
ANNEX I NON-EXHAUSTIVE LIST OF BUILDING AND CIVIL ENGINEERING WORKS REFERRED TO IN ARTICLE 2(a) OF THE DIRECTIVE • Excavation • Earthworks • Construction • Alteration • Renovation • Demolition • Maintenance • Drainage etc.
ANNEX II NON-EXHAUSTIVE LIST OF WORK INVOLVING PARTICULAR RISKS TO THE SAFETY AND THE HEALTH OF WORKERS REFERRED TO IN ARTICLE 3(2), SECOND PARAGRAPH OF THE DIRECTIVE • Risk of earthfalls • Chemical or biological substances • High voltage power lines • Risk of drowning • Use of explosives etc.
ANNEX III CONTENT OF THE PRIOR NOTICE REFERRED TO IN ARTICLE 3(3), FIRST PARAGRAPH OF THE DIRECTIVE ANNEX IV MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR CONSTRUCTION SITES
PART A GENERAL MINIMUM REQUIREMENTS FOR ON-SITE WORKPLACES • Stability • Energy • Emergency routes • Fire detection and fighting • Ventilation • Temperature • Lighting etc.
PART B SPECIFIC MINIMUM REQUIREMENTS FOR ON-SITE WORKSTATIONS Section I • On-site indoor Workstations Section II • On-site outdoor workstations
NEW ACTOR IN CONSTRUCTION: • THE COORDINATOR
Main dispositions regarding the coordinator • Appointed by the client or the project supervisor. • Main task: Coordination of the safety measures of various employers working simultaneously on the same site.
Tasks of the coordinator A. Project preparation stage (designing and preparation) • Coordinates the implementation of the required conditions • Draws up or causes to be drawn up a safety and health plan • Determines the most important OSH issues and requirements of the project
B. Project execution stage • Coordinates the implementation of the general principles of prevention and safety at work • Makes or causes to be made any adjustments or amendments to the safety and health plan • Organizes and coordinates the safety measures of employers (contractors/subcontractors)
Important! The coordinator does not releave the employer of his obligations and responsibilities regarding health and safety at work. The coordinator is not a substitute of the safety expert at the workplace
Questions raised in connection with the coordinator while implementing the decree harmonizing Directive 92/57/EEC • Legal status, competence, power • Qualification, experience • Relation to the safety expert and the employer • Further education, examen, certificate • Registers
Tasks (preparation, execution) • Presence on the site • Contents of the safety and health plan (and who prepares it) • Employer as partner • Definition of construction sites requiring coordinators
1. Who can be coordinator? - natural person - legal entity - other organization without legal entity In case of a legal entity, also named persons are required.
Qualification 1. No OSH training but qualification in designing-execution work+ min. 3 years experience 2. Both professional and OSH qualification 3. Min. secondary qualification in construction and/or civil engineering and/or road building and 3 years experience in execution works; or high-school graduation and min. 15 years experience in execution works
Safety and health plan 1.Required safety measures, risks and hazards, work to be done, protective equipment, responsibles 2.Coordinator’s proposals for the safety of execution work 3. Organization plan and timetable 4. Costs of safety measures 5. Contents specified in another piece of legislation
Training and registers 1. Training, examen, register not needed 2. Training and registering needed 3. State-approved training (80 hours) and examen needed 4. Training should be regulated by a ministerial decree 5. Training should be provided by chambers 6. Methodology guide is required
Proposed amendments to the existing decree • Who? Natural person in the first place, not excluding legal entities (names given). • Status Not effecting the tasks and responsibility of the employer or the safety expert
Qualification OSH qualification as specified at present. Professional qualification (secondary or high level) also recommended. Employability depending on qualification degree (e.g. working day, manday, national value limits etc.) Specified number of years of professional experience (it may complete secondary degree qualification).
Required qualification of coordinators a) OSH qualification and high-degree professional qualification, b) OSH qualification and secondary-degree professional qualification, c) OSH qualification and e.g. 20 years experience in the building industry.
Safety and health plan • Technical and organizational features of the execution work and technology as specified in the relevant decree. • As specified in separate legislation regulating the contents of architectural and technical documentations. In agreement with other ministries concerned (e.g. Ministry of Economy).
Registers On voluntary basis only. Further education/training Not to be regulated by law.
Number of coordinators Minimum one person (but can be more, depending on the size of the construction site). Who employs (assigns) him? Client (project holder), main contractor. In subcontractor’s contract: obligation to cooperate.
In Hungary It is characteristic to the building industry the non-compliance with health and safety regulations and technological requirements, neglecting the use of personal protective equipment. (OMMF inspectors’ findings)
What is inspected? • Prior notice • Employment of the coordinator • Coordinator’s qualification • Existence of the safety and health plan • Existence of the risk assessment
What was found? • Targeted inspection campaign of construction sites • Between 21st March and 1st April 2005 • 161 safety inspectors, 1098 sites, 1680 employers. • 11,629 workers, 4939 work equipment • Irregularities found: 1437 employers, 5341 workers
Main problem areas: • Personal protective equipment: safety helmet not used, protection against fall from height not provided or not used • PPE not provided by the employer (37%) • Coordinator: on most sites not employed • Safety and health plan: in most cases missing • Prior notice: neglected (26%)
Information regarding the coordinator , from a few EU countries
GERMANY Required knowledge: • Building/construction (drawings,technical specifications, building equipment and materials, technologies, preparatory works, organization, legal issues) • OSH knowledge (safety and health at work, risk assessment, OSH organization and management)
IRELAND Qualification: • Architect or building engineer degree, or • Mechanical engineer degree, or • Diploma from any branch of the construction industry, or • Certificate of some technical training • Min. 5 years building industry experience • Specific coordinator training
AUSTRIA • Commissioned by the client. • Preparation stage: designer coordinator; • Execution stage: construction site coordinator • (The two may be the same person.) • Also the client can be the coordinator, provided he has the required knowledge and qualification.
Natural person or legal person or some company with legal entity. For the two latter, one or more natural persons shall be nominated. • Proper (designer or execution work oriented) professional qualification and • Minimum 3 years practical experience.
As professional qualification, the followings can be accepted: • Master builder • Structural engineering or building engineering qualification obtained at a technical university, at a university specialized in applied sciences or in a technical secondary school.
Master builder qualification requires proper professional training, a few years practice and examination. It can be obtained by masons (brick-layers), carpenters, construction site foremen etc.
Providers of special courses for coordinator training: • Austrian Accident Insurance Company • Technical universities • Private institutes providing professional education • Publishing houses • Producers of softwares designed for coordinators There are no specific rules or curricula for this type of training, usually the German practice is followed.
Topics covered by the training institutes of the Austrian Economic Chamber (WIFI): • Responsibilities of the client and the project manager • Tasks and responsibilities of the preparatory phase coordinator • Tasks and responsibilities of the execution phase coordinator
Safety and health plan • Handling of conflicts arisen between the various tasks and responsibilities • Practical knowledge and experiences
BELGIUM • Coordinator shall be nominated to all construction sites where at least two contractors are working simultaneously or immediately one after the other. • The coordinator shall be nominated by the client. • Coordinator registers are kept with two professional coordinator associations as well as by the National Action Committee for OSH in Construction.
Qualification • Appropriate knowledge of the OSH requirements of temporary and mobile construction sites. • High-degree diploma. With a diploma obtained in humanities 10 years, while with a diploma obtained in technical sciences (civil engineering, architecture or some other engineering) 2 years practical professional experience is required.