Construction safety has been at the centre of a large amount of press attention in recent weeks, with a number of high-profile inquiries and the announcement from the Health and Safety Executive (HSE) of a “sharp drop” in ‘fall from height’ investigations.
While site safety is largely a practical matter, ensuring the safety of all site workers and the project itself starts with contracts.
By outlining the roles, rights and responsibilities of all parties involved in the project, construction contracts can help to identify risks and head off safety challenges before they arise.
Getting the right clauses
As far as possible, try to outline safety requirements within each contract relating to the project.
This starts with including the right clauses in your contract and fully negotiating these with all parties, such as:
- Designated roles – Identify the person or body responsible for safety on-site
- Identify requirements – For example, outline where protective equipment is required
- Reporting – Identify the person or body that needs to be alerted to any incidents or emergencies on the site
- Non-compliance – Outline the penalties of non-compliance and provisions for the potential termination of the contract if necessary.
Compliance with regulations
Several pieces of legislation exist in relation to safety during construction projects. Any contractual obligations must comply with these regulations for a site to be legal and safe.
The Construction (Design and Management) Regulations 2015 (CDM) mandates that many projects appoint a ‘principal contractor’ and ‘principal designer’ with the “skills, knowledge and experience […] necessary to fulfil the role that they are appointed to undertake in a manner that secures the health and safety of any person affected by the project”.
The Act goes on to outline the roles and responsibilities of key figures within the project to ensure safety for everyone involved, from reducing the risk of accidents to keeping the site clean.
More broadly, the Health and Safety at Work etc Act 1974 lays out the obligations of employers towards employees and members of the public.
This is incredibly important for large-scale construction projects which could carry a relatively high degree of risk to site workers or the public.
Contracts should be drafted and negotiated with these pieces of legislation in mind to minimise the risk to all parties involved in the project and meet legal requirements from the start.
To find out more about the health and safety requirements of your project, contact our Construction Law team today.