Section 5. Installation 5.1 General
5.2 Statutory regulations/safety considerations
5.2.1 Safety, statutory and common law
requirements and other regulations. The subject of safety, statutory and common law requirements is considered to be far too complex to be dealt with in this code of practice and it is therefore advisable to obtain the detailed information from such sources as are quoted in 2.5.
Some further guidance is given in the following:
CIBS Technical Memorandum No. 2 CIBS Technical Memorandum No. 3 Construction Safety: Policy, Organization, Administration issued by the National Federation of Building Trades Employers.
It is every employer’s responsibility to ensure that all safety and other related regulations are complied with.
5.2.2 HM Inspectors of Factories. HM Inspectors of Factories should be consulted if any doubts arise regarding safety, health or welfare matters.
It should be noted that factory inspectors have power to enter and examine any premises that are subject to the Health and Safety at Work etc.
Act 1974 or construction regulations to examine relevant registers and certificates and exercise the other powers specified in section 20 of the
aforementioned Act. It is an offence to obstruct an inspector in the examination of such documents.
Inspectors also have power to prosecute for breaches of the Act or construction regulations.
5.2.3 Statute law. All statute law is made by Act of Parliament, e.g. the Factories Act 1961. As its title suggests, this Act applies mainly to factories but there are sections that apply to “building
operations” and “works of engineering construction”.
The Factories Act gives the Minister responsible the power to make special regulations relating to safety and health in particular types of work. A number of such regulations exist relating to construction work.
These comprise the main body of statute law affecting site work.
The principal regulations are:
Construction (General Provisions) Regulations 1961.
C(GP)
Construction (Lifting Operations) Regulations 1961.
C(LO)
Construction (Working Places) Regulations 1966.
C(WP)
Construction (Health and Welfare) Regulations 1966.
C(H and W)
There are a number of other regulations and Acts of Parliament affecting site works together with various amendments and details of these can be acquired from the various publications listed.
5.2.4 Common law. Under common law, which has been established by decisions or judgements in courts of law and has evolved over the years, an employer has a “duty of care” for his employees.
Basically, this means that an employer has, for example, to:
a) provide a safe place of work;
b) provide safe plant and equipment;
c) ensure a safe system of work;
d) make sure employees are competent to do the work given to them.
5.2.5 Factories Act: principal requirements. The various headings given below are principal
requirements from the Factories Act 1961 related to the construction industry and should be complied with as well as the detailed information in the various publications mentioned under 5.2.1.
Notifications of accidents and diseases
Notifications of work starting, if the work is for more than 6 weeks’ duration
Notification of employment of young persons Keeping of records and posting of notices 5.2.6 Construction regulations: principal requirements. The headings given below are principal requirements related to the construction industry and the detailed information under these headings can be obtained from the various
publications mentioned under 5.2.1.
Construction (General Provisions) Regulations 1961.
C(GP)
Construction (Lifting Operations) Regulations 1961.
C(LO)
Construction (Working Places) Regulations 1966.
C(WP)
Construction (Health and Welfare) Regulations 1966.
C(H and W)
NOTE Amendment April 1974.
Responsibilities of employers Responsibilities of employees
Appointment of safety supervisors: see C(GP) Regulations 5 and 6
Excavations: see C(GP) Regulations 8 to 14 Dangerous fumes: see C(GP) Regulations 20 to 22
Fencing of machinery: see C(GP) Regulations 42 and 43
Electricity: see C(GP) Regulation 44 and Electricity Regulations
Temporary lighting: see C(GP) Regulation 47 Projecting nails and loose material: see C(GP) Regulation 48
Protection of eyes: see C(GP) Regulation 52 Protective clothing: see C(H and W) Regulation 15
Cranes: see C(LO) Regulations Hoists: see C(LO) Regulations Scaffolding: see C(WP) Regulations
Welfare facilities: see C(H and W) Regulations 5.2.7 Other regulations relevant to the heating and ventilation industry
Abrasive Wheels Regulations 1970 Asbestos Regulations 1969
Lead Paint Regulations SR and O, 1927
SBN 11-360519-26. (See also S1 1964 559 Lead Paint (Prescribed leaflet) Order 1964)
Employer’s Liability (Defective Equipment) Act 1964
Employer’s Liability (Compulsory Insurance) Act 1969
Offices, Shops and Railway Premises Act 1963 Electricity (Factories Act) Special
Regulations 1908 and 1944
Fire Certificates (Special Premises) Regulations 1976
Protection of Eyes Regulations 1974 Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972 5.2.8 Documentation. Some of the legislative regulations may be the responsibility of the main contractor under the contract, but it is every employer’s responsibility to ensure that Acts of Parliament, regulations, notices to be displayed, registers, certificates and forms related to the work being carried out and to the employees are met. If in doubt, HM Factory Inspectorate should be
consulted.
For guidance the various headings related to legislation are given below and full details of official forms, registers and certificates required can be obtained from HM Stationery Offices.
List of forms under the Factories Act 1961 List of forms under the Offices, Shops and Railway Premises Act 1963
Related legislation
Notices to be displayed by every employer Circumstances to be notified to factory inspector and/or others
Registers and certificates to be kept
Asbestos Regulations 1969. First list of approved dust respirators
Ionizing Radiations (Sealed Sources) Regulations 1969
5.2.9 Special considerations. Recommendations may be issued from various authorities that are not legislative in themselves but can be considered by other legislation. An example is the Guidance Note No. 36 Safety in the Cases of Cartridge Operated Fixing Tools, which is covered by the Health and Safety at Work etc. Act.
Other Guidance Notes from the Health and Safety Executive are as follows:
Reference is also recommended to:
Department of the Environment Report of the Committee on Backsiphonage in Water Installations.
5.2.10 Other regulations
5.2.10.1 Building Regulations 1976 and Building Standards (Scotland) Act 1970 are enforced by local authorities and each authority has a measure of freedom in their application. It is, therefore, advisable to contact the local authority concerned regarding work covered by the Statutory
Instrument. It should be noted that services such as sewers and the installation of sanitary
conveniences, etc. required for site “welfare facilities” are covered by these regulations.
The officer acting for the local authority to enforce the regulations is the “building control officer” who should be allowed access to enter at all times.
5.2.10.2 Water Act 1973. This Act embraces the Water Resources Act 1963, Land Drainage Act 1930, River Board Act 1948, Water Act 1945 and several other Acts. Amongst other things, it established the regional water authorities and specified their functions.
It should be noted that Scotland and Northern Ireland are not covered by this Act. The water authorities control the use and connection of water services, sewers and drainage and are, therefore, directly concerned with the use and disposal of water when used with air-conditioning
installations.
Bylaws made under the Water Act for preventing waste, undue consumption, misuse or
contamination of water supplied by a water authority are enforced by that authority and cover such items as the use of pipework materials, water storage, protection of water fittings, taps, valves, etc., the testing of water supply systems, fittings and valves.
5.2.11 Protective clothing and equipment.
Employers are obliged by law to provide the following:
a) suitable protective clothing for operators working out of doors in rain, snow, sleet or hail;
b) suitable protective clothing for operators working with asbestos or asbestos-based materials (see Regulation 8 of the Asbestos Regulations 1969);
c) insulation screens, hoods and gloves to prevent danger of electric shock (see Regulations 23 and 24 of the Electricity Regulations);
d) goggles or screens:
1) when grinding metal, stone or similar materials with power driven wheels or discs;
2) when chipping or scaling painted or
corroded metal surfaces or wire brushing them with power tools;
No. 1 Dust Control — The Low-volume High-velocity System (2nd revision) No. 17.5 Notes for the Guidance of Designers on
the Reduction of Machinery Noise No. 14 Health — Dust in Industry
No. 19 The Ventilation of Buildings: Fresh Air Requirements
No. 22 Metrication of Construction Safety Regulations
No. 25 Safe Operation of Automatically
Controlled Steam and Hot Water Boilers No. 29 Fire Risk in the Storage and Industrial
Use of Cellular Plastics (revision) No. 32 Guarding of Portable Pipe Threading
Machines
No. 37 Ionizing Radiations: Radiography on Construction Sites (in preparation) No. 39 Safe Use of Petroleum Based Adhesives
in Building Operations
No. 47 Entry into Confined Spaces: Hazards and Precautions
No. 48 Permissible Openings in Fixed Guards
3) when cutting out or cutting off cold rivets or bolts;
4) when welding or cutting metal with electrical, oxyacetylene or similar equipment;
this includes the provision of suitable welding screens for electrical arc welding operations to protect others not involved with welding but in the vicinity of such operations;
(see Regulation 21 of the Construction (General Provisions) Regulations 1961);
e) respirators to avoid breathing injurious fumes or dust (if adequate ventilation is impracticable);
(see Regulation 20 of the Construction (General Provisions) Regulations 1961 and Regulation 8 of the Asbestos Regulations 1969);
f) shelter accommodation for use when work is interrupted by bad weather (see Regulation 11 of the Construction (Health and Welfare)
Regulations 1966);
g) storage accommodation for protective clothing and equipment when not in use;
h) safety nets, belts, harness, lines, etc. where it is not practicable to provide standing working platforms (see Regulation 38 of the Construction (Working Places) Regulations 1966).
Employees are required by law to wear and use items listed, as appropriate (see section 143 of the Factories Act 1961).
It should be noted that employers cannot make deductions from wages in respect of items listed (see section 136 of the Factories Act 1961).
Legal requirements should be regarded only as a minimum.
The regular use of the items listed below should be strongly advised:
safety helmets complying with the requirements of BS 5240;
protective footwear complying with the requirements of BS 1870;
industrial gloves complying with the requirements of BS 1651.
Whether the above items are provided free or made available to employees at cost price is a matter for individual employers to decide.
The wearing of protective clothing, particularly helmets, might be made a condition of employment for operators on some projects.
Operators carrying out electric arc welding operations and oxyacetylene cutting should be provided with leather aprons, sleeves, gloves and skull caps.
It is the management’s responsibility to see that legal requirements are observed. It is their duty to explain the advantages by proper instruction in the use, and by setting personal examples in the wearing, of protective clothing and by using protective equipment where applicable.
5.2.12 Avoidance of nuisance. Nuisance by the more widely used definition means anything obnoxious to the community or individual by offensiveness of smell or appearance, or by causing obstruction or damage, and may cause legal proceedings to be taken against the offending body or individual.
Consideration should be given, therefore, to the avoidance of nuisance when installing ventilation and air-conditioning systems.