Construction Client Regulations

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Construction

Client Regulations

Regulations concerning safety, health and working

environment at construction sites

Regulations pursuant to the Working Environment Act issued 3 August 2009, No. 1028

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Issued September 2015

Directorate of Labour Inspection Postboks 4720, Sluppen

7468 Trondheim

This is an unofficial English translation of «Forskrift om sikkerhet, helse og arbeids miljø på bygge- eller anleggsplasser (byggherreforskriften)» for information purposes. Any disputes shall be decided on the basis of the formal regulations in Norwegian.

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Foreword

The basis of the Construction Client Regulations is Council Directive 92/57/ EEC on the implementation of minimum safety and health requirements at temporary or mobile construction sites. The Construction Client Regulations involve implementation of the Directive itself and of annexes I, II and III. Annex IV of the Directive is mainly implemented in the Workplace Regulations1.

The preamble to the Directive, which explains the purpose of the Directive, states as follows:

“Temporary or mobile construction sites constitute an area of activity that exposes workers to particularly high levels of risk.

Unsatisfactory architectural and/or organisational options or poor planning of the works at the project preparation stage have played a role in more than half of the occu-pational accidents occurring on construction sites in the Community.”

The preamble to the Directive also states the following regarding coordination:

“When a project is being carried out, a large number of occupational accidents may be caused by inadequate coordination, particularly where various undertakings work simul-taneously or in succession at the same temporary or mobile construction site.

It is therefore necessary to improve coordination between the various parties con-cerned at the project preparation stage and also when the work is being carried out.”

The Construction Client Regulations describe the responsibilities of the client throughout the construction process with regard to the safeguarding of safety, health and working environment at the construction site. The main responsi-bility of the client is to ensure that this is carried out through the planning of the project and through organisation and follow-up of the work. Chapter 2 of the Regulations regulates the responsibilities of the client.

By means of the Construction Client Regulations, specific responsibilities regarding safety, health and working environment are also imposed on the other actors in the construction process. On this basis, the responsibilities of the designers are regulated by chapter 3, while the responsibilities imposed on employers and one-man enterprises are laid down in chapter 4.

1. In Norwegian: Forskrift om utforming og innretning av arbeidsplasser og arbeidslokaler (arbeidsplassforskriften).

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The Construction Client Regulations are issued pursuant to section 1–4, first, third and fourth paragraph, section 3–1 and section 4–1, sixth paragraph, of the Act of 17 June 2005 No. 62 relating to working environment, working hours and employment protection, etc. (Working Environment Act).2

Regulations concerning safety, health and working environment at

construction sites (Construction Client Regulations)

Issued by the Ministry of Labour and Social Inclusion (Ministry of Labour and Social Affairs) on 3 August 2009 pursuant to section 1–4, first, third and fourth paragraph, section 3–1 and section 4–1, sixth paragraph of the Act of 17 June 2005 No. 62 relating to working environment, working hours and employment protection, etc. (Working Environment Act).

EEA references: EEA Agreement, annex XVIII No. 16b (Directive 92/57/EEC).

Chapter 1. Introductory provisions

Section 1. Purpose

The purpose of the Regulations is to protect employees from risks by paying regard to safety, health and working environment on construction sites in con-nection with planning, project preparation and execution of building or civil engineering works.

Section 2. Scope and extent

The Regulations shall apply to any workplace where building or civil engi-neering works of a temporary or mobile nature are carried out.

Section 3. Persons to whom the Regulations are addressed

Construction clients, coordinators, designers, employers and one-man enter prises shall ensure compliance with the provisions of these Regulations. The same shall apply to representatives of the client.

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If the client is a consumer, see section 4 (d), only section 10 concerning prior notice shall apply.

Section 4. Definitions

For the purposes of these Regulations, the following definitions shall apply:

a) building or civil engineering works 1. construction of buildings

2. fitting out, decoration and installation work 3. assembly and disassembly of prefabricated elements 4. demolition, disassembly, alterations and restoration work 5. redevelopment and maintenance

6. general construction work

7. excavation, blasting and other groundwork

8. other work carried out in connection with construction activities. b) client: any natural or legal person for whom a construction project is

car-ried out.

c) client’s representative: any natural or legal person who performs specific tasks pursuant to these Regulations on behalf of the client in accordance with a written agreement with the client.

d) consumer: a natural person who does not primarily act in the course of commercial activity.

e) coordinator: any natural or legal person responsible for coordination of project preparation or execution on behalf of the client.

f) designer: any natural or legal person commissioned to draw, calculate, plan or describe the whole or parts of the building or installation to be constructed.

g) one-man enterprise: undertaking that has no employees.

Chapter 2. The responsibilities of the client

Section 5. General responsibilities

The client shall ensure that the regard for safety, health and working environ-ment at the construction site is safeguarded.

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During planning and project preparation, the client shall particularly safe-guard safety, health and working environment in connection with

a) the architectural, technical or organisational choices made

b) describing and paying regard to risk factors of relevance for the work to be carried out

c) setting aside sufficient time for planning and executing the various work operations.

During execution of the works, the client shall safeguard considerations regarding safety, health and working environment in connection with coordi-nation of the work of the undertakings at the construction site.

The client shall ensure compliance with the responsibilities imposed by these Regulations on the coordinator, designers, employers and one-man enterprises.

Section 6. Risk factors

The risk factors revealed during planning and project preparation shall be accounted for in the tender documents, see section 5, second paragraph, (b). Section 7. Plan for safety, health and working environment

Before commencing work at the construction site, the client shall ensure preparation of a written plan for safety, health and working environment describing how risk factors in the project are to be dealt with.

The plan for safety, health and working environment shall be easily available and be made known at the workplace. The plan shall be kept for six months following completion of the building or civil engineering works.

Section 8. Requirements regarding the plan for safety, health and working environment

The plan for safety, health and working environment shall be based on risk assessments, be adapted to the building or civil engineering works concerned and shall include

a) an organisational chart indicating the distribution of roles and the form of contract

b) a progress plan describing when and where the various work operations are to be carried out, see section 5, second paragraph, (c), and paying regard to coordination of the various work operations

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c) specific measures associated with activities that may involve risks to life and health, such as

1. work near underground installations

2. work near high voltage power lines and electrical installations 3. work at locations with passing traffic

4. work where employees may be exposed to landslides or sinking in mud 5. work involving the use of explosives

6. work in wells, underground earthworks and tunnels 7. work exposing employees to the risk of drowning 8. work in caissons with a compressed-air atmosphere 9. work involving use of diving equipment

10. work where persons may be put at risk of landslides, sinking in mud or being injured by falls or falling objects

11. work involving demolition of load-bearing structures

12. work involving the assembly or disassembly of heavy prefabricated elements

13. work involving risk of hazardous exposure to dust, gas, noise or vibrations

14. work that puts employees at risk from chemical or biological substances which may involve a strain on the safety, health and working environment or involve a legal requirement for health monitoring

15. work with ionising radiation requiring the designation of controlled or supervised areas

16. work involving fire and explosion hazards. d) procedures for deviation handling.

The client shall ensure continuous updating of the plan in the event of changes of relevance for safety, health and working environment.

Section 9. Preventive measures

In connection with the work at the individual construction site, the client shall particularly require

a) that necessary measures are taken to prevent unauthorised persons from gaining access to the construction site

b) that regard is paid to other undertakings at or near the construction site c) good order and a satisfactory state of cleanliness

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d) safe access to the workplaces and safe traffic routes

e) demarcation and laying out of areas for storage of various materials, particularly hazardous materials or substances

f) maintenance, pre-commissioning checks, and checks on installations and equipment with a view to correction of faults that may affect the employees’ safety, health and working environment

g) storage, handling and removal of waste and hazardous materials h) satisfactory working-hour arrangements

i) satisfactory staff rooms j) adequate accommodation. Section 10. Prior notice

If the work is scheduled to last for more than 30 working days or if the volume of work is scheduled to exceed 500 person-days, the client shall ensure that, at the latest one week prior to commencement of the work, prior notice of the building or civil engineering works is given to the Norwegian Labour Inspection Authority on the form prescribed for that purpose.

If the client is a consumer, the prior notice shall be provided by the under-taking that takes on the building or civil engineering works.

The prior notice shall be clearly displayed at the construction site and kept up to date.

The prior notice shall contain the following information: a) date the notice is given

b) exact address of the construction site c) name and address of the client

d) name and address of the client’s representative e) type of project

f) coordinator’s name and address

g) planned date for commencement of work at the construction site h) planned duration of the work at the construction site

i) estimated maximum number of employees simultaneously at the construction site

j) planned number of contractors and one-man enterprises at the construction site

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Section 11. Internal control

The client may require undertakings to carry out systematic health, environ-mental and safety activities, see the Regulations of 6 December 1996 No. 1127 concerning systematic health, environmental and safety activities in undertak-ings (Internal Control Regulations)3.

Section 12. Documentation for future work

The client shall ensure the preparation of documentation for the building or installation concerning matters that may have significance for safety, health and working environment in connection with future works. The documentation shall describe the design and structure of the building or installation and the building products used. The description shall have the necessary scope to safe-guard safety, health and working environment in connection with operation, maintenance, alterations and demolition.

Section 13. Designation and follow-up of the coordinator

If two or more undertakings are working at the construction site simultane-ously or in succession, work on safety, health and working environment shall be coordinated. In such cases, the client shall designate a coordinator for the whole project, or one for the project preparation phase and one for the execution phase, to carry out the coordination on behalf of the client in accordance with sections 14 and 15 of these Regulations.

The client may choose to hold the role of coordinator. Designation of a coordinator will not exempt the client from its responsibility in this area.

Prior to designating a coordinator, the client shall consider whether the designated person has other responsibilities that may conflict with the role of coordinator.

By means of a written agreement, the client shall clarify what responsibilities and authority the coordinator shall have. The client shall regularly follow up the coordinator to ensure that he fulfils his responsibilities.

The coordinator shall have the necessary knowledge of safety, health and working environment, including working environment legislation. The coor-dinator for the execution phase shall in addition have practical experience of building or civil engineering works.

3. In Norwegian: Forskrift om systematisk helse-, miljø- og sikkerhetsarbeid i virksomheter (internkontrollforskriften).

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Section 14. Coordination

Coordination during the project preparation phase includes

a) coordinating the project preparation in order to safeguard considerations regarding safety, health and working environment

b) ensuring that there is a plan for safety, health and working environment. Coordination during the execution phase includes

a) following up risk factors in the client’s plan for safety, health and working environment

b) following up the preparation of schedules to ensure that sufficient time is set aside for execution of the various work operations

c) following up compliance by employers and one-man enterprises with the plan for safety, health and working environment

d) coordinating work by employers and one-man enterprises whereby they may affect each other with regard to safety, health and working environment, including cooperation between employers and one-man enterprises

e) ensuring that employers follow up compliance with the requirements of section 9

f) ensuring that lists are kept of persons employed at the construction site, see section 15.

Section 15. Lists of persons employed at the construction site

As part of the coordination, a list shall be compiled of all who perform work at the construction site. This list shall be compiled and checked daily, and shall contain the following information:

a) name and address of the construction site b) name of the client

c) names of employers or one-man enterprises or, in the case of hired workers, the name of the undertaking hiring the workers

d) organisation numbers of undertakings subject to registration

e) names and dates of birth of all persons performing work at the construc-tion site.

The lists shall be available and shall on request be shown to the employer, the safety representative and the Norwegian Labour Inspection Authority. The lists shall be kept for six months following completion of building or civil engineering works.

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Section 16. Carrying out responsibilities on behalf of the client

The client may agree in writing that a legal or natural person shall on behalf of the client carry out specific responsibilities pursuant to these Regulations (client’s representative).

The client shall consider whether the client’s representative has other respon-sibilities that may conflict with the tasks that the person concerned shall carry out on behalf of the client.

Chapter 3. The responsibilities of the designer

Section 17. General responsibilities

During performance of his or her assignments, the designer shall assess risk in respect of factors associated with safety, health and working environment at the construction site. The regard for safety, health and working environment shall be safeguarded through the choice of architectural or technical solutions. The factors that may have significance for future works shall be documented, see section 12.

If risk factors may arise that require specific measures, see section 8, first paragraph, (c), of the Regulations, this shall be described and be reported to the client.

Chapter 4. The responsibilities of employers

and one-man enterprises

Section 18. General responsibilities

Employers and one-man enterprises shall comply with the plan for safety, health and working environment and the instructions of the client or coordinator.

While planning the execution of work, employers and one-man enterprises shall pay regard to necessary risk assessments and continuously assess risk in respect of risk areas identified in the client’s plan for safety, health and work-ing environment. They shall inform the client of risk factors not described in the plan.

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The employer shall ensure implementation of the preventive measures laid down in section 9.

The employer shall incorporate relevant parts of the plan for safety, health and working environment in the undertaking’s system for internal control, see the Regulations of 6 December 1996 No. 1127 concerning systematic health, environmental and safety activities in enterprises (Internal Control Regula-tions). This incorporation shall be carried out in such a way that it is possible to identify the relevant provisions of the plan.

Employers and one-man enterprises shall inform the client concerning any deviations from the plan for safety, health and working environment that may have significance for employees’ safety, health and working environment. Section 19. Obligation to inform

The employer shall inform the safety representative concerning the plan for safety, health and working environment before commencing building or civil engineering works.

The employees and the safety representative shall in a comprehensible man-ner be informed concerning all measures to be taken with regard to safety, health and working environment at the construction site.

Chapter 5. Penalties

Section 20. Penalties

Wilful or negligent violations of these Regulations or of decisions made pur-suant to these Regulations or complicity with such violations shall be subject to penalties pursuant to chapter 19 of the Working Environment Act.

Chapter 6. Final provisions

Section 21. Entry into force and transitional provisions

The Regulations enter into force on 1 January 2010.

From the same date, the Regulations of 21 April 1995 No. 377 concerning safety, health and working environment at construction sites (Construction Client Regulations) will be repealed.

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For building or civil engineering works where the Norwegian Labour In-spection Authority has received prior notice by 1 January 2010, the client may instead choose to comply with the provisions of the Regulations of 21 April 1995 No. 377 concerning safety, health and working environment at construc-tion sites (Construcconstruc-tion Client Regulaconstruc-tions).

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Comments to the Regulations

Chapter 1 Introductory provisions

Re section 1

Purpose

The main purpose of the Construction Client Regulations is to ensure the protection of employees against risks by making the regard for safety, health and working environment a central element throughout the construction process.

In view of this purpose, planning, project preparation and execution shall all focus on safety, health and working environment. This implies that efforts to reduce the risk of injuries and accidents for construction workers shall be made right from the project development stage.

In connection with the execution itself, coordination is a major instrument for achieving this purpose.

Re section 2

Scope and extent

The Construction Client Regulations shall apply to the whole construction process, through planning, project preparation and execution.

The scope of the term “building or civil engineering works” is further ex-plained in the comments to the definition in section 4 (a).

In section 10 of the Regulations, a certain scope or duration of work is specified before requiring prior notice. The Regulations shall apply regardless of the duration and scope of the work, i.e. regardless of whether or not prior notice is required, see section 10.

In cases where the client is a consumer, exceptions are made for the applica-tion of the Regulaapplica-tions, see the comments to secapplica-tion 3.

The scope and extent of Regulations require that, in order to be subject to the Construction Client Regulations, the building or civil engineering works must be of a temporary or mobile nature. They must therefore be differenti-ated from building or civil engineering works carried out by permanent un-dertakings. For example, shipyards and undertakings producing prefabricated houses are not subject to the Regulations. In borderline cases, significance will be attached to the duration of the work and to whether the work is typically

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of a temporary or mobile nature. It will also be of significance for the assess-ment whether machines and equipassess-ment are permanently located on the site or whether it is natural to relocate these following completion of the work.

Building or civil engineering works must be differentiated from general operations and maintenance.

This means that maintenance tasks associated with temporary construction activities fall under the Regulations, whereas general maintenance tasks do not. As a consequence of this differentiation, repair, restoration, etc. of roads fall under the scope of the Regulations whereas road work such as snow clearance do not.

The Regulations also apply in cases where the employer uses his own employees to carry out major maintenance tasks at his own plant.

Collective voluntary work (dugnadsarbeid) is not in principle subject to the Construction Client Regulations. In some cases, some of the work is carried out as collective voluntary work, while the remainder is carried out as ordinary work. The part of the work that is carried out in the course of commercial activity is subject to the Construction Client Regulations. Whether or not collective voluntary work is to be assessed as part of the building or civil engineering works must be viewed in the light of the possible consequences of the work for the ordinary employees and the person who in practice actually organises and manages the collective voluntary work.

The Construction Client Regulations do not apply to requirements regard-ing the natural environment. Such requirements include those associated with emissions to air, water and soil and degradation of the natural environment. The rules associated with the external environment are administered by the Norwegian Environment Agency.

As regards measures for preventing fire and explosion, these are regulated by the rules administered by the Norwegian Directorate for Civil Protection and Emergency Planning (DSB)4.

The Construction Client Regulations do not in principle apply to third persons, i.e. persons who are not employees at the construction site. For issues concerning third persons entering construction sites, see the comments to section 9 (a).

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In connection with the requirement of section 10 concerning prior notice and the requirement of section 15 concerning the keeping of lists of persons employed at the construction site, it is important to clarify what is meant by a construction site. This particularly applies to the contract types not associated with a specific delimited construction area. The geographical delimitation will not be decisive. If, for example, the contract applies to an entire county, this will not be denoted a construction site. The decisive factor will be whether there is a close association between the various work tasks at the adjacent geo-graphical workplaces that makes it natural to regard this as a construction site. This assessment norm is for example decisive for function contracts, tarmac contracts and road marking. We stress that, in connection with tarmac laying, lists shall be kept of regular suppliers of tarmac.

In cases where the Regulations have a joint scope and extent, the Regulations concerning organisation, management and employee participation5, the Work-place Regulations and the Regulations concerning the performance of work6 all have relevance for the Construction Client Regulations. The Regulations must therefore be viewed in relation to one another. For example, Chapter 27 Rock work of the Regulations concerning the performance of work involves special regulation of certain building or civil engineering works.

No dispensations from the Construction Client Regulations may be granted.

Re section 3

Persons to whom the Regulations are addressed

Pursuant to the Regulations, the main responsibility is held by the client, while the other actors act as a direct consequence of the client’s instructions. The responsibilities of the client are regulated by chapter 2.

Pursuant to section 13, the client may designate a coordinator to safeguard coordination of the work pursuant to sections 14 and 15, but is nevertheless obliged to follow up the coordination.

The designer’s responsibilities are further described in chapter 3.

The responsibilities of employers and one-man enterprises pursuant to the Construction Client Regulations are regulated by chapter 4.

5. In Norwegian: Forskrift om organisering ledelse og medvirkning.

6. In Norwegian: Forskrift om utførelse av arbeid, bruk av arbeidsutstyr og tilhørende tekniske krav (forskrift om utførelse av arbeid).

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If the client has entered into a written agreement pursuant to section 16 that the client’s representative shall carry out specific responsibilities under the Regulations, the provisions concerning the client will apply correspondingly to the client’s representative.

The responsibilities of the client do not apply when the client is a consumer, but the responsibility to provide prior notice pursuant to section 10 also applies to consumers. For the definition of consumer, see the comments to section 4 (d).

In cases concerning consumers, the regard for safety, health and working environment is deemed to be safeguarded by means of the requirements laid down in section 7 of the Erection of Dwellings Act of 13 June 19977, section 5 of the Building Trades Services Act of 16 June 19898, section 2–2 of the Work-ing Environment Act and the Internal Control Regulations.

The Erection of Dwellings Act of 13 June 1997 applies to contracts with consumers concerning the erection of new dwellings. The term “contractor” in the Act also applies in cases where the terms building tradesman or prefabricat-ed house supplier would otherwise be usprefabricat-ed. Section 7, first paragraph, of the Erection of Dwellings Act states a general requirement that the contractor shall exercise due care in safeguarding the interests of the consumer. It is natural to interpret section 7, first paragraph, of the Erection of Dwellings Act as entail-ing that the contractor shall safeguard considerations regardentail-ing safety, health and working environment in his performance of work for the consumer.

Among other things, this entails that the contractor shall prepare specific measures in connection with work involving risk to life or health when per-forming work for the consumer.

Correspondingly, section 5 of the Building Trades Services Act of 16 June 1989 lays down an obligation to exercise due care in safeguarding the interests of the consumer. The Act itself applies to repairs, maintenance, installations, alterations, etc. for consumers.

For information on the requirements regarding the main contractor’s co-ordination pursuant to section 2–2, second paragraph, of the Working Envi-ronment Act, see the comments to section 18. As regards the Internal Control Regulations, we refer particularly to the comments to sections 5 and 6 of the Internal Control Regulations.

7. In Norwegian: Lov om avtalar med forbrukar om oppføring av ny bustad m.m. (bustadoppføringslova)

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Re section 4

Definitions

Re (a) building or civil engineering works

The definition of building or civil engineering works is based on Directive 92/57/EEC and the main categories of the industrial classification used by Statistics Norway9, originally based on the NACE codes, see sector F Construction.

Building or civil engineering works include all activities directly associated with construction, alterations, repair, maintenance and demolition of buildings and construction and repair of installations.

Painting work and cleaning associated with building or civil engineering works are examples of work that falls under item 5, maintenance.

Work in connection with tunnels, bridges, construction of power lines and sewerage systems are examples of work that falls under item 6, general construction work.

Drainage is an example of groundwork that falls under item 7.

An example of work that falls under item 8, is a temporary workshop for maintenance of machines used at the construction site.

Re (b) client

The client is the person for whom building or civil engineering works are actually carried out, and is thus the contracting entity for project preparation and execution. The responsibilities of the client are described in chapter 2.

In the case of dwellings for commercial sale, the contracting entity for the executing contractor and the designer is the client pursuant to the Regulations.

If the client is a legal person, the prior notice pursuant to section 10 shall state the name and telephone number of a contact person.

Re (c) the client’s representative

The agreement between the client and the client’s representative is regulated by section 16.

If the client’s representative is a legal person, the prior notice pursuant to section 10 shall state the name and telephone number of a contact person.

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Re (d) consumer

The definition of consumer is identical to the definition given in the Build-ing Trades Services Act of 16 June 1989, the Erection of DwellBuild-ings Act of 13 June 1997, the Sale of Goods Act of 198810 and the Consumer Purchases Act of 200211. The practice and travaux préparatoires of these Acts are thus also of relevance to the consumer concept employed in the Construction Client Regulations.

The definition of consumer is common to all EU legislation, and is originally derived from Directive 1999/44/EEC of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees.

Further clarification of the consumer concept is mainly relevant in the event of doubt concerning whether building or civil engineering works are carried out in the course of commercial activity.

It is required that the consumer is a natural person, and this entails that organisations, companies and associations are not covered by the consumer concept. A sports club is thus not covered by the consumer concept.

A multi-unit co-owned property is not in principle a consumer pursuant to the Construction Client Regulations. However, in the travaux préparatoires to the Consumer Purchases Act, which is also relevant to the Construction Client Regulations, the smallest multi-unit co-ownerships are assumed in reality to have the character of consumers, and therefore fall under the consumer concept. They are then required to consist of less than five co-owners.

Work ordered by an individual consumer in a housing cooperative is cov-ered by the consumer concept.

Re (e) coordinator

Designation and follow-up of the coordinator is regulated by section 13, while sections 14 and 15 specify what the coordination involves.

If the coordinator is a legal person, the prior notice pursuant to section 10 shall state the name and telephone number of a contact person.

Re (f) designer

The designer’s responsibilities are regulated by chapter 3.

10. In Norwegian: Lov om kjøp (kjøpsloven)

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Re (g) one-man enterprise

The responsibilities of one-man enterprises are regulated by chapter 4. The terms employee and employer are defined in section 1–8 of the Work-ing Environment Act. The term ‘persons responsible for execution’12 is often used in relation to construction activities, and normally applies to employers or one-man enterprises contracted to execute the whole or parts of the building or civil engineering works. In the Construction Client Regulations, it has been chosen to use the terms employers and one-man enterprises to refer to the ac-tors who perform this work. The main reason for this is to achieve uniformity of terminology between the Working Environment Act and the Construction Client Regulations.

Chapter 2 The responsibilities of the client

Re section 5

General responsibilities

Re first paragraph

By virtue of its initiation of a construction project, the client holds the main responsibility for ensuring that the project is carried out in such a manner that safety, health and working environment are safeguarded at the construction site. Regardless of the form of contract, the client holds the actual respon-sibility for compliance with the requirements of the Construction Client Regulations.

The potential for providing for a sound working environment for workers at the construction site is greatest during the early phase of planning, and decreases as the project progresses. It is therefore important that the client pays attention to safety, health and working environment for employees at the workplace as early as possible.

Re second paragraph (a)

The client can bring his influence to bear on the project through architectural, technical and organisational choices.

By architectural choices is meant the form, content and layout of the build-ing or installation, which may have significance for safety, health and workbuild-ing

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environment. Examples of this are deep cellar solutions, large excavations and major encroachment on terrain, exterior walls that hinder fastening of scaffolding, indoor courtyards with glass roofs, rooms with very high ceilings, etc. Regard must also be paid to the location and ground conditions of the site, for example, whether the building or installation must be located close to passing traffic.

By technical choices is meant, for example, the choice of load-bearing structure. This includes the choice of technical solutions that provide for stable structures during construction and demolition, the choice of building products, technical installations and the like.

Organisational choices include the choice of the form of contract, the structure of the contract and the order of development. Other organisational choices involve designating one or more persons as coordinators and deciding on the number of coordinators that shall be in the project, see the comments to section 13. A further organisational choice involves any agreement assigning specific responsibilities to a client’s representative pursuant to the Regulations, see the comments to section 16.

In connection with the choice of a design-build contract, whereby the client conducts a preproject whereas the detailed project preparation is carried out by the contractor, the client must ensure that there is no lack of clarity regarding interfaces and distribution of responsibility.

Re second paragraph (b)

Just as the individual employer must survey risks associated with the under-taking, see section 3–1, second paragraph, (c), of the Working Environment Act, the client must survey risk factors associated with the client’s plans. Risk factors must be described, in writing, to provide the designers with a sound basis for assessment, see section 17, and so that the risk factors that must be priced, are well enough described for the tender documents, see section 6. The risk factors that cannot be removed during the planning and project prepa-ration phase shall entail specific measures to be included in the safety, health and working environment plan, see comments to section 8. Examples of risk factors are that work must be carried out close to a road with heavy traffic, that the building is to be erected against a rock face, thereby making it diffi-cult to set up scaffolding, that there are many contractors on the site at the same time, etc.

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Re second paragraph (c)

The client must ensure that sufficient time and resources are set aside both for project preparation and for execution of the project. This is to ensure that no risk factors arise as a result of negative interaction of work operations that must be carried out simultaneously.

Furthermore, the client must ensure that planning does not result in haz-ardous time pressure during construction, and that sufficient time is set aside. See the comments to section 8, first paragraph, (b), concerning description of when and where the various work operations are to be carried out. By hazard-ous time pressure is meant work of such a nature and scope that it cannot be carried out within a normal time frame, thereby resulting in an increased risk of health injuries in the form of sickness or accidents.

In order to prevent hazardous time pressure, the client must demand that the individual contractor is able to document a satisfactory manpower plan. Re third paragraph

As well as planning for a satisfactory safety, health and working environment for the construction site, the client must be active in the execution phase. It must be ensured that the work of the various undertakings is coordinated, see section 14, second paragraph, (d). This is to be achieved by means of a sound description of when and where the various work operations are to be carried out (progress plan) and by necessary ongoing adjustments of this with regard to work that will be carried out simultaneously or in succession, and by means of follow-up of the specific measures from the safety, health and working environment plan.

The client must pay regard to fire safety as an important part of safety, health and working environment.

Re fourth paragraph

In order that the client shall be able to ensure that the responsibilities assigned to coordinators, designers, employers and one-man enterprises are satisfactorily carried out, regular follow-up is necessary. For example, the client should hold regular meetings with both coordinators and designers, and ensure that they provide reports on the basis of the safety, health and working environment plan (SHA plan).

The client must ensure that contracts require individual employers to have a system for internal control, see section 11.

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Re section 6

Risk factors

In connection with planning and project preparation, the client must ensure the description of risk factors revealed, see section 5, second paragraph, (b).

In order to avoid competition at the expense of safety, the client must de-scribe all risk factors associated with work that he is able to have knowledge of that may involve a risk to life or health, see section 8, first paragraph, (c). These descriptions shall be included in the tender documents, requiring contractors to describe and price proposals for specific measures to deal with risk factors. In this way, two things are achieved: safety, health and working environment measures are not subject to competition by tenderers, and the client must address the issue of which measures shall be used taking into consideration the costs incurred by these measures. We stress that describing a risk factor does not involve specifying one or more of the items listed in section 8, first paragraph, (c) of the Regulations, but requires a concrete description of the factor concerned.

Re section 7

Plan for safety, health and working environment

The safety, health and working environment plan is the same plan that is referred to in sections 8, 14, 18 and 19. The safety, health and working environment plan is both the client’s documentation that building or civil engineering works to be carried out have been subjected to advance planning and risk assessment and is also an instrument for ensuring that the work can be carried out without endangering life and health.

The client shall ensure that the safety, health and working environment plan is prepared. The client may either prepare the plan or hand over this task wholly or partly to a coordinator, see section 14, first paragraph. However, the latter course does not exempt the client from the responsibility for ensuring that the plan is prepared.

By ‘easily available’ is meant that the plan shall in its entirety be available to employers and employees at the construction site. If it is only available electronically, a computer must be available to everyone at the construction site.

It is required that the plan shall be known. This means that the client must ensure that all employers who perform work at the construction site are aware of the content of the safety, health and working environment plan. This also applies to employers at the construction site with whom the client does not have a contract, for example subcontractors and their subcontractors, etc.

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Information concerning the plan must be provided in connection with commencement of the work, and subsequently as the project progresses in connection with any changes or for the benefit of new actors at the construc-tion site.

The individual employer is responsible for informing its employees, see section 19 of the Regulations, in a language they understand.

Re section 8

Requirements regarding the plan for safety, health

and working environment

The safety, health and working environment plan shall be based on risk assess-ments conducted by the client during the planning of the project, see section 5, second paragraph, (b), and by the designers during project preparation of the building or installation, see section 17. By ‘risk assessment’ is meant here a survey of factors in the project that may involve risk to life or health of employees working at the construction site and an assessment of whether these factors can be removed by means of appropriate planning or project prepara-tion or whether safety measures must be required during the execuprepara-tion phase of building or civil engineering works.

The safety, health and working environment plan shall be specifically created for the project concerned, since it must encompass the factors that may involve risk to life or health that are specific to the project. An example of a factor specific to the project is the digging of a ditch close to high voltage underground power lines as opposed to digging a ditch in a field where no such power lines are buried. The first case requires a specific risk assessment owing to the local conditions, whereas the latter case only requires normal compliance with regulations and working instructions.

The safety, health and working environment plan shall describe four factors: organisation of the project (organisational chart), when and where the various work operations are to be carried out (progress plan), specific measures to be carried out and procedures for deviation handling.

Re (a)

By ‘organisational chart’ is meant an overview of the structure of the project and of the holders of the various roles (client, client’s representative, designer, coordinator) pursuant to the Construction Client Regulations. The purpose of an organisational chart is to clarify these roles.

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The chosen contract model and the other project roles (construction man-ager, project manman-ager, building manman-ager, etc.) must also be clarified. ‘Form of contract’ refers here to the type of contract, i.e. main contract, general con-tract, design-build concon-tract, etc.

An organisational chart shows whether any of the roles pursuant to the Construction Client Regulations conflict with other project responsibilities. By clarifying roles, it is possible to prevent role conflicts at an early stage. An ex-ample of a role conflict is when the coordinator role is assigned to a person in the project who is remunerated by a different employer, and has other respon-sibilities such as finance or progress. Halting parts of a project on behalf of the client may be problematical when there is also a shortage of time and when a delay would tarnish the reputation of one’s own undertaking, see also the com-ments to section 13.

Re (b)

It is the responsibility of the client to ensure that sufficient time is set aside for the various work operations and for necessary coordination of these. In prac-tice, the client must ensure this by requiring that the executing contractors de-scribe in their progress plans when and where the various work operations are to be carried out, at what times two or more undertakings will be working in the same area and how much time has been set aside for each work operation. Progress plans shall also indicate the periods when the specific measures must be implemented. The project’s progress plan shall show that the various work operations are not carried out at the same time, thereby avoiding expo-sure of employees to risks, and shall be detailed enough to be an appropriate coordination tool during the execution phase. Follow-up of this takes place through coordination during the execution phase, see also the comment to sections 5, 14 and 18.

Re (c)

Prior to commencement of building or civil engineering works, the safety, health and working environment plan shall contain specific measures in re-spect of activities that may involve risk to life or health, and that could not be removed during planning or project preparation. Descriptions of the specific measures must show how activities that may involve risk to life or health are to be carried out in order to avoid exposing employees to risk. An example is

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demolition of internal walls in an existing building. The demolition involves a risk of the ceiling collapsing. Since it is not in this case possible to avoid the need for the demolition work during project preparation, specific measures must be described for carrying out the work safely. One measure may be to set up a beam prior to the demolition to support the ceiling during the demolition work.

There is no exhaustive list of work that may involve risk to life and health. There may therefore be other activities involving risk to life and health for which measures must be described. It is the client who is responsible for en-suring that all measures are included in the safety, health and working envi-ronment plan. Designers are responsible for reporting to the client what risk factors require specific measures, see the comment to section 17.

(3) – Passing traffic includes works traffic.

(5) – In respect of work involving the use of explosives, the client shall request written plans describing how safety is to be ensured in connection with the blasting [sprengningsplaner] and written plans describing drilling, charging, ignition and cover of the charge to ensure safety [salveplaner], see also section 11–5 of the Regulations of 26 June 2002 No. 922 concerning handling of explosives13.

(13) – Work involving risk of hazardous exposure to dust, gas, noise or vibra-tions applies also to exposure to asbestos.

(14) – When work may involve exposure of employees to chemicals or bio-logical material, relevant measures must be implemented. Here, consideration must be given to the requirements of the Regulations concerning the per-formance of work and the Workplace Regulations, see also the Regulations concerning action levels and absolute limits14. See the requirements regarding medical examination in Chapter 3. Work where chemicals may pose a risk to employees’ safety and health of the Regulations concerning the performance of work.

13. In Norwegian: Forskrift om håndtering av eksplosjonsfarlig stoff.

14. In Norwegian: Forskrift om tiltaksverdier og grenseverdier for fysiske og kjemiske faktorer i arbeids-miljøet samt smitterisikogrupper for biologiske faktorer (forskrift om tiltaks- og grenseverdier)

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Re (d)

Under the item concerning procedures for deviation handling in the safety, health and working environment plan, the client must describe how deviations from the plan are to be reported, both by the client to the executing contrac-tors and by the executing contraccontrac-tors to the client. An example of deviation is when the description of when and where the various work operations are to be carried out must be amended.

Another example of deviation is when specific measures must be amended or moved. It must normally be stated who has decision-making authority regarding deviations, how they are to be followed up and who is to follow them up. Re second paragraph

The organisational chart, the description of when and where the various work operations are to be carried out, the specific measures and the procedures for deviation handling shall all be incorporated in the safety, health and working environment plan at the latest on commencing the work.

It is the client who is responsible for ensuring both preparation and updat-ing of the plan as the buildupdat-ing or civil engineerupdat-ing project progresses. Even in cases where the client hands over much of the project preparation to the con-tractor, the client must ensure that the plan satisfies the requirements of these Regulations and that the various elements are in place at the right time.

Updating of the safety, health and working environment plan is necessary, inter alia, when there are delays in the work, resulting in the need for amend-ments of the schedule or amendamend-ments of specific planned measures, or when risk factors arise in activities that may involve risk to life and health, etc. Amendments of the safety, health and working environment plan must be made known to employers and one-man enterprises, see also sections 18 and 19.

Re section 9

Preventive measures

The Regulations require that the client particularly specifies requirements regarding factors of major importance to safety, health and working environ-ment at the construction site. These requireenviron-ments mainly apply to rigging at the construction site.

The client must ensure that requirements that may have financial or time-related significance are included in the tender documents sent to the

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contractor/supplier. Other requirements may, for example, be included in the contract with individual undertakings carrying out assignments.

These factors are also covered by other rules that impose requirements on in-dividual employers, but the client has nevertheless an independent responsibility for ensuring compliance with the requirements at the client’s construction site.

It follows from (a) that it shall be required that necessary measures be taken to ensure that unauthorised persons do not gain access to the construction site.

The purpose of this provision is to protect the employees at the construc-tion site against risks that may arise when unauthorised persons are or have been present at the construction site. Third persons who, for various reasons, are present at the construction site, may indirectly be protected against risks in connection with the safety measures carried out pursuant to this provision, see also sections 1 and 2 and the comments to the provisions.

(b) on paying regard to other undertakings at or near the construction site, apply for example in connection with alterations to a shopping centre while the centre is in operation.

(e) on demarcation and laying out of areas for storage and conservation of various materials applies, among other things, to storage of explosives. Pursu-ant to section 2–1 of the Regulations concerning handling of explosives, any person, including the client, who deals with explosive substances is obliged to exercise caution and to take the necessary precautions to prevent fires and explosions, and prevent such substances from going astray or falling into the wrong hands.

The Regulations require, inter alia, that persons storing explosives must have an appropriate storage place and a permit. These are requirements that must be imposed by the client if there is a need for blasting work in connec-tion with the project. Moreover, if the storage includes chemicals, the Work-place Regulations and the Regulations concerning the performance of work will apply, see chapter 5 Signage and marking and chapter 7 Chemicals and pol-lutants in the working atmosphere in the Workplace Regulations, and the second part of the Regulations concerning the performance of work, Requirements regarding work in connection with chemical and biological risk factors.

The requirement laid down in (g) may border on requirements regarding the natural environment. The rules associated with the external environment are administered by the Norwegian Environment Agency15.

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As regards (j) concerning accommodation, we draw attention to the existence of collective agreements that include requirements regarding accommodation.

Re section 10

Prior notice

We call attention to the special prior notice form and the associated guidance. For clarification of what is meant by a construction site, see the comment to section 2.

The requirement that prior notice shall be provided also applies in cases concerning consumers.

The remaining provisions of these Regulations do not apply in cases con-cerning consumers, see section 3, second paragraph.

Re section 11

Internal control

The client shall require that the executing contractors have a system for internal control that meets the requirements of the Internal Control Regulations. In order to prevent undertakings without a satisfactory system for internal control from carrying out work at the construction site, the client must in practice state this requirement in the tender documents. Undertakings can fill in a declaration form to document in a simple way that the requirement is met.

The requirement shall apply to all undertakings at the construction site, including subcontractors, foreign undertakings, etc.

Re section 12

Documentation for future work

In order that operation, maintenance, alteration and demolition of a building or installation shall not expose the employees to risks, the client must ensure that documentation is prepared listing the factors that may have significance for safety, health and working environment for use in connection with this type of future work.

It must be possible to use the documentation in connection with demolition, and it must therefore be kept for the lifetime of the building or installation. If the building or installation changes owner, the documentation should be trans-ferred to the new owner.

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Re section 13

Designation and follow-up of coordinators

Pursuant to section 5, second paragraph, (a), the persons designated as coordina-tors and the number of coordinacoordina-tors designated by the client are organisational choices. As a consequence of its choices, the client is responsible for satisfactorily safeguarding the coordinator function.

In cases where the whole of the project preparation or construction is car-ried out by a single undertaking, no coordinator is required, but it is possible to designate a coordinator in these cases too.

When deciding whether or not to designate a coordinator, the client must pay regard to the effect this choice will have on the employees’ safety, health and working environment. Correspondingly, the client will be liable if a conflict of roles or interests prevents the coordinator from carrying out his or her responsibilities.

It follows from section 4 (e) that the coordinator may be either a natural or a legal person. If the client designates a legal person as coordinator, the under-taking must have a contact person, see section 10, fourth paragraph, (f).

The Construction Client Regulations require that there be only one coor-dinator at any given time. This does not preclude designation of two or more coordinators for the project preparation or execution phase if the individual coordinators are responsible for coordinating successive subphases. An example is designation of one coordinator for preproject preparation and one for the detailed project preparation. In connection with large building or civil engi-neering works, it may be appropriate that different simultaneous activities are coordinated by different people. The Regulations do not preclude such organ-isation provided that the client also designates an overall coordinator for work at the construction site. Only this natural or legal person will be deemed the coordinator pursuant to the Construction Client Regulations.

Nor do the Regulations preclude the client’s representative from being the coordinator of the project preparation phase.

Assessment of role conflicts

There are no restrictions regarding what natural or legal persons may be designated as coordinators. The client may choose to hold the role of coordina-tor by designating this within its own organisation. One of the accoordina-tors already involved in the project can be designated or the client may choose to appoint an external person. However, the client is obliged to consider whether the

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person or persons designated have other responsibilities that may conflict with the role of coordinator, thus making it difficult to carry out the responsibili-ties referred to in sections 14 and 15. For example, role conflicts may arise if, during the execution phase, an employee of the contractor is designated as the coordinator while at the same time having responsibility for the contractor’s progress.

Written agreement

The written agreement between the coordinator and the client must clarify the responsibilities of the coordinator listed in sections 14 and 15.

If the client chooses to carry out any of these responsibilities, this must be stated in the agreement, just as the agreement must state how the responsibilities are to be distributed if two or more coordinators are designated. The agreement shall also state what authorities are granted to the coordinator in order to carry out the coordination referred to in sections 14 and 15; for example, whether the coordinator may impose measures on the designers or on the executing contractors.

The client must also consider whether the coordinator shall be granted the authority to halt work if the coordinator reveals factors that may involve immi-nent risk to the employees’ life or health. The client’s potential for granting the coordinator the authority to intervene against the other actors in the construc-tion process may depend on the contract between the client and the designer/ contractor/one-man enterprise.

The client must ensure that the persons he engages are provided the neces-sary resources to carry out the responsibilities and tasks entrusted to them. Requirements regarding competence

The natural or legal person designated by the client as a coordinator must have the necessary competence to ensure that the coordinator function is satisfactorily carried out. In respect of both the project preparation phase and the execution phase, it is required that the coordinator shall have necessary knowledge of the Working Environment Act and regulations under the Act. The coordinator for the execution phase must also have practical experience of building or civil engi-neering works. It is required that the coordinator has experience of correspond-ing work and that this experience has current relevance, so that there have, for example, been no major changes in the execution process since the experience

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was gained. The designated coordinator must have a knowledge of the actors and procedures in the construction process, practice in the sector, etc. Further requirements regarding the coordinator’s competence must be considered by the client from project to project. These may, for example, depend on the scope of the project and the risk factors expected to arise during execution of the works. Follow-up

If the client has designated a coordinator to carry out some or all of the re-sponsibilities referred to in section 14, this does not exempt the client from its liabilities in the areas concerned.

The client’s liability is also a consequence of the fact that the coordinator carries out his or her responsibilities on behalf of the client. The client must moreover ensure that the responsibilities assigned to the coordinator are carried out, inter alia, by regularly following up the coordinator, see section 5, final paragraph. For his or her part, the coordinator is independently responsible for carrying out the responsibilities referred to in section 14 that the coordinator has undertaken in the written agreement.

The scope of the client’s follow-up of the coordinator will, among other things, be dependent on the size of the project and the risk factors that may arise during execution of the works. The follow-up may, for example, take the form of meetings with the coordinator, control at the construction site, reporting, etc.

Since it is the responsibility of the client to follow up the coordinator, the client must request feedback if he is not kept regularly up-to-date.

Re section 14

Coordination

This provision divided into two. The first paragraph describes the content of the coordination that takes place during the project preparation phase, while the second paragraph describes the content of the coordination that takes place during the execution phase.

The coordination pursuant to this provision may for example be carried out by holding meetings with the actors where the content of the safety, health and working environment plan is discussed. The content of the plan can be routinely discussed in connection with project preparation meetings, construc-tion meetings, progress meetings, etc., or by holding special meetings prior to work phases involving risk factors requiring specific measures.

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We recommend that minutes be taken at these meetings. Coordination can also be carried out through the coordinator’s presence at the construction site. The need for meetings and the coordinator’s presence will depend, among other things, on the type, size and intensity of the project and the risk factors expected to arise during execution of the works.

Coordination during the project preparation phase

Coordination during the project preparation phase must result in the designers paying regard to each others’ plans and architectural or technical choices, and to their ensuring that these, when viewed together, safeguard the employees’ safety, health and working environment at the construction site.

The safety, health and working environment plan shall be prepared during the project preparation phase in order to ensure that the various activities dur-ing the execution phase do not take place simultaneously, thereby exposdur-ing the employees to risks, see section 8, first paragraph, (b). Preparation of the safety, health and working environment plan must also include a description of all specific measures, see section 8, first paragraph, (c), that are required on the basis of the risk factors in the project concerned.

If one coordinator is designated, for the project preparation phase and one for the execution phase, this demands an exchange of information between the coordinators.

Coordination during the execution phase

During the execution phase, coordination includes follow-up of the safety, health and working environment plan. The coordinator shall report changes that may have significance for the employees’ safety, health and working envi-ronment to the client who, pursuant to section 8, final paragraph, shall update the plan.

Coordination during the execution phase also includes following up the compliance of employers and one-man enterprises with the safety, health and working environment plan. This follow-up shall ensure that the work is carried out in accordance with the schedule in order to avoid time pressure and ensure that the specific measures are carried out as planned. It is important that the coordinator follows up to ensure that sufficient time is set aside.

The safety of employees who perform work on behalf of an employer is af-fected by how other employers conduct their activities. If the safety, health and

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working environment plan describes work that may affect the safety, health or working environment of employees engaged in other work at the construction site, the work must therefore be coordinated in order to protect the employ-ees against risks. An example of such work is blasting work. Coordination of the work of one-man enterprises is also necessary when they may affect or be affected by the work of employers or other one-man enterprises. Examples are earthworks, transport and crane work.

See the comment to section 18 concerning the interface between the client’s responsibility for coordination and the requirements of the Working Environ-ment Act and the Internal Control Regulations concerning coordination. Lists of persons employed at the construction site

The responsibility for keeping a lists of persons employed at the construction site can be delegated to other persons, but the responsibility for ensuring that such lists are kept will nevertheless continue to lie with the coordinator.

Re section 15

Lists of persons employed at the construction site

Day-to-day updating and control of such lists is intended to ensure that every-one who performs work at the construction site is included in the list, see the comment to section 2 for clarification of what is meant by a construction site. The list of persons employed at the construction site can be kept and stored electronically if this is carried out in a satisfactory manner.

All information and assessments associated with individual persons, such as name and date of birth, is personal data. The obtaining of personal data for the lists and recording of such data must be carried out in compliance with the Personal Data Act16 and regulations under the Act.

The lists must be kept in such a way that the employer, the safety represent-ative and the Norwegian Labour Inspection Authority may be given access to the lists if they so request.

The lists shall be kept for a minimum of six months following completion of the building or civil engineering works, so that it is possible to see who car-ried out the work at the construction site.

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Re section 16

Carrying out responsibilities on behalf of the client

The client may agree in writing that a legal or natural person – the client’s representative – shall carry out specific responsibilities on behalf of the client. This will particularly be appropriate in cases where the client does not have the necessary competence to comply with the provisions of the Regulations.

The written agreement shall clarify the responsibilities of the client’s rep-resentative pursuant to the Regulations. Both the client and the client’s repre-sentative are obliged to ensure that the agreement is prepared in writing. It is recommended that the agreement specify the authorities of the representative in relation to the actors at the construction site. It is also recommended that reporting procedures be specified in the contract.

The agreement specifies the responsibilities that the client’s representative is responsible for carrying out, and requires that they be carried out in accordance with the specific provisions of the Regulations. Notwithstanding the agreement, the client will nevertheless be held responsible for any unsatisfactory conditions at the construction site that can be traced back to decisions made by the client.

If the client’s representative considers that the financial framework provid-ed by the client for secure compliance with the provisions of the Regulations is inadequate or, for example, that the client issues instructions regarding the choice of specific measures, it is in the interest of the client’s representative to secure documentation of this.

The matter of whether to enter into an agreement and the quest