Control of construction hazards

Construction is one of Europe’s largest industries, with an annual turnover of around €1,000 billion. It is also one of the most dangerous. It is estimated that construction workers are three times more likely to be killed and twice as likely to be injured as workers in other occupations. Paradoxically, construction is also very heavily regulated.

Many accidents in the construction industry are due to bad planning, lack of organisation and poor co-ordination on construction sites – the Work Place (Minimum Health and Safety Requirements for Work at Construction Sites) Regulations of 2004 have as an over-riding objective the fostering of improvements in working conditions.

The principle is to prevent risks by establishing a chain of responsibility linking all the parties involved, so that the responsibilities for occupational health and safety are shared among the client who procures the construction project, the project supervisors, the contractors, including subcontractors, and their workers and the project supervisors.

OHS legislation refers to only some of the duty holders, since other regulations in force (not issued under the OHS Authority Act, 2000) assign additional, specific and often complementary responsibilities.

However, the model adopted in the case of the health and safety in construction regulations, whereby a linkage between the different parties is required to be established, is not followed on a macro level between the different sets of regulations.

This well-developed legislative framework remains fragmented, and the different sets of regulations are enforced independently of each other – planning, protection of the environment, nuisance abatement, public health, control of vehicular traffic and pedestrian routes, as well as the safety and solidity of the building being constructed and the safeguard of third party civil rights. For this reason, the Occupational Health and Safety Authority has for a long time been advocating a holistic approach.

It has been recommending that the process for the issue of development permits is linked with requirements arising out of other legislation in force.

This would mean in essence that no permit to build is issued unless the client can demonstrate that project supervisor/s for the design stage and for the construction stage have been appointed, that a health and safety plan has been drawn up by the project supervisor (setting out the rules and specific measures applicable to the construction site concerned), and that a file, appropriate to the characteristics of the project, and containing all relevant health and safety information, is prepared.

The current piecemeal approach towards the control of building and construction activities perpetrates a fragmented process which involves different entities, operating independently of each other, while at the same time increasing the administrative burdens on these entities and the bureaucratic burdens on clients and operators in the field. In view of the widespread hazards and risks, the construction industry remains a focus of attention for the OHS Authority.

Apart from the periodical proactive campaigns which it organises, OHS officers regularly visit construction sites and take appropriate action. But it should be realised that OHSA is not the only one to have an interest in the matter.

Reference has already been made to the various regulatory entities which have a direct role, prompting the suggestion that a more holistic legislative approach needs to be adopted. There are other stakeholders, which although not necessarily assigned a statutory enforcement role, need to be closely involved in the whole process.

A case in point is here being made for a greater role to be assumed by local councils. Way back in 2005, OHSA had written to all local councils in Malta to suggest a more active role.

As has already been mentioned, Legal Notice 281/2004 requires a file to be prepared and kept, which file shall contain all relevant information on matters that can affect health and safety.

In writing to the local councils, it was suggested that before the council issues any permit, be it for road closure or to set up a crane, the council requests to see the file, the prior notification form and its acknowledgement by OHSA, taking note of the project supervisor for the execution phase (the latter would be contacted by the council if need be after the commencement of works).

Should the council not be satisfied that commonly encountered grievances are not going to be met (such as provisions for pedestrian or passer-by safety, base solidity in respect of cranes, etc), then the permit is withheld.

Such an approach would help reduce the incidence of nuisance complaints from neighbours, whilst ensuring the safety of third parties.

Dr Gauci is CEO of the Occupational Health and Safety Authority.