Health Safety and Legislation in Site Layout and Design - Essay Example

Health Safety and Legislation in Site Layout and Design Student’s Name Instructor Institution Course Date 1.0. Introduction An understanding of site layout design for projects stretches beyond a mere conceptualization of health and safety regulations in the United Kingdom. As a matter of fact, since the enforcement of Construction (Design and Management) Regulations 2015, evaluation of essential health and safety requirements for better site layout and design and organization requires that reports include occupational health safety management systems as applied in United Kingdom and how such regulations apply to a given site or building environment. This report applies health and safety legislation of United Kingdom to relevant working environments but attempts to quell the misconception that the only legislation that concerns site layout design and organization is the various construction regulations such as Construction (Design and Management) Regulations (CDM). Legislations such as Management of Health and Safety at Work Regulations or The Confined Spaces Regulations will be applied in this case so ascertain the specificity of health and safety requirements for better site layout design and organization and further provide ground for understanding risk assessment and management for the work activities. Based on scholarly journals, reports and books, the thesis statement of the report will be embedded on site layout design, traffic management at the site, hazards surrounding the site environment and organizational issues such as machines and materials that may breach provisions of rules and regulations within United Kingdom. 2.0. Content 2.1. Construction Design and Management Regulations 2015 and Site Layout and Design As already noted, critical evaluation of essential health and safety requirements for site layout and design and organization requires critical review of different learning outcomes so as to understand areas of study that best suits the thesis statement. To begin with, the report reviews different health safety and legislation in construction so as to ascertain the legislations that best suits health and safety regulations for site layout and design and organization. While health and safety regulation is supported well by evidence-based research, not all pieces of legislations are relevant to health safety and legislation for site layout and design and organization. Researchers have shifted focus and now assess legislations that are essential for site layout and design and organization (Hughes and Ferrett 2012). For instance, Part 3 (health and safety duties and roles) of Construction Design and Management Regulations 2015 (CDM 2015) states that the construction phase plan needs to set out the health and safety needs and the site rules giving consideration to, where necessary, traffic and other industrial activities taking place on the site. Specifically, site layout design and organization should be set out in accordance with Schedule 3 of CDM 2015. From this provision, it necessary to argue that an assessment and evaluation of health and safety requirements for better site layout design and organization should be pegged on part three CDM 2015 and specifically, Schedule 3. From evidence-based and risk approaches from studies, there is a need to assess the scope and application of the regulation that are of particular interest to site layout and design and organization as this will provide a baseline for understanding circumstances in which a given legislation should be applied (Hughes and Ferrett 2012). Secondly, identification of CDM 2015 in site design will be reasonably practicable qualification since there has been a continuous call for evidence regarding the grounds that will permit risks to be managed in a proportionate way. Recent studies by scholars such as Wilkins (2011) noted that identification of legislations that deals with health safety and legislation in site identification and design construction is essential in curbing instances where regulations designed to address real risks are stretched to cover trivial issues. 2.2. Construction-phase Health and Safety and Regulations A critical concern in evaluating the essential health and safety requirements for better site layout design and organization is the hazards that are involved in site layout design and organization. For instance, Tombs and Whyte (2013) note that falls at construction site account for close to 50% of the total risks and hazards found in sites. As a matter of fact, CDM 2015 identifies that there is no distinction between high and low falls. This means that relevant regulations should be assessed and applied before site identification and design; a risk-based approach that identifies suitable hazards and risks should be pegged on different regulations that have been established. It is for this reason that tenets of Health and Safety At Work Act 1974 is essential while addressing the aspect of site layout design and organization. The premise of Health and Safety At Work Act 1974 is to ensure that every employer takes reasonable steps so that workers in the construction sites are healthy and safe. Health and Safety At Work Act 1974 have other provisions that spell out specific responsibilities of employers and employees at constructions sites. In relation to Health and Safety At Work Act 1974, Management of Health and Safety at Work Regulations 1999, also known as Management Regulation is a critical regulation relating to health safety and legislation in construction. In particular, Management Regulation have provisions that place obligations on the site identifies and designers to succinctly carry some risk assessment in the workplace and act accordingly to ensure that sites in a safer environment. CDM 2015 stresses this regulation adding that the principal site identifier and designer should prepare a health and safety file for the project that details how the site will take care of traffic, machines and site layout design which again should comply with the requirements of regulation 12(5). What this means is that to some extent, Management of Health and Safety at Work Regulations 1999 continues to safeguard interests of construction workers but at the same time imposing strict liability on employers. It therefore possible to argue that while Management of Health and Safety at Work Regulations 1999 is relevant to site layout design and organization, the legislation may not be in line with the concept of ‘reasonably practicable’ as postulated in CDM 2015 (duties of designers). Part 3, section 9 of CDM 2015 requires that when evaluating site layout design and organization designers should not commence the design of the site unless they have taken principles of prevention and any pre-construction information to eliminate, so far as is reasonably practicable, foreseeable risks to the health or safety of any person—some of the risks that the Regulation points include materials in bulks, site layout design for project void of any risks and designated machines. However, these risks have been identified in the Regulation as follows: i. Maintaining or cleaning a structure; or ii. Using a structure designed as a workplace or iii. Eliminating external risks such as traffic and material bulks 2.3. Materials and Substance Control in Site Layout Design and Organization Site layout and design should be critical of some substance and materials such as asbestos, noise, vibrations lighting, and temperature. Tombs and Whyte (2013) note that it is essential for designers to consider Dangerous Substances and Explosive Atmospheres Regulations, the Control of Lead at Work Regulations, the Control of Asbestos Regulations and Control of Substances Hazardous to Health Regulations in the site layout and design. In addition, Workplace (Health, Safety and Welfare) Regulations 1992 has been critical for construction employees. However, concerns have been raised regarding steps the legislation (Workplace Health, Safety and Welfare Regulations 1992) has taken to deal with lighting, temperature, cleanliness, and ventilation and room dimensions during site layout and design. For instance, Tombs and Whyte (2013) pointed out that the legislation’s provision to deal with lighting, temperature, cleanliness, and ventilation and room dimensions not strict in the sense that it still put health and safety of constructors at risk. It is for that case that a consideration of Control of Vibration at Work Regulations, Control of Noise at Work Regulations and Manual Handling and Operations Regulations essential in this report. These Regulations deal with the minimum required standards that site identifiers and designers should take note of while dealing with machines and equipment especially when aspects such as maintenance, suitability and inspection are to be given consideration. Studies agree that these regulations re-balances the civil justice system by helping construction related workers to clarify the status of pre-action protocols as well as reviewing strict liability provisions (Carbonari et al. 2011; Tombs and Whyte 2013). This position has been supported by Hughes and Ferrett (2012) who argue that the regulations ensures that relevant elements of legal and regulatory systems are better targeted towards support and risk management of health and safety rather than focusing on every possible risk. Another piece of legislation that has attracted debate from scholars and construction workers is Personal Protective Equipment Work Regulations 1992 (PPE). The Regulations deals with the minimum required standards that construction workers should take note of while dealing with machines and equipment especially when aspects such as protection against machines are concerned. This legislation targets construction health and safety workers to an extent that it directs employees, local authorities and health and safety inspection officers on equipment that must be worn to protect against health and safety risks so that construction related activities are consistent with targeted goals towards the elimination of risks. Part 4 of CDM 2015 (general requirements for all construction sites) summarises these Regulations by identifying and analyzing possible risks to site activities. Sub-section 17 of Part 4 particularly recognizes the main causes of accidents and consequently provides options for risk assessment and management for the work activities. Some of the provisions provided in Part 4 is that designers must take actions to ensure, so far as it may be reasonably practicable to them, that no workers or persons uses access to or egress from or gain access to the said site which does not comply with the requirements of paragraph (1) or (2) of Part 4 of CDM 2015. Paragraph 4 of Part 4 of CDM 2015 further details that any construction site must, as reasonably possible, provide sufficient working space such should be arranged so that it will be suitable for persons working or ones who may from time to time, visit the site, taking consideration of any necessary work equipment that will be used in the site. Additionally, CDM 2015 places a specific duty on principal contractors to consult and engage with workers thus places emphasis on safe operation and maintenance of the working environment, plant and systems, safe use, handling and storage of dangerous substances and maintenance of safe access and egress to the workplace (see paragraphs 143–146). 3.0. Context Read More