When a PSDP or PSCS Resigns Mid-Project: Duties, Handover, and HSA Notification

What happens when a PSDP or PSCS resigns or is removed during a construction project in Ireland?

In over 25 years working in construction safety across Leinster and the rest of Ireland, I have seen plenty of projects where the PSDP or PSCS changes mid-stream. Sometimes it is planned, sometimes it is not. A designer steps back from a project. A main contractor is replaced. A safety consultant retires or moves on. Whatever the reason, the change of a Project Supervisor for the Design Process (PSDP) or a Project Supervisor for the Construction Stage (PSCS) during a live project creates specific legal obligations that many clients and contractors are not fully aware of. Get it wrong and you are in breach of the Construction Regulations 2013, potentially exposing yourself to enforcement action from the HSA.

This post covers exactly what must happen when a PSDP or PSCS changes during a project, who is responsible for what, and how to notify the HSA correctly using the AF3 form.

Why the Change of PSDP or PSCS Matters Legally

The Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013) place specific duties on the client to appoint competent persons to the roles of PSDP and PSCS. These are not informal arrangements. The appointments must be in writing, and the HSA must be notified of the project details, including the identity of the PSDP and PSCS, before the relevant stage of the project commences.

When either appointment changes, the HSA must be notified of the change using the AF3 Approved Form. This is a legal requirement, not a courtesy. Regulation 6(3) of the Construction Regulations 2013 requires that the AF3 is submitted as soon as practicable after the change occurs. If you change your PSCS mid-project and do not notify the HSA, you are in breach of the Regulations.

Beyond the notification obligation, there is a practical safety reason why the change of PSDP or PSCS must be managed carefully. Both roles carry significant responsibilities for the safety of the project. A gap in coverage, or a handover that is rushed or incomplete, can leave the project without proper safety coordination at a critical time.

The AF3 Form: What It Is and When to Submit It

The AF3 is the approved form for notifying the HSA of changes to a previously notified construction project. It is submitted online through the HSA Business Services Portal at hsa.ie. The AF3 must be submitted whenever any of the following change after the initial AF1 (client notification) or AF2 (PSCS notification) have been submitted:

The identity of the PSDP
The identity of the PSCS
The client's details
The project address or location
The estimated start or end date of the construction work
The estimated number of contractors or person-days

The AF3 should be submitted as soon as the change is known, and ideally before the change takes effect. In practice, this means that as soon as you know that your PSDP or PSCS is leaving the project, you should begin the process of identifying a replacement and preparing the AF3 notification simultaneously, rather than waiting until the replacement is in place.

What the Outgoing PSDP Must Hand Over

When a PSDP leaves a project, they do not simply walk away. They have a duty to hand over the work they have completed to their successor in an orderly manner. The key documents that must be handed over include:

The Preliminary Health and Safety Plan: If the PSDP has prepared a Preliminary Health and Safety Plan (PHSP), this must be handed over to the incoming PSDP in its current state. The incoming PSDP will need to review it, update it where necessary, and take ownership of it going forward.

Design risk register: Any record of hazards identified during the design process, together with the decisions made about how to eliminate or reduce those hazards, must be passed to the incoming PSDP. This is critical information that the incoming PSDP needs to understand the safety history of the project.

Correspondence with designers: Any written directions issued by the PSDP to designers regarding safety matters, and any responses received, must be handed over. The incoming PSDP needs to know what directions have been issued and whether they have been complied with.

The Safety File (if started): If the PSDP has begun compiling the Safety File, the work completed to date must be handed over. The Safety File is a document that the PSDP is responsible for maintaining throughout the design process and handing over to the client at the end of the project.

What the Outgoing PSCS Must Hand Over

When a PSCS leaves a project, the handover is even more critical because construction work is actively ongoing. The key documents and responsibilities that must be handed over include:

The Construction Phase Safety and Health Plan: The PSCS is responsible for developing and maintaining the Construction Phase Safety and Health Plan (CPHSP). This document must be handed over to the incoming PSCS in its current state. The incoming PSCS must review it, update it where necessary, and take ownership of it before they assume responsibility for the site.

Site safety inspection records: All records of site safety inspections carried out by the outgoing PSCS, together with any outstanding actions arising from those inspections, must be handed over. The incoming PSCS needs to know what has been inspected, what issues were identified, and what corrective actions are still outstanding.

Contractor coordination records: Records of safety coordination meetings, toolbox talks, and any written directions issued to contractors must be handed over. The incoming PSCS needs to understand the safety management history of the project.

Incident and near-miss records: Any records of accidents, dangerous occurrences, or near-misses that have occurred on the site must be handed over. The incoming PSCS needs to be aware of the safety history of the site.

Subcontractor safety documentation: Safety Statements, Risk Assessments, and Method Statements submitted by subcontractors must be handed over. The incoming PSCS needs to know what documentation has been received and reviewed.

The Client's Responsibilities During a Change of PSDP or PSCS

The client is the party who appointed the PSDP and PSCS, and the client remains responsible for ensuring that competent persons are in place throughout the project. When a PSDP or PSCS leaves a project, the client must:

Appoint a replacement as quickly as possible. There should be no gap in coverage. If the outgoing PSCS leaves before a replacement is in place, the client must consider whether construction work should continue during the gap. In most cases, it should not.

Ensure that the appointment of the replacement is in writing, as required by the Construction Regulations 2013.

Submit the AF3 notification to the HSA as soon as practicable after the change occurs.

Ensure that the outgoing PSDP or PSCS carries out a proper handover to their successor, and that all relevant documents are transferred.

Practical Steps for Managing the Change

If you are a client or a contractor facing a change of PSDP or PSCS mid-project, here is a practical sequence of steps to follow:

Step 1: As soon as you know that the change is happening, notify all parties, including the client, the main contractor, the incoming PSDP or PSCS, and the HSA (via AF3).

Step 2: Arrange a formal handover meeting between the outgoing and incoming PSDP or PSCS. This meeting should be documented, and a handover checklist should be completed and signed by both parties.

Step 3: Ensure that all documents are transferred. Do not rely on verbal handovers. Every document that the outgoing PSDP or PSCS was responsible for must be physically transferred to the incoming person.

Step 4: The incoming PSDP or PSCS should carry out a review of all documents received and identify any gaps or outstanding actions before they formally assume responsibility for the project.

Step 5: Submit the AF3 notification to the HSA online at hsa.ie. The notification should include the details of the incoming PSDP or PSCS and the date on which they assumed responsibility for the project.

What the HSA Looks For

If the HSA visits your site following a change of PSCS, they will look for evidence that the change was managed properly. They will want to see the AF3 notification, the written appointment of the new PSCS, and evidence that a proper handover took place. They will also review the Construction Phase Safety and Health Plan to confirm that it has been updated to reflect the change and that it is current and relevant to the work being carried out.

A poorly managed change of PSCS is a red flag for the HSA. It suggests that safety management on the project may be disorganised, and it is likely to trigger a more detailed inspection of the site's safety documentation and practices.

Conclusion

A change of PSDP or PSCS mid-project is a significant event that must be managed carefully and in compliance with the Construction Regulations 2013. The key obligations are to appoint a replacement promptly, ensure a proper handover of all documents and responsibilities, and notify the HSA using the AF3 form. If you are facing this situation and are unsure of your obligations, contact Safety Check for practical, no-nonsense advice.