Construction Regulations 2013: The Key Duties Every Contractor Must Know
A practical guide to the Safety, Health and Welfare at Work (Construction) Regulations 2013 for Irish contractors.
# Construction Regulations 2013: The Key Duties Every Contractor Must Know ## Background and Purpose The 2013 Regulations replaced the earlier Safety, Health and Welfare at Work (Construction) Regulations 2006 and were introduced to strengthen the framework for managing safety on construction projects. They implement the EU Temporary or Mobile Construction Sites Directive (92/57/EEC) into Irish law and apply to all construction work in the Republic of Ireland. The core principle behind the Regulations is that safety must be planned and managed from the earliest stages of a project, not bolted on as an afterthought once work has begun. This is achieved by assigning specific duties to each party in the project chain, so that responsibility is clear at every stage. --- ## Who Do the Regulations Apply To? The 2013 Regulations apply to all construction projects where construction work is being carried out. Construction work is broadly defined and includes not only the erection of new buildings but also demolition, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration, maintenance, decommissioning, and dismantling. The Regulations apply to projects of all sizes. However, certain duties are triggered only when a project meets specific thresholds in terms of duration or the number of workers involved. The duty-holders identified in the Regulations are: - The **client** (the person or organisation commissioning the work) - The **Project Supervisor for the Design Process (PSDP)** - The **Project Supervisor for the Construction Stage (PSCS)** - **Designers** - **Contractors** (including main contractors and subcontractors) - **Employees** --- ## The Client's Duties The client is the person who commissions and pays for the construction work. Under the 2013 Regulations, the client has a number of important duties that cannot be delegated away, even when professional advisers are appointed. The client must appoint a competent PSDP and a competent PSCS before construction work begins. These appointments must be made in writing. The client must also provide the PSDP and PSCS with all relevant information about the site and the project that could affect health and safety. Where a project is likely to last longer than 30 working days and have more than 20 workers simultaneously on site, or where the volume of work is likely to exceed 500 person-days, the client must ensure that the HSA is notified in advance using the AF1 form. This is the Advance Notification of Construction Project form, which is submitted online through the HSA website. The client must also ensure that a Safety File is prepared for the project and that it is handed over to the building owner on completion. The Safety File contains information about the structure that will be needed for future maintenance, alteration, or demolition work. --- ## The PSDP's Duties The Project Supervisor for the Design Process is responsible for co-ordinating health and safety during the design and planning stages of the project. The PSDP must be appointed before detailed design work begins. The PSDP's key duties include: - Co-ordinating the work of designers to ensure that health and safety risks are considered and eliminated or reduced at the design stage - Preparing the Preliminary Health and Safety Plan, which sets out the known hazards and risks associated with the project and provides information for the PSCS - Ensuring that the AF1 notification is submitted to the HSA where required - Preparing and maintaining the Safety File throughout the project - Handing the completed Safety File to the client on completion of the project The PSDP must be competent to carry out these functions. Competence in this context means having the necessary knowledge, experience, and skills to manage health and safety at the design stage of the specific type of project involved. --- ## The PSCS's Duties The Project Supervisor for the Construction Stage is responsible for co-ordinating health and safety during the construction phase. The PSCS is typically the main contractor, but can be a separate appointment. The PSCS's key duties include: - Developing the Construction Phase Safety and Health Plan, building on the Preliminary Health and Safety Plan prepared by the PSDP - Co-ordinating the activities of all contractors on site to ensure that health and safety is managed effectively - Ensuring that all contractors and workers on site are competent and have received appropriate safety training - Maintaining a register of contractors working on the project - Monitoring compliance with the Construction Phase Safety and Health Plan - Ensuring that welfare facilities are provided and maintained on site - Contributing to the Safety File and providing relevant information to the PSDP The PSCS has a particularly important role in managing the interface between different contractors working on the same site at the same time. Many construction accidents occur at these interfaces, where one contractor's activities create hazards for another. --- ## Designers' Duties Designers have a duty to consider health and safety when preparing designs for construction projects. This means identifying foreseeable hazards that could arise during construction, maintenance, or demolition, and eliminating or reducing those hazards through design choices where reasonably practicable. Where a hazard cannot be eliminated through design, the designer must provide information about it to the PSDP so that it can be included in the Preliminary Health and Safety Plan. This duty applies to all designers involved in a project, including architects, structural engineers, mechanical and electrical engineers, and specialist designers. --- ## Contractors' Duties Contractors have extensive duties under the 2013 Regulations, covering both their own activities and their management of any subcontractors they engage. Every contractor must: - Co-operate with the PSCS and comply with the Construction Phase Safety and Health Plan - Provide the PSCS with information about their activities that could affect the health and safety of others on site - Ensure that their employees and any subcontractors they engage are competent and have received appropriate safety training - Ensure that their employees have received a site-specific induction before starting work - Comply with any directions given by the PSCS in relation to health and safety on site Contractors must also ensure that their own Safety Statement is specific to the work they are carrying out and that it reflects the actual risks present on the site. --- ## Employees' Duties Employees also have duties under the 2013 Regulations. They must: - Co-operate with their employer and with the PSCS in matters relating to health and safety - Use any equipment, personal protective equipment, or safety device provided to them in accordance with their training and the instructions given - Report any hazard, defect, or dangerous situation to their employer or to the PSCS as soon as they become aware of it - Not interfere with or misuse anything provided for health and safety purposes --- ## The Threshold for Notification One of the most practically important aspects of the 2013 Regulations is the threshold that triggers the requirement to notify the HSA. The AF1 notification is required where: - The construction phase is likely to last more than 30 working days and have more than 20 workers simultaneously on site at any point, or - The volume of work is likely to exceed 500 person-days Many contractors are surprised to find that relatively modest projects can exceed these thresholds. A project involving 25 workers for five weeks, for example, would trigger the notification requirement. Where notification is required, it must be submitted before construction work begins. The AF1 form is submitted online through the HSA website. --- ## Common Compliance Failures In practice, the most common compliance failures seen on Irish construction sites in relation to the 2013 Regulations are: | Failure | Consequence | |---|---| | No written PSDP or PSCS appointment | Client and contractor both exposed to prosecution | | AF1 not submitted where required | Criminal offence; HSA may issue improvement notice | | Construction Phase Safety and Health Plan not prepared | PSCS in breach; site may be shut down | | Subcontractors not registered with PSCS | PSCS in breach of co-ordination duties | | Safety File not completed or handed over | Client in breach; future owners lack essential information | --- ## Conclusion The 2013 Regulations are not optional. They apply to every construction project in Ireland, and every party in the project chain has specific legal duties. Understanding those duties before a project begins is the most effective way to manage compliance and avoid the consequences of getting it wrong. If you are a contractor, client, or developer and you are unsure whether your project requires a PSDP or PSCS appointment, or whether the AF1 notification threshold has been met, Safety Check can advise you. We provide PSDP and PSCS services to contractors across Leinster and all of Ireland. [Contact us](/contact) to discuss your project.