| Guvnor

What this means for your business

30 obligations

30 penalties

30 can imprison

19 guides

Enforced by: HSE
Applies to: United Kingdom
On this page: 30 compliance obligations, 19 practical guides

Read full text on legislation.gov.uk

What you must do

30 compliance obligations under this legislation — 30 can result in imprisonment.

Appointments 1

If your construction project will involve more than one contractor, you must formally appoint a principal designer to lead the pre‑construction design work and a principal contractor to manage the build. The appointments have to be in writing, made as soon as practicable and definitely before the construction phase starts. If you don’t make these appointments you will have to take on their duties yourself.

Client (commissioning work) s.5 HSE When more than one contractor is or is likely to be working …

Equipment and safety 1

On any construction site where a fire risk exists, you must supply appropriate fire‑fighting equipment and fire‑detection/alarm systems, locate them correctly and keep them in good working order. The equipment must be regularly tested, clearly sign‑posted and easily reachable, and all workers must be trained on how to use it. No one should carry out work that could cause a fire until they have been given the required instruction.

Contractor s.32 HSE If a fire risk is present on the construction site

Inspections 1

Whenever you are carrying out construction work in a trench or pit, you must take all reasonable steps to stop the excavation collapsing or material falling. A competent person must check the excavation at the start of every shift, after anything that could affect its stability, and after any material falls. Work can only continue if that inspector is satisfied the site is safe.

Contractor s.22 HSE when carrying out construction work in an excavated area that requires supports …

Management duties 25

You must put in place suitable emergency plans for any foreseeable incidents that could endanger people on your construction site, including evacuation steps. Everyone who might be affected needs to know the procedures, and the plans must be regularly tested, for example by carrying out drills.

Contractor s.30 HSE If a foreseeable emergency could affect health or safety on the construction …

If you are a contractor carrying out construction work, or a domestic client who controls how that work is carried out, you must follow all the health and safety rules set out in Part 4 of the CDM Regulations for the parts of the project you control. In practice this means checking the regulations and making sure your site, workers and processes meet those standards.

Employer s.16 HSE When you are a contractor or domestic client with control over construction …

If you are the principal contractor on a construction site, you must set up systems that allow you and the workers to work together on health, safety and welfare. You need to consult workers (or their reps) early about any matters that could affect their safety, and let them see and copy any safety information you hold, unless an exemption applies. This helps keep everyone informed and reduces the risk of accidents.

Contractor s.14 HSE When acting as the principal contractor on a construction project

If you use any vehicle on a construction site you must stop it from moving unintentionally, operate and load it safely, keep it away from excavations, water or edges, and give clear warnings to anyone at risk. Workers may only ride or stay on a vehicle in the safe place provided for that purpose.

Contractor s.28 HSE when a vehicle is used for construction work on the site

If your site uses a cofferdam or caisson, you must make sure it is properly designed, fitted with escape routes and kept in good condition. A competent person must inspect it at the start of every shift and after any incident that could affect its stability, and only allow work if they are satisfied it is safe. Work must stop until any problems are fixed.

Contractor s.23 HSE When using a cofferdam or caisson for construction work

If you are the client commissioning construction work, you must make sure any designer or contractor you hire has the right skills, knowledge, experience and organisational capacity, check this before you appoint them, work together with all parties on site, and give any safety information or instructions in a clear, understandable form as soon as practicable. Doing this helps protect the health and safety of everyone who could be affected by the project.

Client (commissioning work) s.8 HSE When you appoint a designer or contractor for a construction project

You must organise the site so that pedestrians and vehicles can move without risk. This means providing enough routes that are the right size, keeping them clearly separated, marking them with signs, maintaining them and keeping them free of obstructions. Regular checks and proper maintenance are also required.

Contractor s.27 HSE when carrying out construction work where vehicles or pedestrians will use the …

When you carry out construction work you must make sure that any building or structure you’re working on won’t collapse, even if it becomes temporarily weak. Any temporary supports, buttresses or structures you put in place must be designed, installed and maintained to carry the loads they are likely to face, and they must only be used for the purpose they were designed for. This duty runs for the whole time you are working on the structure.

Contractor s.19 HSE When carrying out construction work that could affect the stability of a …

As a designer you must make sure your designs remove, or as far as reasonably practicable reduce, any foreseeable health and safety risks. You must give the client, the principal designer and the health‑and‑safety file the information they need to meet their duties, and you cannot start design work until you are sure the client knows their own CDM responsibilities.

Designer s.9 HSE When preparing or modifying a design for a construction project

You must keep every part of your construction site tidy and reasonably clean, and make sure the site boundaries are clearly marked with signs or fencing where needed. Any timber or material with protruding nails must not be used, and any such dangerous material must be removed. Doing this helps prevent injuries and avoids enforcement action by the HSE.

Contractor s.18 HSE

If you commission any construction work, you must set up and keep up a complete health‑and‑safety management system for the whole project. This means allocating enough time and resources, providing designers and contractors with all pre‑construction information, making sure a construction phase plan and a health‑and‑safety file are produced and kept up to date, and checking that the principal designer and principal contractor fulfil their own duties. You also need to keep reviewing these arrangements for the whole duration of the project and hand over the health‑and‑safety file if you sell the building.

Client (commissioning work) s.4 HSE When you act as the client commissioning a construction project

If your construction work is near overhead power cables or underground services, you must make sure those installations are safely positioned, regularly inspected and clearly marked. Where a risk exists you must either move the cables, isolate/earth them, or put up suitable warnings and protective measures. You cannot carry out work that could damage an underground service unless you have taken all reasonably practicable steps to prevent the risk.

Contractor s.25 HSE When construction work involves or is adjacent to overhead electric power cables …

If you are carrying out demolition or dismantling, you must organise the work so that danger is avoided, or reduced as far as reasonably practicable. Before any demolition starts you need a written plan that sets out how the work will be carried out safely. This written record must be kept on site and be ready for inspection by the HSE.

Contractor s.20 HSE When your business undertakes demolition or dismantling of a structure

If your business is the contractor on a construction project you must take charge of health and safety. You need to make sure the client knows their own duties, produce a construction phase plan before the site is set up, follow any directions from the principal designer or principal contractor, ensure all workers are competent and properly inducted, provide supervision and information, and keep unauthorised people off the site. You must keep records to show you have done all of this.

Contractor s.15 HSE When acting as a contractor on a construction project

If your business is the principal contractor on a construction site, you must take charge of health and safety for the whole build. This means keeping a construction phase plan up to date, coordinating safety rules with every contractor, providing site inductions and facilities, controlling site access and working closely with the principal designer.

Contractor s.13 HSE When you act as the principal contractor on a construction project

If your business is appointed as the principal designer on a construction project, you must take charge of health and safety before the build starts. This means planning, coordinating and monitoring all pre‑construction activities, identifying and controlling any foreseeable risks, sharing relevant information with designers, contractors and the client, and making sure everyone else follows their own design‑related duties.

Designer s.11 HSE When your business is appointed as the principal designer for a construction …

If you are the principal contractor on a construction project you must have a written construction phase plan before the site is set up, showing the health‑and‑safety arrangements and site rules. You must keep that plan – and the associated health and safety file – reviewed and updated as the work changes, give the designer any information they need, and hand the completed file to the client when the project finishes.

Contractor s.12 HSE When acting as the principal contractor on a construction project

If you run or manage a construction project where workers could fall into water, you must put in place measures to stop falls, reduce the chance of drowning and have rescue equipment ready. You also need to make sure any water‑based transport to or from the site is safe and that vessels are not overloaded. Failing to do this can lead to unlimited fines and possible imprisonment.

Contractor s.26 HSE When construction work involves a risk of falling into water or uses …

When you carry out construction work you must take all reasonably practicable steps to stop fires, explosions, flooding or dangerous gases from injuring anyone on the site. Identify these hazards, put appropriate controls in place and keep checking they work for the whole duration of the project.

Contractor s.29 HSE when carrying out construction work

You must make sure that your construction site – and any approach routes – have enough fresh or purified air to keep the place safe and healthy. If you use any plant or equipment to provide that air, it must have a visible or audible alarm that warns you if it fails. This is an ongoing requirement for the whole time work is being carried out.

Contractor s.33 HSE

You must make sure the construction site, its entry ways and any traffic routes are lit sufficiently for safety, using natural light where reasonably practicable. Any artificial lights must not distort or hide safety signs, and you need backup lighting in case the main lights fail.

Contractor s.35 HSE

On any construction site you must make sure there are enough suitable emergency routes and exits so that anyone can get to safety quickly if danger arises. The routes must go straight to a safe area, be clearly signed, kept free of obstacles and, where needed, have emergency lighting.

Contractor s.31 HSE

You must make sure that any indoor work area on your construction site is kept at a temperature that is reasonable for the work being carried out, and that outdoor sites are arranged to protect workers from bad weather. This means monitoring indoor temperatures and providing heating, cooling or ventilation as needed, and providing shelters, wind‑breaks or suitable clothing/equipment for outdoor work. You should take these steps wherever it is reasonably practicable.

Contractor s.34 HSE When work is carried out on a construction site, either indoors or …

If you run a construction site you must make sure there are suitable and sufficient safe routes onto the site, between all work areas and off the site. The site must be kept safe for health, and you must stop anyone using unsafe routes. You also need enough clear working space for people and the equipment they will use.

Contractor s.17 HSE When you have control of a construction site or are the principal …

If your business stores, moves or uses explosives on a construction site, you must make sure they are handled in a way that is as safe as reasonably possible. This means keeping explosives in secure storage, transporting them safely and only firing charges when you have taken all necessary steps to protect people from blast effects or flying debris.

Contractor s.21 HSE When storing, transporting or using explosives on a construction project

Notifications 1

If your construction project will last more than 30 working days with over 20 workers at the same time, or will involve more than 500 person‑days of work, you must tell the HSE (or the rail or nuclear regulator where applicable) before construction starts. You must submit a written notice with the required details, display it on site for workers to see, and keep it updated if anything changes.

Client (commissioning work) s.6 HSE Project lasts >30 working days with >20 workers simultaneously, or exceeds 500 …

Record keeping 1

If you commission an inspection of excavations, cofferdams or similar work, you must keep the inspection report on the site until the work is finished and then retain it for three months. You also have to give the report (or a copy) to the inspector and provide any extracts the HSE asks for. This ensures the HSE can check that unsafe conditions were identified and dealt with.

Client (commissioning work) s.24 HSE