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BS5930-2015_268

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Annex A National safety legislation and guidance

(informative)
' ’ COMMENTARY ON ANNEX A
This annex describes the regulatory regimes and associated guidance available in
July 2015. It is provided for information only. Readers cannot rely on this annex to
provide a complete account of the current legal position or the relevant guidance
and need to make sure that they have up-to-date information.

A.1 Health and Safety at Work etc. Act 1974


The Health and Safety at Work etc. Act 1974 [130] established formal rules
for the management of safety and defined clearly the responsibilities of
organizations, employers and employees. Within the umbrella of this Act there
exists a framework of Regulations, Approved Codes of Practice, Codes of
Practice, Guidance Notes and other published information that define the
requirement for safety on sites where investigation and construction work is
being carried out.
All employers of five or more persons have a statutory duty to prepare
and revise as necessary a written safety policy and communicate this to
all employees. Under the Management of Health and Safety at Work
Regulations 1999 [149], employers are required to implement a formal approach
to safety. This is normally undertaken through a safety management system,
which requires induction, risk assessments, method statements, consultation
and audit.
Certain risks are attached to working on investigation sites and these risks are
associated with particular circumstances or hazards. The significant hazards are
required to be assessed and provision made for safe working through developed
Risk Assessments in the site-specific Construction Phase Plan. The Association
of Geotechnical and Geoenvironmental Specialists (AGS) have developed
industry-specific safety guidance for activities which includes significant hazards
such as trial pitting, underground and overhead services, work over and
adjacent to water, work in confined spaces and work on contaminated land.

A.2 Management of Health and Safety at Work Regulations 1999


The Management of Health and Safety at Work Regulations 1999 [149] outline
the essential content of a safety management system and the principles of risk
assessment and prevention that are to be followed in all workplaces. It also
outlines the requirements for health surveillance and where this is to be
implemented.

A.3 Construction (Design and Management)


Regulations 2015 (CDM)
All intrusive ground investigations, geotechnical advice and design and other
associated activities fall within the scope of the Construction (Design and
Management) Regulations 2015 [7], also referred to as CDM. The CDM
Regulations cover notification of the project, impose duties on all clients,
contractors and employees, create additional duty holders of Principal
Contractor and Principal Designer, require that a site-specific Construction Phase
Plan is prepared before construction (and investigation) work can proceed and
that all work is carried out to the safety plan or its subsequent revisions.
All designers are required to consider the hierarchy of risk reduction in their
works and communicate with other designers and contractors on the project to
reduce risk.
The project is notifiable by the client if the construction phase lasts longer
than 30 working days and has more than 20 workers working simultaneously at
any point in the project or exceeds 500 person days.

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