S.I. No. 277/2003 - Safety, Health and Welfare At Work (Construction) (Amendment) Regulations 2003

I, Frank Fahey, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 28 of the Safety, Health and Welfare at Work Act 1989 (No. 7 of 1989), in relation to the matters set out in paragraphs (1) to (6), (8) (11), (12) and (13) of the Fourth Schedule to that Act, and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 ( S.I. No. 18 of 1993 ) (as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 305 of 1997 )) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2003 ( S.I. No 156 of 2003 ) and after consultation with the National Authority for Occupational Safety and Health, hereby make the following regulations:

1.         (1)        These Regulations may be cited as the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2003

(2)        These Regulations and the Safety, Health and Welfare at Work (Construction Regulations 2001 shall be construed together as one and may be cited as the Safety, Health and Welfare at Work (Construction) Regulations 2001 and 2003.

2.         The Safety, Health and Welfare at Work (Construction) Regulations 2001 ( S.I. No. 481 of 2001 ) are amended by substituting the following for the Ninth Schedule —

“NINTH SCHEDULE

Regulations 6, 9 and 14

FÁS CONSTRUCTION SKILLS CERTIFICATION SCHEME

1.        (1)         Regulations 6(6) and 9(4) apply to FÁS Construction Skills Certification Scheme training in the following tasks:

(a)        Scaffolding - basic

(b)        Scaffolding - advanced

(c)        Tower crane operation

(d)        Slinging/Signalling

(e)        Telescopic Handler Operation

(f)         Tractor/Dozer Operation

(g)        Mobile Crane Operation

(h)        Crawler Crane Operation

(i)         Articulated dumper Operation

(j)         Site dumper operation

(k)        180° Excavator operation

(l)         360° Excavator operation

(m)       Roof and wall cladding/sheeting

(n)        Built up roof felting

and to other tasks which may be prescribed from time to time by the Minister of State at the Department of Enterprise, Trade and Employment and published in Iris Oifigiúil.

(2)        In order to gain experience prior to undertaking a programme related to the tasks listed at (a) to (n) above, it shall be permissible for a person to undertake those tasks during the training period required by the programme provided that—

(i)          the person concerned is at all times under the direct supervision of a person who is in possession of the relevant registration card, and

(ii)        the person concerned is in possession of a letter from his or her employer stating that he or she is a trainee under supervision and giving the date on which he or she began undertaking this type of work.

2.        The certification requirements for Regulation 6, 9 and 14 are:

(a)        the relevant certificate under the FÁS Construction Skills Certification Scheme, or

(b)        an equivalent certificate approved by a body in another jurisdiction recognised by FÁS as its equivalent.

3.        Scaffolding

“Scaffolding - basic” (Paragraph 1(a) above) means general scaffolding operations other than those covered by Scaffolding - advanced (Paragraph 1(b)).

“Scaffolding - advanced” (Paragraph 1(b) above) means the following:

(a)        the erection and dismantling of independent scaffolding,

(b)        the erection and dismantling of sheeted scaffolding,

(c)        the erection and dismantling of scaffolding with a larger number of platforms than recommended in the manufacturer's instructions or relevant code of practice,

(d)        the erection and dismantling of scaffold loading bays

(e)        the erection and dismantling of scaffolding with different tie spacing than recommended in the manufacturer's instructions or relevant code of practice,

(f)         the erection and dismantling of scaffolding under which the public will have access,

(g)        the erection and dismantling of a buttress or truss-out scaffold,

(h)        the erection and dismantling of a saddle and stack scaffold with access tower,

(i)         the method of constructing and loading a cantilever (counterbalance scaffold,

(j)         the erection and dismantling of scaffolding with work platforms 7 metres or more above the level of the base of the scaffolding, or

(k)        other tasks which may be prescribed from time to time by the Minister of State at the Department of Enterprise, Trade and Employment and published in Iris Oifigiúil.

4.        Registration cards

(1)        The FÁS Registration card will bear the name and logo of FÁS, the registration number, card expiry date, FÁS Contact details, the name of the holder and a photograph of the holder.

(2)        Registration cards issued by other recognised bodies will bear the name of the body concerned, the registration number, card expiry date, contact details for the issuing body, the name of the holder and a photograph of the holder.”

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The purpose of these Regulations is to amend the Safety, Health and Welfare at Work (Construction) Regulations, 2001, by substituting a revised Ninth Schedule relating to the “FAS Construction Skills Certification Scheme”. The Regulations, thereby, allow all “new starters” in a range of specified tasks in the construction industry, have the facility to gain experience on site before they undergo the necessary FAS Construction Skills Certification training programmes as prescribed in the Regulations. Under the Safety, Health and Welfare at Work (Construction) Regulations, 2001, that facility was only available to a limited range of operatives undertaking specified tasks.

The amended Regulations allow FAS to restructure the relevant training programmes to facilitate the requirements of the construction industry that there be a supervised training period on site before relevant operatives undergo training/certification in the relevant task. This should also reduce the cost to industry of training programmes, and will aid competitiveness while improving the quality and applicability of the training being obtained.