S.I. No. 481/2012 - Safety, Health and Welfare at Work (Construction) (Amendment) (No. 2) Regulations 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th December, 2012.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 58 of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) (as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 245 of 2011 )) and after consultation with the Health and Safety Authority hereby make the following regulations:

1. These Regulations may be cited as the Safety, Health and Welfare at Work (Construction) (Amendment) (No. 2) Regulations 2012.

2. The Safety, Health and Welfare at Work (Construction) Regulations 2006 to 2012 and these Regulations may be cited together as the Safety, Health and Welfare at Work (Construction) Regulations 2006 to 2012.

3. The Safety, Health and Welfare at Work (Construction) Regulations 2006 ( S.I. No. 504 of 2006 ) are amended—

(a) in Regulation 4 by deleting paragraph (5),

(b) in Regulation 87—

(i) in paragraph (1), by substituting “and materials-handling machinery” for “, materials-handling machinery and loco-motives”, and

(ii) in paragraph (1), by substituting the following subparagraph for subparagraph (e):

“(e) are provided with appropriate devices that, where the visibility of any operator is restricted, such devices remedy the hazards arising from inadequate direct vision,” and

(c) by substituting the following for Schedule 6:

Regulation 87

“SCHEDULE 6

Machinery subject to Regulation 87

Machine Type

Off-road dump trucks (trailer to rear of driver), payload greater than 7 Tonnes

Dumpers (front tip) no cab

Dumpers (front tip) with cab

Wheel loaders (loading shovels), including skid steer loaders

Backhoe loaders

All 360° excavators

Scrapers

All tracked type tractors (bulldozers)

Graders

Telescopic handlers

Compactors/rollers without cab and seat to rear

Compactors/rollers with cab and seat to rear

All compactors/rollers

Road planer

Road pavers

”.

GIVEN under my Official Seal,

30 November 2012.

RICHARD BRUTON,

Minister for Jobs, Enterprise and Innovation.

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 further amend the Safety, Health and Welfare at Work (Construction) Regulations 2006 ( S.I. No. 504 of 2006 ), as previously amended by the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2008 ( S.I. No. 130 of 2008 ), the Safety, Health and Welfare at Work (Construction) (Amendment) (No. 2) Regulations 2008 ( S.I. No. 423 of 2008 ), the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2010 ( S.I. No. 523 of 2010 ) and the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2012 ( S.I. No. 461 of 2012 ), by deleting Regulation 4(5) and substituting revised provisions for Regulations 87(1)(e) and Schedule 6.

The revised provisions for Regulations 87(1)(e) and Schedule 6 provide that all transport vehicles, earth moving machinery and materials-handling machinery used for construction work on site have, in circumstances where the operator’s visibility is restricted, appropriate devices installed to improve visibility.