OSH IN CONSTRUCTION INDUSTRY

(MANAGEMENT) [OSHCIM] GUIDELINES

for Designers
OSH ownership
• OSH has been the poorest performing end of the
industry Why we are here
• more workers are getting killed each year while
working on your project. OSH Ownership
• they may not be your workers, but are employed by
the contractor to build on your behalf
• without commitment and influence from clients/
developer, little likelihood of an improvement can be
made. 2
In essence, the objective of managing OSH in design is to

maximise the opportunity

to eliminate hazards and
reduce risk in the design,
through the early consideration of how the structure will be

built, used, cleaned, maintained, repaired and eventually Why OSHCIM?

demolished.

By ’getting it right the first time’, the process Opportunity to manage OSH in design
during construction project
would avoid the need for redesign. The need for

redesign would add cost and time,

depending on project stages. 3
4
5
6
 re s
Green wall safety featu
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 re s
Green wall safety featu
8
 re s
Green wall safety featu
9
 re s
Green wall safety featu
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Source: http://www.dqi.org.uk
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Construction fatality rates
2012 - 2018
UK AU MY
20

14.6

12.8 13.4
16
10.9

12 7.8
6.3
6.8

3.1 3.3
4 3.1 3.3 3.3
3.0
2.2

1.8 1.7 1.6 1.9

1.4 1.4 1.3
0
2012 2013 2014 2015 2016 2017 2018
How much does it cost?

It is suggested that up to 90% of the accident cost

is hidden

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Accidents are like icebergs

On surface, we see On surface, we see

worker-related cost worker’s faults

Underneath, we
Underneath, we see management
see larger fault.
impact to the An inadequately
organisation controlled risk is an
indicative of a
mgmt. failing.

More than 90% of it is out of plain view!

Fragmentation of the project team
’Project team’ usually comprises a
combination of long-term team
members (client organisation and its Construction
key advisers) and transient, shorter- Workforce
term members (suppliers, Construction
contractors, sub-cons) Management
Project
Management ses
Those with greatest power are at rea
inc
least risk – those with least power sk
Ri
are at the greatest risk Client
It seems only fair and equitable that
they take their share of the ownership
of risk environment which they have
created
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Ability to influence safety1

Conception Detailed Design Procurement Construction Start Up

Maximum
High return on
efforts Maximum
resources
Ability to Influence deployment
on safety

Costs
Resources
Low Deployed

Project Schedule
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1 R. Szymberski, “Construction Project Safety Planning” TAPPI Journal, 1997.
The proposal
OSHCIM will be embedded into Construction Works Regulations,
which in effect replacing BOWECS Regulations

• OSHCIM becomes the basis of the Construction

Works Regulations (similar to CDM 2015)
• OSHCIM Guidelines will become Industry Code of
Practice
• Enforcement Policy on how OSHCIM will be enforced

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 UK Construction Fatality Rate/100 000 workers
18
16
14
12
10
8
6 The impact
4
2
0
1970 1980 1990 2000 2010 2020
Prior to 1990, number of fatalities were ranged from 250 to around 150.
From 1963 to 1975, deaths per year fell from 250 to around 150.
Prior to CDM 1994, accidents on site were viewed as exclusively the
responsibility of the contractors involved.
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The Factories and Machinery Act (Act 139) takes a very different
and much more prescriptive approach to
workplace risk. Prescriptive law
It sets out in prescriptive detail precisely what
a duty holder faced with a particular situation
must do.

This approach takes

away the responsibility “Confusing mix of regulatory approach.
HSE Report 2017
on a duty holder to carry out a risk
assessment and adopt an approach which meets the
‘goal’ of Act 514, and instead simply tells a duty holder what to
has taken on the ownership
do. In effect the Gov.
of the decision about how to address a
particular risk and issued an instruction to
industry to do what it is told to do.
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Prescriptive – defining what must be done in all situations

However, It is impossible to legislate for every

eventuality and combination of circumstances

Prescriptive law

“Confusing mix of regulatory approach.

HSE Report 2017

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The Occupational Safety & Health Act (Act 514) is fundamentally

risk-based, ‘goal-setting’ legislation. The

term ‘goal setting’ when used in this context means that the

legislation does not set out to tell those who have duties under it,

simply the
what they must do to achieve compliance with it,

goals, or end result, which they must achieve. Why OSHA?

The implications of this type of legislative approach is that duty

holders have look at their own specific

to

circumstances, make an assessment of the

“Confusing mix of regulatory approach.
risks which they are creating through their work activities, and HSE Report 2017
decide for themselves what precautions or control
measures they need to implement to ensure that
the goal is achieved.
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OSHA 1994 imposes several ‘general duties’ to everyone at work.
3 of these duties (S15, S17 & S18) combine to impose
obligations on everyone involved in a project.

1. S15 – general duties of employers to their

employees
• fundamental duty to ensure safety of employees will always
exist, whatever circumstances of a project Why OSHA?
• even after fully compliance with particular regulation does
not necessarily discharge all responsibilities
• employee’s safety may be dependent on other people
activity, a contractor who is on the premises. Eg, employer
has a duty to ensure safe system of work for its own “Confusing mix of regulatory approach.
employees, to give information and instructions to the HSE Report 2017
visiting workers or to coordinate their activities with
the contractors (R. v. Swan Hunter Shipbuilders Ltd [1981] ICR
831).

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2. S17 – General duties of employers & self-
employed to persons other than their employees
• application of this section is broad, ‘undertaking’ – not just
business carrying out physical work, such as constructor, but
also services or trading & maintenance provider

• In principle, anyone
involved with the project is
charged with this general duty. Why OSHA?
• Employer appoints constructor to do work is himself
‘conducting his undertaking’ since the employer has capacity
and opportunity to exercise control over the activity (R. v.
Associated Octel Co. Ltd [1996] 4 All ER 846)
“Confusing mix of regulatory
approach.
HSE Report 2017

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3. S18 – General duties of person concerned with
premises to persons other than their employees
• further stress duty of employers to other person not their
employees, who have control of premises
• place liability primarily on the person directly controlling the
premises, access & egress and plant
• Extend of obligation is in accordance with control, and in
many circumstances, the control is shared.
Why OSHA?
• Duty holder includes anyone managing or undertaking
property maintenance, or installing or maintenance plant and
equipment (Austin Rover Group Ltd v. HM Inspector of Factories
[1990] 1 AC 619)
“Confusing mix of regulatory
approach.
HSE Report 2017

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What happened in the UK:

The HASAWA, is ‘general’ legislation, applying to all workplaces, and all

employees, irrespective of the nature of the activities being carried out in the
workplace.

Unlike most other work activities, construction is by its nature temporary,

transient and, at times, unpredictable, and this makes it a far greater
management challenge than most other sectors.
Why
The majority of the workforce could be classified as ‘temporary workers’ or
‘persons working in host employers’ undertakings’.
OSHCIM?
Thus, in 1993, the construction sector was provided with a bespoke version of “Confusing mix of regulatory
the regulations, specifically tailored to meet the needs of a project-based work approach.
environment. HSE Report 2017
The CDM Regulations came into force on 31 March 1995, to comply with
European Directive 92/57/EEC, the TMCSD.

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The proposed regulations would require different
approach to providing safer systems of work for
both What is OSHCIM?
the contractors of
engineered facilities and
those who would come after – during
maintenance, modification and,
ultimately, demolition of the structures.
“adaptation of CDM 2015
Accidents, rather than simply being the result of acts by
the workers involved, would now be viewed as being
(partly, at least) the
consequence of decisions
taken earlier in the design and
construction process by people who are
now not considered safety & health their
responsibility.
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Decisions by the client and their advisers on

1. what to build;
2. how much they are willing to spend; and
What is OSHCIM?
3. the programme duration allowable for the completion
of the project

are now viewed as having a bearing on the “making the client’s and designer’s
attitudes and behaviour of the construction duties explicit for the first time
workforce.

This can be classified as secondary causation

(underlying/root causes).

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Likewise,
the designers –
architects,
structural engineers, and
What is OSHCIM?
process and building services designers,
both individually and in collaboration –

are considered to have the capacity “making the client’s and designer’s
to reduce exposure to high-risk situations of duties explicit for the first time

both
the construction workforce and, subsequently,
those carrying out maintenance and repair work on the
facility.

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In the design of components of the building or structure,
consideration is to be given,
for example,
to reduce the amount of work at height, What is OSHCIM?
to reduce the need for manual handling of large
components, and
to eliminate works that require tools for drilling,
breaking and scabbling that can expose workers to
excessive vibration.
“5 key dutyholders: client, PD, designer,
In the specification of substances – chemical compounds such PC, contractor.
as concrete and mortar additives, paints and other
coatings –

designers are expected to assess

possible damaging effects on human health and
to consider substitutions with less harmful products,
subject to quality and performance considerations.

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 Provide & maintain suitable
1 arrangement for project management
2
Establish procedure to promote &
facilitate communication & coop.

3
Ascertain competency before

Duty of Clients appointment | Appoint PD & PC

4
Prepare PCI & provide to designer
overall responsibility and influence over the setting up of the & constructor
project; appointment of designer & constructor; procurement
method; contract arrangements; and allocation of resources.

5
Ensure CPP has been prepared

6
Ensure min. welfare facilities will before start cons. phase
be provided

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 COMPETENT COOPERATE

01 Assess own competency |

Ascertain competency before
appoinment
02 Identify duty holders to cooperate

PLAN, MANAGE,
Duty of Principal MONITOR & COORDINATE

Designer 03 Make arrangements to plan, manage,

monitor and coordinate pre-construction
phase | Apply general principle of
prevention

influence over design process COMMUNICATE

create a culture during pre-cons where everyone is
working together in a coordinated way, with a clear
focus on minimizing risk to workers.
04 Receive PCI from client & provide
to designer & constructor

ASSESS RISK

05 Identify foreseeable hazards before, during and after construction phase during work, maintening & cleaning
| Eliminate foreseeable risks, or reduce or control risks through design process, and provide info.

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 Who is designer?
Any person (incl. a client, contractor) who in the course or
furtherance of a business–
a) prepares or modifies a design; or
b) arranges for, or instructs, any person under their control to do
so,
relating to a structure, or to a product or mechanical or electrical
system intended for a particular structure, and a person is deemed to
prepare a design where a design is prepared by a person under under
their control
What is design?
includes drawings, design details, specifications and bills of
quantities (incl. specification of plants or substances)
relating to a structure, and calculations prepared for the
purpose of a design
What designer must do?
Consider during the design process, the safety and health of those who
are going to construct, repair and maintain a structure, and even how it
might be demolished.
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How to do it?
• You must identify hazards associated with your
designs, and then
• determine control measures, according to hierarchy
1. avoid – alter/ amend the design;
2. combat at source – design in details which
reduce the risk, e.g. provide lifting points for
items which require lifting;
3. control the risk – provide protective measures,
i.e. introduce measures to protect the entire
workforce. PPE is the last resort.
• pass information about residual risk to the
contractor.
• If inherent risks remain after completion, advise
client or operator of building (in SHF), to ensure
risks are managed during operation of the facility
 It is designer’s duty to assess if hazards can be avoided, and if they cannot,
look for ways to give general protection before considering protection of
the individuals most at risk.
Stability of partially erected
structure
Falls from height Include in your drawings, notes and
Where possible, consider whether details which draw to the attention of
designs can be prefabricated at the contractor, the need for temporary
ground level, thereby reducing the bracing, where it should be located and
risk of falls during construction for how long it must remain in place.
This information is also valuable for
demolition contractor.

Green wall features

Health hazards of paints To eliminate risks of falling from
Modern paints often require
special applications or perhaps heights during maintenance of a 10m
the use of respiratory tall external green wall façade,
equipment during application. design a green wall with rotatable
Is there a less hazardous green wall panels and access
alternative? If there is not, walkway inside the building so that
inform constructor, record the the maintenance of the green wall
selection process in writing for can be done from the walkway.
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evidence.
 There are many examples to be found
where there is a clear link between
design decisions taken for economic or
project success reasons that have also
delivered successes in health and safety.

Certainly health and safety management will add

costs to any project and in some cases these
costs may exceed the commercial benefits that
accrue.

Nevertheless there are a great many cases where

creative thought, driven by the need to
deliver success, has also delivered
improvements in health and safety.

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 Early decisions are the ones that deliver
the largest benefits in most cases.

Designers are frequently client advisers and early

contributors to projects and so must have an
enormous potential to deliver successful
projects where the wellbeing of all has also
benefited from particular decisions.

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 Cooperate Plan, manage,
Competent monitor &
Identify duty holders to
cooperate | Make coordinate
Assess own competency | arrangements to enable all Make arrangement for it
Ascertain competency workers to cooperate | during construction phase
before appointment Set out procedure for coop. | Apply general principles
betw. constructors & of prevention
coordination of their work

Duty of Principal Constructor

influence over cons. method & during cons. phase
create a culture on site where everyone is working together in a coordinated
way, with a clear focus on minimizing risk to workers & public.

Communicate Construction
Share with PD information Phase Plan Provide facilities
relevant to planning, mgmt. Draw up CPP before set up Make arrangements or
& coordination during pre- site | Review, update and provide welfare facilities
cons. | Ensure suitable site revise CPP
induction is provided
 It is important that stakeholders are
aware of the responsibility thrust upon
them individually and severally
throughout the entire process

Proposed Stakeholders Modules are being developed:

Training
In 2003 (~10 yrs after CDM 1st published), HSE found that
only 8% of designers had taken any formal training of
CDM.
• to ensure those who would be
entrusted with responsibilities are
made to understand clearly what their
responsibilities are;
• to explain what they should do to
comply (the how);
• to ensure common understanding;
and
• avoid misinterpretation/ manipulation.

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 TQ
FOR YOUR
ATTENTION

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