The main regulatory text concerning construction site safety is represented by Legislative Decree 81/08 and specifically by Title IV of the same, entitled “Temporary and mobile construction sites”. This chapter is none other than the old Legislative Decree 494 of 1996 which, after countless changes and additions, was repealed and inserted within the TUSL.

This section consists of 17 articles, from 88 to 104 inclusive, and 9 Annexes, which refer exclusively to construction sites (from Annex X to Annex XVIII). It is clear that the rule is not, however, governed exclusively by these sections, as other articles or Annexes of Legislative Decree 81/08 are applied in a more generic way in the workplace, such as Annex XIX, concerning safety checks on metal and fixed scaffolding, which may concern not only a temporary and mobile construction site, but also a maintenance intervention managed by the Customer in Title I.

What is a temporary and mobile construction site?

With reference to Article 89 and Annex X, “temporary and mobile construction site” or more simply “construction site” is defined as any place where construction or civil engineering works are carried out, including, by way of example, construction, maintenance, demolition, renovation of fixed, permanent or temporary works, in masonry, reinforced concrete, metal, wood or other materials, including the structural parts of the plant works.

This definition assumes a fundamental role and the priority task of the Customer is to establish, first of all, whether or not the activity to be carried out falls within the scope of Title IV.

It is in fact clear that the management of the works in Title IV provides for costs to be borne by the Client not secondary, especially in relation to the appointment of Safety Coordinators and related bureaucratic tasks, but it is also true that this choice is not “discretionary”. More than twenty years after the entry into force of the Construction Sites Directive, it still happens to hear the phrase “the Client has decided to manage the work in Title I through a DUVRI, as it was a maintenance or plant engineering intervention”.

This does not mean that these interventions must be managed compulsorily in Title IV, but simply that before deciding on the scope, it is advisable to re-read Annex X and in case of doubt about the applicability or not contact a trusted consultant.

The extension of the scope of application, by the legislator, also to interventions on structural parts of plant works means in fact that if the activity involves building interventions such as traces, small demolitions, excavations of modest entity or interventions on elements of support to plants of various kinds, the intervention falls as a whole within the definition of “temporary and mobile construction site” and consequently all the obligations referred to in Title IV are triggered.

On the contrary, the undue adoption of Title IV, in a more precautionary perspective, does not provide for risks or responsibilities on the part of the Client; but even in this case it is not advisable as it represents an unnecessary cost borne by the same.

When does Title IV of Legislative Decree 81/08 apply?

In the event that the activities fall within one of the cases provided for in Annex X of Legislative Decree 81/08, Title IV applies.

However, the legislator has provided for an important simplification for small construction sites where the presence of only one executing company is foreseen, or the non-mandatory nature of appointing the Coordinator in the design phase and in the execution phase, since there are in fact no interference problems.

Otherwise, in the event that the presence of several executing companies is foreseen, even if not simultaneously, the Client or the Works Manager, together with the assignment of the design assignment, has the obligation to designate the Design Coordinator (CSP) and before awarding the works to designate the Safety Coordinator during the Execution phase (CSE).

However, it is important to underline the fact that the identification of a single contractor does not allow it to subcontract one or more activities. In order not to fall within the appointment obligations indicated above, it will be the responsibility of the Customer to explain in the contract that the company can not in any case subcontract the works and ensure during the work that this clause is respected.

In the event of an accident at work and failure to appoint the CSP/CSE (where required by law) the civil and criminal liability profiles borne by the Customer are particularly heavy.

Another aspect to underline is that even in the presence of only one executing company, the Client is always obliged to verify the technical and professional suitability of the company according to the specifications set out in Annex XVII and send the preliminary notification in the event that the presumed amount of work exceeds two hundred man-days.

If you want to deepen the topic related to the methods of verification of the Technical Professional Suitability of companies (ITP), consult the article “Who deals with the verification of the Technical Professional Suitability of Companies“.

Penalties to be paid by the Customer

At the end of this article we would like to emphasize that the Customer is punished:

• with the arrest from three to six months or with the fine from 3,071.27 to 7,862.44 euros for the violation of Article 90, paragraphs 3, 4 and 5; or the failure to appoint the CSP and the CSE even if the appointment obligation is triggered during the work for the entry of a second company not initially foreseen
• with the arrest from two to four months or with the fine from 1,228.50 to 5,896.84 euros for the violation of Article 90, paragraph 9, letter a), or for failure to verify the technical professional suitability of an executing company

In relation to the above it is of fundamental importance for a Client, when carrying out even partially construction interventions, to carefully evaluate the scope of Title IV, to carry out the verification of the company’s ITP, to appoint the CSE and CSE and to transmit the preliminary notification (where necessary) and above all to make use of the support of an RDL in the event that you do not have adequate skills to manage these issues.

Do you have doubts about whether or not the activities to be carried out within your company or property fall under Title IV?

SV Srl, thanks to its twenty years of experience in the sector, is able to promptly provide you with support for all issues concerning construction site safety.

Contact us now to request information

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The preparation of the PSC is governed by Title IV of Legislative Decree 81/08 (TUS) in the context of a temporary and mobile construction site hereinafter referred to as “construction site”, i.e. any place where construction or civil engineering works are carried out.

Specifically, ANNEX X defines as construction sites:

Construction, maintenance, repair, demolition, conservation, rehabilitation, renovation or equipping, conversion, renewal or dismantling of fixed, permanent or temporary works of masonry, reinforced concrete, metal, wood or other materials, including structural parts of power lines and structural parts of electrical installations, road or railway works,  hydraulic, maritime, hydroelectric and, only for the part involving construction or civil engineering work, reclamation, forestry and earthworks works. As well as building construction or civil engineering works, excavations, and assembly and dismantling of prefabricated elements used for the realization of construction or civil engineering works.

As can be seen, many activities fall within the scope of Title IV, from the renovation of an apartment, to the plant adaptation of a plant to a forestry arrangement.

Who prepares the Safety and Coordination Plan for a construction site?

Within a construction site, the subject who has the obligation and skills to prepare the PSC, is the Coordinator for safety in the design phase (CSP).

The tasks and responsibilities of these are defined by Article 91 of Legislative Decree 81/08.

The CSP during the design of the work and in any case before the request for submission of offers provides for the preparation of the Safety and Coordination Plan (PSC) and the preparation of the Technical File of the work (FT).

When is the Safety and Coordination Plan mandatory?

In construction sites where there is the presence of several executing companies, even if not at the same time, the client, together with the assignment of the design assignment, designates the design coordinator (CSP) who, as already indicated, has the obligation to prepare the PSC.

What responsibilities does the Client have for the contents of the PSC?

Article 93 of the TUS – Responsibilities of clients and project managers – paragraph 2 establishes that “the designation of the coordinator for the design and the coordinator for the execution of the works, does not exempt the client or the person in charge of the works from the responsibilities related to the verification of the fulfillment of the obligations referred to in Article 91, paragraph 1” or from the verification of the correct preparation of the PSC.

It is clear that in most cases the Client (especially if private) does not have the technical skills to verify the suitability of this document, but this does not exclude a profile of co-responsibility especially in the context of complex building interventions or in relation to the choice of the CSP based only on economic criteria.

But how do you avoid civil and criminal liability on the adequacy of the SGP?

The aspects that the Customer (especially if a company) must evaluate are:

• CSP requirements by requesting the specific CSP/CSE attestation and related updates (valid for five years)
• Skills of the CSP through the analysis of previous experiences on similar jobs (through the CV)
• Compliance with the minimum contents of the PSC.

On this last issue (more complex to analyze) our suggestion is to check if it respects in a macroscopic way the specifications indicated in the following paragraph and in particular if:

• is specific and detailed of the construction site in question
• contains photos and graphics
• contains a work schedule
• assesses the risks (including interference) related to the individual work phases

What are the minimum PSC contents? Analysis of Annex XV of Legislative Decree 81/08

According to Annex XV of the SUP, the PSC must contain:

• the identification and description of the work, explained with the particulars of the construction site, the description of the context in which the intervention area is located and a summary description of the work, with particular reference to the design, architectural, structural and technological specifications of the same;
• the identification of subjects with security tasks, showing the names and references of the subjects already identified such as: RdL, CSP and CSE and of the main functions with top roles in security matters
• a specific section (to be completed by the CSE) with the list of executing companies and their references (registered offices and names of employers);
• a report concerning the identification, analysis and assessment of concrete risks, with reference to the area and organization of the construction site, the works and their interferences;
• the indication of the design and organizational choices, as well as the preventive and protective measures, with reference to the site area, the organization of the construction site and the works
• the indication of the operating requirements and of the preventive and protective measures and the personal protective equipment to be used in relation to interferences between the processes
• coordination measures relating to the common use by several companies and self-employed workers, as a choice of work planning aimed at safety, of collective protection equipment, equipment, infrastructure, means and services;
• organisational arrangements for cooperation, coordination and mutual information between employers;
• the planned organisation of the first aid, fire-fighting and evacuation of workers,
• the analysis of the expected duration of the work phases and the work sub-phases taken from the work schedule provided by the Client
• the calculation of the presumed size of the construction site expressed in man-days;
• estimating the costs of security

In relation to point 2.1.3 of Annex XV, the complementary and detailed procedures to the SGP related to the autonomous choices of the executing companies, to be explained in the SOPs, must also be indicated.

With reference to the construction site, the PSC must also contain the analysis of the elements related to the state of the places that may determine interference criticalities such as:

• presence of airlines and subservices
• external factors that pose risks to the construction site, with particular attention to the surrounding vehicular traffic
• any risks that construction work may entail for the surrounding area (such as noise, dust, material fall from above).

The PSC must also analyze the phases and sub-phases of work by assessing the risks potentially present, with reference to the area and organization of the construction site, to the processes and their interference, with particular attention to the risk of:

• investment from vehicles circulating in the construction site area
• Burial in excavations
• fall from above
• resulting from the demolition and maintenance of preserved parts
• fire and explosion for hazardous processes and materials used on site
• electrocution
• noise
• related to the use of chemicals.

The PSC, moreover, for each element referred to in the previous points must report:

• the design and organizational choices aimed at defining the preventive and protective measures required to eliminate or minimize the risks of each individual phase of work as well as the related coordination measures

With reference to the interference between the processes and their coordination, the PSC will also report:

• a detailed analysis of work interferences with the help of the work schedule
• the operational requirements for the spatial or temporal phase shift of interfering processes and the procedures for verifying compliance with these requirements
• where risks of interference remain, preventive and protective measures and personal protective equipment to minimise such risks.
• coordination measures relating to the common use of collective protection facilities, equipment, infrastructure, assets and services.

The PSC must also be accompanied by drawings, relating to safety aspects, including the timing of  the processing and explanatory tables of the preparations (including scaffolding and provisional works) and the most critical operational phases.

PSC: why turn to construction site safety experts?

Too often, in the context of a temporary and mobile construction site, technicians (architects, engineers and surveyors) are forced to deal with multiple issues, from design to construction supervision, from energy efficiency to structural ones, from building practices to cadastral ones.

It is clear that only professionals specialized in safety and hygiene at work are able to better manage all issues related to site safety, preparing PSCs that comply with legal requirements and protect customers

Need to set up a PSC and appoint a CSP?

SV Srl, thanks to its twenty years of experience in the sector, is able to provide you with a fast, economical and professional service.

CONTACT US NOW TO REQUEST INFORMATION

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Safety on construction sites: standards and prevention

The legislation on safety on construction sites is very articulated and has its roots in 1956, with Presidential Decree 164/1956 (Rules for the prevention of accidents at work in construction). That provision did not yet include a key element for safety, namely risk analysis and planning of measures to combat them effectively. Subsequently, the European Community issued the Construction Sites Directive 92/57/EEC for the management of temporary or mobile construction sites. In Italy this Directive has been implemented through Legislative Decree 494/1996 with variations with respect to the original standard. With this Decree, important provisions have been introduced on the use of personal protective equipment (PPE) and collective protective equipment (DPC). Finally, with Legislative Decree 81/2008, defined as the consolidated text on safety at work, Legislative Decree 494/1996 was repealed and included in the TUS in Title IV, a chapter specifically dedicated to the rules to ensure safety on construction sites.

Safety on construction sites: PSC, PSS and POS

The PSC stands for Safety and Coordination Plan, and is the document necessary for safety planning on construction sites where several executing companies are planned at the same time. The PSS,  on the other hand, corresponds to the replacement Safety Plan, which represents the document to be prepared, in the case of public works, for construction sites with a single executing company. Finally, the POS, or the Safety Operational Plan, is the document that the Employer of the executing company draws up for the safe planning of its activities. A correct planning of the construction site must necessarily identify:

• analysis of operational activities
• identification of the subjects that intervene on site
• analysis of the schedule of activities
• analysis of work interferences.

Safety on site: risk analysis

The purpose of risk assessment is to identify the most appropriate interventions to prevent diseases and accidents at work and, in general, to reduce the possibility of harmful events occurring. Protective measures, on the other hand, tend to limit the negative effects of a possible harmful event.

Specifically, the interventions that the Customer must adopt are:

1. organizational, operational measures and technological updates;
2. technical measures of collective and individual prevention and protection;
3. provide for the provision and use, by all workers, of adequate personal and collective protective equipment;
4. information, training and training activities for workers.

Safety on construction sites: training and information

The risks associated with working on construction sites are many and can be traced back to several factors:

• risks related to organizational deficiencies
• interference between work activities
• Risk of falls from height
• Investments and crushing
• Exposure to noise and vibration
• Risk of contact with chemical agents or substances
• Biohazard

Learning about these risks (and others of a specific nature) reduces the likelihood of potentially harmful events occurring.

Very important tools, in the field of safety on construction sites, are the training, information and training of workers, essential elements to increase the awareness and sensitivity of each worker.

Do you need to appoint the CSP, CSE or RdL for your construction site?

SV Srl, thanks to its twenty years of experience in the sector, is able to provide you with a fast, economical and professional service.

CONTACT US NOW TO REQUEST OUR SUPPORT

L'articolo Safety on construction sites: prevention and protection proviene da Safetyone.it.