Element 1 Construction Law & Management

Question 1

Give a definition of “Structure”?

Answer 1

Any building, timber, masonry, metal or reinforced concrete structure, caisson, mast or tower.

Question 2

Give a definition of Excavation?

Answer 2

Work carried out below ground level.

Question 3

Identify the 5 stages for Construction Work, from a Health & Safety perspective?

Answer 3

• Concept and feasibility….Design, layout and construction methods are decided and developed.
• Design and planning….Specifications, final drawings and notification to the authorities.
• Tender/selection….Selection process for the Principal Contractor.
• Construction phase….Construction work is planned, programmed and prepared. Then carried out and managed throughout.
• Commissioning and handover….Bringing the project into operation, handover to Client.

Question 4

Give a definition of “Project”?

Answer 4

All work on a construction development, including planning, design, management and all construction work until the end of the construction phase.

Question 5

When planning and managing construction projects, list some particular issues/considerations?

Answer 5

• Transitory Nature of Workers….competency, training, knowledge, ill-health, behaviour.
• Temporary Nature of Construction Activities and the Constantly Changing Workplace….different tasks, stages.
• Time Pressures from Clients and Principal Contractors.
• Weather Conditions….external/internal, time of year, safety implications.
• Levels of Numeracy and Literacy of Workers….communication issues, different backgrounds.
• Non-English Speaking Workers…..communication issues.

Question 6

Identify the main reasons why an organisation has to manage Health and Safety?

Answer 6

• Legal
• Moral
• Financial

Question 7

Identify the typical areas where statistically high numbers of injury occur?

Answer 7

• Falls from height
• Slips, trips and falls occurring on the same level
• Being struck by falling/moving objects
• Manual handling

Question 8

Give a definition of “Notifiable”?

Answer 8

The relevant enforcing authority (HSE, ORR, ONR), must be informed if the project is expected to last longer than 30 working days AND have more than 20 workers working on the project at any one time, or exceed 500 person days.

Question 9

Give a particular Client duty?

Answer 9

• To ensure that both the principal designer and principal contractor comply with their duties.
• To make suitable arrangements for managing a project….sufficient time, resources, etc.

Question 10

Give a particular duty of the principal designer?

Answer 10

• Responsible for managing the pre-construction phase of the project.
• Ensure designers carry out their duties.
• Prepare and provide relevant information to other duty holders.

Question 11

Give the particular responsibilities/duties of the principal contractor?

Answer 11

• Manage the construction phase of the project.
• Prepare the Construction phase plan.
• Co-ordination of Sub-Contractors.
• Ensure implementation by the contractors of legal requirements for health and safety.
• Ensure that employers apply the general principles of prevention and follow the construction phase plan.
• Ensure that a suitable site induction is provided, steps taken to prevent unauthorised access to the site and that adequate welfare facilities are provided.
  Liaise with the principal designer and share information.
• Ensure workers are competent and consulted in securing health and safety.

Question 12

Define an “F10”

Answer 12

This is the form from the HSE - “Notification of a Construction Project” - that is completed by the Client BEFORE a project starts.
It is sent to the HSE and a copy must be displayed on site.

Question 13

What does ORR stand for?

Answer 13

Office of Rail Regulation

Question 14

What does ONR stand for?

Answer 14

Office for Nuclear Regulation

Question 15

Explain what key information should be included in the “Pre-Construction information”?

Answer 15

• The project, such as the client brief and key dates of the construction phase.
• The planning and management of the project, such as resources, time allocation, arrangements to ensure coordination between duty holders.
• The health and safety hazards of the site, including design and construction hazards.
• How health and safety hazards will be addressed.
• Any relevant information in an existing health and safety file.

Question 16

List the type of work that involves “Particular Risks” according to Schedule 3 of CDM 2015?

Answer 16

• Burial under earth falls or falling from a height.
• Dangerous exposure to chemical or biological substances.
• Ionising radiation requiring controlled or supervised areas.
• Work near high voltage power lines.
• Drowning.
• Work on wells, underground earthworks and tunnels.
• Diving.
• Work in a compressed-air atmosphere.
• Use of explosives.
• Assembly or dismantling of heavy prefabricated components.

Question 17

List what the “Construction Phase Plan” will contain?

Answer 17

• A description of the project, key dates and details of key members of the project team.
• The management of the work.
• The health and safety aims of the project.
• The site rules.
• Arrangements to ensure co-operation between project team members and coordination of their work, such as regular site meetings.
• Arrangements for involving workers.
• Site induction.
• Welfare facilities.
• Fire and emergency procedures.
• The control of any particular risks where they are relevant to the work involved.

Question 18

List what the “Health and Safety File” will contain?

Answer 18

• A brief description of the work carried out.
• Appropriate drawings of structures and layout of services.
• Survey information and groundwork plans.
• Location of services (Water, Gas, Electricity, etc).
• Key structural issues and safe loading of floors, roofs, etc.
• Safety information regarding any hazardous substances or materials used.
• Information regarding maintenance issues, e.g. Window cleaning.
• Access to plant and equipment and the methods that should be adopted.
• Manufacturers instructions and manuals for new equipment include in the project.

Question 19

List some examples of where information can be obtained from externally?

Answer 19

National legislation (e.g. Regulations).
Approved codes of practice (guidance notes published by HSE).
Standards published by the British Standards Institution (BSI).
Manufacturers information (operating instructions for equipment).
Trade associations ( CITB, CIRIA).
Professional bodies (IOSH).
Safety journals and magazines.
International bodies and agencies (e.g. European Union).

Question 20

For legal purposes, list the types of work that make up “Construction Work”

Answer 20

• Building works
• Renovation
• Alteration
• Maintenance
• Civil engineering or Engineering construction work
• Decommissioning
• Demolition and dismantling