Coordination of Safety and Health at temporary or mobile ......3 Members of the working party " Coordination of Safety and Health at temporary or mobile construction sites "Germany

CCCoooooorrrdddiiinnnaaatttiiiooonnn ooofff SSSaaafffeeetttyyy aaannndddHHHeeeaaalllttthhh aaattt ttteeemmmpppooorrraaarrryyy ooorrr mmmooobbbiiillleeecccooonnnssstttrrruuuccctttiiiooonnn sssiiittteeesss ::: cccuuurrrrrreeennnttt ssstttaaatttuuusss

3

MMMeeemmmbbbeeerrrsss ooofff ttthhheee wwwooorrrkkkiiinnnggg pppaaarrrtttyyy """ CCCoooooorrrdddiiinnnaaatttiiiooonnn ooofff SSSaaafffeeetttyyy aaannnddd HHHeeeaaalllttthhh aaatttttteeemmmpppooorrraaarrryyy ooorrr mmmooobbbiiillleee cccooonnnssstttrrruuuccctttiiiooonnn sssiiittteeesss """

Germany Horst BUHR – Bau-Berufsgenossenschaft Bayern und SachsenAlois Georg SCHUTZ – Tiefbau BerufsgenossenschaftWolfgang STRAMPE – Fa. Ph. Holzmann AG

Austria Johann BARESCH – Allgemeine UnfallversicherungsanstaltBelgium Raymond JONGEN – Comité National d'Action pour la Sécurité et l'Hygiène dans la Construction

Carl HEYRMAN – Comité National d'Action pour la Sécurité et l'Hygiène dans la ConstructionRaoul VANRUTTEN – Comité National d'Action pour la Sécurité et l'Hygiène dans la ConstructionEmile DEMOULIN – TUC RAILPierre LORENT – Société Européenne pour la formation, le management et l'expertise de projetsAndré PELEGRIN – Fédération des Entrepreneurs Généraux de la ConstructionDenis DEMEY – Centrale Générale F.G.T.B.

Spain Luis Maria ARMENGOU MARSAN – Escuela Tecnica Superior de Arquitectura de BarcelonaMario LATORRE BADIA – Fundacion Laboral de la Construccion

France Eric CATTARRUZZA – Caisse Régionale d'Assurance Maladie d'Ile-de-FranceGérard BALLAND – Caisse Régionale d'Assurance Maladie d'Ile-de-FranceAlain FRAISSE – Organisme Professionnel de Prévention du Bâtiment et des Travaux Publics

Ireland Peter Mc CABE – Construction Industry Federation

Italy Francis LA FERLA – International Construction Institute

Luxemburg Paul ORIGER – HBH SA Coordination en Bâtiment

Netherlands Adri FRIJTERS – Stichting Arbouw

Portugal Luis M. ALVES DIAS – Instituto Superior Tecnico

United Kingdom Roger EVANS – Health and Safety Executive

Sweden Andreas PATAY – Arbetarskyddsstyrelsen

Switzerland Christian WEBER – Schweizerische Unfallversicherungsanstallt

USA Robert PLEASURE – Center to Protect Workers' Rights

Japan Teisuke MINAMIMOTO – Japan Construction Safety and Health AssociationKenji KAWANA – Japan Construction Safety and Health Association

4

FFFooorrreeewwwooorrrddd

The brochure we present here is the result of a synthesis of the information brought by the members of the working group.

We wish to thank all those who cared to help us, sometimes through very short deadlines, completing and validating thisdocument.

More specifically, we would like to thank the collaborators of the CNAC and the CRAMIF, without whom this documentwould have never existed.

5

AAA wwwooorrrddd fffrrrooommm ttthhheee PPPrrreeesssiiidddeeennnttt

There have been enormous technical, economic and social changes in the construction industry during this century, and, as aresult, this industry has become a centre for research and innovation recognized by all. Nevertheless, despite certain progressvarying from one country to another, the construction industry has always entailed a relatively high level of occupational risks.Internationalisation and interference of construction activities will further challenge prevention of safety and health in the 21st

century.

Wishing to develop an overall, multi-discipline approach of risk prevention in the construction industry, the InternationalSection for the Prevention of Occupational Risks in the Construction Industry has set up a working party presided byMr Carl HEYRMAN, Director of the Belgian Committee for Safety and Health in the Construction Industry (CNAC), in order toexamine how prevention of occupational risks arising from the simultaneous presence of various contractors at the same sitecan be stimulated.

I am glad to present you herewith the result of this working group’s activities. At the same time I wish to thank therepresentatives of the participating countries as well as Mr. HEYRMAN for having finalized their research in such a short time.

Basing itself on this study, the International Section hopes to orientate all parties concerned in the construction industry i.c.clients/contracting authorities in the private and public industry, architects, engineers, contractors, workers, employers’ andworkers’ representatives, occupational physicians, engineers, safety specialists, occupational psychologists and ergonomists...

We hope that as you read through this brochure, you will want to take part in our future work.

THE PRESIDENT of the ISSA International Section for the Construction Industry

Marc SCHNEIDER

7

CCCooonnnttteeennntttsss

1 Introduction ........................................................................................................................................................................................................................................ 8

2 Presentation of the study .................................................................................................................................................................................................................... 10

3 General overview ................................................................................................................................................................................................................................ 12

4 Coordination of safety and health in the design stage ..................................................................................................................................................................... 18

5 Coordination of safety and health during the construction stage ................................................................................................................................................... 32

6 Coordination of safety and health during subsequent maintenance work .................................................................................................................................... 53

7 Profile of the coordinator for the design stage ................................................................................................................................................................................. 59

8 Profile of the coordinator for the construction stage ....................................................................................................................................................................... 67

9 Supervision - Sanctions ...................................................................................................................................................................................................................... 75

10 What has been achieved ? .................................................................................................................................................................................................................. 81

11 Motivation ........................................................................................................................................................................................................................................... 89

12 Other topics ......................................................................................................................................................................................................................................... 93

13 Conclusions ......................................................................................................................................................................................................................................... 99

8

111 IIInnntttrrroooddduuuccctttiiiooonnn

In view of the international Symposium on " Safety and Health in the Construction Industry in the 21stcentury " organized by the ISSA International Section for Prevention of occupational risks in theConstruction Industry and by the Austrian Accident Insurance Association (AUVA), an internationalworking group has been established.

The objective of this group is to promote an exchange on the application of safety and healthcoordination in the various countries represented.

The working group met for the first time at the CNAC on February 18 and 19, 1999 under theChairmanship of Carl HEYRMAN, Vice-President of the International Section for the ConstructionIndustry. The participants came from 15 different countries on three continents.

To prepare the meeting under the best conditions, a questionnaire was drafted and handed over to theparticipants ; it dealt with the application of coordination in the construction industry in the design stage,the construction stage and during subsequent maintenance works.

This brochure is the result of the exchange of information and the comparison of situations in thecountries represented.

As the brochure shows, coordination of safety and health matters is relatively recent in most of thecountries represented so that it is impossible at this time to compare its results.

As all participants agreed that a further exchange of results and experiences on safety and healthcoordination is essential, it was decided to regularly gather the members of the working group in the future.

9

With this brochure, we hope having taken the first step in the international exchange of information onsafety and health matters on temporary or mobile construction sites.

10

222 PPPrrreeessseeennntttaaatttiiiooonnn ooofff ttthhheee ssstttuuudddyyy

!!!! Description of the problem

The prevention of health and safety risks in the construction industry has taken on new orientations inrecent years. The control of risks in construction operations first focused on reducing dangers for thesafety and health of workers on the construction site. Collective and individual prevention measureswere developed to protect the workers at the place of work, independently of the nature of the projectand the particular conditions at the site. Subsequently, actions have been undertakene to preserve theworkers’ safety and health at the design stage of the project.

Although these measures have led to a significant progress in decreasing accidents and diseases, otheritems remain to be examined such as the risks created by the presence of various contractors workingsimultaneously or in succession at the same site, creating a " mixture " of working methods, processes,the skills and company attitudes remain to be examined.

The implementation of the European framework directive 89/931/EEC on general preventive measuresand of the directive on temporary or mobile construction sites (92/57/EEC) defining the principles and thepractical procedures for risk prevention in a specific professional industry, should provide an answer tothis problem. Knowing that safety and health coordination can only be effective when all stages ofconstruction operations have been considered – from design to completion and even to the subsequentmaintenance and repair operations – many countries have tried to develop strategies and analytical toolsin order to control the particularly high risks in this branch. This is also true for countries outside the E.C.which have developed other orientations as well.

In Europe, a lot of work has already been done to assess the scope of these official texts (by theEuropean Commission, the European Agency for information and training in Bilbao, the EuropeanFoundation of working conditions in Dublin...).

11

This being the case, what we have in mind is not the continuation of studies or experiences that havealready been assessed. We want to focus our research on the following questions : which tools, whichmethods should be developed to control safety and health in cases where various contractors areworking simultaneously or in succession at the same construction site ?

More precisely, how will the study and the implementation of the regulations and technical procedures,the development of site organization methods, improved information and training of those involved in theconstruction industry, lead to a better and more effective prevention policy ?

The working group has first of all reviewed the practices applied in the various countries with regard tothis topic, even in those countries that are not subject to regulations as specific as those to be applied inthe European Union.

!!!! Methods

In the first stage, a questionnaire was submitted to the participants dealing with matters such as :

• regulations in the field of prevention of risks related to the simultaneous contractors' activities,

• procedures for preventive actions at the design stage,

• procedures for preventive actions at the construction stage and during maintenance and repair work,

• the " profile " of the persons responsible for ensuring prevention,

• the real conditions for the exercise of the prevention assignment (role, status, powers...).

In a second stage, the experts of the working group gathered and exchanged their respectivecontributions and assessed the information received from the other countries.

This document is the summary of the activities of this international working group.

The role of information and training has intentionally only been briefly examined, as this item is beingexamined both by the ISSA International Construction Section and the Education and Training Section.

12

333 GGGeeennneeerrraaalll ooovvveeerrrvvviiieeewww

For quite some time, the construction industry has been concerned with the consequences of thesimultaneous exercise of various activities at a same site on matters of safety and health. An essentialdifference in this situation in the European countries appeared when a legislative framework was put inplace. Intense social and professional activity of the industry explains the delays between the adoption ofthe Directive and the dates of transposition, some of which are quite recent.

Application of the objectives of the Directive is based on the notion of construction activity and/or thenumber of persons involved in the process.

Nevertheless, it can be observed that all countries surveyed have developed a more or less detailed setof means and objectives to improve risk prevention and reduce the number of accidents and diseases.

Finally, what appears in the answers is the concern – varying from one country to the other – to controlthe conditions of access to the function of coordinator.

13

QQQuuueeessstttiiiooonnnsss

333...111 Is there in your country a legal obligation to coordinate safety and health during the design stage, the construction stage and themaintenance stage of a construction project ?

333...222 Is this obligation based on the european directive 92/57/EEC relating to the coordination on temporary or mobile construction sites ? Ifyes, since when has the directive been transposed into national law ?

333...333 Since when has this obligation been applicable ?

333...444 Under which conditions is this legislation being applied ?

333...555 Which construction activities do not come under this legislation ?

333...666 Under which conditions are foreign coordinators admitted ?

14

333...111 Is there in your country a legal obligation to coordinate safety and health during the design stage, the constructionstage and the maintenance stage of a construction project ?

Germany Austria Belgium Spain FranceYes, obligations in this matter have sincelong existed, originating from civil, penaland construction law.

Yes, the law on the coordination ofconstruction work (BauKG) ofJanuary 15, 1999. As in Germany,obligations have since long existed inAustria, originating from civil, penal andconstruction law.

Yes. Yes, since the publication of the royaldecree 1627/97 of October 24, 1997 layingdown the minimum safety and healthrequirements on construction and civilengineering sites (Official GovernmentBulletin of October 25, 1997).

Yes, coordination of safety and healthmatters is laid down in the " Code duTravail " (Labour Code) implemented bythe law 391/1418 of December 12, 1993and the decree 941/1159 of December26, 1994.

Ireland Italy Luxemburg Netherlands PortugalYes, statutory duties are covered by S.I.No. 138 of 1995 – Safety, Health andWelfare at Work (Construction)regulations 1995.

Yes. Yes. Yes. Yes.

United Kingdom Switzerland Japan USA SwedenYes, at each of these stages. Yes. There are general prescriptions (the

Industrial Safety and Health Law - ISHLaw) but there is no specific law in thismatter.

There is a general requirement underOSHA to implement safety and healthprograms as necessary but there is nolegal mandate that safety must beconsidered in the planning stage. In theconstruction process the employer isresponsible for providing a safeworkplace.

Yes.

333...222 Is this obligation based on the european directive 92/57/EEC relating to the coordination on temporary or mobileconstruction sites ? If yes, since when has the directive been transposed into national law ?

Germany Austria Belgium Spain FranceYes, since June 10, 1998. Yes, since July 1, 1999. Yes, since the royal decree of May 3,

1999 implementing chapter V of the lawof August 4, 1996.

Yes, Since October 24, 1997 (royaldecree 1627/97).

Yes.

Ireland Italy Luxemburg Netherlands PortugalYes (S.I. no. 138 of 1995). Yes. Yes, since November 4, 1994. Yes. Yes.

United Kingdom Switzerland Japan USA SwedenYes, by the Construction (Design andManagement) Regulations (CDM) of 19thDecember 1994.

No. No. No. Yes.

15

333...333 Since when has this obligation been applicable ?Germany Austria Belgium Spain FranceSince January 1, 1994 for public clientsand since July 1, 1998 for all clients.

Since July 1, 1999. Since August 1, 1999. Since December 25, 1998. Coordination of safety and health hasbeen applicable :– since March 1, 1995 for all construction

projects amounting to more than12 million FF in the design stage,

– since June 1, 1996 on all other projectsin the design stage,

– since May 6, 1995 for common S&Hservices to be set up.

The general obligations have to beapplied :– since May 6,1995 for the common S&H

services (CISSCT),– since January 1, 1997 for independent

workers.Ireland Italy Luxemburg Netherlands PortugalSince June 1, 1995. Since April 1, 1997. Since November 17, 1994. Since August 1994. Since July 1995.

United Kingdom Switzerland Japan USA SwedenSince March 31, 1995. Since 1977. Since 1964. Not applicable. Since April 1, 1995.

333...444 Under which conditions is this legislation being applied ?Germany Austria Belgium Spain FranceLegislation is applied on all constructionsites where construction, alterations ordemolition is undertaken.

When workers of various employers areoccupied simultaneously or in successionon the same site.

Applied on construction sites at whichconstruction or civil engineering worksare carried out according to a list.

Legislation is applied on all constructionand civil engineering sites defined in theNational Classification of EconomicActivities (CNAE).

Legislation is applied on all works ofconstruction and civil engineering on anenclosed and independent site andconcerns clients, architects, contractorsand coordinators.

Ireland Italy Luxemburg Netherlands PortugalLegislation applies to all work as definedunder Construction Work.

It depends on the nature of works, theduration (number of workers/days) andthe number of parties involved.

Applied on construction sites at whichconstruction and civil engineering worksare carried out according to a list.

Legislation is always applicable but theway it is applied depends on the durationof the works, their nature and the numberof parties involved.

On all construction projects.

United Kingdom Switzerland Japan USA SwedenAll demolition work and all constructionwork involving 5 or more persons at site.

When different employers are at work onthe same construction site.

When different employers are employedon the same construction site.

European directive not applicable. OSHArequirements to be applied as necessary.

Depends on the nature of the works.

16

333...555 Which construction activities do not come under this legislation ?

Germany Austria Belgium Spain France

Legislation does not apply to work ofembellishment and ordinary maintenancework.

Drilling and extraction in the extractiveindustries as well as certain workersemployed by the " Länder ", townships orthe federal government in offices forwhich the law to protect federalemployees is applicable.

Drilling and extraction in extractingindustries as well as assembly ofequipment.

Extracting industries in the open air,underground or by means of boring areexcluded since they will be regulated byspecific standards.

Legislation only applies to constructionand civil engineering work on anenclosed and independent site.

Ireland Italy Luxemburg Netherlands Portugal

Work on domestic dwellings which arenot part of a trade, business oruntertaking.

Drilling and extraction in the extractiveindustries.

Drilling and extracting in extractingindustries.

Dredging. Drilling and extraction in the extractiveindustries.

United Kingdom Switzerland Japan USA Sweden

Work involving no more than 4 persons,except demolition.

Applied to all activities. No activities are exempted from theapplication of the ISH aw.

Directive not applicable but a competentperson must correct recognized existingand anticipated hazards of any activity.

All construction activities are covered.

333...666 Under which conditions are foreign coordinators admitted ?


There is no limitation. However, the taskof coordinator is preferably entrusted tothe client’s own personnel.

There is no limitation. As long as the foreign coordinator meetsthe profile requested in Belgium.

Foreign coordinators are normally notadmitted, except when they are EU-members and possess the requiredknowledge.

They are admitted if they have had thesame training as acknowledged inFrance.


There are no limitations. There is no legal reference for thisquestion.

Not specified. Since there are no regulations for thecoordinator, not on his performance noron his competence, foreign people canexecute the job.

No restrictions are defined by law.


Provided they are competent todischarge the duties ; the country ororigin is not relevant.

There are no limitations. Foreigners are not excluded under theISH law.

Nil. There is no limitation for foreigncoordinators.

NNNooottteeesss aaannnddd CCCooommmmmmeeennntttsss

18

444 CCCoooooorrrdddiiinnnaaatttiiiooonnn ooofff sssaaafffeeetttyyy aaannnddd hhheeeaaalllttthhh iiinnn ttthhheee dddeeesssiiigggnnn ssstttaaagggeee

Safety and health coordination in the design stage has become vital to reduce overall occupational risks.The client/contracting authority has a fundamental role since he is required to appoint the projectcoordinator as soon as possible and to define his assignments and the extent of his powers in a contract.His field of activity includes the application of the general principles of prevention and the programmingof preventive measures adapted to the progress of the construction project.

Still, there is ambiguity between the legal requirements and the contractual regulations of the marketwhich can result in a conflict between the different needs : for instance how set minimal operating rulesfor coordination and at the same time adjust these rules to the reality of construction operations ? Howcan the project coordinator act as an adviser and at the same time supervise the proper application ofsafety rules ?

The coordinator in the design stage has a new professional responsibility since the quality of integrationof prevention also influcences the working conditions for the construction workers.

In this stage new responsibilities are imposed on certain " actors " : clients/contracting authorities, realestate developers, architects, engineering, design offices...

19


444...111 In which cases is safety and health coordination imposed in the design stage ?

444...222 Who is charged with safety and health coordination in this stage ?When exactly does this person have to be appointed ?

444...333 Who appoints this person ?

444...444 What are this person’s missions ?What documents does he have to make up, keep and update ?

444...555 What are this person’s responsibilities ?

444...666 Are his minimum performances legally laid down ?

444...777 Are his assignments, responsibilities, time schedule and means put to his disposal laid down in a contract ?If so, does the contract have to meet certain legal requirements ?

444...888 What is the relationship between client – designer – coordinator ?

444...999 What means does the safety and health coordinator in the design stage dispose of ?Can he impose measures or has he a mere advisory function ?

444...111000 Is payment of his performances legally arranged ?

444...111111 When does the assignment of the coordinator for the design stage end ?

444...111222 Are any specific safety and health trainings imposed for the designers of a construction project ?If so, what matters are treated during this training ?

20

444...111 In which cases is safety and health coordination imposed in the design stage ?


When workers of different employers areemployed on the same site at the sametime or in succession.

When workers of different companies orself-employed are employedsimultaneously or in succession on thesame site.

When workers of different employers areemployed simultaneously or insuccession on the same constructionsite.

When different designers are involved inpreparing the construction project.

For all construction and civil engineeringworks occupying two contractors or twoindependent workers simultaneously.


In all cases other than in the constructionof certain domestic dwellings.

In each case when the safety andcoordination plan is applied.

In each case when a safety and healthplan has to be established.

When it is expected that two or morecompanies or one company and one ormore self-employed will be involved.

Whenever the design is committed tomore than one person.


For every project where the ConstructionDesign and Management (CDM)Regulations of December 19, 1994 apply.

At the client’s request. Although there are no legal requirements,due consideration should be taken of theISH law and related regulations andexpenses for taking safety and healthmeasures should be calculated in thedesign stage.

This question does not apply since thereis no legal mandate that safety must beconsidered in the planning stage.

Safety and health during the design stagemust be coordinated for all constructionprojects.

21

444...222 Who is charged with safety and health coordination in this stage ? When exactly does he have to be appointed ?


The client carries out this function himselfor he can appoint a coordinator. It is notspecified when exactly the coordinatorhas to be appointed but it isrecommended that he be appointed asearly as possible.

The coordinator for the design stagemust be appointed at the start of designby the client or the project manager.

The coordinator for the design stage hasto be appointed at the start of the designwhen the works are undertaken bydifferent contractors.

The health and safety coordinator has tocoordinate these matters during thedesign stage. He has to be appointed assoon as the author of the project startsthe design of the project.

The S&H coordinator in the design and inthe construction stage (in villages of lessthan 5,000 inhabitants, the architectacting on behalf of the client, can assumethis function). He has to be appointed inthe design stage.


The client is obliged to appoint a projectsupervisor construction stage who ischarged with the coordination of safetyand health measures in the design stage.

The project supervisor design stageshould be appointed at the appropriatetime and shall be terminated, changed orrenewed as necessary. No preciseappointment stage is referred to otherthan that it is obviously at a time to allowfor the safety issues to be consideredand dealt with in and during the design ofthe project.

The coordinator in design phase at thebeginning of the design stage.

The coordinator(s) in matters of safetyand health at the moment of design of theproject. The moment of appointment isnot specified.

No one special is charged by legalisation.The coordinator has to be named(appointed) by the principal. The choiceis free but the client is responsible for theacts of the coordinator. It is not regulatedwhen he has to be appointed.Considering his task, he should beappointed as early as possible.

The coordinator during the design phase.It is not defined by law when exactly butusually during the design phase.


The duty holder is termed " PlanningSupervisor " (PS). The appointment hasto be made as soon as practicable afterthe project is initiated.

The client or his representative. However,there is no obligation to appoint thisperson.

Although there are no legal requirementsin terms of coordination in the designstage, special cases include public workprojects. Order-placers in public worksare usually responsible for supervisingsuch projects.

There is no legal mandate that safetymust be considered in the planning stagebut each employer must designate a" competent person ".

The client or a person who is appointedby the client to deal with matters ofcoordination. The time : at the designstage.

22



The client appoints the coordinator or heasks a third person (the designers,engineers or contractors charged with thedesign and construction stages) toappoint the coordinator.

The client or the project manager. The client or, if the project is not meantfor professional or commercial use, thedesigner charged with the design stage.

The client. The client.


The client. It should be noted that theappointment is not usually a person. It isnormally an undertaking, business,design office or a consultancyorganization.

The client. The client or the architect. The " principal " (in the Netherlands, theprincipal is the architect).

The client.


The client. The designer or the client. The contractor. There is no legal mandate that safetymust be considered in the planning stagebut it is the duty of the employer.

The client or whom the client appoints.

23

444...444 What are the coordinator's missions ? Which documents does he have to make up, keep and update ?Germany Austria Belgium Spain France– Organize work so as to prevent safety

and health risks as much as possible,– plan prevention methods and have

them applied,– give prior notice to the competent

authorities,– elaborate S&H plan,– elaborate safety file,– instruct workers.

– Coordinate the general preventionprinciples at the design stage,

– establish the safety and health plan(SIGE Plan) and the safety file,

– plan prevention methods and havethem applied,

– give prior notice,– all the documents established by the

coordinator for the design stage arehanded over to the coordinator for theconstruction stage and updated by thelatter.

– Organize work so as to prevent safetyand health risks for the workers,

– plan prevention measures and havethem applied,

– work out the safety and health planand the safety file,

– elaborate the coordination journal.

– Work out a safety study or have itworked out,

– make a risk assessment,– propose measures to reduce and

manage the risks,– organize training and information

activities,– organize prevention activities and

check their application.

– Have the general prevention principlesapplied,

– organize site coordination,– specify the use of common prevention

means among contractors,– analyse the project (as to planning,

construction, materials...),– draw up, update and keep the

coordination journal, the generalcoordination plan and the safety file,

– plan the common S&H committee(CISSCT).

Ireland Italy Luxemburg Netherlands PortugalThe project supervisor design stageduties are :– to take account of the general

principles of prevention,– to coordinate the activities of other

persons engaged in work related todesign of the project,

– to prepare on a preliminary basis asafety and health plan,

– to provide the PSCS with necessaryinformation for the safety file,

– option for the PSDS to appoint a health& safety coordinator for the designstage.

He carries out the safety andcoordination plan and the safety file.If the construction site involves more that30.000 workers-days, he has to carry outa general safety plan.

– Work out and adapt the safety andhealth plan,

– prepare the safety file for subsequentwork,

– define the restrictions relative to theprotective equipment, lifting equipment,access roads, site equipment, industrialactivities carried out on the sitepremises or in the neighbourhood ofthe site.

– Coordinate the application of generalprevention principles,

– draw up a health and safety plan,– make up a safety file intended to be

used during subsequent work.

– Make sure that the project managerobserves his duties,

– draw up a safety and health plan, orhave it drawn up,

– prepare a safety file.

United Kingdom Switzerland Japan USA Sweden– Make sure that the project is notified to

the enforcing authority,– ensure cooperation between designers,– make sure designers comply with their

duties,– prepare, update and keep the H&S plan

and the safety file,– give advice to the client when

requested to do so.

He has to consider the accidentprevention principles and mention themin the plans, specifications and contracts.

The overall coordinator :– supervises and directs prime

employer’s S&H supervisor and therescue techniques supervisor,

– establishes and manages coordination,– provides guidance and assistance in

worker safety and health educationprograms carried out bysubconstractors,

– helps to prepare the contractors’ workplans.


– Draw up and adapt the safety andhealth plan,

– coordinate the different parts of thedesign in such a way that the personstaking part in the design take intoaccount each other’s plans andsolutions.

24

444...555 What are this coordinator’s responsabilities ?


The coordinator’s responsibilities arethose mentioned in his employmentcontract or in other contracts concludedby the client with third persons.

See point 4.4.

In case of neglect of duty, the samesanctions that apply for the client or theproject manager will be taken.

The person who appoints the coordinatorhas to ensure that the coordinator carriesout his functions. All other constructionpartners maintain their S&Hresponibitities.

Professionnal incompetence may causethe safety and health coordinator toassume certain responsibilities such aslaid down in the civil or penal codes, wichwill be enacted according to the judge'scriteria.

The coordinator, mandated by the client,has to organize prevention measures forcontractors working at the same site. Allother construction parties maintain theirS&H responsibilities.


The requirements are to coordinateactivities during the design stage, tocomply with the general principles ofprevention and to prepare a preliminarysafety and health plan for the project.Where there are particular risks relatingto the project, these must be identified atthe design stage.

– Check the project and the application ofthe safety regulations,

– carry out the safety and coordinationplan following the safety regulations inforce.

The Luxemburg regulations (ofNovember 4, 1994) only define his tasks,not his responsibilities.

– Coordinate the application of generalprevention principles,

– coordinate a health and safety file,

– make up the safety file intended to beused during subsequent maintenancework.

– Assure the accomplishment of thedesigner’s duties,

– draw up, or cause to be drawn up, asafety and health plan,

– prepare a safety file to be taken intoaccount during any subsequent works.


To coordinate health and safety issuesthroughout the design and pre-construction planning phase.

His responsabilities are laid down in hiscontract of appointment. However, hehas to assume the responsibilities laiddown in the civil and penal codes.

The general coordinator :

– supervises and directs primeemployer’s S&H supervisor and therescue techniques supervisor,

– establishes and manages coordination,

– provides guidance and assistance inworker safety and health educationprograms carried out bysubconstractors,


This question does not apply since thereis no legal mandate that safety must beconsidered in the planning stage.However, the " competent person " mustconduct regular inspections and correctrecognized existing and anticipatedhazards.

The execution of the different parts of theproject during the construction stage maynot coincide in space or time in such away that a risk of ill-health or accidentarises.

25

444...666 Are his minimum performances legally laid down ?


Yes, they are. Yes, they are.

See description under question 4.4.

Yes, they are. Yes, they are. His duties are defined by regulation.


The requirements are to comply with theminimum statutory requirements in thestatutory duties.

No, there is no such arrangement. No, they are not. No, there is no demand on hisperformance.

No, not defined by law.


The project supervisor must becompetent to discharge the dutiesimposed.

No, they are not. Yes, minimum requirements areregulated under the ISH law.


Not today.

26

444...777 Are his assignments, responsibilities, time schedule and means put to his disposal laid down in a contract ? If so,does the contract have to meet certain legal requirements ?


There is no legislation stipulating that theseitems should be laid down. The partiesinvolved can decide for themselves whetherwritten or oral agreements should be made.Generally, however, these items are laiddown in a written agreement.

These items have to be agreed uponbetween the parties concerned.

Yes,when an external coordinator isinvolved, his relationship with the clientmust be laid down by contract. A writtendocument is required between the clientand the coordinator/worker.

Professional associations lay down theirrequirements for work to be carried out byprofessional services in a formularspecifying their assignments,responsibilities and other items.

Yes, as is the case for the authorityconferred to him.


The minimum legal requirements are laiddown with regard to the duties of the projectsupervisor design stage. Other aspects ofthe appointment may be covered incontractual arrangements.

Only the responsabilities are legally laiddown.

No. However, the Luxemburg Association ofSH Coordinators have established astandard contract to be used by itsmembers defining the rights and duties ofthe parties involved.

This is not regulated. Yes, for the obligations, not for the exacttime schedule and for the means.


The CDM regulations require the projectsupervisor to have " adequateresources ", i.e. sufficient finances, timeand materials to carry out his duties. Inthe UK, statutory law takes precedenceover contract law, because it is in theCDM Regulations. It does not have to berepeated in the contract.

Yes, but the contract does not have tomeet certain requirements

The assignments and responsibilities arespecified by law. Under the ConstructionBusiness law, the general contractor isrequired to keep among others animplementation management logindicating organization for safety andhealth management.

This question does not apply since thereis no legal mandate that safety must beconsidered in the planning stagealthough there is often a job descriptionof the " competent person " employed..

The contract does not have to meetcertain legal requirements.

27

444...888 What is the relationship between client - designer - coordinator ?


The project manager can assume thefunction of coordinator. If not, thecoordinator is the project manager’sadvisor.

The client/project manager charges thecoordinator with the mission ofcoordination.

The client/designer charged with theproject design appoints the coordinator.The client/designer is responsible for theaccomplishment of the coordinator’smissions.

Generally, the coordinator is a member ofthe designer’s personnel. There is nocontractual relationship between thesepersons.

The client has a contract with the S&Hcoordinator and the designer,respectively. These two last persons donot have any contractual relationship.


The legal relationship can vary as alsothe contractual relationships. The clientappoints the project supervisor designstage and all of those involved in thedesign stage including designers orcoordinators have a duty to cooperate.

The client appoints the designer and thecoordinator.

The relationship between client -designer and coordinator is not legallydefined. On the site, however,collaboration between these parties isgenerally good.

The client is responsible for the result ofthe coordinator’s and the designer’s acts.

There is a contractual relationshipbetween client and designer. Therelationship between client andcoordinator is not defined by law.


The client appoints both and designersmust cooperate with the coordinator andeach other.

The relationship between these parties islaid down as the case may be.

As the overall SH controller is usually thesite manager, he works with the order-placer’s supervisor, architect, etc., incoordinating the overall work, taking intoaccount the ISH law.

This question does not apply since thereis no legal mandate that safety must beconsidered in the planning stage. Arelationship nevertheless exists.

The client has the responsibility for thecoordination during the design stage.This stage is executed by the designers.

28

444...999 What means does the safety and health coordinator in the design stage dispose of ? Can he impose measures orhas he a mere advisory function ?


The SH coordinator has no competenceto give orders. If the coordinator is at thesame time project manager, hiscompetences are those related to hisfunction of project manager. In terms ofthe law, the coordinator is merely anadvisor.

His means have to be agreed uponaccording to the case. Contractors haveto observe the coordinators’ orders andrecommendations relating to theprevention of occupational hazards.

His means have to be laid down in acontract of document defining hismissions and the way they have to beaccomplished.

The safety study constitutes the generalframework for the contractors’ safetyplans. The contractors’ activities arecoordinated by the coordinator. The lattermay impose measures.

The resources and authority conferred tothe S&H coordinator by the client are laiddown in the contract signed by bothparties (as is imposed by the LabourCode).

He may have to take measures accordingto the authority and resources conferredto him by the client by contract asprovided for by law.


His means are not defined in theregulations. His role is essentially that ofcoordinators but that there is a duty onother involved in the preparations ofprojects to take into account anydirections from the project supervisorappointed for the design stage. Theproject supervisor being appointed by theclient has significant intervention role.

He can impose measures. In particular,he has to fix the safety costs.

Generally speaking, the coordinator’s roleis to advise the client and the designer.For certain matters, however, the clientmay entrust him with " site police powers" if in relationship to his job.

The client has the responsibility tosupport the coordinator and to make itpossible for him to do his job. There is nofurther regulation.

Being an advisor he can make proposalsfor measures to be taken.

The coordinator disposes of no specificmeans.

It is not clearly defined by law whether hecan impose measures.


He can require cooperation fromdesigners and information for the H&Sfile from both designers and contractors.

His means are not defined by law.

He can impose measures to be taken.

The general contractor is required toissue the necessary instructionsconcerning corrections whensubcontractors or their workers areconsidered to be in violation of the ISHlaw and related regulations concerningsaid work.

This question does not apply since thereis no legal mandate that safety must beconsidered in the planning stage. The" competent person " can imposemeasures.

He disposes of no specific means otherthan his professional skills.

The client is the coordinator and hasgood prospect for steering the project.

29

444...111000 Is payment of his performances legally arranged ?Germany Austria Belgium Spain FranceNo, payment of his performances has tobe agreed upon between the partiesconcerned.

No, this has to be agreed upon betweenthe client and himself.

The client and the coordinator agreeupon the coordinator’s salary.

Each professional association (of industrialtecnical engineers, architects, industrialengineers, public works engineers...)applies a specific salary scale for thecoordinator’s performances, based upon afree market of demand and supply.

The public works branch try to influencethe market, through the Ministry ofEquipment and public clients.

Ireland Italy Luxemburg Netherlands PortugalThis is not covered in the statutoryregulations but may be covered undercertain contractual arrangements.

His payment is established on the basisof the rates fixed in the professionalregister and partially related to the totalcost of the works.

No, the parties concerned agree upon thecoordinator’s salary.

It is not arranged. No.

United Kingdom Switzerland Japan USA SwedenNo, not by Construction Design andManagement Regulations.

Yes, payment is based upon the salaryrates of the Swiss Society of Engineersand Architects (SIA).

Any payment is not subject to the ISH lawand/or related regulations.

This question does not apply since thereis no legal mandate that safety must beconsidered in the planning stage.Employment is spelled out in contractuallanguage.

No.

444...111111 When does the assignment of the coordinator for the design stage end ?Germany Austria Belgium Spain FranceHis assignment ends at the end of thedesign stage. The client may howeverentrust the coordinator with furthermissions and prolong his contract.

When the construction project isentrusted to the client.

When the safety and health plan, thecoordination journal and the safety file arehanded over to the person by whom hewas designated. Transmission of thesedocuments is laid down in a document.

As soon as he hands over his project tothe competent professional association(architects’ or engineering office) to haveit assessed.

If the coordinator for the design stage isnot the coordinator for the constructionstage, then the documents are handedover before the beginning of theconstruction stage.

Ireland Italy Luxemburg Netherlands PortugalThis depends on the type and nature ofthe project.

When the construction company isentrusted with the works.

When all the documents written duringthe design stage (the General Safety andHealth Plan and the Safety File) arehanded over.

When the design process is completedand the design is handed over forexecution.

This is not clearly defined by law, butusually on completion of the design.

United Kingdom Switzerland Japan USA SwedenAt the end of the project, when he handsover the completed safety file to theclient.

At the end of the construction work. At the completion of the work. This question does not apply since thereis no legal mandate that safety must beconsidered in the planning stage.

Not given in the ordinance but normallywhen the design stage comes to an end.

30

444...111222 Are any specific safety and health trainings imposed for the designers of a construction project ? If so, what mattersare treated during this training ?


Yes. The number of hours of trainingdepends on the type of college or schooland varies from 20 to 80 hours.

Yes, according to the profession.Prevention of occupational hazards ispart of the training.

Notions of safety and health are thoughin certain basic training programsdesigners. Taking into account the newlegislation, these notions prove to beinsufficient.

However, various specific safety andhealth trainings of 210 to 800 hours areorganized in Belgium.

Training is based on the PreventionRegulation of 97, Appendix IV andconsist of a common part (dealing a.o.with techniques of work conditionsimprovement, techniques of occupationalrisk prevention) and a further optionalspecialisation training (relating tooccupational safety and health,ergonomics and applied psychology).

For each of the three coordination levelsa specific training is organized at the endof which a certificate is granted.


There are no specific safety and healthtraining requirements specified, otherthan that the appointed persons or entityare competent to carry out the duties.

There are no specific safety and healthtrainings imposed.

There are no specific requirements. There are no specific trainings imposed. No.


No, but once again they must becompetent - i.e. have training andexperience.

Yes, EKAS and SUVA (Swiss AccidentPrevention Association) have specifictraining programs (Integrated Safety Planof SUVA).

Overall safety and health controllers haveto undergo certain training organized bythe Japan Construction Safety andHealth Association.


No.

NNNooottteeesss aaannnddd cccooommmmmmeeennntttsss

32

555 CCCoooooorrrdddiiinnnaaatttiiiooonnn ooofff sssaaafffeeetttyyy aaannnddd hhheeeaaalllttthhh ddduuurrriiinnnggg ttthhheee cccooonnnssstttrrruuuccctttiiiooonnn

ssstttaaagggeee

In order to coordinate safety and health on construction sites, roles and assignments have to beprecisely defined. Assignments include the application of a general safety plan, the timetable andsupervision of prevention measures imposed by the project coordinator, and concertation with thecompanies on the site. On the other hand, the contractual relationship between the client/contractingauthority and the site coordinator is not always precisely defined – at times his role is that of an adviser,and at others he supervises and is entitled to impose particular preventive measures. In any case, hecannot take the pace of the official inspection and control bodies.

He is only professionally liable, except in the case of personal penal liability. Nevertheless, he remainstotally subject to the responsibility of the client/contracting authority.

Whereas the procedures for the exercise of the site coordinator’s assignments are defined by contract, acertain number of documents which he has to keep and update, serve as proof that the coordinator hasactually carried out his missions (site meetings, concertation with workers’ representatives, particularremarks to a company). Besides, it can be noted that, generally speaking, the greater theclient’s/contracting authority’s role, the smaller the role assigned to bodies representing the workers.

It is still too early today to assess the cost of coordination services because this is agreed upon in privatenegotiations and only partial information is available. In more and more cases, however, thecoordinator’s fee is contractually arranged.

The end of the coordinator’s assignment depends on national law : either it ends when there is no longerany physical coactivity of the companies on the site, or it ends at the remittal of the safety file forsubsequent maintenance work to the owner.

33


555...111 In which cases is safety and health coordination imposed in the construction stage ?

555...222 Who is charged with safety and health coordination in this stage ?When exactly does this person have to be appointed ?


555...444 What are the coordinator's missions ?

555...555 What are his responsabilities ?

555...666 Is there any arrangement for the coordinator's minimum performances ?

555...777 Are his assignments, responsibilities, time schedule and means put to his disposal laid down in a contract ?If so, does the contract have to meet certain formal requirements ?

555...888 What is the relationship between the client – contractors – coordinator – architects – consulting engineering office ?

555...999 What means does the safety and health coordinator in the construction stage dispose of ?Can he impose measures or has he a mere advisory function ?

555...111000 Is payment of the coordinator's performances arranged ?

555...111111 When does the assignment of the coordinator for the construction stage end ?

555...111222 When and on which construction sites does a coordination structure have to be set up ?

555...111333 Is a minimum frequency for the organization of coordination meetings imposed ?

555...111444 Who attends these meetings ?

555...111555 Wo presides over these meetings ?

555...111666 What is the role of the workers’ representatives in coordination issues ?

555...111777 What is the role of the contractors’ prevention consultants ?

555...111888 What happens with the coordination tools (health and safety plan, safety file for subsequent maintenance works...) once the work hasbeen completed ?

34

555...111 In which cases is safety and health coordination imposed in the construction stage ?


Whenever different employers are atwork at the same construction site.

When workers of different employers areat work simultaneously or in successionat the same work site.

Whenever different contractors are atwork simultaneously or in succession atthe same work site.

Whenever a work starts. When there are more than twocontractors or two independent workersworking simultaneously on the sameconstruction site.


In all cases other than in certain domesticdwellings which are not part of abusiness or undertaking.

Each case the general coordination andsafety plan is applied to.

Whenever a safety and health plan has tobe established.

When it is expected that two or morecompanies, or one company and one ormore self-employed are involved in theconstruction stage.

When there is more than one companyinvolved in the construction site, or one ormore companies and one or more self-employed workers.


On all projects to which the ConstructionDesign and Management Regulationsapply, i.e. all demolition work and allconstruction work involving 5 or morepersons at site.

On large construction sites with specificdangers.

The major duties are to take action toimprove and/or correct any violations ofsafety and health measures includingfacilities at the work site, and to correctany improper behavior of the workers. Onsites occupying workers of differentemployers, the principal contractor has tocoordinate their activities.

During the construction process, theemployer is responsible for providing asafe work place. There are limitedprovisions for mandated interactionbetween contractors, subcontractors andcrafts, mainly in the area of chemicalhazard communication. OSHA has theability to issue citations not only to theemployer of the employees exposed tothe hazard, but also to an employer whocreated the hazard or an employer whoshould have corrected the hazard.

In cases of common workplace.

35

555...222 Who is charged with safety and health coordination in this stage ? When exactly does this person have to beappointed ?


The responsibility of safety and healthcoordination during the constructionstage lies with the client.

The coordinator has to be appointed atthe latest when the work is entrusted tothe contractor.

The site coordinator commissioned bythe client/project manager.

He has to be appointed at the latest whenthe contractor is entrusted with the work.

The coordinator for the constructionstage, appointed by the client or, if theconstruction project is not meant forprofessional or commercial use, by thedesigner charged with the construction orsupervision. He has to be appointedbefore the work starts.

A competent technician, appointed at thebeginning of the work.

The client chooses a S&H coordinatorwhose competences have been proven.He has to be appointed before thebeginning of the design stage (at leastone month before the first contractorstarts working).


The client has to appoint a projectsupervisor for the construction stage whois charged with the coordination duties.

The appointment must take place prior tocommencement of works.

The coordinator in construction phase, tobe appointed before the constructioncompany is entrusted with the works.

The coordinator(s) for safety and healthduring the construction stage. It is notlegally specified when exactly he has tobe appointed.

Legally, no one is charged or appointed.The client must point out the party thatmust carry out coordination.

The coordinator during the constructionphase, to be appointed before theconstruction site starts.


The duty holder for coordinating H&S inthe construction phase is termed theprincipal contractor (P.C.). Theappointment must be made as early as ispracticable in the project.

The contract manager representing theclient. He has a full-time job.

Prime employers are responsible forensuring the execution of S&H measures,and site managers are required toexecute such measures. On sitesoccupying 50 or more workers of differentemployers, the relevant prime employeris required to designate an overall S&Hcontroller and a prime S&H supervisor.Subcontractors are also required todesignate a S&H supervisor/controller.

These persons are appointedimmediately after the establishment of aconstruction site.

Each employer must designate a" competent person " to conduct regularinspections of the workplace and theemployer must also give this personauthority to correct recognized existingand anticipated hazards.

The client, but he can appoint a legalperson to deal with matters ofcoordination.

Appointment is made as soon as theconstruction site has been set up.

36



The client himself but he can commissiona person, for instance a designers’ office,an engineering office or the contractorcharged with the design and theconstruction.

The client/project manager. The client appoints a coordinator or, if theconstruction project is meant forprofessional or commercial use, a projectsupervisor for the design stage.

The real estate developer. The client.


The client. The client. The client or the project supervisor. The " principal " (= project supervisor). The client.


The client. The client. The construction contractor. The employer. The client or whom the client appoints.

37

555...444 What are the coordinator's missions ?

Germany Austria Belgium Spain FranceVerify that the employers and the self-employed observe the site rules and theS&H plan.Organize the collaboration betweenemployers.Verify whether commonly used safetyequipment is in order.Verify whether the S&H plan worked outat the design stage is updated.

The site coordinator coordinates themeasures to protect the safety of theworkers in the construction stage. Heensures information, collaboration andcoordination between the differentemployers and independent employed atthe site, adapts the S&H plan and thesafety file as necessary. He immediatelyinforms the client/project manager of anydetected hazards. If violations of safetyrules are not eliminated, he has the rightto contact the supervising authorities. Hesees to it that only competent personsare admitted to the site.

He coordinates safety and healthmeasures, adapts the S&H plan, thecoordination journal and the safety file forsubsequent works.He gathers and presides over thecoordination structure as necessary.

His assignments are laid down in theroyal decree L 627/97.

Make sure that the missions of thecoordinator for the design stage arefurthermore being accomplished. To thatend, he makes sure that the generalprevention principles are being applied,organizes coordination of activities onsite and the common use of equipmentby the contractors, he draws up thesafety file, updates and keeps the journal,the S&H plan and the safety file. Hepresides over the meetings of thecommon S&H committees andharmonises the contractors’ own H&Splans.

Ireland Italy Luxemburg Netherlands PortugalThe project supervisor construction stagehas to develop a safety & health plan. Ifmore than one contractor is on theproject, prepare a safety file, coordinateactivities on the project and keep recordsof accidents and other safety issues, andas an option may appoint a health &safety coordinator for the constructionstage.

He has to check the application of thesafety regulations as outlined in thesafety and coordination plan.

He organizes the safety coordinationbetween contractors, adapts the S&Hplan, verifies whether the measuresdecided of have been taken, completesthe safety file, takes into account anyinteraction with external activities thatmay influence life on the work site.

Coordinate measures to manage risks.Provide cooperation between employersworking at the same time on the samespot.Check measures and cooperation.Coordinate work instructions andinformation. See to it that only competentpeople are admitted on the site. Adviseemployers and self-employed people ifthey work in an unsafe or unhealthymanner.

The coordinator has the obligationsmentioned in art. 6 (a) of the directive92/57/EEC.

United Kingdom Switzerland Japan USA SwedenTo coordinate H&S during theconstruction phase.

Preserve safety and health. – Supervise and direct prime employer’ssafety and health supervisor as well asthe rescue techniques supervisor,

– establish and manage the consultativeorganization at which SH measures arediscussed,

– carry out liaison and coordinationbetween different works through SHcontroller,

– conduct inspection tours of work sites,– provide guidance and assistance in

worker safety and health educationprograms carried out bysubconstractors.

– …

Inspection of the workplace andcorrection of hazards.For certain risks, specific information isrequired (for instance for mines andquarries).

Ensure that a S&H plan is available.Prepare a safety file. Make, or cause tobe made, any adjustments required to theS&H plan and safety file. Ensure that acopy of the prior notice is clearlydisplayed at the construction site and, ifnecessary, periodically updated.Organize common S&H activitiestogether with the persons carrying onactivities at the common workplace.

38

555...555 What are his responsibilities ?


His coordinator’s responsibilities arethose mentioned in his work contract or inother contracts which the client hasconcluded with third persons.

Assume his tasks as mentioned underpt. 5.4.

In case of neglect of duty, the samesanctions that apply for the client or theproject manager will be applied.

The person who appoints the coordinatorhas to ensure that the latter carries outhis functions.

Professionnal incompetence may causethe safety and health coordinator toassume certain responsibilities such aslaid down in the civil or penal codes, andenact them according to the judge’scriteria.

Make sure the general preventionprinciples are being applied and program,organize and adapt safety coordination.


The project supervisor construction stageappointed by the client has to coordinatesafety activities on the site and others areobliged under the regularions tocooperate with him. Contractors musttake account of the direction of theproject supervisor construction stage onsafety matters.

He has to check the application of thesafety regulations as outlined in thesafety and coordination plan, hecoordinates the different companiesinvolved in the works.

The Luxemburg regulations only definehis tasks not his responsibilities.

Do a good coordination job.

He has no responsibility as to the resultof this coordination.

The obligation referred to in pt. 5.4.above.


– To ensure all contractors arecompetent and have adequateresources,

– to coordinate the activities of allcontractors on the project,

– to ensure H&S training is provided,

– to consult with the work force,

– to monitor performance,

– to restrict entry to the site to authorisedpersons,

– to display the notification of the project,

– to develop the construction phasehealth and safety plan.

In the first instance preserve the safetyand health. He must take account of therisks created by the interference of thevarious contractors' activities.

The general coordinator :

– supervises and directs primeemployer’s S&H supervisor and therescue techniques supervisor,

– establishes and manages coordination,

– provides guidance and assistance inworker safety and health educationprograms carried out bysubconstractors,


This question does not apply since thereis no legal mandate that safety must beconsidered in the planning stage.However, the " competent person " mustconduct regular inspections and correctrecognized existing and anticipatedhazards.

The execution of the different parts of theproject during the construction stage maynot coincide in space or time in such away that a risk of ill-health or accidentarises.

39

555...666 Is there any arrangement for the coordinator's minimum performances ?


Yes, they are. They are legally laid down (see answer toquestion 5.4).

Yes, his minimum performances arelegally laid down.

No, there is no legal arrangement. This is laid down in the contract signedbetween the coordinator and the client(Art. R. 236-16 of the Labour Code). Thecoordinator is paid separately.


The regulations set down the minimumstatutory duties.

No, not specified. No, there is no arrangement for hisminimum performances.

No, there are no regulations. It is not yet defined by law.


The appointee must be competent, if nothe can be prosecuted for failing todischarge the duties.

No, they are not. Minimum requirements are regulatedunder the ISH law.

These are part of the contractualarrangements.

Not specified.

40

555...777 Are his assignments, responsibilities, time schedule and means put to his disposal laid down in a contract ? If so,does the contract have to meet certain formal requirements ?


The client and the coordinator agreebetween themselves on these items. Thisagreement does not have to be laid downin a written document. In most cases,however, it will be in writing.

The coordinator’s contract does not haveto meet specific formal requirements.

These items have to be freely agreedupon. There are no specific formalrequirements for the contract but thereare certain standards (cf. Ônorm B 18O4-4) to be taken into account whenestablishing a contract.

A contract is required when an externalcoordinator is appointed. A writtendocument is required between the clientand the coordinator/worker.

The contract is certified by the client andthe coordinator. The latter knows hisbasis responsibilities and missions whichare legally laid down.

Yes, they are laid down in the contract,without further formal requirements.


The contract has to accommodate theminimum statutory safety and healthrequirements. Some contractualarrangements exceed the minimumstatutory requirements with regard tosafety management and coordination.

Only the responsibilities are legally laiddown.

No. This is not regulated. His mission islegally laid down, as well as the resultsthereof. They have to be mentioned inthe contract.

Yes for the obligations but not for theexact time schedule nor for his means.


The assignments and responsibilities ofthe principal contractor are specified inCDM and he has to have sufficientresources, time, materials and personnelto carry out the work.

Yes, but the contract does not have tomeet specific requirements.

The assignements and responsibilitiesare specified by law. Under theConstruction Business Law, the generalcontractor is required to keep animplementation management logcovering all work including subcontractorwork. This implementation managementlog must indicate the implementationsystem and organization of safety andhealth management.

These are not normally documented(there is no requirement to do so).

These items are not legally specified.

41

555...888 What is the relationship between the client - contractors - coordinator - architects - consulting engineering office ?


The project manager can assume thefunction of coordinator. If not, thecoordinator is the project manager’sadvisor.

The coordinator is charged by the clientto consult the architect and thespecialists and to supervise thecontractors.

The client/designer charged with theproject design appoints the coordinator.The client/designer is responsible for theaccomplishment of the coordinator’smission.

Generally, they collaborate well. All depends on the client’s willingness toinstaure adequate coordinationconditions.


The relationships are defined in theregulations and again the contractualrelationships are significant and are ofimportance.

The contractor is nominated by the client.The coordinator can be an architect or aconsulting engineer but not a consultingengineering office.

These relationships are not legallydefined but the parties generallycooperate well on the work site.

There is no direct relation, due to the waymost projects are tendered in theNetherlands.

There is a contractual relationshipbetween the client and the contractor, theclient and the architects, and the clientand the consultative engineering office. Itis not defined by law that there should bea contractual relationship between theclient and the coordinator.


The client has to appoint designers,coordinators and contractors who arecompetent and have sufficient resources.Thereafter their relationships aredetermined by the contract. Onceconstruction work starts the principalcontractor has overall responsibility.

The coordinator assumes certainfunctions of the project director, yet hehas to answer to the client.

As the overall S&H controller is usuallythe site manager, he works with theorder-placer’s supervisor, architect, etc.,in coordinating the overall work. Thegeneral contractor has to establish aconsultative organization. Under ISH law,moreover, the order-placer in anyconstruction has to consider allcontractual conditions.

The relationship between parties isspelled out in contractual language, andto date, safety and health regulations donot dictate or necessarily enter into theserelationships.

Not given in the legislation.

42

555...999 What means does the safety and health coordinator in the construction stage dispose of ? Can he impose measuresor has he a mere advisory function ?


The only means the coordinator disposesof are those given by the client. If theclient has not entrusted him with anyauthorities (f.i. the authority to giveorders), then the coordinator can only actas an adviser.

In terms of the law, the coordinator ismerely an adviser. The client can,however, entrust him with competencesallowing him to take measures whichhave to be observed by the contractors orother designers.

His means have to be agreed uponaccording to the case. Contractors haveto observe the coordinator’s orders andrecommendations related to theprinciples of occupational hazardsprevention.

His means have to be laid down in anworking agreement or document.

His means are the accident and incidentlog.

He is empowered to take decisions.

His means are discussed with the clientand laid down in the contract signed byboth parties.

The coordinator is the client’s adviser buthis competence is such that he may berequired to take measures.

His authority and means are laid down ina contract.


This is not specified in the regulations.There is a duty on others involved in theconstruction stage to take account of thedirections of the project supervisor.

He can work on the basis of the safetyand coordination plan and using furtherdocumentation related to previous worksand the documentation needed for thecompanies working inside theconstruction site. He can impose means.

Generally speaking, the coordinator’s roleis to advise the client and the designer.For certain matters, however, the clientmay entrust him with " site policepowers " if these relate to his job.

The principal (= project director) has theresponsibility to support the coordinatorand to make it possible for him to do isjob. The coordination job and theagreements have to be laid down in awritten document between the client andthe executing party. Everybody shouldfollow his instructions on safety andhealth.

The coordinator has an advisory functionand being a coordinator, everybodyshould follow his instructions on S&H.

The coordinator disposes of no means. Itis not clearly defined by law whether hecan impose measures.


The principal contractor has the statutoryauthority to enforce health and safetyrules contained in the construction healthand safety plan.

His means are agreed upon individually. Heis empowered to impose measures.

His major duties are to take action toimprove and/or correct any violations ofsafety and health measures includingfacilities at the work site, and to correct anyimproper behavior of the workers.

The general contractor is required to issuethe necessary instructions concerningcorrections when subcontractors or theirworkers are considered to be in violation ofthe ISH law and related regulationsconcerning said work.

The competent person has authority to stopwork and correct hazards to whichemployees are exposed. He does not havethe authority to intervene in anotheremployer’s activities, only his own.

He shall be given the powers and resourceswhich the task requires.

The client is the coordinator and has goodprospect for steering the project.

43

555...111000 Is payment of the coordinator's performances arranged ?


Payment of the coordinator’sperformances has to be agreed uponbetween the client and himself. Theamount of his fee has not yet been legallylaid down.

This has to be agreed upon between theclient and himself.

No, this has to be agreed upon in acontract between the parties concerned.

Each professional association (ofarchitects, industrial engineers, industrialtechnical engineers, public worksengineers...) applies a specific salary scalefor the coordinator’s performances basedupon the free market of demand andsupply.

No.


This is often dealt with in the contractualarrangements or with a collateralagreement to the contract.

His payment is established on the basisof the rates fixed in the professionalregister and partially related to the totalcost of the works.

This is a matter of contractualarrangements between the parties.

There are no rules at all on this subject. No.


No, not under CDM. Yes. Any payment is not subject to the ISH lawand/or related regulations.

The competent person is employednormally by the employer.

No.

44

555...111111 When does the assignment of the coordinator for the construction stage end ?


His missions end when the constructionstage is completed or when activities arestopped and the different contractorscease to endanger each other on thework site.

When construction work is completed. When the S&H plan, the coordinationjournal and the safety file for subsequentmaintenance work are handed over to theperson by whom he has been appointed.This transmission is mentioned in adocument.

When construction work has beencompleted and delivered.

When the safety file for subsequentmaintenance work is transmitted to theclient.

Ireand Italy Luxemburg Netherlands Portugal

It depends on the type and nature of theproject and this should be indicated in theletter of appointment. It is normallyconcluded when the project is handedover to the client.

When the report establishing the end ofthe works is carried out.

When all the documents establishedduring the construction stage, i.e. thesafety and health plan and the safety filefor subsequent maintenance work arehanded over.

When the construction is finished andhanded over to the client.

It is not clearly defined by law, but usuallyon completion of the construction phase.


On completion of the construction phase,which can include a specified postconstruction period for the remediation ofdefects.

When the construction project is handedover.

At the completion of the work, such asthe time when joint work at the same siteby workers of different employers isbrought to a conclusion, and/or at thetime the employer releases thecoordinator from the assigned duties.

At the end of the construction (whenworkers may no longer be exposed to ahazard).

Not given in the ordinance but normallywhen the construction stage comes to anend.

45

555...111222 When and on which construction sites does a coordination structure have to be set up ?


On large projects (such as airports,exposition halls, industrial premises,power stations, road works) acoordination structure should be set up,i.e. the different parties concerned andthe safety and health institutions shouldmeet on a regular basis.

Construction activities have to becoordinated when workers of differentemployers are simultaneously or insuccession at work at the same work site.The composition of the coordinationstructure has not been legally fixed.

On all construction sites on which thevolume of work is scheduled to exceed5 000 man-days or on which the totalcost of the works is estimated by theproject director for the design stage toexceed 100 million BEF, VAT notincluded, and where at least threecontractors will work simultaneously or ifproposed by the coordinator.

When more contractors are workingsimultaneaously or in succession at thesame site.

On all sites of construction and civilengineering once the coordinator hasassumed his function.


On all projects other than domesticprojects which do not relate tobusinesses or undertakings.

The coordination structure is representedby the coordinator in construction stageaccording to his own functions legallyestablished.

Not specified in the regulations. Principally on all construction sites wheremore than one party is working. The leveland intensity of measures depends onthe total hours spent on the project, thelevel of danger, as specified in theeuropean directive. A structure forcoordination is not mentioned in theregulations.

Not defined by law.


On all sites to which the CDM regulationsapply, i.e. on all demolition work and allconstruction work involving 5 or morepersons at site.

On large construction projects withconsortiums such as highwayconstruction, large bridges, powerstations, underground work.

The organization S&H management isstipulated under relevant laws andordinances such as the industrial safetyand health law in accordance with thesite scale. As the relevant laws andordinances such as the ISH law providepenalties for a contractor’s failure to fulfillall of these requirements, there are nospecific limitations concerning timing,circumstances, etc.

On all construction sites in the limitedmanner described above.

As soon as the construction site hasbeen set up. In case of commonworkplaces.

46

555...111333 Is a minimum frequency for the organization of coordination meetings imposed ?


It is not legally laid down how often thecoordinator should take place in meetingsor work discussions. This depends on theproject as well as on the necessity toexchange information. Generallyhowever, these meetings will take placeonce a week.

Not fixed. Frequency of meetingsdepends on necessity.

No, except when a coordination structureis imposed, the frequency of themeetings is not legally fixed.

No. No.


There is no frequency imposed forcoordination meetings.

The coordination meetings are plannedas presented in the safety andcoordination plan and performedfollowing the needs outlined in the planitself.

No, following the needs. No. No.


Not specified. No. Consultative organization is to be held atleast once per month and is to beattended by the controllers designated bythe general contractor andsubcontractors. In addition, the JapanConstruction S&H Association call for adaily meeting attented by the generalcontractor and the subcontractors to dealwith issues concerning safety and healthin work processes.

This issue is not mandated. No.

47

555...111444 Who attends these meetings ?


Not stipulated in the regulations.Normally it will be the client’srepresentative, the contractors’representatives, the designer(s)'representatives, in some casesrepresentatives of the competentauthorities and the coordinator.

Not fixed. Depends on the scale of the project andon the time table. Generally, the differentconstruction parties attend the meetings.The coordination structure is attended bythe client or his representative, thecoordinator in the construction stage, thecontractors, the project director for theconstruction or the supervision of theconstruction as well as therepresentatives of the committees forprevention and protection, if necessaryprevention advisers and other personsinvited by the client.

The client, the coordinator and the projectsupervisor.

All contractors’ representatives.


This varies on the scale and size ofprojects and where other meetings fit inwith the overall timetable. Normally themeetings involve all the principalcontractors involved in the project.

Self-employees, employers, coordinators,contractor’s prevention consultants,workers’ representatives, foremen.

Not defined in legislation. On the site there are no workers’meetings ordered. Only instructionsbetween the worker and his ownemployer are regulated.

When they exist, usually the coordinator,a representative of the supervisor, arepresentative of the contractor and oneor more representatives of the workers.


Not specified. The site manager, the coordinator, thecontractors.

The overall safety and health controller,prime employer’s S&H controller, S&H staffmembers.

Not mandated but may involve sitemanager, sub-contractor(s), foreman andsafety officer where available.

Those who are involved in the constructionstage (mainly the contractors and theworkers’ representatives).

48

555...111555 Who presides over these meetings ?Germany Austria Belgium Spain FranceThis is not specified. It will be either theclient’s representative, the projectmanager or the general contractor’srepresentative.

Not specified, to be fixed according tonecessity.

The coordinator for the constructionstage.

The coordinator. The coordinator.

Ireland Italy Luxemburg Netherlands PortugalThese meetings are organized andchaired by project supervisor constructionstage.

The coordinator. Not specified. The coordinator. The coordinator.

United Kingdom Switzerland Japan USA SwedenNot specified. The site manager. No legal provision is made with respect to

the person to preside at these meetings.However, the overall safety and healthcontroller usually chairs the meetings.

This issue is not mandated. Usually" competent person " or safety officer.

Normally the main contractor.

555...111666 What is the role of the workers’ representatives in coordination issues ?Germany Austria Belgium Spain FranceOn large projects, the workers’representatives normally attend the sitemeetings. Otherwise it is the contractors’task to inform their workers sufficiently ofthe safety measures to be taken.

The client must allow the self-employed,the employers, the preventionconsultants and the workers to consultthe S&H plan.

Participation at the coordination structureis provided for. On sites where activitiesare not coordinated employers have totackle problems in the companycommittees.

They have the right to be informed. They have the right to be informed andconsulted.

Ireland Italy Luxemburg Netherlands PortugalThis is not specified in the constructionOSH regulations. Separate regulationscover consultations of workers.

They have to be consulted and to receiveall the clarifications about the contents ofthe plans. In addition they are consultedin advance for the modifications to theplans.

Not specified. There is no primary role for the workerson site in coordination matters. Everycompany has to organize workersmeetings or a workers council.

During the construction phase, wheneverthe safety and health plan is notadequate, workers (any worker) mayinform the coordinator.

United Kingdom Switzerland Japan USA SwedenNot specified. They have no role to play. Worker representatives do not play any

specific role in coordination matters.However, ISH law stipulates thatindividual workers may petition forimprovement in case such laws andordinances are not being carried out atthe work site and that no worker makingsuch a request may be treateddisadvantageously.

This issue is not mandated and generallynot specified.

Cooperative law guarantees his position.

49

555...111777 What is the role of the contractors’ prevention consultants ?


As the client has written the safety andhealth plan and appointed a coordinator,he is also responsible for safety andhealth management on the work site.Therefore, contractors are discharged asa matter of fact but not legally. Apart fromthe activities of the client or hiscoordinator, every contractor has toassess and detect possible risks for hisworkers, take adequate preventionmeasures and observe work protectionand risk prevention regulations.

See answer to question 5.16. Preventioncounsellors can request that the safetyand health plan be adapted.

If required, the contractors’ preventioncounsellors can assist at the coordinationstructure. Apart from the client’sactivities, every contractor has toguarantee the safety and health of hisworkers and is thereby advised by hisprevention counsellor.

Not provided for in the Spanishregulations.

They write the Particular S&H Plan fortheir company and make sure that it isobserved.


The contractors’ role varies, in somecases the principal contractor is theproject supervisor/coordinator and safetyconsultants can interface with projectsdepending on the nature, size andduration. Many site safety auditors,consultants and advisers are involved inthe whole process. They can work withthe project supervisor or they can workwith the contractor or both.

If the consultant is the coordinator too, heperforms the safety and coordinationplan.

Not specified. Every company needs to be supported byan Occupational Safety and HealthService with qualified persons on thesesubjects. Every company has a SHEmanager in the company and acoordinator construction phase on thesite.

Contractors’ prevention consultants arenot defined by law.


Not specified. When the contracting company does notpossess the required knowledge,specialists (safety engineers,occupational physicians, hygienists…)have to be consulted.

Make proposals, offer advice andguidance concerning industrial accidentprevention measures, the organization ofsafety management systems andactivities. In some cases regularemployees of the contracting firms arequalified as industrial safety or industrialhealth consultants; in many other casesindependent consultants enter intoconsulting contracts without becomingthe actual employees of contractors.

This issue is not mandated. Not defined.

50

555...111888 What happens with the coordination tools (health and safety plan, safety file for subsequent maintenance work, etc.)once the work has been completed ?


Except for the document which has to behanded over to the client, it is notspecified what should be done with theother documents, especially the safetyand health plans which had to beestablished during the design andconstruction stages. Generally, however,these documents are handed over to theclient.

These documents must be kept by theclient and handed over as necessary.

The coordinator hands over the safetyand health plan, the coordination journaland the safety file for subsequentmaintenance work to the person bywhom he has been appointed. The safetyfile for subsequent work is joined to thenotarial deeds.

They will be filed together with the otherdocuments concerning the work. Theoccupational incidents resister has to behanded over to the Labour Inspectorate.

They are filed and kept for 5 years.


The project supervisor construction stagemust pass the safety file on to the clientand the client has a statutory duty tomake the file available to subsequentowners or subsequent use.

The safety file is updated and given tothe contractor.

The safety file is handed over to the clientat the moment of the project’s delivery.The safety register (a document used bymany coordinators but which is notcompulsory) is handed over to the clientat the end of the work. The safetycoordinator keeps a double of thesedocuments for his own file.

Mostly nothing, although they can usedfor evaluation.

Not defined by law.


Not specified. Are generally filed by the client as agreedupon since they apply also to subsequentmaintenance work.

Not specified. This issue is not mandated and generallynot specified.

Not defined in the regulations.


53

666 CCCoooooorrrdddiiinnnaaatttiiiooonnn ooofff sssaaafffeeetttyyy aaannnddd hhheeeaaalllttthhh ddduuurrriiinnnggg sssuuubbbssseeeqqquuueeennnttt

mmmaaaiiinnnttteeennnaaannnccceee wwwooorrrkkk

At this time, it is too soon to assess the role of coordination in preventing occupational risks during thesubsequent use of the construction project since the various legal texts have only recently been applied.

By and large, preventive actions carried out previously by the safety and health coordinator will furtherbe developed in order to guarantee the quality of the works.

Only the client/contracting authority remains responsible for assessing the work’s proper completion.

54


666...111 What are the client’s obligations in matters of safety and health during subsequent maintenance work ?

666...222 To which extent are the coordination tools also being used in this stage ?

666...333 What happens with the construction tools when the construction project is transferred ?

55

666...111 What are the client’s obligations in matters of safety and health during subsequent maintenance work ?


During subsequent maintenance work,the client has to use and apply thedocument established by the coordinatorin order to guarantee the safety andhealth of the workers.

Since the directive also applies for" setting up, fitting out, conversion,alterations, renovations, repair, upkeep,maintenance, dismantling, demolition ",etc., the same rules as for theconstruction of the project apply.

The client hands over the safety file tothe coordinator or, if no coordinator hasbeen appointed, to another person. Theobligations are those of the constructionstage.

The client has to take into account thetexts of the safety study relating tomaintenance work.

He has to apply all texts which relate tocoordination.


There are significant regulations coveringall construction work includingmaintenance work.

If the construction site involves less than30.000 workers-days all the procedureswill be performed according to the safetyfile. If the construction site involves morethan 30.000 workers-days all theprocedures related to design stage andthe construction stage must be performedagain.

The client requests the coordinator toestablish the safety file for subsequentmaintenance work which contains hispropositions for protective measures(collective measures by preference).

His obligations are not different fromthose in the construction stage.

Not specified.


Maintenance is included in the definitionof " construction work " contained in theCDM regulations. The client, therefore,has the same obligations with regard tomaintenance as he does for aconstruction project.

Take into account the safety and healthduring the design of the subsequentmaintenance work (new constructiondirective).

In Japan, any maintenance work isconsidered to be separate and distinctconstruction work, for which a separatecontract is concluded.

Not applicable. See answers to questions under point 5.

56

666...222 To which extent are the coordination tools also being used in this stage ?


See answer to question 6.1. The safety file for subsequentmaintenance work is a manual and at thesame time the basis for furtherconstruction activities. (see question 6.1.)to which the following safety and healthplan is applicable.

The safety file for subsequentmaintenance work is the basis for theextablishment of a new safety and healthplan.

This depends on the texts of the safetystudy relating to maintenance work.

They stop to be used once they arehanded over to the future user.


The safety file is used at this stage but ifthe subsequent works is of significantnature the whole process of coordinationwould come into place again.

Yes, they are also used in this stage. The safety file is the basis for allsubsequent work. It contains all theconstruction plans as built, detail plans,network plans, technical documents,names and addresses of suppliers,maintenance logs, etc. The safetycoordinator does not have to check thesedocuments, besides he does not haveany means of pressure to obtain them.He merely has to list the documentswhich have to be transmitted to the clientat the delivery of the construction project.

Yes, they should be used as if it is anormal construction phase.

Yes, they are also used in this stage.


Exactly the same as for a constructionproject.

The safety plan is/should be handed overto the client to be used duringsubsequent maintenance work.

Not specified. Not applicable. See the answers given to point 5.

57

666...333 What happens with the coordination tools when the construction project is transferred ?


The document established by thecoordinator is handed over to the clientwhen the construction project isdelivered.

The coordination tools are handed overto the owner and the latter has to observeall obligations.

The safety plan is also transferred. The coordinator goes on with his work. The coordinator goes on with his work.


Duties will apply to the new parties andthe project file should move forward if theproject is transferred.

Insufficient knowledge.

Not defined by law.

No information in the Luxemburglegislation as to the transfer of the safetyfile when the construction project isdelivered.

There should also be a file to be handedover to the client.

This is not defined by law.


The new partners to the contract,whether they be clients, coordinators orcontractors take on the CDM dutiesapplicable to their role.

The safety plan is handed over to theclient (not compulsory).

Nil. Not applicable. See answers to point 5.


59

777 PPPrrrooofffiiillleee ooofff ttthhheee cccoooooorrrdddiiinnnaaatttooorrr fffooorrr ttthhheee dddeeesssiiigggnnn ssstttaaagggeee

In most countries, the health and safety coordinator must be a technician with experience (of at least3 years on the average) in keeping with the nature and size of the project. His professional diploma istherefore not a sufficient condition to be coordinator in the design phase.

Certain countries – but only a few – have introduced the obligation to take a special training courseapproved by government.

Coordination can be provided by a legal or a natural person, provided he is professionally competent tofulfil his duties. This also applies to any assistant coordinator.

Cases of incompatibility of duties are rarely defined ; the function of coordinator is incompatible only withthat of an official controller.

60


777...111 What is the profile of the coordinator for the design stage ? Is a specific training legally imposed ?

777...222 Is he a natural or a legal person ?

777...333 Can he be a worker of the party charged with his appointment ?

777...444 Can he be helped by assistants or third persons ? If so, what is the profile of these assistants or third persons ?

777...555 Is this function in any way incompatible with other functions ?

61

777...111 What is the profile of the coordinator for the design stage ? Is specific training imposed ?


Coordinators should have professionalknowledge, sufficient experience onconstruction sites as well as knowledgeof safety and health protection. Accordingto the nature and size of the constructionproject, the coordinator can be anarchitect, an engineer, a foreman or atechnician. Special training is notrequested. The client has to check thecoordinators’ competences.

There is no arrangement as to hisknowledges. His profile has to be fixedaccording to the missions he has to fulfil.

Professional experience related to hisdiploma and specific training of safetyconsultant, level II of I.

He must give proof of his knowledge ofthe regulations and safety and healthtechniques applicable on temporary ormobile work sites. A transitory period of3 years is provided for.

University diploma, constructionknowledges, and a minimum of trainingso as to be able to assume a safetyfunction at an intermediate level.

Training at a training centreacknowledged by government andprofessional experience in constructionproject management.



He is a technician with specific skills andtraining (architect, engineer, constructiontechnician). The specific training isimposed legally and lasts 120 h or 60 h(for people already working in thisindustry).

The coordinator’s competence is basedon an experience either as a projectdirector, a construction manager or as asafety consultant of at least 3 years, aswell as on a specific and personalisedtraining by an agreed institution.

His profile and qualifications have notbeen fixed.

Not yet defined by law.


There is no specific legally imposedtraining, but the appointee must be" competent ", which implies both trainingand experience.

No requirements. The prime employer of a constructionproject where workers of variousemployers are working together has toensure that overall S&H management isproperly carried out. In addition, at worksites where a certain number of workers(usually 50 or more) including those ofsubcontractors are normally employed,the sited manager is designated as theoverall S&H controller. He has to undergocertain training.

Not applicable. No specific training is legally imposedtoday but revised ordinance is preparedwith requirements regarding thecompetence of the coordinator.

62



He is a natural person. He may be a natural or a legal person. Ifhe is a legal person, then a naturalperson assuming the tasks ofcoordination has to be appointed.

Both are possible but the coordinator’smissions have to be executed by anatural person.

The coordinator is a natural person. Both are possible but the coordinator’smissions have to be executed by anatural person.


The project supervisor design stagedealing with coordination can be a naturalperson, a legal person but is in mostcases an undertaking or a businessconsultancy.

A natural person. Any natural or legal person. There is no restriction, it can be both. He can be a single (natural) or a legalperson.


Legal. A natural person. He is a natural person. Not specified. A legal person.

63

777...333 Can this person be a worker of the party charged with his appointment ?


The coordinator can be a worker of theclient, the designers’ or engineering officeor the contractors charged with designand construction stage.

Yes, but the client/project manager thenremains responsible for coordinating thedesign stage.

Yes, but if he is a worker of a contractingparty, then an agreement has to be madebetween the employer and thecoordinator.

As for the real estate developer, thecoordinator can be appointed by atechnician of the designer team or thefuture project supervisor. In any case, heshould be technically competent.

Not specified.


The regulations allow this to be the case. Yes, if he has got the specificrequirements.

According to the Luxemburg regulations,the principal contractor can assume thefunctions of coordinator.

Yes. Yes.


Yes, self appointment can occur,provided the appointing party (the client)is competent to discharge the duties.

Yes. See answer to question 7.1. Not specified. He could be whereconsideration is given to such anappointment at this stage.

Yes.

64

777...444 Can he be helped by assistants or third persons ? If so, what is the profile of these assistants or third persons ?


The coordinator can have arepresentative, provided this person hasexactly the same qualifications as thecoordinator himself and is duly informedby the latter. Both the coordinator and hisrepresentative can be helped byassistants.

Yes, but their profile depend on themissions wich they have to fulfil.

Yes, but his assistant has to have thesame profile as the coordinator himself.

Outsourcing is possible if the assistant orthird person is technically fully competentand has been accredited by theProfessional Authority.

Yes, but under the coordinator’sresponsability.


No profile detail is specified but that thepeople involved must be competent.

Yes, he can be helped but the assistantsshould have specific skills related to theindustry.

Nothing is provided for in the Luxemburgregulations. As long as the newregulations are not applicable, the onlyrequirement concerns his professionalexperience.

Yes, he can be helped by anybody. Thisis not regulated.

Yes, there is nothing in the law thatobstructs. The profile of the assistants orthird persons is not defined by law.


Yes, with the exception of very smallprojects, he should be. The appointeemust be competent, which implies thateveryone contributing to the role mustalso be competent.

No. Not specified. Yes, he could receive assistance ifrequested.

Yes, but the profile is not specified.

65



There is no general rule specifying whichfunction is incompatible with that ofcoordinator. In cases of conflict ofinterests, however, there could beincompatibility (f.i. as a constructionmanager having responsibilities towardhis own employer and as coordinatorhaving responsibilities towards theclient/project manager).

No. There are no formal incompatibilities butin practice some functions may beincompatible.

The function of coordinator is notincompatible with a function of any otherconstruction partner (designer, projectmanager...).

The function of coordinator isincompatible with that of an officialsupervisor.


It is too early yet to comment on this. His function is incompatible with that ofthe coordinator in the construction stage.

The only incompatible aspect is that thefunctions of safety and health coordinatorand that of the safety controller (agreedorganization) are assumed by the samenatural persons. Although this is notlegally prescribed, the coordinator shouldbe independent both towards the clientand especially towards the contractors.

No regulations are made. No.


Only if the planning supervisor attemptsto get involved in the construction phase,which is the responsibility of the principalcontractor.

No. There are many cases in which a personmay be assigned multiple functions inimplementing the work.

Not applicable but it could be included inthe contractual agreement.

No.


67

888 PPPrrrooofffiiillleee ooofff ttthhheee cccoooooorrrdddiiinnnaaatttooorrr fffooorrr ttthhheee cccooonnnssstttrrruuuccctttiiiooonnn ssstttaaagggeee

The same principles as for the coordinator in the design stage apply for the coordinator in theconstruction stage.

Nevertheless, there seems to be a concern in some countries that certain functions are not reallycompatible at the site (for example a works superintendent employed by a construction companyassuming the function of coordinator for the site as a whole).

68


888...111 What is this person’s profile ? Is a specific training legally imposed ?



888...444 Can he be the same person as the coordinator for the design stage ? If so, under which circumstances ?

888...555 Can he be helped by assistants or third persons ? If so, what is the profile of these persons ?


69

888...111 What is this person’s profile ? Is a specific training legally imposed ?


See question 7.1.

Coordinators should have professionalknowledge, sufficient experience onconstruction sites as well as knowledgesof safety and health protection. Accordingto the nature and size of the constructionproject, the coordinator can be anarchitect, an engineer, a foreman or atechnician. Special training is notrequested. The client has to check thecoordinators’ competences.

Appropriate professional training inmatters of construction and civilengineering as well as appropriateprofessional experience (of at least3 years of actual professional activity).

Professional experience related to hisdiploma and specific training of safetyconsultant level II of I.

He must give proof of his knowledge ofthe regulations and safety and healthtechniques applicable on temporary ormobile work sites. A transitory period of3 years is provided for.

University diploma, constructionknowledges, and a minimum of trainingso as to be able to assume a safetyfunction at an intermediate level.

The same as for the coordinator in thedesign stage.



He is a technician with specific skills andtraining (architect, engineer, constructiontechnician). The specific training isimposed legally and lasts 120 h or 60 h(for people already working in thisindustry).

The coordinator’s competence is basedon an experience either as a projectdirector, a construction manager or as asafety consultant of at least 3 years, aswell as on a specific and personalisedtraining by an agreed institution.

There are no regulations for his profile,his competence, his quality nor histraining.

The profile is not yet defined by law.


The appointee must be a competentcontractor with adequate resources to dothe work.

A specific training is not always required.In some cases a EKAS-course andcertificate.

The prime employer of a constructionproject where workers of variousemployers are working together has toensure that overall S&H management isproperly carried out. In addition, at worksites where a certain number of workers(usually 50 or more) including those ofsubcontractors are normally employed,the sited manager is designated as theoverall S&H controller. He has to undergocertain training.

The competent person must have trainingto recognize and correct hazards, but thestandards do not specify additionalrequirements for training or knowledge(except in some specific areas llikescaffolding, excavations and lead).

No specific training is legally imposed.

70



He is a natural person. He may be a natural or a legal person. Ifhe is a legal person, then a naturalperson assuming the tasks ofcoordination has to be appointed.

Both are possible but the coordinator’smissions have to be executed by anatural person.

He is a natural person. Both are possible but the coordinator’smissions have to be executed by anatural person.


The project supervisor design stage andconstruction stage dealing withcoordination can be a natural person, alegal person but is in most cases anundertaking or a business consultancy

He is a natural person. Any natural or legal person. No regulations on this point, both arepossible.

He can be a single or a legal person.


The appointee must be a contractor - i.e.a legal entity.

A natural person. A natural person designed by theconstruction contractor.

Not specified. A legal person.



The coordinator can be a worker of theclient, the designers’ or engineering officeor the contractors charged with designand construction stage.

Yes, but in that case the client/projectmanager remains principally responsiblefor the coordination at the work site.

Yes, but if he is a worker of a contractingparty, then an agreement has to be madebetween the employer and thecoordinator.

Only when the client is the principalcontractor.

Yes, since he should have experience onsites of similar nature (scale,technicality...).


The client can appoint himself as theproject supervisor construction stage orindeed one of his employees. This is notnormally done.

Yes, if he has the specific requirements. According to the Luxemburg regulations,the principal contractor can assume thefunctions of coordinator.

Yes, but he is mostly a worker of theappointed contractor.

Yes.


Yes, if the appointing party (the client) isalso a competent contractor.

Yes. Yes, he can. Yes. Not against legislation but how should itwork in practice ?

71

888...444 Can he be the same person as the coordinator for the design stage ? If so, under which conditions ?


If the coordinator has sufficientqualifications for both activities, a singleperson can assume the functions ofcoordinator in the design andconstruction stage. On small andmedium-sized construction sites, this willgenerally be the case

Yes, but no conditions are specified. Yes, if he has sufficient professionalexperience of the design andconstruction stage.

Yes, under the same conditions. Yes, but he has to have both types ofcertificates proving his competences.


Yes. Yes, under no specific circumstances. Not specified. Yes, but it is unlikely since the employerof the coordinator is mostly not involvedin the construction stage.

Yes, there are no defined circumstances.


Yes, provided the appointee is competentto discharge BOTH roles.

Yes, this is generally the case for smallerconstruction projects.

Not specified. Not applicable. He is the same person from thebeginning because the person is theclient.

72

888...555 Can he be helped by assistants or third persons ? If so, what is the profile of these persons ?


The coordinator can have arepresentative provided this person hasexactly the same qualifications as thecoordinator himself and is duly informedby the latter. Both the coordinator and hisrepresentative can be helped byassistants.

Yes, but their profile depends on themissions which they have to fulfil.

Yes, but his assistant has to have thesame profile as the coordinator himself.

Yes, under the responsibilitiy of acoordinator. The assistant has to be atechnician with adequate safety andhealth knowledge.

Yes, under the coordinator’sresponsability.


The regulations allow for projectsupervisor construction stage to appointsafety coordinators to assist. Very often anumber of people operate the totalservice provided.

No, he cannot. Nothing is provided for in the Luxemburgregulations. As long as the newregulations are not applicable, the onlyrequirement concerns his professionalexperience.

Yes, but since there is no profile for him,there is no profile for his assistant.

There is nothing in the law that obstructs.Their profile is not defined by law.


No, there can only be one appointedprincipal contractor on a project at anyone time, but P.C.’s can be replaced asnecessary.

No. The ISH law neither excludes norrequires that help be provided byassistants or third persons. However,such assistants where applicable areusually persons who are qualified asindustrial safety or industrial healthconsultants and who can provideassistance upon request concerningmeasures related to safety and health.

Yes, but their qualifications are notspecified.

Yes. Their profile is not defined. This is aquestion for the client since he isresponsible for coordination matters bothin the project design and in theconstruction stage.

73



There is no general rule specifying whichfunction is incompatible with that ofcoordinator. In cases of conflict ofinterests, however, there could beincompatibility (f.i. as constructionmanager (Bauleitung) havingresponsibilities towards his own employerand as coordinator having responsibilitiestowards the client/project manager).

No. There are no formal incompatibilities butin practice some functions may beincompatible.

No. Same as for the coordinator in the designstage.


It is too early yet to see if there areincompatible factors but generally thesystem has worked well.

Yes, it is incompatible at the sameconstruction site but is with the functionsof coordinator in design phase and theresponsible person for the works.

The only incompatible aspect is when thefunctions of safety and health coordinatorand that of safety controller (agreedorganization) are assumed by the samenatural person. Although this is notlegally prescribed, the coordinator shouldbe independent both towards the clientand especially towards the contractors.

In the Netherlands this function is alwayscombined. The person who is responsiblefor quality and quantity should beresponsible for coordination. SHEadvisors can assist him.

Yes, with some of those defined byanother law regulating the activity ofsupervisors.


No. No. There are many cases in which a personmay be assigned multiple functions inimplementing the work.

It could be, since undoubtedly thecompetent person has other duties on thejobsite (it may be a foreman, manager, ora worker).

No.


75

999 SSSuuupppeeerrrvvviiisssiiiooonnn ––– SSSaaannnccctttiiiooonnnsss

All of the countries surveyed indicated that the creation or the reinforcement of the function of a safetyand health coordinator can not substitute governmental bodies supervising the regulations in force.

The Ministry of Labour of each country is responsible for applying sanctions in the form of fines to bepaid by the client/contracting authority, the companies or the coordinators, according to their respectiveobligations.

76


999...111 Who supervises whether legislation is being observed ?

999...222 Which penalty is imposed when legislation is not observed ?

77

999...111 Who supervises whether legislation is being observed ?


The client. The Ministry for Labour, Health andSocial Affairs (the Labour Inspectorateand the Labour Inspectorate for theTransport Industry).

The Technical Inspectorate of theAdministration for Safety at Work and theMedical Inspectorate of theAdministration for Health and Medicine atWork and the client.

The Ministry of Labour and Social Affairs. The client.


The Health and Safety Authority. The coordinator in the contruction phase. The Ministry of Labour and the Ministry ofHealth are charged with theimplementation of the Luxembourgregulations, each for its own area ofactivities.

The Dutch Health and Safety Executive,as a part of the Ministry.

IDICT (Institute for the Development andInspection of Work Conditions) throughIGT (General Work Inspection).


The Health and Safety Executive, the UKGovernment Enforcement Authority.

– Swiss Accident Fund (SUVA),

– the police (if someone’s safety or lifehas been endangered – penal code).

The Labour Standards Bureau of theMinistry of Labour. However, the ISH Lawrequires the prime employer to designatean overall S&H controller responsible forcoordination. Usually, the site manager isassigned to the position.

Not applicable but generally the" competent person ".

The Labour Inspectorate.

78

999...222 Which penalty is imposed when legislation is not observed ?


Any person who has voluntarily or out ofnegligence omitted to give prior notice, orgiven incomplete or late notice or whohas not established a safety and healthplan, may be sentenced to pay a fine butop 10,000.-DM.

Any person who has voluntarily omittedto give prior notice or establish a S&Hplan, as a result of which the life or healthof a worker has been endangered, maybe sentenced to a year of imprisonmentor a fine.

A fine of 2,000.- to 100,000.-ATS.

In case of repeated breaches : a fine of4,000.- up to 200,000.-ATS.

According to article 87 of the Law on theWelfare of Workers at work, any personresponsible for the construction of aconstruction project is liable toimprisonment of 8 days up to one yearand/or a fine of 50.- to 2,000.- BEF (to bemultiplied by 200).

Various penalties depending on theseverity of the offence :

– not serious offences : 50,000 –250,000 Pts

– serious offences : 250,000 –5,000,000 Pts

– very serious offences : 5,000,000 –10,000,000 Pts

Fines for not observing the regulations.


There are a range of penalties andinterventions available depending on thebreach of duty.

Different penalties are imposed accordingto the violations and involve the client,the coordinator and the employers.

Employers can be sentenced to animprisonment of 8 days up to 6 monthsand a fine of 2,501.- to 1,000,000.- LUF.Infringements by workers are fined with2,501.- to 30,000.- LUF.

A fine has to be paid. Different penalties depending on whicharticle of the law is violated and thenumber of workers. The penalties canrange from 500 to 20,000 EURO.


Depending on the severity of the offence,the penalty can vary from a maximum of£ 20,000 per offence if heard before aMagistrates Court or unlimited fines andup to 2 years imprisonment if heardbefore a Crown Court.

Imprisonment and/or a fine. A fine or imprisonment. Workers areseldom subject to penalties because thelaw is aimed at protecting them.

Not applicable. There are penaltiesassociated with citations. These arebased on the severity of the violation ofOSHA regulations.

Generally no penalties if any injurieshave occurred. Offences againstsubmitting prior notice, drawing up safetyand health plans are punishable by fines.The same is valid if the coordinator forthe construction stage is not following theduties regarding the S&H plan.



81

111000 WWWhhhaaattt hhhaaasss bbbeeeeeennn aaaccchhhiiieeevvveeeddd ???

The laws on coordination have been applied since too short a period to assess their impact on thereduction of safety and health risks. For countries which have had regulations of this type for a long time(the Netherlands, United States, Japan), the advantages are considered undeniable. But the answersindicate that it is difficult to assess the costs and benefits of coordination as only the cost of theadditional coordination services are accounted and since there is no way to assess the return oninvestments. In addition, certain coordination assignments are an integral part of functions which arealready charged in the cost of researchs or works (the site planning, construction stagesprogramming...).

Moreover, the texts of the regulations seem too imprecise to enable any accurate analytical accountingof coordination services.

In order to ensure the success of this new approach many information and motivation campaigns havetargeted all parties concerned. Their impact, however, has not yet been assessed.

82


111000...111 Is coordination on temporary or mobile construction sites already integrated in your country ?If not, what are the problems ?

111000...222 Has coordination led to a significant decrease of the number of occupational accidents and professional diseases in the constructionindustry ? If so, does this decrease have an effect on the occupational accident insurance premiums ?

111000...333 To which extent has coordination caused an increase of construction costs ?

111000...444 Which aspects of legislation could still be improved and why ?

83

111000...111 Is coordination on temporary or mobile construction sites already integrated in your country ? If not, what are theproblems ?


In Germany, it has taken a long time forthe european directive on S&Hrequirements on temporary or mobileconstruction sites’ to be transposed innational law. Before, only the employers’and workers’ duties were legally fixed.

The law has been applicable since July 1,1999. Therefore, it is to early to sayanything more about it.

Coordination is not yet integrated. Yes. Yes. The coordinators are appointed inan early stage. However, clients are notyet sufficiently motivated.

Irelande Italy Luxemburg Netherlands Portugal

It is too early yet to consider how wellcoordination has worked but on mediumto large projects there is a significantimpact and not quantified and there ispossibly a slower change process withsmall projects.

Yes, it is. One of the biggest problems is that thecoordinator is appointed at a latemoment. A possible solution would be todesign the safety coordinator already atthe preliminary stage when thepermission to build is requested.

Although the law has been implementedsince ‘94, one of the problems seems tobe the assessment of risks.

Yes it is.


Yes, it is fully implemented. No, it is not since there is no legalobligation as yet.

A coordination system on sites is fullyestablished in Japan due to the long-timeapplication of relevant laws andordinances such as the industrial safetyand health law etc. and thethoroughgoing enforcement of suchrequirements.

Not applicable. Yes, it is.

84

111000...222 Has coordination led to a significant decrease of the number of occupational accidents and professional diseases in theconstruction branch ? If so, does this decrease have an effect on the occupational accident insurance premiums ?


As the directive has only been applicablesince July 1998, such figures are not yetavailable.

The law has been applied since July 1,1999. Therefore, no data are availableyet.

The law has been applied since too shorta period yet.

No, it has not and there have not beenany effects as yet.

Too early to answer this question.


There are some negative signals withregard to the level of impact ofcoordination. On the other hand there aresignificant examples of projects wherethe new regulations and coordination hasbeen extremely successful.

The data are not available yet. Statistics are not available yet tomeasure the impact of coordination overthese last few years. However, attitudeshaves changed in a positive way andsafety problems are better tackled at alllevels, from worker up to managementand client.

It is impossible to answer the question. There is not yet enough time andexperience for any conclusion.


It is too soon to identify any statisticallyverifiable trend in accident and ill-healthincidences since the introduction of CDM.However, CDM has certainly raised theprofile of construction health and safetyperformance particularly among the newduty holders - clients and designers.

There is a constant decrease of costsand insurance premiums.

Under the relevant laws and ordinancesassociated with the ISH law, the numberof fatal occupational accidents hasdeclined considerably. The decrease inoccupational accidents has had asubstantial effect on occupationalaccident insurance premiums.

Not applicable but the duties of the" competent person " has shown adecrease of certain injuries and illness atconstruction sites.

There are no statistical figures available.

85

111000...333 To which extent has coordination caused an increase of construction costs ?


It is as yet not possible to evaluatewhether coordination has led to anincrease of construction costs. Suchincreases are not expected. The firstexperiences show an increase of suchcosts between 0,01 % and 1 % of thetotal cost, depending on size, durationand difficulties met.



Costs and benefits have not beencalculated.

The costs and benefits have not yet beencalculated.


There are significant costs if the projectsupervisor roles and coordination areimplemented fully. Contractors areconcerned about these costs and alsowould like to see the projectsupervisor/coordinator costs beingseparate to the competitive tender items.

It ranges from 2,5 to 4 % of the total costof construction.

The only immediate cost is the safetycoordinator’s fee. According to the type ofconstruction project, these costs varyfrom 0,2 % to 1,5 % of the totalconstruction costs.

Is it possible to calculate costs whencoordination is embedded in the projectdesign and construction stages ?

It is difficult to make a percentual relationbetween the costs of implementation ofthe coordination tools and the cost of theproject (it depends also to a great extenton the complexity of the project).


Many architectural and design practicesnow charge clients for performing theplanning supervisor role.

The total costs for conducting aconstruction site have increased.

Not specified. Not applicable. Not specified.

86

111000...444 Which aspects of legislation could still be improved and why ?


The coordinator’s qualificationrequirements, training, performances andthe time spent on the site have not yetbeen sufficiently laid down in Germanlegislation.



Define the person appointed to be acompetent, qualified and trainedtechnician.

The coordinators’ training has to beimproved and the requirements of the jobhave to be laid down more precisely.


The big issues are the registration andqualifications of contractors and theregistration and qualification of workers.

It is important to set up the minimumcontents of the safety and coordinationplans and the safety files.

– Define the conditions of access to theprofession of coordinator in order tomaintain training at the same high level,

– take stringent measures to impose theappointment of the coordinator at anearly stage,

– set of a quality control of the safetycoordinators’ work,

– lay down the coordinator’s preciseminimum performances,

– fix a standard fee.

Better explanation of the regulations.Development of adequate, easy andpractical tools that can be transferredfrom the design stage to the constructionstage.

– Clarification of many aspects of the law,

– definition of the coordinator’s profileand role (duties, missions,assignments,obligations/responsibilities),

– definition of minimum (but general)requirements for the coordination tools.


– Clients’ duties cannot be sub-contracted. Some still try to do this,

– planning supervisor is NOT a newprofession. It must be discharged bythe existing professions. This should beclarified in the regulations,

– it is unclear whether feasibility studiesare covered by the CDM regulations,

– maintenance of fixed plant is exemptfrom the regulations at present, andshould not be. This should be alignedwith maintenance of all other types ofstructures.

Switzerland has not yet transposed theeuropean directive. We think it is not rightto entrust an external specialist withcoordination. This function has to beassumed by the designer and the client.

Not specified. Not applicable. Sweden does not as yet have sufficientexperience to answer this question.



89

111111 MMMoootttiiivvvaaatttiiiooonnn

Major informational actions, motivation campaigns and conferences have been organized for theparties involved in prevention activities. Some of them began well before the adoption of the textstransposing the european directives.

At this time it is not yet possible to assess the results of these information campaigns on changes inattitudes and behaviour of the parties involved.

90

QQQuuueeessstttiiiooonnn

111111...111 What actions are being undertaken and by whom to motivate the parties concerned (clients, architects, contractors,workers...) to implement the legislation related to temporary or mobile construction sites ?

91

111111...111 What actions are being undertaken and by whom to motivate the parties concerned (clients, architects, contractors,workers...) to implement legislation related to temporary or mobile construction sites ?


A common action program based onexperiences on pilot sites and developedby the various parties concerned includesthe establishment of standard contracts,information sessions, press releases,publications, working parties...

The above-mentioned persons aremotivated during information sessions,conferences, through publications, etc.

The idea that " it is better to organizethan to improvise " has been promotedsince many years by a small group ofpeople (accident prevention service,construction labour inspectorates, safetyspecialists and workers’ representatives)at information sessions, speeches,conferences and inquiries.

A program to inform and motivate theparties concerned will shortly be workedout by CNAC (which plays a key role inconstruction issues) and otherspecialised organizations. Specificbrochures will be published.

Training and information. Training and information, brochuresexplaining legislation.


There has been very positive dialogueacross the private/public industry clients,architects, contractors and workers. Newrecommendations have been publishedto further improve the planning andmanagement of construction projects.The statutory body, the Health and SafetyAuthority, the Department of Environmentand the Social Partners have played apositive role in motivating the parties.

Education and information actions as wellas reduction of the insurance premium onthe basis of the amount of accidents andoccupational diseases.

– Information sessions,– training for the coordinators,– establishment of standard documents

by a safety coordinators association,– organization of a european congress.

Organizations of architects, contractors,advisors on S&H matters and Arbouwhave been and still are taking action toimplement legislation.

Seminars, conferences and courses onconstruction safety are being organizedby public institutions, association ofcontractors, universities, etc.


Guidance and information is provided by :– the Health and Safety Executive,– the Construction Industry Advisory

Committee (CONIAC),– the Construction Industry Research and

Information Association (CIRIA),– professional institutions,– employers’ organizations,– construction trade unions,– the Construction Industry Training

Board.

Integrated safety plans explained atconferences, courses, esp. for clients andarchitects.

Technical and financial assistance tocontractors and others in the constructionbusiness by the national government.Various S&H education programs,publication of S&H related materials,activities to promote S&H awareness.

Not specified Motivation, information et inspection bythe Labour Inspectorate are important forsuccessful implementation.


93

111222 OOOttthhheeerrr tttooopppiiicccsss

Associations of safety and health coordinators have until now been set up only in France andLuxemburg. However, many projects are being worked out.

In addition, prevention organizations have provided the construction industry with numerous educationaldocuments on the interpretation of the new regulations, the use of coordination instruments and theinformation of the public.

Finally, it can be noted that it is not possible to generalize on the coordinator’s role and responsibilitieson the basis of the rare examples of jurisprudence, notably in France.

94


111222...111 Does your country have a coordinators’ lobby (organized pressure group) ?

111222...222 Have auxiliary tools been developed to help coordinating safety and health measures on temporary or mobile construction sites ? If so, Ifso, what kind of tools ? By whom have they been developed, how are they being used and what have they resulted in ?

111222...333 Do you know a judicial case of coordination that can lead to jurisdiction (in the design or construction stage) ?

95

111222...111 Does your country have a coordinators’ lobby (organized pressure group) ?


No, but since coordinators often belongto the professional group of engineers orarchitects, preliminary actions have beenundertaken by their representatives tosafeguard quality.

No. No, not yet. No, it has not. There are two associations which aremore or less competitive.


No. Not yet. It was established in 1996 by the firstgroup of S&H coordinators trained by theLabour and Mines Inspectorate and theUniversity of Liège (Belgium).

No, it has not. No.


The Association of Planning Supervisorshas taken on the role, but the existingprofessional institutions have far moreinfluence with the H&S Commission andthe H&S Executive.

No. No. Not specified. No.

96

111222...222 Have auxiliary tools been developed to help coordinating safety and health measures on temporary or mobile worksites ? If so, what kind of tools, by whom have they been developped and what have they resulted in ?


A lot of documents have been preparedby the " Berufsgenossenschaften "(professional committees) of theconstruction industry to help the partiesconcerned implement the directive suchas a model work site contract, a manualfor the establishment of the S&H plan, aswell as texts relative to safety provisionsto be included in the tender documentsfor the various construction professions.

Yes, they will be used in the designstage. They include training courses andstandard safety and health plans forsmaller construction projects. A specialcomputer programme for theestablishment of the safety plans and thesafety file for subsequent maintenancework is also being prepared.Furthermore, a manual explaining the lawon coordination of construction activitieshas recently been published

The CNAC has developed a manual forthe various parties at work on temporaryor mobile construction sites, organizesinformation sessions and helps atinstauring a coordination system on worksites. Further perfection courses areorganized for coordinators.

Brochures have been published as wellas a CD-Rom, explaining how to studythe matters of safety and establish thesafety plans to be used as a coordinatortool.

Follow-up of insurance technicians andlabour inspectors.

Creation of S&H management software.


Special program for constructionmanagement and coordination,guidelines on safety managementsystems and particular approach to thecertification of construction safetymanagement systems by CIF (EmployersFederation).

Peer Committees are promoted by thesocial partners, carrying outconsultancy/advisory actions.

Not specified. Every organization has its own fill-in S&Hplan. Arbouw is making a list of risks formost common work processes which canbe specified according to the project orthe company and is developing a specificsoftware.

Some books have been published on thissubject.


Yes, proforma H&S plans have beendeveloped by organizations such as theNational House-Construction Council(NHBC), which have been widely used inthe house-construction industry. Theyhave resulted in greater awareness.

Integrated safety plans by ETH andSUVA. (Swiss Accident InsuranceCompany).

– Various educational materials,

– publications on S&H awareness andtechnical guidelines for coordinators,

– throroughgoing training in S&Heducation,

– establishment of S&H managementsystems.

Health and Safety packages " SMART-MARK " specially for the constructionindustry workers.

Tools have been developed for theconstruction stage.

97

111222...333 Do you know a judicial case of coordination that can lead to jurisdiction (in the design or construction stage) ?


There have been no judicial cases as yetin Germany related to the coordinators’civil and penal responsibility.

No. In the past, however, complaintshave been filed against designers as aresult of some serious or fatal accidents,but they have rarely been sentenced.

No. No. No, except for one single case where thecoordinator was prosecuted for personalfailure.


We are not aware of any case. No data are available. No. No, we dont not. Yes.


There have been numerous successfulprosecutions by the H&S executive ofboth planning supervisors and principalcontractors for failure to properlycoordinate health and safety during theproject designn and construction stagesrespectively. Clients have also beenprosecuted for failure to appoint aplanning supervisor and/or a principalcontractor and for allowing constructionwork to start before a construction H&Splan has been prepared.

No. There has been no major case oflitigation in this area.

Not specified. In the construction phase we had quitemany, in the design stage only a fewcases.


99

111333 CCCooonnncccllluuusssiiiooonnnsss! Results of the survey

Overall, most european countries have created their own safety and health regulations on measures forconstruction sites. However, the latest national transpositions of the law on coordination are too recent toobserve any tangible impact. Besides, drilling and extraction activities have been excluded fromlegislation.

The predominant role of the safety and health coordinator at the design stage of construction is clearlyevident. The role and responsibilities of the client or contracting authority is essential to a safe andhealthy construction environment

Coordination of activities in the construction stage directed by the client/contracting authority is anothermatter and is essential when several construction companies are working at the same time at the samesite.

The coordinator must be basically a construction technician . There are major differences concerning thecoordinator’s training requirements.

Minimum services to be provided by the coordinator are often defined. The rules on how theassignments are to be carried out are defined by contract with the client/contracting authority, andtherefore very precise.

In most cases, it is not stipulated that the coordination function includes supervision and the power toapply sanctions. Coordination must focus on organizing the work to avoid danger for the workers,stipulating preventive measures and drafting safety plans, thus providing the necessary instructions toprepare a safety file for subsequent maintenance work to be used by the owner.

100

Participation of workers or their representatives is often provided for.

! General conclusions

According to the information collected, the need to coordinate safety and health efforts inconstruction operations is considered vital in order to significantly reduce safety and health risks.

Coordination, which must be integrated in the production process of the works, goes hand in handwith the concern for the quality of the construction project and the environment. The varioussystems to improve performances can thus help to reduce the number of occupational accidentsand diseases.

There are two main approaches to reach this objective :

– an approach based on european directives legally creating the safety and health coordinationfunction,

– the free market approach (particularly in the USA and Japan) establishing by contract acoordination assignment between the various parties involved.

For the european approach, transposition of the directives into national law generally leads tocircumstantial texts, as in France or in Spain, or to very general texts such as in Germany orLuxemburg, depending on the predominant role of government.

Countries outside of Europe generally prefer to use systems such as based on ISO 9000 for theirmore advanced construction operation. That explains why questions of legal nature are often notreplied to by the representatives of these countries.

101

Many questions cannot be answered as the importance of this new prevention tool has still to beassessed. Besides, the Symposium organized by the ISSA International Construction Section inVienna in October 1999 should provide a certain number of answers to questions such as :

– what is the cost/benefit impact of health and safety coordination ?– what should the coordination function include (safety and health plan, relations with construction

operators, responsibilities of each party...) ?

– how can those involved in the construction industry be made more aware of this new approach ?

– how can international instruments to compare the effectiveness of different types of coordinationtools be set up ?

The working group agrees that further exchange of information between countries is essential andthat collaboration between the various international organizations and associations of theconstruction industry should help to provide for adequate methods and tools.

C. HEYRMAN E. CATTARUZZA

COMITE INTERNATIONALPOUR LA PREVENTIONDES RISQUESPROFESSIONNELSDU BATIMENT ET DESTRAVAUX PUBLICS

COMITE INTERNACIONALPARALA PREVENCIÓNDE LOS RIESGOSPROFESIONALESEN LA CONSTRUCCIÓN

INTERNATIONALESEKTION FÜR DIEVERHÜTUNG VONARBEITSUNFÄLLEN UNDBERUFSKRANKHEITEN IMHOCH-UND TIEFBAU

INTERNATIONALSECTION FOR THEPREVENTION OFOCCUPATIONAL RISKS INTHE CONSTRUCTIONINDUSTRY

IIINNNFFFOOORRRMMMAAATTTIIIOOONNN

You have just read the brochure concerning the current status on safety & health coordination in the construction industry. Perhaps would youhave some remarks or comments to make about the information presented in this document or its translation into English and German. Do nothesitate to let us know, using the following questionnaire so that we can update this contribution. We will consider every suggestion.

Thank you for your collaboration.

NAME : ............................................................................................... SURNAME : ...................................................................................................................................

ORGANIZATION :............................................................................................................................................. TÉL. : .......................................................................(name and address) ............................................................................................................................................ FAX : ........................................................................

............................................................................................................................................ E_MAIL : ...................................................................

Your comments aim at : " rectifying " adding information(tick the appropriate box) " correcting the translation " other

Your remarks and comments (your comments in English would be appreciated) :..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

✄

Documents

Coordination of Safety and Health at temporary or mobile ......3 Members of the working party " Coordination of Safety and Health at temporary or mobile construction sites "Germany