Page 127 - Civil Engineering Project Management, Fourth Edition

Civil Engineering Project Management
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law is proved not to have followed the relevant provisions of the code he or
she will need to demonstrate compliance with the law by other means, or a
court may find him or her at fault. The ‘Guidance’ in HSG 224 (put in normal
type) has a different legal status and is not compulsory. However, if its provi-
sions are followed this should normally be enough to achieve compliance
with the law. Both clients and designers need to appreciate the implications of
the new Code of Practice because of its legal status, and its extension of their
duties beyond those given in the CDM Regulations.
The new Code also emphasizes the need for the management of health
and safety throughout the life of a project, and therefore HSG 224 includes key
elements of the Management of Health and Safety at Work Regulations 1999.

10.7 The Management of Health and Safety at
Work Regulations 1999

The Management of Health and Safety at Work Regulations – known as ‘the
Management Regulations’ – were first published in 1992 but were later
revoked and replaced by the same titled regulations of 1999 (SI 1999/3242).
They implement EC Directive 89/391/EEC (known as ‘the Framework Direc-
tive’) which was passed to encourage improvements in the health and safety
of workers at work. Although the general provisions of the Directive were
already covered by virtue of the 1974 Act the details of the European legisla-
tion needed to be enacted by means of regulations. Both the early 1992 version
and the substituted 1999 version of the regulations have provided the back-
cloth for other regulations to be enacted. Five other ‘daughter’ EC Directives
were introduced following the ‘Framework Directive’ and these have been
implemented in further UK regulations. Together with the 1999 Management
Regulations they are what have been called the ‘Six Pack’ Regulations. The
further UK Statutory Instruments are:

• The Workplace (Health, Safety and Welfare) Regulations 1992.
• The Provision and Use of Work Equipment Regulations 1998.
• The Personal Protective Equipment at Work Regulations 2002.
• The Manual Handling Operations Regulations 1992.
• The Health and Safety (Display Screen Equipment) Regulations 1992.

These regulations are fundamental to modern principles of health and safety
management and deal with assessment of risk and arrangements for compe-
tence in the measures needed to protect individuals and prevent accidents.
While CDM is not part of the ‘Six Pack’, the Management Regulations will
always apply in those circumstances where CDM does not apply. Schedule 1
of the Management Regulations further requires not only that risks should be
avoided and combated at source, but also that those which are unavoidable