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Construction (Use of Explosives) Regulations (Northern Ireland) 1997

S.R. 1997/555 · Made 19 December 1997 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 9 July 2007.

HEALTH AND SAFETY

Made 19th December 1997

To be laid before Parliament

Coming into operation 12th February 1998

The Secretary of State in exercise of the powers conferred on her by Articles 17(1), (2), (3), (5), 20(2), and 55(2) of, and paragraphs 1(1) and (2), 6, 8, 9, 10, 11, 13, 15 and 17(a) of Schedule 3 to the Health and Safety at Work (Northern Ireland) Order 1978f1 and of every other power enabling her in that behalf, after consultation in accordance with Article 46(1) of that Order with the Health and Safety Agency for Northern Ireland and such other bodies as appeared to her to be appropriate, hereby makes the following Regulations—

Annotations to the whole text

Footnotes

f1

S.I. 1978/1039 (N.I. 9)

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Application
  4. 4Person upon whom duties are imposed by these regulations
  5. 5Explosives
  6. 6Training
  7. 7Application to territorial waters
  8. 8Revocation
  9. Signature
  10. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Construction (Use of Explosives) Regulations (Northern Ireland) 1997 and shall come into operation on 12th February 1998.

2InterpretationI1

In these Regulations—

  • F1“construction site” includes any place where construction work is being carried out or to which the workers have access, but does not include a workplace within it which is set aside for purposes other than construction work;

  • F2“construction work” means the carrying out of any building, civil engineering or engineering construction work and includes—

    1. (a)

      the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure or the use of corrosive or toxic substances), de-commissioning, demolition or dismantling of a structure;

    2. (b)

      the preparation for an intended structure, including site clearance, exploration and investigation (but not site survey) and the clearance or preparation of the site or structure for use or occupation at its conclusion;

    3. (c)

      the assembly on site of prefabricated elements to form a structure or the disassembly on site of prefabricated elements which, immediately before such disassembly, formed a structure;

    4. (d)

      the removal of a structure or part of a structure or of any product or waste resulting from demolition or dismantling of a structure or from disassembly of prefabricated elements which, immediately before such disassembly, formed a structure; and

    5. (e)

      the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure,

    but does not include the exploration for or extraction of mineral resources or activities preparatory thereto carried out at a place where such exploration or extraction is carried out; and;

  • F3“structure” means—

    1. (a)

      any building, steel or reinforced concrete structure, railway line or siding, tramway line, dock, harbour, inland navigation, tunnel, shaft, bridge, viaduct, waterworks, reservoir, pipe or pipe-line, cable, aqueduct, sewer, sewage works, gasholder, road, airfield, sea defence works, river works, drainage works, earthworks, lagoon, dam, wall, caisson, mast, tower, pylon, underground tank, earth retaining structure or structure designed to preserve or alter any natural feature, fixed plant and any structure similar to the foregoing; or

    2. (b)

      any formwork, falsework, scaffold or other structure designed or used to provide support or means of access during construction work.

  • F4“territorial waters” means United Kingdom territorial waters adjacent to Northern Ireland; and

  • “vessel” includes a hovercraft and any floating structure which is capable of being staffed.

3ApplicationI1

(1)

Subject to paragraph (2), these Regulations shall apply to and in relation to construction work carried out by a person at work.

(2)

These Regulations shall not apply to any workplace on a construction site which is set aside for purposes other than construction work.

4Person upon whom duties are imposed by these regulationsI1

(1)

It shall be the duty of every employer whose employees are carrying out construction work involving the handling and use of explosives and every self-employed person carrying out construction work involving the handling and use of explosives to comply with the provisions of these Regulations in so far as they affect him or any person at work under his control or relate to matters which are within his control.

(2)

It shall be the duty of every person (other than a person having a duty under paragraph (1) or (3)), who controls the way in which any construction work involving the handling and use of explosives is carried out by a person at work, to comply with the provisions of these Regulations in so far as they relate to matters which are within his control.

(3)

It shall be the duty of every employee carrying out construction work involving the handling and use of explosives to comply with the requirements of these Regulations in so far as they relate to the performance of or the refraining from an act by him.

(4)

It shall be the duty of every person at work—

(a)

as regards any duty or requirement imposed on any other person under these Regulations, to co-operate with that person so far as is necessary to enable that duty or requirement to be performed or compiled with; and

(b)

where working under the control of another person, to report to that person any defect which he is aware may endanger the health and safety of himself or another person.

5ExplosivesF1

(1)

So far as is reasonably practicable, explosives shall be stored, transported and used safely and securely.

(2)

Without prejudice to paragraph (1), an explosive charge shall be used or fired only if suitable and sufficient steps have been taken to ensure that no person is exposed to risk of injury from the explosion or from projected or flying material caused by it.

6TrainingI1

Any person who carries out any construction work involving the handling or use of explosives shall have the necessary training, technical knowledge and experience to reduce the risks of injury to any person or be under such degree of supervision by a person having such training, knowledge and experience, as may be appropriate.

7Application to territorial watersI1

(1)

Subject to paragraph (2), these Regulations shall apply within territorial waters to and in relation to the construction, reconstruction, alteration, repair, maintenance, cleaning, demolition and dismantling of any building or other structure not being a vessel, or any preparation for any such activity.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8RevocationI1

Regulation 19 of the Construction (General Provisions) Regulations (Northern Ireland) 1963f1 is revoked.

Signature

Marjorie Mowlam

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

19th December 1997

Explanatory note

(This note is not part of the Regulations.)

1

The Regulations impose requirements on—

(a)

employers, the self-employed and others who control the way in which construction work is carried out;

(b)

employees in respect of their own action; and

(c)

every person at work as regards co-operation with others and the reporting of danger.

to ensure that no person is exposed to the risk of injury from projected or flying material caused by an explosive charge.

2

The Regulations impose requirements with respect to training and supervision (regulation 6).

3

Regulation 7 specifies the activities in territorial waters adjacent to Northern Ireland to which the Regulations will apply.

4

Regulation 8 revokes regulation 19 of the Construction (General Provisions) Regulations (Northern Ireland) 1963.

5

A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.