Approved Code of Practice on Managing Health and Safety in Construction (ACoP11): Withdrawal

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A decision made 28 September 2016:

Decision Reference: MD - S - 2016 - 0066
Decision Summary Title :	Approved Code of Practice on Managing Health and Safety in Construction		Date of Decision Summary:	26 September 2016
Decision Summary Author:	Director of Health and Safety		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Report on the revocation of the ‘Approved Code of Practice on Managing Health and Safety in Construction’		Date of Written Report:	14 September 2016
Written Report Author:	Director of Health and Safety		Written Report : Public or Exempt?	Public
Subject: Approved Code of Practice on Managing Health and Safety in Construction (ACoP11)
Decision(s): In accordance with Article 10 of the Health and Safety at Work (Jersey) Law, 1989, the Minister agreed to withdraw approval for the Code of Practice on Managing Health and Safety in Construction, with effect from 1 October 2016
Reason(s) for Decision: The decision by the Minister to withdraw approval for the ‘Approved Code of Practice on Managing Health and Safety in Construction’ which came into force on 1 January 2015, was made as the requirements of the Code have been incorporated into the ‘Health and Safety (Management in Construction)(Jersey) Regulations 2016
Resource Implications: There are no implications for the financial or manpower resources of the States
Action required: In accordance with Article 10 of the Health and Safety at Work (Jersey) Law, 1989,the Director of Health and Safety to arrange for publication of the decision to withdraw approval for the Code of Practice, effective from 1 October 2016, in the Jersey Gazette
Signature:		Position: MINISTER
Date Signed:		Date of Decision (If different from Date Signed):

Approved Code of Practice on Managing Health and Safety in Construction (ACoP11): Withdrawal

REPORT ON THE PROPOSED REVOCATION OF THE APPROVED CODE OF PRACTICE on MANAGING Health and Safety in CONSTRUCTION

sUMMARY

the ‘Approved Code of Practice on Managing Health and Safety in Construction’ (CDM ACoP) was approved by the Minister for Social Security on 21 October 2014, and came into force on 1 January 2015.

The CDM ACoP was always intended to be an interim measure to provide practical guidance to persons having legal obligations in respect of construction projects whilst a whole new set of Regulations for the construction industry were being developed.

The Health and Safety (Management in Construction)(Jersey) Regulations 2016, which incorporate the requirements set out in the CDM ACoP, were agreed by the States Assembly on 2 February 2016 and come into force on 1 October 2016.

It is therefore recommended that the Minister revokes the CDM ACoP by formally withdrawing her approval for the code of practice, with effect from 1 October 2016, in accordance with Article 10 of the HSW Law.

BACKGROUND

Calls for new Regulations aimed at improving health and safety in construction were made by the construction industry a number of years ago. The Construction (Safety Provisions)(Jersey) Regulations 1970 were recognised as being outdated; no longer reflecting industry standards, employment relationships in the industry or address the management of health and safety.

During 2013, a Working Party was set up by the Jersey Construction Council, the industry’s representative body, to work with the Health and Safety Inspectorate to develop a new set of Regulations. This included the introduction of prescriptive requirements for managing health and safety, similar to those set out in the UK Construction (Design and Management) Regulations. It was planned to work on the new Regulations during 2014, with the aim of presenting them to the States Assembly for debate in 2015.

Due to the timescales involved, the Working Party recommended that an interim Approved Code of Practice setting out how those with responsibilities under the Health and Safety at Work (Jersey) Law 1989 could meet those duties in respect of construction projects, whilst the proposed draft Regulations were being developed. The intention was that the Approved Code of Practice would be revoked following the introduction of the new Regulations.

The Minister for Social Security, having agreed with this approach, approved the Code of Practice with effect from 1 January 2015. As the Health and Safety (Management in Construction)(Jersey) Regulations 2016 were adopted by the States Assembly on 2 February 2016, with a coming into force date of 1 October 2016, the CDM Approved Code of Practice will be obsolete from that date.

PROCESS FOR THE REVOCATION OF AN ACoP

Article 10(4) of the HSW Law allows for the Minister for Social Security to withdraw, at any time, his or her approval from any Code of Practice approved under Article 10. When doing so, a notice must be published in the Jersey Gazette stating the date on which the approval is to cease to have effect.

RECOMMENDATION

It is recommended that the Minister withdraw approval for the Code of Practice on Managing Health and Safety in Construction, with effect from 1 October 2016.

Director of Health and Safety

14 September 2016