S.I. No. 270/1988 - The Construction (Safety, Health and Welfare) (Amendment) Regulations, 1988.

S.I. No. 270 of 1988.

THE CONSTRUCTION (SAFETY, HEALTH AND WELFARE) (AMENDMENT) REGULATIONS, 1988.

I, BERTIE AHERN, T.D., Minister for Labour, in exercise of the powers conferred on me by sections 6 and 71 of the Factories Act, 1955 (No. 10 of 1955) and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1966 ( S.I. No. 164 of 1966 ), after consultation with the Minister for Health and after due compliance with the provisions of the Third Schedule to that Act, as amended by the Safety in Industry Act, 1980 (No. 9 of 1980), hereby make the following Regulations:—

1. (1) These Regulations may be cited as the Construction (Safety, Health and Welfare) (Amendment) Regulations, 1988.

(2) The Construction (Safety, Health and Welfare) Regulations, 1975 ( S.I. No. 282 of 1975 ) and these Regulations may be cited together as the Construction (Safety, Health and Welfare) Regulations 1975 and 1988.

2. These Regulations shall come into operation on the 1st day of November, 1988.

3. Regulation 74 of the Construction (Safety, Health and Welfare) Regulations, 1975, is hereby amended by the substitution for paragraphs (1) and (2) of the following:

"(1) Paragraphs (1) to (3) of this Regulation apply to every opening, corner, break of edge which any person employed is liable to approach or across which any such person is liable to pass, being an opening, corner, break or edge—

( a ) in or of a roof (other than a roof to which Regulation 76 of these Regulations applies), floor, wall or other similar part either of a building or of any other structure whether the roof, floor, wall or other similar part of the building or of the other structure is complete or only partly complete or is in course or construction, maintenance, repair or demolition; or

( b ) in or of a working platform, gangway, or run.

(2) Subject to Regulation 75 of these Regulations where a person is liable to fall from or through an opening, corner, break or edge to which this Regulation applies either a distance of more than 2 metres or into any liquid or material so as to involve risk of drowning or serious injury then, either—

( a ) a suitable guard-rail or guard-rails of adequate strength shall be provided to a height of not less than 0.95 metres and not exceeding 1.20 metres above the surface across which persons are liable to pass together with toe-boards or other barriers up to a sufficient height which shall be not less than 150mm, and shall be so placed as to prevent, as far as possible, the fall of persons, materials and articles and so that the space between any toe-board or other barrier and the lowest guard-rail above it shall not exceed 0.80 metres, or

( b ) a covering shall be provided which is so constructed as to prevent the fall of persons, materials or articles; any such covering shall be securely fixed in position.".

GIVEN under my Official Seal this 20th day of October, 1988.

BERTIE AHERN, T.D.,

Minister for Labour.

EXPLANATORY NOTE.

These Regulations amend Regulations 74(1) and (2) of the Construction (Safety, Health and Welfare) Regulations, 1975 ( S.I. No. 282 of 1975 ). They clarify the provisions relating to guard-rails on and coverings for openings, breaks, etc. in structures such as buildings, working platforms and gangways so as to protect persons employed in construction operations.