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Notice On The Developer's Duties

Original Language Title: Bekendtgørelse om bygherrens pligter

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Table of Contents

Chapter 1 Area and Definitions

Chapter 2 Expiration of coordinators

Chapter 3 Co-ordination during the design

Chapter 4 Agreements on the common areas

Chapter 5 Coordination in construction and construction work

Chapter 6 Security Council

Chapter 7 Notification

Chapter 8 Construction of the developer for the execution of the work on the construction site

Chapter 9 Exemptions and redress

Chapter 10 Punishment

Chapter 11 Entry into force

Appendix 1

Appendix 2

Appendix 3

Appendix 4

Publication of the developer's duties 1)

Purline of section 37 (2). 2, 3, 5 and 6, sections 73 and section 84 in the working environment, cf. Law Order no. 268 by 18. in March 2005, as amended by law no. 1395 of 27. In December 2008 :

Chapter 1

Area and Definitions

§ 1. The commuting shall include any works of construction. For the purpose of building and construction work, this notice shall mean :

1) work carried out in the construction and modification of buildings and structures, including montageal works,

2) the construction and modification of roads, tunnels, bridges, ports and similar installations ;

3) the groundwork for the above mentioned above ;

4) pipe-and-cabin-planning ;

5) repair and maintenance work of the above and

6) degradation and disassembly of the above or part thereof.

Paragraph 2. Construction sites shall be understood in this notice building spaces employs fewer than 5 persons at the same time.

Paragraph 3. In the case of medium-sized sites, this publication is understood to be a building site that employs between 5 and 10 people at the same time.

Paragraph 4. For large construction sites, in this notice, building sites employs more than 10 persons at the same time as the person concerned.

§ 2. The obligations under the notice shall be the developer of the developer. In the case of developer, the natural or legal person shall be understood to be the natural or legal person for the purpose of which is to be carried out by means of construction work.

§ 3. Where the notice specifies the developer obligations in relation to employers, such obligations shall also apply in relation to undertakings that do not employ employees.

Chapter 2

Expiration of coordinators

§ 4. The developer shall in any construction work where two or more employers are expected to be present at the construction site at the same time ensuring that one or more persons are designated as meeting the skills requirements referred to in section 5, which shall coordinate ; for the safety and health of the construction of the construction project and in the construction and construction work ;

Paragraph 2. The coordinator during the construction of the construction project shall be designated by the establishment at the latest when the design of the construction project agreed by the developer must be initiated.

Paragraph 3. Coordinator during the execution of the works works shall be designated by the establishment ' s most recent construction site.

§ 5. In small construction sites, cf. Section 1 (1). 2, the coordinator shall have expert knowledge of the construction and construction site, including knowledge of the structures of the building.

Paragraph 2. In the case of midsize construction, cf. Section 1 (1). 3, in addition to complying with paragraph 1, 1 shall also have the necessary knowledge of health and safety issues in the construction and construction sector.

Paragraph 3. In large construction sites, cf. Section 1 (1). 4, must be coordinated in addition to the provisions of paragraph 1. Paragraph 1 and paragraph. 2 also have practical experience in the management of a construction work and have carried out a work environment training for coordinators of the safety and health work of the construction and construction sector.

Chapter 3

Co-ordination during the design

§ 6. The developer shall ensure that the coordinators designated as coordinating for safety and health during the preparation of the building project shall be :

1) coordinate for the design, examination and preparation of the construction project, taking into account the general principles of prevention in the area of safety and health referred to in Annex 2, in particular :

a) in the context of architectural, technical and / or organizational choices to plan the various works or workphases to be carried out at the end of each other ;

b) for the assessment of the period to be set aside for the execution of the various works or work stages,

2) develop a safety and health plan containing, inter alia, an organizational plan, a building site planning and a timetable, cf. Annex 3, which includes specific measures concerning particular hazardous work, which are part of one or more categories in Appendix 1. In case of small and medium-sized construction sites, cf. Section 1 (1). 2 and paragraph 1. 3, a plan for health and safety shall be drawn up only when the work is covered in Annex 1 ;

3) develop a dossier adapted to the characteristics of the building or plant and containing a list of the special conditions relating to safety and health to be taken into account in the future of any work. Where, in accordance with the notification of the project and the obligations of advisors, etc., in accordance with the law of work environment, requirements for the projection of the project to draw up a list of the special conditions to be observed in relation to safety and health at the same time, any future repairs or maintenance worker may be included in the list drawn up by the projection.

Paragraph 2. In connection with coordination, cf. paragraph 1, no. 1, and the preparation of the plan for safety and health, cf. paragraph 1, no. 2 it shall be ensured :

1) existing installations in the soil are identified and checked, as well as to the extent necessary to ensure and clear mark, prior to the commencement of the work ;

2) that any special risks to the area are identified, assessed and, where necessary, be addressed and clearly marked before the work is carried out,

3) the necessary technical installations shall be established and shall be implemented in a timely manner to use, as well as to the extent necessary to verify and maintain the necessary checks ;

4) that ferries at the construction site at any time may be carried out in full responsibly, including the necessary lighting of road traffic routes ;

5) suitable technical assistance may be used to the extent necessary,

6) the materials may be disposed of in appropriate place and in a stable layers,

7) areas where work processes are carried out involving special risks as far as possible are not, at the same time, to be a working area or a road traffic area for others ;

8) the procedures for ongoing control of installations, security measures and any special risks, etc., and

9) a coordination of contingency, evacuation and training plans shall be laid down in accordance with section 23 of the notice on the execution of the work.

§ 7. Where a construction project is divided into sub-projects, the coordination of safety and health during the preparation of the construction project shall be taken into account in all safety and health plans and records.

Chapter 4

Agreements on the common areas

§ 8. The developer must with the assistance of its coordinator before the construction site is established and then continuously ensure that it is delimited where, and when on the site, there will be more companies engaged at the same time, and the developer must take an agreement with the individual employers of who is responsible for establishing, maintaining and removing the different security measures in the common areas.

Paragraph 2. The safety and health plan shall be laid down in the plan for safety and health who at any time must maintain, maintain and remove the planned common security measures in the common areas and any common welfare measures, and to ensure that : order and cleanup, including the snarling, grubbing and removal of waste.

Chapter 5

Coordination in construction and construction work

§ 9. The developer shall ensure that the coordinator of the security meetings shall coordinate the measures taken by employers to promote the safety and health of employees in the common areas.

Paragraph 2. The developer shall ensure that the coordinator on behalf of the developer calls the employer or their representatives and the security groups at the site of the security meetings and to ensure that the coordinator is in charge of the meetings and the minutes of the minutes to be drawn up. The meetings. The minutes shall be sent to the participants, the developer, all working leaders, the employees, the security groups, as well as possible representatives of trust.

Paragraph 3. Ordinary safety meetings shall be held at least once every 14. Day. Extraordinary meetings shall be held if there are serious accidents, poisoning or other health damage or to be incurred in such a way, as well as, where appropriate, where appropriate.

Paragraph 4. Small and medium-sized building sites, cf. Section 1 (1). 2 and paragraph 1. Paragraph 3 shall not be subject to paragraph 1. ONE-THREE.

§ 10. The developer shall ensure coordination of coordination :

1) the planning of the various works or stages of work to be carried out simultaneously or in accordance with the technical and / or organizational choices carried out by the construction project,

2) the organisation of cooperation between employers, including employers following each other in the construction site, and the coordination of activities aimed at protecting workers from health risks and the prevention of accidents ;

3) the employers at the construction site use the principles set out in Annex 2, point. 2, in a coherent manner,

4) the employer shall apply the safety and health plan where required,

5) the checks carried out by employers in accordance with the requirements of the work processes.

§ 11. The developer shall ensure that the coordinator

1) it shall update it in section 6 (4). 1, no. 2 the plan for safety and health, including the organizational plan, the building site planning and the timetable as work on the construction site progress; and any changes being made ; and

2) make adjustments to the one in section 6 (1). 1, no. 3 mentioned journal if any changes are made.

Paragraph 2. The plan shall, throughout the construction period, be available to the employees and employers in the construction site.

§ 12. The developer shall, as part of the coordination in the construction site, ensure that, by means of personal presence and contact at the site, the coordinator shall carry out appropriate checks to ensure that what has been agreed on the common areas with employers, and What has been decided at the meetings of the European Security Council is being observed.

Paragraph 2. The developer must also ensure that coordination is carried out in the framework of coordination with appropriate monitoring of cooperation on the security of the common areas, by the way.

Paragraph 3. Small and medium-sized building sites, cf. Section 1 (1). 2 and paragraph 1. Paragraph 3 shall not be subject to paragraph 1. Paragraph 1 and paragraph. 2.

§ 13. The developer shall ensure that the coordinator takes the necessary measures to ensure that only authorised persons are given access to the construction site.

Chapter 6

Security Council

§ 14. In the case of construction work, it may be possible to set up the security council where, for a period of four weeks or more, more than 100 employees are employed in a period of four weeks or more than 100 employees, unless the Health Safety work is estimated that the safety work must be coordinated at the end of the day ; security meetings after paragraph 9.

Paragraph 2. The Security Council shall comprise the coordinator on behalf of the developer, as well as representatives of the safety representatives of the working office, employers and labour officials. The safety representatives of the working party are choosing between two members, and employers and the managers choose between each member of the Security Council, in which the coordinator enters the chair.

Paragraph 3. Where the security council has been established, the advice shall be taken over to the functions and tasks of the safety functions.

Paragraph 4. Meetings of the Security Council shall be held in accordance with the same guidelines as for security meetings, cf. § 9. The Security Council will also have to hold a meeting with all the security groups at least once in the quarter.

Chapter 7

Notification

§ 15. The developer shall report the construction site for the place of work at the place where the work is started, if :

1) the expected duration of work exceeds 30 working days and at least 20 workers employed at the same time, or

2) the estimated amount of work exceeds 500 mandated days.

Paragraph 2. Notification must be carried out on one of the Work ' s equipment, drawn up form in electronic form or in form and contain the information provided for in Annex 4. A copy of the notification shall be made in a visible site in the construction site.

Chapter 8

Construction of the developer for the execution of the work on the construction site

§ 16. The developer must help ensure that the work on the construction site can be carried out in a safe and healthy way.

Chapter 9

Exemptions and redress

§ 17. The Director of the Health Safety Board may, where special circumstances exist, authorise deviations from the provisions of this notice, where it is deemed reasonable and justifiable, and to the extent that it is compatible with Council Directive 92 /57/EEC, minimum safety and health requirements for temporary or mobile construction sites.

§ 18. The decisions of the labor force following the publication may be subject to section 81 law of work environment.

Chapter 10

Punishment

§ 19. Unless higher penalties have been inflited on the law on working life or other legislation, penalty of fine or imprisonment shall be punishable for two years :

1) Clause section 4-13 and section 15-16.

2) Do not comply with the notice issued in accordance with the notice.

3) Overrides the Terms of Exemptions by the notice.

Paragraph 2. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Chapter 11

Entry into force

20. The announcement shall enter into force on 1. January, 2009.

Paragraph 2. At the same time, notice No 576 of 21. June 2001 on the developer's duties.

Paragraph 3. Coordinators, there before 1. In January 2006, the work environment has been implemented, not implementing the working environment training for the safety and health work of the construction and construction sectors.

Paragraph 4. The provisions relating to the designation of coordinators during the construction of the construction project, cf. section 4 and the provisions for coordination during the design, cf. Chapter 3 shall apply to projects and sub-projects to which the developer is 1. In January 2009 or later, agreement is about the start of the implementation. In construction projects, where the design or partial design and / or construction work has been initiated before the 1. However, in January 2009, account shall be taken of the requirements laid down in Chapter 3 to the extent necessary for compliance with the requirements of chapters 4 to 6 and 8.

The SEC, the 27th. December 2008 Jens Jensen / Sonja Ploug Jensen

Appendix 1

List of particularly dangerous work

1) Work involving particularly serious risk of being buried is to sink or to crash, because of the nature of the activities or the work of work or construction, or because of the nature of the work or construction.

2) Work, which exposes the workers of chemical or biological substances and materials, which either constitute a particular hazard to the safety and health of workers, or constitute legal requirements for health checks.

3) Work that exposes workers on ionizing radiation, which makes it necessary to identify controlled and monitored areas as defined in Article 20 of Council Directive 80 /836/Euratom.

4) Work near high voltage power lines.

5) Work that poses danger of drowning.

6) Work in wells and tunnels, and subterranean work.

7) Work under water for which diver equipment is used.

8) Work in a pressure chamber.

9) Work, which involves the use of explosives.

10) The dismantling and dismantling of heavy prefabricated elements.


Appendix 2

General prevention principles

1. General prevention principles, cf. Article 6 (1). 2 of Council Directive 89 /391/EEC on the implementation of measures to improve the safety and health of workers at work.

1) Prevention of risks.

2) Evaluation of risks that cannot be prevented.

3) Combating hazards at source.

4) Adaptation of the work to man, in particular as regards the design of the workplace and the choice of work equipment and work and production methods, in particular with a view to limiting monotonous work and work in a given rhythm and that : reduce the impact of such work on the health.

5) The penthouse to technical progress.

6) Replacement of what is dangerous to something that is safe and dangerous or less dangerous.

7) The planning of prevention to make it a coherent whole, in the prevention of technology, organization of the work, working conditions, social relations and effects from factors in the working environment.

8) Adoption of measures for collective protection rather than measures for individual protection.

9) Instructional instruction of the workers.

2. General prevention principles to be observed by employers, cf. Article 6 of Council Directive 89 /391/EEC on the implementation of measures to improve the safety and health of workers at work, by means of the construction and / or civil engineering activities.

1) Maintenance of order and satisfactory hygienic conditions at the site.

2) Elections of the locations of the jobs, taking into account the access conditions to these jobs and road routes or areas in the construction site.

3) Guidelines for the handling of different building materials.

4) Maintenance, control before commissioning and regular checks on installations and devices designed to remove defects that may affect the safety and health of workers.

5) Delimiting and accommoding areas for storage and storage of materials, in particular where hazardous substances or products are concerned.

6) Guidelines for the elimination of hazardous waste substances.

7) Removal and removal or disposal of waste and debris.

8) Adaptation of the actual amount of time to be applied to the different types of work or work stages as the work on the construction site is progressing.

9) Cooperation between employers and the self-employed person.

10) The cooperation with the activities carried out or near the site where the site is located.


Appendix 3

Safety and health plan

The plan shall include :

1) an organizational plan,

2) a construction site-building,

3) a timetable,

4) an indication of the road areas,

5) an indication of the areas where the work of several employers and their employees will be carried out ;

6) an indication of the joint security measures established in the common areas,

7) a delimitation of the areas where the work results in particular risks ;

8) a procedure for ongoing control of installations, security measures and any special risks, etc.,

9) an indication of who is required to carry out any on-going control and coordination of contingency, evacuation and training plans,

10) specific measures relating to the possible, particularly dangerous work, cf. Section 6 (2). 1, no. 2, cf. Annex 1.

The building site-building must show where there is :

1) existing hazards in the area and on which risks,

2) access, transport and escape routes,

3) kran, hogs and scaffolds,

4) set aside for material depots, temporary workshops and waste containers ;

5) the provision of space for welfare measures,

6) connectivity to electricity, water and seces; and

7) alarm, fire, rescue and first aid equipment.

The schedule must specify :

1) when the individual employer has work tasks in the construction site and the amount of time allocated to each worker or work stage ;

2) during which periods to be carried out, which will result in particular danger, cf. Annex 1.


Appendix 4

Content of notification after section 15

1) Submission date :

2) The exact location of the construction site :

3) The developer (s), name (s), and address (s) :

4) The nature of the construction of the trade :

5) The project (s) :

6) Security and Health Coordinator :

7) The expected date for the start of work on the construction site :

8) Expected duration of work on the construction site :

9) Expected largest number of workers in the construction site :

10) Expected number of companies and self-employed in the construction site :

11) Indication of the undertakings which have already been selected :

Official notes

1) The announcement contains provisions implementing Council Directive 92 /57/EEC of 24. June 1992 laying down minimum requirements for safety and health on temporary or mobile construction sites, EC-tiering 1992, L 245/6