Notice On The Developer's Duties

Original Language Title: Bekendtgørelse om bygherrens pligter

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Overview (table of contents) Chapter 1 Scope and definitions

Chapter 2 appointment of coordinators

Chapter 3 Coordination during the design

Chapter 4 agreements on common areas

Chapter 5 Coordination during construction work

Chapter 6 Security Council

Chapter 7 review

Chapter 8 Developer's contribution to the performance of work on the construction site

Chapter 9 waivers and appeals

Chapter 10 Penalty

Chapter 11 entry into force

Annex 1

Annex 2

Annex 3

Annex 4 The full text of the Decree on the developer's pligter1)

Under section 37, paragraph 2, 3, 5 and 6, § 73 and section 84 of the Act on occupational safety and, see. lovbekendtgørelse nr. 268 of 18. March 2005, as amended by Act No. 1395 of 27. December 2008, shall be based on:

Chapter 1

Scope and definitions

§ 1. The Ordinance covers any construction work. By construction work for the purposes of this Ordinance:





1) work carried out in connection with the construction and alteration of buildings and constructions, including assembling works,

2) construction and modification of roads, tunnels, bridges, airports and similar facilities,

3) digging and ground work in connection with the above,

4) pipe and cable laying,

5) repair and maintenance work of the above and

6) breakdown and disassembly of above or parts thereof.





(2). By small construction sites for the purposes of this Ordinance construction sites employing fewer than 5 people simultaneously.

(3). By medium-sized construction sites for the purposes of this Ordinance construction sites employing between 5 and 10 people simultaneously.

(4). At large construction sites for the purposes of this Ordinance construction sites employing more than 10 people at the same time.

§ 2. Obligations under the Ordinance shall be the responsibility of the developer. By the client for the purposes of this Ordinance the natural or legal person on whose behalf the completed a construction or civil engineering.

§ 3. Where the notice specifies the client obligations in relation to the employers, such obligations shall apply also in relation to companies that do not employ staff.

Chapter 2

The designation of coordinators

§ 4. The developer must at any construction work, where two or more employers are expected to be present on the construction site at the same time, ensure the appointment of one or more persons that meet the competence requirements listed in clause 5 to coordinate health and safety during the design of the building/construction project and during the execution of the construction work.

(2). Coordinator in the preparation of building/construction project must be designated at the latest when the design of the developer agreed with the construction/construction project is initiated.

(3). Coordinator during the execution of the construction work must be designated at the latest when the construction site set up.

§ 5. On small construction sites, see. section 1, paragraph 2, should the Coordinator have expert knowledge of the construction area, including knowledge of the construction industry players.

(2). On medium-sized construction sites, see. section 1, paragraph 3, the Coordinator in addition to satisfy paragraph 1 also have the necessary knowledge about safety and health issues within the construction area.

(3). On large construction sites, see. section 1, paragraph 4, Coordinator in addition to comply with paragraphs 1 and 2 also have practical experience in the management of a construction work and have implemented an occupational safety and health training for coordinators of work health and safety within the building and construction sector.

Chapter 3

Coordination during the design

§ 6. The developer must ensure that the person or the co-ordinators have been designated to coordinate safety and health during the project preparation stage:





1) coordinates in relation to the design, study and elaboration of the construction project, and takes account of the General principles of prevention in the area of health and safety, as set out in annex 2 and in particular:





(a)) in connection with architectural, technical and/or organizational aspects in order to plan the various items or stages of work which must be performed after each other and

(b)) in connection with the assessment of the period to be allocated for the execution of such work or work stages,





2) shall establish a safety and health plan, which contains, among other things. an organizational chart, a construction drawing and a schedule, see. Annex 3, which contains specific measures concerning particularly dangerous work, which falls under one or more of the categories set out in annex 1. By small and medium-sized construction sites, see. section 1, paragraph 2 and paragraph 3 shall only be drawn up a safety and health plan when the work is included in annex 1,

3) shall draw up a register, which is adapted to the building or the installation's characteristics, and which contains a list of the specific conditions relating to safety and health, should be taken into account in the context of possible future work. Where, according to the Executive order on project engineers and advisers duties, etc. in accordance with the law on safety and health is a requirement that the project must draw up a list of the specific conditions to be observed in relation to safety and health for future repair or maintenance work, can the register be included in the list drawn up by the project.





(2). In the context of the coordination regulation. (1). 1, and the drafting of the plan for health and safety regulation. (1). 2 it must be ensured:





1) to existing installations in the ground is identified and checked and, where necessary, ensure and clearly marked before work commences,

2) to any specific risks in the area are identified, evaluated and, where necessary, be addressed and clearly marked before work undertaken,

3) the necessary technical installations is established and carried forward in a timely manner to user facilities, and, where necessary, be controlled and maintained,

4) to road traffic at the construction site at any point in time may be less than fully justifiable circumstances, including with the necessary illumination of traffic routes,

5) to suitable technical means can be used, where necessary,

6) that materials may be placed on the market on appropriate space and on stable surface,

7) to areas where the completed workflows that involve special risks, as far as possible not to be at the same workplace or traffic area for others

8) that there is a set procedure for continuous control of installations, security measures and any special risks, etc. and

9) where necessary, provide for a coordination of preparedness, evacuation and exercise plans under section 23 of the Ordinance on the execution.





§ 7. Where a building or construction project is divided into sub-projects, the coordination of safety and health matters during the project preparation stage take into account all safety and health plans and records.

Chapter 4

Agreements on common areas

§ 8. The developer shall, with the assistance of its Coordinator in the construction site shall be established and thereafter on an ongoing basis to ensure that it is defined where and when at the construction site, there will be multiple companies simultaneously, and the developer must take agreement with individual employers as to who has the responsibility to establish, maintain, and remove the various security measures in public areas.

(2). It must appear from the plan for the safety and health of the who at any time to provide, maintain, and remove the scheduled joint security measures in public areas and any common welfare measures and ensure order and ryddelighed, including snow removal, gritting and removal of waste.

Chapter 5

Coordination during construction work

§ 9. The developer must ensure that the Coordinator at the organisation of security meetings coordinate employers ' measures to promote the safety and health of workers in public areas.

(2). The developer must ensure that the Coordinator on behalf of the developer shall convene employers or their representatives and the security groups on the construction site to security meetings and making sure that the Coordinator Chair the meetings, as well as to draw up minutes of meetings. The minutes shall be sent to the attendees, the developer, all supervisors, they employed businesses, security groups, as well as any Union representatives.

(3). Regular safety meetings to be held at least once every 14. day. Extraordinary meetings shall be held, if there occur serious accidents, poisoning or other health damage or attempts to do so, as well as when there is a need for this.

(4). Small and medium-sized construction sites, see. section 1, paragraph 2 and paragraph 3, are not covered by paragraphs 1 to 3.

§ 10. The developer must ensure that the Coordinator will coordinate:





1) planning of such work or work stages, to be carried out simultaneously or in succession, taking into account the technical and/or organisational choice made by construction or construction project,

2) organisation of cooperation between employers, including employers, following each other on the construction site, and the coordination of activities designed to protect the employees against health risks and prevent accidents,


3) to employers on the construction site using the principles set out in annex 2, paragraph 2, in a coherent manner,

4) that employers are using the plan for safety and health, when it is required,

5) employers ' control of that work processes are carried out in accordance with the requirements.





§ 11. The developer must ensure that the Coordinator





1) updating the in clause 6 (1). 2 safety and health plan, including the organizational chart contained in the plan, construction drawing and schedule as the work on the construction site progress and any changes to be made and

2) making adjustments to it in § 6 (1). 3 the said journal, if any changes are made.





(2). The plan must throughout the construction period be available for employees and employers on the construction site.

§ 12. The developer as part of the coordination on site ensure that the Coordinator, inter alia. by personal presence and contact the site implements an appropriate verification that what has been agreed on common areas with employers, and that which is decided at the security meetings, will be respected.

(2). The developer must also ensure that the Coordinator as part of coordination through an appropriate control leads of cooperation on safety in public areas in General.

(3). Small and medium-sized construction sites, see. section 1, paragraph 2 and paragraph 3, are not covered by paragraph 1 and paragraph 2.

§ 13. The developer must ensure that the Coordinator shall take the necessary measures to ensure that only authorized persons have access to the construction site.

Chapter 6

Security Council

§ 14. By building and construction work of the Security Council, where there may be set up for a period of 4 weeks or more, taken together, are employed more than 100 workers, unless the Labour Inspectorate estimates that security work must be coordinated by the Organization of security meetings in accordance with § 9.

(2). The Security Council is composed of the Coordinator on the developer's behalf, as well as representatives for workplace safety representatives, employers and labour leaders. Workplace safety representatives choose in between two members, and employers and labour leaders choose in between themselves each a member of the Security Council, in which the Coordinator joins as President.

(3). Where there are established Security Council, takes over the functions and tasks of Security Council meetings.

(4). Meetings of the Security Council be held according to the same guidelines as for security meetings, see. § 9. The Security Council will also hold a meeting with all security groups at least once a quarter.

Chapter 7

Review

§ 15. The client must notify the worksite to the Labour Centre, before work commences, if





1) expected duration of work exceed 30 working days and at least 20 employees are employed at the same time, or

2) the perceived workload exceeds 500 man-days.





(2). Notification must be made on one of the Danish working environment authority worked out form electronically or in paper form and contain the information specified in annex 4. A copy of the notification shall set up a visible place on the construction site.

Chapter 8

The developer's contribution to the performance of work on the construction site

§ 16. The developer must contribute to the work on the construction site can be performed by the safety and health fully justifiable.

Chapter 9

Waivers and appeals

§ 17. The Director of the labour inspectorate may, where special circumstances exist, allow derogations from the provisions of this Ordinance, when it is deemed reasonable and defensible, and in so far as it is compatible with Council Directive 92/57/EEC on the minimum safety and health requirements at temporary or mobile construction sites.

§ 18. The Danish working environment service's decisions can be appealed in accordance with the law after publication on OSH section 81.

Chapter 10

Penalty

§ 19. Unless a higher penalty is inflicted by law OSH or other legislation are punishable by fine or imprisonment up to 2 years the who:





1) violates sections 4-13 and § § 15-16.

2) fails to comply with the injunction granted in accordance with the notice.

3) overrides the conditions for exemptions after notice.





(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Chapter 11

Date of entry into force of

§ 20. The notice shall enter into force on the 1. January 2009.

(2). At the same time repealed Executive Order No. 576 of 21. June 2001 on the developer's obligations.

(3). Coordinators, who before the 1. January 2006 have implemented health and safety training shall not implement occupational safety and health training for coordinators of work health and safety within the building and construction sector.

(4). The Executive order to provide for the designation of coordinators during the design of the building/construction project, see. section 4 and the provisions on coordination during the design of the basic regulation. Chapter 3 shall apply to projects and sub-projects, which the developer 1. January 2009 or later enter into agreement on launching. By building/construction projects where the design or delprojekteringen and/or construction work has been launched before the 1. January 2009, however, must take into account the requirements set out in Chapter 3 to the extent necessary for the fulfilment of the requirements laid down in chapters 4-6 and 8.
The Labour Inspectorate, the 27. December 2008 Jens Jensen/Sonja Ploug J Annex 1

List of particularly dangerous work




1) work involving particularly serious risk of being buried, to sink down or crashing because of activities or the workflow used art or because of workplace or construction works surroundings.

2) Work which expose workers to chemical or biological substances and materials, which either represents a special danger for the safety and health of workers or involves the legal requirement for health monitoring.

3) Work which expose workers to ionizing radiation, and which makes it necessary to designate controlled and supervised areas as defined in article 20 of Council Directive 80/836/Euratom.

4) Work near high voltage power lines.

5) Work involving the risk of drowning.

6) Work in wells and tunnels and subterranean work.

7) Work under water, to which used diving equipment.

8) Work in the pressure Chamber.

9) Work, which involves the use of explosives.

10) mounting and dismantling of heavy prefabricated components.

Annex 2

General principles of prevention

1. General principles of prevention, see. Article 6, paragraph 2 of Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work.




1) prevention of risks.

2) Evaluation of risks which cannot be avoided.

3) combating the risks at source.

4) adapting the work to the individual, especially as regards the design of the workplace as well as the choice of work equipment and the choice of working and production methods, in particular with a view to alleviating monotonous work and work at a particular rhythm and to reduce the impact of such work on health.

5) taking into account technical progress.

6) replacing what is dangerous with something that is non-hazardous or less hazardous.

7) planning of prevention in order to turn it into a coherent whole, within which the prevention includes technology, organisation of work, working conditions, social relationships and the influence of factors in the work environment.

8) the adoption of measures for collective protection rather than measures of individual protection.

9) Appropriate instruction to workers.



2. General principles of prevention, to be taken by employers, see. Article 6 of Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work, in the performance of construction and/or construction work.




1) maintaining order and satisfactory hygienic conditions at the construction site.

2) selection of the location of jobs, taking into account the accessibility to these workplaces and traffic routes or areas on the site.

3) guidelines for the handling of various building materials.

4) maintenance, checking before commissioning and regular checks on installations and devices in order to remove the defects which may affect the safety and health of workers.

5) Delineation and fitting-out of areas for storage and storage of materials, in particular in the case of dangerous substances or products.

6) guidelines for the removal of dangerous wastes.

7) Storage and elimination or disposal of waste and rubble.

8) Adaptation of the actual time that will be used on the different types of work or work stages, as work on the construction site progresses.

9) cooperation between employers and the self-employed.

10) interaction with the activities going on at, or near the place where the construction site is located.

Annex 3

Safety and health plan

The plan must include:




1) an organisation chart

2) a site drawing

3) a timetable

4) an indication of the traffic areas,


5) an indication of the areas where there will be work performed by several employers and their employees,

6) an indication of the common safety measures put in place in public areas,

7) a delimitation of the areas where the work involves special risks,

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

9) an indication of who is responsible for carrying out any planned continuous control and coordination of preparedness, evacuation and the practice plans,

10) specific measures relating to EVS. particularly dangerous work, cf. section 6 (1). 2 of the basic regulation. Annex 1.



Construction drawing must show where there is:




1) existing risks in the area and what are the risks,

2) access, transport and escape routes,

3) crane, hoists and scaffolding,

4) set aside space for material depots, temporary garages and waste containers,

5) set aside space for the welfare measures,

6) connection for electricity, water and sewer and

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



The schedule must specify:




1) when the individual employer has work at the construction site and how much time is devoted to individual work or work stages

2) in which periods, which must be carried out work, which causes special danger, see. Annex 1.

Annex 4

The content of the notification under section 15




1) date of submission:

2) Build square's exact situation:

3) Client (s), name (s) and address (s):

4) art Works:

5) The (De) project:

6) Coordinator for safety and health:

7) Expected date of commencement of work on the construction site:

8) Expected duration of the work on the construction site:

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

10) Expected number of enterprises and self-employed persons on the construction site:

11) indication of the companies, which already have been selected:

Official notes 1) Ordinance contains provisions implementing Council Directive 92/57/EEC of 24. June 1992 on the minimum safety and health requirements at temporary or mobile construction sites, Official Journal 1992 L 245/6

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