RAMS questions answered

No law uses the term "RAMS" or sets a format for it, but the law does require a suitable and sufficient risk assessment for your work. HSE says method statements are not required by law for most construction activities, although they are widely prepared. The exception is demolition, dismantling and structural alteration, where the arrangements must be recorded in writing before the work begins.

Source: HSE: Construction, managing health and safety (method statements)

A risk assessment identifies the hazards and the controls needed, while a method statement describes, step by step, how the job will actually be done safely. HSE says a method statement can be generated from a risk assessment, sets out the work in a logical sequence and includes all the control measures. Its main purpose is to explain the safe system of work to the people doing the job.

Source: HSE: Construction, managing health and safety (method statements)

A method statement should set out, in a logical sequence, exactly how the job will be carried out and all the control measures. HSE adds that it may include arrangements for dealing with serious or imminent danger. The most effective method statements often include diagrams.

Source: HSE: Construction, managing health and safety (method statements)

The employer or self-employed person responsible for the work must make sure the risk assessment is done, either personally or with help from a competent person. HSE says you can do the assessment yourself or appoint a competent person to help, and that you should involve your workers because they usually have good ideas. A competent person has the skills, knowledge and experience to recognise hazards and help put sensible controls in place.

Source: HSE: Steps needed to manage risk

There is no fixed interval in law: a risk assessment must be reviewed whenever there is reason to think it is no longer valid or there has been a significant change. HSE also advises reviewing controls after accidents, near misses or changes on site. For method statements, HSE says a repeated job may use a similar statement, but it should be revised when circumstances change markedly.

Source: Management of Health and Safety at Work Regulations 1999, regulation 3

You must still carry out a suitable and sufficient risk assessment, but the legal duty to write down the significant findings only applies if you employ 5 or more people. Below that number HSE still says it makes sense to write down what you have done.

Source: Management of Health and Safety at Work Regulations 1999, regulation 3

Yes, a self-employed person working in construction must make a suitable and sufficient assessment of the risks to themselves and to anyone else affected by their work. The duty applies to "relevant" self-employed people, and any work carried out on a construction site is one of the prescribed activities that makes you relevant.

Source: Health and Safety at Work etc. Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015, Schedule

Yes in principle, but a domestic client's duties normally pass to the builders doing the work. On a single contractor job the contractor takes on the client duties, and on a job with more than one contractor the principal contractor does. If the domestic client has a written agreement with a designer, such as an architect, that designer can take on the client duties instead.

Source: HSE: CDM 2015, domestic clients

A project is notifiable if the construction work is scheduled to last longer than 30 working days with more than 20 workers working at the same time at any point, or to exceed 500 person days. The client must notify HSE in writing as soon as practicable before the construction phase begins, usually using form F10. HSE says every day on which construction work is likely to happen counts, including weekends and holidays.

Source: Construction (Design and Management) Regulations 2015, regulation 6

Yes, every project under CDM 2015 needs a construction phase plan before the site is set up, drawn up by the principal contractor or, on a single contractor job, by that contractor. HSE says it should be proportionate to the size of the job, and a simple plan before the work starts is usually enough for small projects. The plan must set out the health and safety arrangements and site rules for the work.

Source: HSE: CDM 2015 frequently asked questions

The principal contractor is the contractor the client appoints in writing to plan, manage and coordinate the construction phase when more than one contractor will work on the project. The appointment must be made as soon as practicable and before the construction phase begins. If the client does not appoint one, the client must carry out the principal contractor's duties.

Source: Construction (Design and Management) Regulations 2015, regulation 5

Every contractor must plan, manage and monitor their own work so it is carried out safely. HSE lists the main duties as checking workers are competent, giving a site induction if the principal contractor has not, providing supervision and instructions, stopping unauthorised access before work starts, and providing welfare facilities from the start. On projects with more than one contractor, they must also follow the principal contractor's directions and the relevant parts of the construction phase plan.

Source: HSE: CDM 2015, contractors

A construction site must provide toilets, washing facilities, drinking water, changing rooms and lockers where needed, and somewhere to rest. These minimum facilities are set out in Schedule 2 of CDM 2015. HSE says contractors must provide them from the start of the work and maintain them throughout.

Source: Construction (Design and Management) Regulations 2015, Schedule 2

A COSHH assessment is a risk assessment that focuses on hazardous substances, such as chemicals, dusts, fumes and vapours. It is needed whenever your work uses or creates substances, or involves processes, that could harm health, and it should consider everyone who could be exposed. You must record it if you have 5 or more employees, and review it when anything changes or after an accident or near miss.

Source: HSE: COSHH assessment

No, holding a CSCS card is not a legal requirement. CSCS says it is entirely up to the principal contractor or client whether workers must hold a valid card before they are allowed on site. Many sites do require one in practice.

Source: CSCS: About CSCS and CSCS cards

Under RIDDOR you must report work related deaths, specified injuries such as most fractures and amputations, injuries that keep a worker off normal duties for more than 7 consecutive days, certain occupational diseases and listed dangerous occurrences. Most reports must reach the enforcing authority within 10 days of the incident. Over 7 day injuries must be reported within 15 days.

Source: HSE: Types of reportable incidents (RIDDOR)

If the building was built or refurbished before 2000, assume it contains asbestos and do not start work that could disturb it until you know what is there. The law says an employer must not start work liable to expose workers to asbestos unless they have assessed whether asbestos is present, or assume it is present and follow the asbestos regulations. HSE says a refurbishment or demolition survey must locate asbestos hidden in the building fabric and be carried out by a competent surveyor.

Source: HSE: Find out if asbestos could be present in your building

Yes, notifiable non-licensed asbestos work must be notified to HSE online before the work starts. HSE says there is no minimum notice period, and phone or post notifications are not accepted. NNLW also needs medical examinations at least every 3 years and health records kept for 40 years.

Source: HSE: Notifiable non-licensed asbestos work

A working platform used for construction work, from which someone could fall 2 metres or more, must be inspected at least every 7 days. It must also be inspected before first use and after anything that could affect its safety, such as alteration or bad weather. The inspector must give a report to the person the inspection was done for within 24 hours.

Source: Work at Height Regulations 2005, regulation 12

Lifting accessories and equipment for lifting people must be thoroughly examined at least every 6 months, and other lifting equipment at least every 12 months. An examination scheme drawn up by a competent person can be used instead. A thorough examination is also needed after exceptional circumstances that could affect safety.

Source: Lifting Operations and Lifting Equipment Regulations 1998, regulation 9

Working without a suitable risk assessment breaks the law, and an HSE inspector can take enforcement action. An improvement notice requires you to put a breach right within a set time, and a prohibition notice can stop an activity straight away where there is a risk of serious personal injury.

Source: HSE: Differences between prohibition and improvement notices

Yes, Northern Ireland has its own regulations and its own regulator, HSENI, although the main construction duties are very similar. The Construction (Design and Management) Regulations (Northern Ireland) 2016 came into effect on 1 August 2016, and notifiable projects are reported to HSENI. RIDDOR (NI) 1997 also differs, for example by requiring over 3 day injuries to be reported.

Source: HSENI: Construction (Design and Management) Regulations (Northern Ireland) 2016