1

The responsibilities of the clients in the construction projects according to the occupational safety and health legislation in Finland in implementing the European Directive 92/57/EEC: legislation and experiences of the best practices
Toivo Niskanen, Ministry of Social Affairs and Health, Department for Occupational Safety and Health, Legislation Unit, P.O. Box 333, 00023 Government, Helsinki, Finland, e mail: toivo.niskanen@stm.fi

The Finnish Government Decree on the Safety of Construction Work (629/1994; amendments 426/2004 and 702/2006) is the Finnish implementation of the EU Directive 92/57/EEC. In this paper I'll present the obligations of the client and the Finnish experiences of the best practices in the application of sections 4-7 of the Finnish Decree. The whole decree consists of 47 sections and appendices. 1. Section 4 - Design and preparation of a construction project 4 1 paragraph (implementing the article 4 of 92/57/EEC): When designing and preparing a construction project, the client shall ensure that the practical construction work will be taken into account in the architectural and constructional design, design of technical systems, and design of arrangements for the practical construction work in a manner that enables to carry out the work safely and without causing any harm to employees' health. Best practices of 4 1 paragraph: The client must e.g. 1) follow up that any necessary initial information on occupational safety and health is available, and give to the designers the information in written form; 2) together with the chief designer, take care of the organisation of the competent designers' cooperation and the coordination of the plans; 3) follow up that any necessary plans will be drawn up, and that the plans make it possible to carry out safety at work; and 4) establish the co-operation between the client, designers, the project supervisor and contractors. The co-operation must be encouraged e.g. by: 1) setting up an integrated team; 2) the appointment of a "chief designer" of the designer team; 3) agreeing on a common approach to risk prevention during design and execution in the zero tolerance -principle; and 4) regular meetings in the preparation and execution phases. The client must take care of the coordination of the planning as well as the cooperation between the designers. In the coordination of the designs the following shall be taken into account: 1) all necessary information is available to the designers; 2) the plans are comprehensive enough with regard to safe implementation, and the plans comply with each other; 3) all designers have taken safety into account in their own plans; and 4) occupational safety and health matters are included in the agenda of the designers' meetings.

2 4 2 paragraph (implementing the article 4 of 92/57/EEC): The client must ensure that the prevention of hazards and risks is taken into account when planning the schedule, duration and coordination of work and work phases. Best practices of 4 2 paragraph Designers' decisions from the first start affect the safety of the construction work. The client must make sure that the designers are competent and adequately resourced. The designers must allocate sufficient time for each stage of the project when planning the schedules, durations and the coordination of work phases. Suitable safety measures and arrangements must be implemented during planning and preparation. The client must co-operate with the designers and the project supervisor regarding the practices in the construction phase plans and their implementation. The client must consult with the project supervisor to find out how much time the contractors need for the design, planning, preparation and execution of the project. The client has the substantial influence and contractual control to determine: 1) the time, money and other resources available for the design and planning of the projects; 2) the project teams and their competence; and 3) the arrangements for managing and co-ordinating the work of the teams of the design and planning. When engaging designers, project supervisor, contractors etc. the client must be consider the resources (e.g. staff, competence, time etc.) because unrealistic deadlines are one of the largest contributors to poor risk control on sites. 4 3 paragraph (implementing the article 5a of 92/57/EEC): The client shall co-ordinate the implementation of the plans referred to in subsections 1 and 2. Best practices of 4 3 paragraph: The client must establish the arrangements for managing and coordinating the competence and work of the teams. The client must integrate the safety into the management of the project: 1) to improve the planning and management of the project; 2) to identify risks so that they can be prevented and eliminated early at the design or planning stage; 3) to arrange good communication; and 4) to ensure that safety management and measures are implemented during planning, preparation and execution of the project. The client ensures that: 1) the project supervisor and the contractors etc. are competent, and are adequately resourced; 2) all relevant information has been given to the project supervisor; and 3) the coordinating is effective. 4 4 paragraph (strengthens the implementing of the article 4 and 5 of 92/57/EEC): When giving the designing assignment, the client must provide the designers with all information they need to carry out their obligations according to section 57 of the Occupational Safety and Health Act.

3 Best practices of 4 4 paragraph: The client must take care of the coordination of the planning also in the information management. The client must ensure that designers comply with their duties. The client ensures the co-operation between designers and the project supervisor during the construction phase in relation to any designs or change of the design. Designers must co-operate with the client, other designers and the project supervisor. The client ensures that incompatibilities between designs are identified and resolved as early as possible. The follow-up assessments support that the preventive measures are properly implemented and updated as the project progresses. The designers must eliminate hazards and reduce risks during design and provide information about remaining risks. The information must be project specific. The designers must check that the client is aware of risks and provide any information needed for the safety plans of the client. 4 5 paragraph (implementing the article 5c of 92/57/EEC): Before the construction project ends, the client must draw up written instructions for the use, maintenance and repair of the building, containing sufficient data on occupational safety and health matters. Best practices of 4 4 paragraph: The client must prepare suitable written instructions in the safety file for use, maintenance and repair and update it. It is important that the client makes an agreement with the designers, project supervisor and other contractors on the information format of the safety file. The information must be project specific. In some cases, for example design and building contracts, it is practical for the project supervisor to obtain the information needed for the file from the specialist contractors. In these circumstances the project supervisor can assemble the information and give it to the client as the work is completed.

2. Section 5 - Documents to be drawn up by the client, and follow-up of their implementation during the construction work 5 1 paragraph (implementing the article 5b of 92/57/EEC): The client shall draw up a safety and health document for the design and preparation of the construction work, taking account of the requirements of the construction project. The safety and health document shall: 1) clarify and present the risk factors depending on the features, conditions and nature of the construction project, as well as give any necessary information concerning occupational safety and health related to the construction project; also the hazards and risk factors related to work referred to in annex 2 shall be clarified and identified; and 2) take into account of industrial or other comparable activities relating to the construction site. Best practices of 5 1 paragraph: The client must give to the designers, the project supervisor and contractors with the projectspecific safety information. The information of the safety and health plan must be sufficient, clear, precise, and in a form suitable for the contractors in the construction site. The plan must be provided as part of early contract documents. The client checks the safety and health plan requirements and that the different design units are co-ordinated together. When considering the execution of the preventive measures, difficulties associated with construction can be discussed and solutions agreed before the work begins. Doing the follow-up assessment during the design and execution phases will result in the greater effectiveness of the preventive measures. Where design

4 work continues during the construction phase, the updated information of the safety and health plan will need to be provided to designers before each new element of the design. Where contractors are appointed during the construction phase, each contractor must be provided with updated information of the safety and health plan and take this into account when preparing for work on the site. 5 2 paragraph (strengthens the implementing of the article 5b of 92/57/EEC): When preparing the construction project on the basis of separate contracts, the client must draw up written safety rules in order to ensure the safety of employees and other persons working at the site and to coordinate the various tasks and work phases. Best practices of 5 2 paragraph: When separate contracts are subordinated directly to the client beyond the project supervisor, the client must draw up written safety rules. In this case the client must prepare, develop and implement written plans and a written code of practice for separate contracts subordinated. The client must co-operate with the other partners of the project so that the safety practices of the separate contractors subordinated directly to the client are included in the coordination done by the project supervisor and the contractor. The client must ensure that the subordinated contractors have on-the-job training system and consultation systems for their employees. 5 3 paragraph (strengthens the implementing of the articles 5-8 of 92/57/EEC): The client must draw up a written code of on site practice and require that the parties of the construction project must follow the code of practice in matters concerning safety and health at work. Best practices of 5 3 paragraph: The client must include any necessary best practices for the management of construction work in the written code of on-site practice, which all contractors and others on the site have to follow. The plan must refer to other documents or put detailed arrangements in appendices. The written code of on-site practice must be understandable to those who have to follow them, brought to the attention of everyone who has to follow them and effectively enforced. The written code of practice must be displayed on site in a place where the codes can be seen by the employees. 5 4 paragraph (implementing the article 6 of 92/57/EEC): The client shall take care of the follow-up of the implementation of the documents referred to in this section. Best practices of 5 4 paragraph: The substances and the arrangement forms of the follow-up reviews of the safety and health plan also need careful consideration. Designs are iterative processes so they need follow-up reviews at several different stages. The client for a project must execute e.g. the following: 1) indicate how much resources and time will be allocated for planning and preparation; 2) check competences and resources; 3) ensure the responsible co-operation between designers, project supervisor and contractors; and 4) ensure that there are suitable management arrangements. The client's obligations concerning safety at work include, among other things, the following points 1-4: 1. Project planning - organisation and the management of the project; - coordination of the planning, selection of implementation method; - selection of designers, checking the competence and resources of the designers; and - reserving enough time for the planning.

5 2. Preplanning (preparations for the planning) - initial information to the designers; - delivering the safety requirements for the planning; and - ensuring designers' obligations that designers comply with their duties. 3. Construction project planning (guidance for the planning) - the plans shall be coordinated, checked and updated with regard to safety; and - the information needed for the safety document and any potential safety rules shall be defined and compiled. 4. Implementation of construction work - implementation of the client's obligations and enforcement of safety measures; - ensuring that suitable arrangements are implemented for the co-ordination; and - ensuring with the project supervisor, which practices of the safety management the contractors need to prepare. 5a - Client's responsibility to update documents, give information and follow up the implementation of measures 5a 1 paragraph (implementing the article 6c of 92/57/EEC): The client shall keep the data of the documents mentioned in section 5 up to date. Best practices of 5a 1 paragraph: The client must make periodic checks with the project supervisor through the life of the project to support that the preventive measures are properly implemented and updated, to ensure that: 1) co-operation between designers and project supervisor is effective during the construction phase; 2) arrangements include allocation of time and resources to achieve best practices for all stages; 3) suitable management arrangements are used; and 4) communication is active between client, project supervisor, designers and contractors regarding ongoing design. 5a 2 paragraph (strengthens the implementing of the article 6 of 92/57/EEC): The client shall ensure that the data of the written documents referred to in section 5, as well as any changes of them, are forwarded to the designers and the project supervisor, and the data, plans, and related safety measures are dealt with in cooperation before the construction work begins, and even during the construction work when necessary. Best practices of 5a 2 paragraph: The client must encourage the co-operation by establishing the integrated team. The client arranges regular meetings before the construction work begins and during the construction work with teams of designers, project supervisor, contractors and product suppliers. The client co-ordinates design teams and advices on the compatibility of designs. The designers and project supervisor must be aware of their duties and understand what is expected of them. The contractors must be engaged in the project so that they take care of their responsibilities and tasks. 5a 3 paragraph (strengthens the implementing of the article 5 and 6 of 92/57/EEC): If the client does not possess the expertise needed for drawing up the written documents referred to in section 5 and for following up their implementation, he shall use an external expert. In that case, the client shall ensure that the expert possesses enough expertise and other prerequisites to carry out the task in an appropriate manner.

6 Best practices of 5a 3 paragraph: When the client shall ensure that the expert possesses enough expertise and other prerequisites, the effectiveness of the safety arrangements needs to be reviewed. The client must control the expert to ensure that the safety issues are involved in the planning, management and monitoring with adequately resourced and highly competent project management. To be expert and competent, the client organisation or individual must have: 1) sufficient knowledge of the specific professional tasks to be undertaken and the safety management; and 2) sufficient competency, experience and skills to carry out their duties. 5a 4 paragraph (strengthens the implementing of the article 6-8 of 92/57/EEC): The client must ensure that the project supervisor has laid down the plans referred to in section 7 concerning safety and health at the construction work, and the plans for the use of the site area referred to in section 8. Best practices of 5a 4 paragraph: The client must control the plans of the project supervisor. The client ensures that the construction phases and the use of the site area are properly planned, managed and monitored. Central parts of the plans shall be presented as a construction site plan, by construction stages when necessary. The plans shall be checked if conditions change and they shall be kept up to date. E.g. the following matters shall be taken into account: location of storages; placement of cranes, machinery and equipment; placement of areas for storing construction materials and substances; traffic in the construction site area, and connecting points between internal and public traffic; means of access, ramps, transport routes, and their maintenance; order on the construction site; and collecting, storing, removing and disposal of waste. 5a 5 paragraph (implementing the article 6f of 92/57/EEC): Section 52a of the Occupational Safety and Health Act includes provisions on the responsibility of the client to ensure that each person working on a shared construction site wears a pictorial identification. Best practices of 5a 5 paragraph: The client must prevent the access of unauthorised persons to the construction site. Authorised people must have relevant site code of on-site practices explained to them and undertake any necessary site introduction, and co-operate with the project supervisor/principal contractor. The client directing or supervising a shared construction site shall ensure that each person working on the site wears visible pictorial identification while moving on the site. The identification shall indicate whether the person is a worker in an employment relationship or a selfemployed person.