Who is a 'Client'?
The Safety, Health and Welfare at Work (Construction) Regulations, 2006 interprets 'client' as a person for whom a project is carried out, in the course or furtherance of a trade, business or undertaking, or who undertakes a project directly in the course or furtherance of such trade, business or undertaking;
You are not a client if you are having construction work done on your own domestic dwelling e.g. an extension on to your kitchen, or you are building your own house.
You are a client if the extension onto your own domestic dwelling is in the course or furtherance of a trade, business or undertaking, or who undertakes a project directly in the course or furtherance of such trade, business or undertaking, e.g. if you are building on an office.
What are the duties of a Client?
The Client must, for every project:
- appoint, in writing before design work starts, a competent and adequately resourced project supervisor for the design process (PSDP). In order to be competent the PSDP must have adequate training, knowledge, experience to carry out the project the PSDP must have adequate resources available to carry out the project in a safe manner;
- appoint, in writing before construction begins, a competent and adequately resourced project supervisor for the construction stage (PSCS). In order to be competent the PSCS must have adequate training, knowledge, experience and resources:
- be satisfied that each designer and contractor appointed has adequate training, knowledge, experience and resources for the work to be performed;
- co-operate with the project supervisor and supply necessary information;
- keep and make available the safety file for the completed structure. The safety file contains information on the completed structure that will be required for future maintenance or renovation (The client must keep the file in a secure place, either on the premises to which it relates or held centrally, and if the client wishes, it may be stored electronically or on microfiche.);
- provide a copy of the safety and health plan prepared by the PSDP to every person tendering for the project. The safety plan documents show how health and safety on the project will be managed to project completion.
- notify the Authority of the appointment of the PSDP where construction is likely to take more than 500 persons days or 30 working days
A short guide outlining duties for Clients has been produced by the Health and Safety Authority. This guide Clients in Construction.pdf (size 67.8 KB) is available to download free from the Health and Safety Authority.
The Authority has also recently published a guide for Clients who procure construction projects. This guide is aimed at the smaller scale once-off client. Clients in Construction - Best Practice Guidance