TERMS & CONDITIONS

1. Definitions
a) “Principal” means any advertiser or advertising agency and shall include their
successors in title and assigns who gives an order as the principal to the contractor and as
such is liable for payment for display of advertisement copy.
b) "Advertising agency" means any person firm company or outdoor specialist
recognised as an advertising agency by the contractor and who acting as a principal gives
an order.
c) "Contractor" means the person firm or company who accepts an order and shall
include the contractor's successors in title and assigns.
d) "Advertiser" means any person firm or company who acting as a principal gives an
order.
d) "Agent' means any person firm or company appointed by a principal to administer
an order.
e) "Order" means an order which incorporates these General Terms and Conditions of
Contract given by an advertiser or an advertising agency to and accepted by a
contractor for the display of advertisement copy.
f) "Advertisement copy" means posters and any other advertising material intended
for display by the contractor.
g) "Working day" means from Monday to Friday inclusive except any Bank or Public
Holiday.
h) “Days” in the cancellation clause is calendar days not working days
i) “In charge date" means the date from which the payment shall commence as
specified in the order.
j) "Month" means a calendar month; "half month" means a half calendar month.

2. Acceptance of Terms and Conditions
a) These terms and conditions shall be deemed to be incorporated in contracts arising
from orders for the display of advertisement copy accepted by the contractor.
b) The Principal shall be ultimately responsible for the payment of accounts and shall
be deemed to have full authority in all matters connected with the placing of orders
and the approval or amendment of advertisement copy. Any person, firm or
company other than an advertiser or an advertising agency recognised as such by
the contractor giving an order for and on behalf of a client shall not be deemed to
contract as a principal but shall be regarded for all purposes as an agent for a
disclosed principal unless such person firm or company is accepted as a principal
by the contractor.
c) No terms and conditions other than these terms and conditions or any variation
thereof under Clause 10. shall be binding on the contractor unless in writing but
nothing in these terms and conditions shall preclude the contractor or principal
from varying any of such terms and conditions if they mutually agree to do so.
d) All orders shall specify the name of the principal otherwise the order shall be
deemed to have been rejected by the contractor and this rejection confirmed to the
buyer. An order may be confirmed by the contractor by an order confirmation
form which in the case of line by line bookings shall include details of individual
sites booked. Where order confirmation forms are issued they shall be sent to the
recognised office of the principal's agent or to the recognised office of the principal if no agent has been appointed.
c) Delivery of advertisement copy shall not be deemed to have been made until the
delivery requirements specified in Clause 3. below have been met and the relevant
posting instructions have been given to and received by the contractor.

3. Acceptance and Display of Advertisements.
a) All posters shall be delivered carriage paid at the posting depot address or addresses
specified by the contractor not less than 5 working days before the first posting date or in
charge date whichever is the earlier or the date for the change of display as the case may
be.
b) In the event of the posters being delivered after the aforesaid 5 working days then if the
principal so requests in writing and agrees to pay a special posting charge the posters shall
be posted within 3 working days after the delivery of the posters but otherwise the posters
shall be posted normally within 5 working days after the delivery of the posters.
c) In the case of ‘production inclusive’ orders, where the media owner is responsible for poster
production; artwork must be delivered an agreed number of days prior to commencement of
the campaign: as stipulated by the media owner. The media owner must also be in receipt
of comprehensive posting instructions, no later than the date of receipt of posters
d) Designs for painted displays shall be delivered by a date to be agreed between the
contractor and the principal.
e) The contractor shall be supplied with adequate posters to complete the initial
display plus an additional amount so as to enable the contractor to maintain the
display in a good condition. This additional number of posters shall be a minimum
of 10 in number or as agreed by the individual contractor and with advertisement
displays using over 100 panels shall be 15% of the total number of posters.
f) All posters shall be printed on good quality paper of a minimum weight of 105g/m² and the
weight of the paper shall be printed on a lap edge of each poster.
g) A part delivery of the posters shall be deemed to be no delivery for the purposes of this
clause.
h) Subject to the above all monthly/four weekly campaigns shall be posted between 3 working
days prior to the in-charge date and during the 3 working days afterwards or alternatively as
specified by the contractors' posting calendars as issued. For display of one half month or
less the posting period shall reduce to three working days from the in-charge date or
alternatively as specified by the contractors' posting calendars as issued. In all cases the full
display period (in days, weeks, fortnights, half months or months) as specified in the order
shall be deemed to be the period of contract. Removal of advertisement copy in
monthly/four weekly campaigns shall take place during the 3 working days prior to and the 3
working days after the date fixed for the completion of the display. For shorter display
periods removal shall take place during the three working days after the completion date.
i) All rates include the maintenance of the display in good condition provided the
contractor has been supplied with replacement posters in accordance with the
above or which may have been requested by the contractor.
j) All rates for orders in excess of one calendar month shall include (subject to Clause 3. k)) a
change of posters or slipping once a month if required. All changes of poster or slipping
requested at more frequent intervals than once a month or which are required within a
shorter time than 6 working days will be charged for. Where blanking prior to posting is
requested an additional cost for paper supplied by the contractor and posting will be
charged.

k) When the principal is entitled to a change of posters without separate charge and stipulates
a date upon which such change should be commenced the contractor shall complete such
change within 3 working days from the stipulated date provided he has received the posters
in accordance with the above.
l) Where the principal requires a change of posters in respect of which a separate charge is to
be made, the contractor shall complete such change within 3 working days after the
stipulated date provided he has received the posters in accordance with the above. Unless
otherwise agreed by the principal the contractor shall not commence such change before
the stipulated date.
m) In the case of pre-selected campaigns of more than 50 panels the contractor reserves the
right without liability to substitute sites for other sites of a similar quality in the same town
provided that notice has been given by the contractor prior to the in-charge date. The
principal has the right to cancel individual sites if he does not approve of the proposed
substitutes.
n) In the case of line by line orders if any site is unavailable such site may be substituted by
prior agreement between both parties, or cancelled.

4. Till Countermanded Orders
a) These orders may be accepted for a minimum period of 9 consecutive months thereafter
cancellable as provided in Clause 5. b) below. Additional sites may be added to till
countermanded orders at the rates then prevailing up to 20% of the value of the order,
provided that such sites shall only be cancellable so as to come out of charge at the same
date as the original order.
b) Subject to Clause 7. d) below the contractor reserves the right to change his advertisement
rates and any of these terms and conditions at 60 days written notice. In the event of a
change in advertisement rates or any material change in these conditions the principal shall
by serving written notice on the contractor within 30 days of the date of the contractor's
notice of such change be entitled to cancel any order for an advertisement to which the
changed rates or terms and conditions would otherwise be applicable. The notice of change
in rate, so far as it concerns a contract covering a number of individually rated sites, shall
contain details of the change in respect of each and every site covered by that contract.

5. Cancellation
a) Subject to Clause 5. b) below all orders and subsequent contracts may be cancelled by
either party by 90 days written notice given at any time. In the event of notice being given
after the start of the 90 day period before the in charge date the contract shall then be
cancellable at corresponding intervals. In all cases where the notice is given by the principal
after the start of the 90 days before the in charge date the principal shall pay the rate
applicable to the period of display. Provided always that in the event of a principal giving
notice to cancel a display out of time the contractor will accept such a notice on payment of
the following percentages of the total gross contract price, namely:
15 % if less than 90 days but 75 or more days notice is given
30% if less than 75 days but 60 or more days notice is given
40% if less than 60 days but 45 or more days notice is given
70% if less than 45 days but 30 or more days notice is given
90% if less than 30 days notice is given

b) Till countermanded orders may be cancelled by either party by 90 days written notice given
at any time after the end of the initial 9 months period referred to in Clause 4. above.

6. Accounts
a) Invoices shall be sent to the principal where no agent has been appointed by the principal.
Where an agent has been appointed by the principal invoices shall be sent to the agent.
The invoice shall state the name of the agent followed by the words 'acting as agent for' and
shall then give the name of the principal. The principal shall be sent a monthly statement of
account from the contractor.
b) Invoices for panels of display of one calendar month or less will normally be raised during
that calendar month. For periods of display of longer duration than one calendar month
separate invoices will normally be issued in each calendar month's duration which the
display period falls. For periods of display of three weeks or less which start in one month
and finish in the next month, invoices will normally be raised in the month in which the
majority of the display falls. For periods of display for more than three weeks which start in
one month and finish in the next month then each part calendar month will be invoiced as a
separate display period.
c) Provided that invoices have been raised in accordance with Clause 6. b) above, payment is
due on the 6th working day of the second month following the end of each month during
which the display period falls, except for periods of display of three weeks or less which
start in one month and finish in the next month, when payment is due on the 6th working day
of the second month following the end of the month in which the majority of the display falls.
d) Settlements for invoices rendered are to be made in accordance with Clause 6. a), b) and c)
above. In respect of any amount not received by the contractor by the due date, the
contractor shall have the right to levy a surcharge of 2% of the outstanding amount, such
surcharges being levied monthly until the outstanding amount is paid, with the principal
ultimately liable for payment.
e) The contractor shall have the right to cancel any order for display for more than one month
in respect of which payment is overdue after the 7th working day of the second month
following the display subject to provision of due notice to the principal and cancellation
charges as per Clause 5. will apply.
f) In the event of failure to comply with any of the provisions of this Clause the contractor
reserves the right by notice in writing to require any future accounts to be dealt with in
accordance with Clause 6.g) below.
g) Where so stipulated by the contractor at the time of accepting an order accounts shall be
paid not later than 10 working days before the in charge date. In default of payment the
contractor shall be entitled without prejudice to its other remedies for breach of contract to
refuse to display the advertisement copy provided that due notice has been given to the
principal.
h) In the event of any part of an account rendered by a contractor being disputed by the
principal payment in respect of that part only may be withheld pending settlement of the
dispute. The remainder of the account shall be paid in accordance with Clause 6. c) to f)
inclusive above. Failure to make part payment in such cases will at the contractor's
discretion cause the implementation of Clause 6. d) and/or e).

7. Warranties, Liability and Indemnity
a) The contractor accepts full responsibility for compliance with statutory and other legal
requirements so far as concerns the use and maintenance of any site for the display of
advertisement copy to which a contract relates.
b) The principal warrants and undertakes that:
i) all his advertisement copy will comply with all statutory and other legal requirements
and provisions of the British Code of Advertising Practice.
ii) he will be responsible for obtaining and paying for all necessary licences
and consents for the posting of any advertising or copyright material
contained or the appearance of any person in his advertisement copy.
iii) no advertisement copy will breach the copyright or other rights of or be
defamatory of any third parry.
iv) he will keep the contractor indemnified against all actions, proceedings,
costs, damages, expenses, penalties, claims. demands and liabilities arising
from any breach of the above warranties or in any manner whatsoever in
consequence of the use of any advertisement copy or matter supplied by or
displayed for the advertiser.
c) The contractor shall have the right to see details of advertisement copy prior to commitment
of display and of refusing to display or continuing to display any advertisement copy.
i) which does not comply in all respects with the principal's warranties and
undertakings detailed above, or
ii) which differs in any material respect from the advertisement copy specified
in the order at the time of booking or subsequently changed without the
approval of the contractor. If the principal applies to the contractor for
approval for change, such approval shall not be unreasonably withheld.
and no claim on the part of the principal for damages for breach of contract shall
arise and the sites reserved shall be paid for in full notwithstanding that the posters
have not been displayed.
d) The due performance of any order is subject to suspension variation or cancellation by the
contractor owing to Acts of God, strikes, lock-outs, inclement weather, legal restrictions or
the accidental loss of any sites which were included in the order. In the event of suspension
variation or cancellation for any of the foregoing reasons or for any other reason beyond the
contractor's control the contractor shall be entitled to be paid by the principal the full rate for
the sites in question up until the time at which any such suspension, variation or cancellation
occurs together with any other monies due and owing by the principal to the contractor.
e) If the contractor shall be liable for the non-display or damaged or incorrect display of any
advertisement copy, the contractor's liability shall not exceed the charge for display of that
advertisement copy for the period of non-display or damaged or incorrect display.
f) The contractor shall not be liable for loss of or damage to any advertisement copy supplied
to the contractor, except in the case of fire, lightning, explosion of boilers, storms and
tempest, flood, bursting or overflowing of water tanks, apparatus or pipes, when the
contractor's liability shall not exceed the original cost to the advertiser of the destroyed or
damaged advertisement copy in the contractor's hands for display against a current order.
g) In the event of any electricity supply failure or restrictions which prevent the illumination of
all or any sites included in an order the contractor shall be liable only to refund the extra
rental if any charge is made for such illumination, this charge acknowledged to be a 30%
premium over unlit sites. The contractor shall not be liable to give credit in respect of
non-illumination of the display if the defect is remedied within 2 working days of notification.
In the event of any site becoming totally ineffective as a result of an electricity supply failure
the contractor shall be liable to refund the pro rata rental charged for the display and shall
not be liable to pay any damages, costs or expenses to the advertiser as a result thereof.
h) Any posters or other advertising materials in the contractor's possession which are surplus
to requirements or which have been removed from display will be retained for not more than
10 days after the end of the display and may then be destroyed unless the advertiser has
given notice in writing that they are to be held for collection.

8. Credit Claims for Damaged, Incorrect or Non-Display
a) The contractor shall not be liable for credit if the advertisement copy or artwork has not
been delivered in accordance with the conditions outlined in 3a and 3c.
b) The contractor shall not be liable to give credit in respect of any damage to any
advertisement copy or the incorrect or non-display of any advertisement copy if the defect is
remedied within 3 working days after receipt of notification and provided the contractor has
sufficient replacement posters in stock to remedy the defects or has notified the principal or
agent if one is appointed of any shortfall in supply.
c) All claims for credit shall be submitted to the contractor in writing within 28 days following
the end of the period of display with sufficient information to enable the contractor to
consider the claim. This is a reciprocated arrangement between both parties. The contractor
shall not be required to consider any claim submitted after the due date.
d) When a contractor supplies a mutually agreed overshow by way of additional sites then any
agreed errors will be offset against that overshow. Any agreed errors still outstanding will be
eligible for pro rata crediting to the original campaign net of overshow by way of additional
sites.
e) If a contractor has 50 or less static panels or 25 or less multi-faced display units (normally
75 faces) booked for, or as part of, a campaign then any agreed credits will be paid on a
one for one basis.
f) When a contractor has a greater number of panels booked than specified in e) above a
random and geographically weighted sample inspection will be deemed acceptable as
follows:
Static Multi-faced Percentage
Panels Units sample
51 - 150 26 - 150 50%
150+ 150+ 25%
Credit will be given on a pro rata basis to non-display, thus agreed credits on a 50% sample
inspection will be on a two for one basis and on a 25% sample inspection will be on a four
for one basis.
g) At the individual panel level credit will be given for each panel day's loss of display. A one
week campaign will be credited as one seventh of the gross cost of each panel per day lost.
A two week or half a month campaign will be credited as one fourteenth for each day lost. A
four week or calendar month campaign will be credited as one twenty eighth of each day
lost.
g) The contractor shall not be liable to give credit in respect of faulty moving displays
if the defect is remedied within 2 working days after receipt of notification.

9. Bankruptcy etc.
If the principal shall become bankrupt or commit an act of bankruptcy or make any assignment
for the benefit of his creditors or being a company shall become insolvent or commit any act of
insolvency or if any Petition for the winding up or administration of the company is presented or
if any other step is taken for the purposes of the appointment of an administrator or an
administrative receiver of the company or if any steps are taken or negotiations commenced by
the company or by any of its creditors with a view to proposing any kind of composition,
compromise or arrangement involving the company and its creditors or if there shall be any
breach by the principal of any other term or condition of this contract then it shall be lawful for
8
the contractor by notice in writing to the principal to terminate the contract forthwith without
prejudice to any right of action or remedy of the contractor then subsisting.

10. Notices
Any notice to be given under these terms and conditions shall be in writing unless the parties
mutually agree otherwise and shall be deemed to be effectively served if sent by first class post
to the principal and to the agent where an agent has been appointed by the principal at their
respective addresses and to the contractor at the address stated on the acceptance of the order
or in the case of a Company at its registered office but the modes of service herein provided
shall not be obligatory.

11. Jurisdiction
These Terms and Conditions shall be governed by English Law and the parties submit to the
exclusive jurisdiction of the Courts of England unless the contractor's registered office is in
Scotland, in which case Scottish Law shall apply; or unless varied by an individual contractor's
trading terms, agreed in writing with the principal.

 

 

 

 

HEALTH & SAFETY
Best Practice Document for Health, Safety and the Environment

Introduction
Accidents are the direct result of unsafe activities and conditions, both of which are controlled by
management. Management are responsible for the creation and maintenance of the working
environment and tasks into which employees and (sub) contractors must fit and inter-act.
Employees and (sub) contractors need training to develop skills and recognise the need to comply with
and develop safe systems of work and to report and correct unsafe conditions and practices.
Within industry, there is a growing belief that it is simply morally unacceptable to put the safety and
health of others inside and outside the workplace at risk, for profit or otherwise. Physical pain and
hardship resulting from death or disability is impossible to quantify.
Legal objectives are given in statute law, which details steps to be taken and carries the threat of
prosecution or other enforcement action as a consequence of failure to comply.
Economic objectives ensure the continuing financial health of a business and avoid the costs
associated with accidents. These include monetary loss to employers from work injuries, damage to
property and work interruptions.
In summary the principles of accident prevention include the systematic use of techniques to identify
and remove hazards, the control of risks, which remain, and the use of techniques to influence
behaviour and encourage safe attitudes. These are the primary responsibility of management.
Overview of Requirements under Health & Safety Legislation
Extracts and information on the Act and accompanying regulations below are there to provide an
overview only with regard to the erection/removal, posting and maintenance of billboard structures (i.e.
cables, hoardings, working platforms, banners etc.).
It is the responsibility of each company to obtain copies of the relevant legislation, put in place safety
management systems and ensure full compliance with all relevant health and safety legislation,
Approved Codes of Practice, guidance etc.
OAA Charter – H&S Legislation Page 2 of 7
Health & Safety at Work Act, etc. 19741 - The Act is the major piece of health and safety legislation
in Great Britain and provides the legal framework to promote, stimulate and encourage high standards.
S.2 Employers must, as far as is reasonably practicable, safeguard the health, safety
and welfare of employees. In particular this extends to the provision and maintaining
of:
(a) safe plant and safe systems of work
(b) safe handling, storage, maintenance and transport of (work) articles and
substances
(c) necessary information, instruction, training and supervision
(d) a safe place of work, with safe access and egress
(e) a safe working environment with adequate welfare facilities.
S.3 The self-employed, other employees and the public must not be exposed to
danger or risks to health and safety from work activities.
S.6 of the Act focuses attention on the role of the producer of products used at work,
and includes designers, importers and hirers-out of plant and equipment. This section
refers to articles for use at work and requires those mentioned to ensure so far as is
reasonably practicable that articles are safe when being ‘used’ in the widest sense.
They must be tested for safety in use, or tests are to be arranged and done by a
competent authority. Information about the use for which an article was designed,
including any necessary conditions of use to ensure health and safety, must be
supplied with the article.
Anyone installing an article for use at work must ensure, so far as reasonably
practicable, that nothing about the way in which it is installed or erected makes its
unsafe or a risk to health when properly used.
S.7 Employees must take reasonable care of their own health and safety and that of
others who may be affected by their acts or omissions. They must also co-operate
with their employer so far as is necessary to enable the employer to comply with his
duties under the Act.
The following regulations are in addition to the requirements of the HSAWA 1974 and extend the
employer’s general safety obligations by requiring additional specific actions on the employer’s part to
enhance control measures.
The Management of Health & Safety at Work Regulations2
Reg.3 requires every employer and self employed person to make a suitable and
sufficient assessment of the health and safety risks to employees and others not in
his/her employment to which his/her undertakings give rise, in order to put in place
appropriate control measures. It also requires review of the assessments as
appropriate, and for the significant findings to be recorded if five or more are
employed. Details are also to be recorded of any group of employees identified by an
assessment as being especially at risk.
Reg.4 requires employers to make appropriate arrangements, given the nature and
size of his/her operations, for effective planning, organising, controlling, monitoring
and review of the preventative and protective measures he/she puts in place.
Reg.8 requires employers to give employees comprehensible and relevant information
on health and safety risks identified by the assessment, the protective and preventive
measures.
General
duties of
employers
to their
employees
General
duties of
employers
and selfemployed
to
persons
other than
their
employees
General
duties of
employees
at work
General
duties of
manuf. and
suppliers
etc. as
regards
articles and
substances
for use at
work
Risk
Assessment
OAA Charter – H&S Legislation Page 3 of 7
Reg.10 requires employers and the self-employed to provide employers of any
employees, and every employee from outside undertakings, and every self-employed
person, who is working in their undertakings with comprehensible information
concerning any risk from the undertaking.
Reg.12 requires that employees must use all equipment, dangerous substances,
transport equipment and safety devices in accordance with any relevant training and
instructions, and inform their employer or specified fellow employees of dangerous
situations and shortcomings in the employer’s health and safety arrangements.
Reg.13 requires employers and the self-employed to provide any person they employ
on a fixed-term contract or through an employment business (an agency) with
information on any special skills required for safe working. The employment business
must be given information about special skills required for safe working, and specific
features of jobs to be filled by agency workers where these are likely to affect their
health and safety. The agency employer is required to provide that information to the
employees concerned.
The Workplace (Health, Safety and Welfare) Regulations3
Reg.5 covers maintenance of workplaces, equipment, devices and systems, which
are to be cleaned, maintained in an efficient state, working order and good repair. If a
fault in any equipment or device is liable to result in a breach of any of these
regulations, it must be subject to a suitable system of maintenance.
The frequency of regular maintenance, and precisely what it involves, will depend on
the equipment or device concerned. The likelihood of defects developing, and the
foreseeable consequences, are highly relevant. The age and condition of the
equipment, how it is used and how often it is used should also be taken into account.
Reg.13 states so far as reasonably practicable, suitable and effective safety guards
are required against any person falling a distance likely to cause personal injury, or
being struck by a falling object likely to cause personal injury.
When fencing cannot be provided, or has to be removed, effective measures should
be taken to prevent falls. Access should be limited to specific people. A safe
system of work should be operated which may include the provision and use of a fall
arrest system, or safety lines and harnesses, and secure anchorage points. Adequate
information, instruction, training and supervision should be given.
Provision & Use of Work Equipment Regulations4
The regulations require risks to people’s health and safety, from equipment that they use at work, to be
prevented or controlled. Work Equipment is defined as virtually any equipment used at work,
including:
Toolbox tools such as hammers, screwdrivers, pliers etc.
single machines such as drilling machines
lifting equipment including slings
access equipment such as ladders
Maintenance
Provision of
information/
training
Falls or
falling
objects
OAA Charter – H&S Legislation Page 4 of 7
Manual Handling Operations Regulations5
These regulations require employers to reduce the risk of injury to employees who carry out manual
handling tasks to the lowest possible level.
Manual handling includes both transporting a load and supporting a load in a static posture. The load
may be moved or supported by the hands or any other part of the body, e.g. shoulder. Manual
handling also includes the intentional dropping of a load and the throwing of a load, whether into a
receptacle or from one person to another.
Personal Protective Equipment at Work Regulations6
These regulations ensure that, employers supply personal protective equipment (PPE) and employees
use PPE at work wherever risks to health and safety cannot be adequately controlled by other means.
PPE is any equipment, which is designed to be worn or held by people at work to protect them from
specific health and safety risks. This embraces an enormous variety of items such as safety helmets
and boots, goggles/glasses, masks, gloves and clothing to protect against extreme temperatures, poor
visibility (hi vis) and adverse weather conditions.
The Lifting Operations and Lifting Equipment Regulations (LOLER)7
These regulations aim to reduce risks to people’s health and safety from lifting equipment provided for
use at work. In addition to the requirements of LOLER, lifting equipment is also subject to the
requirements of the Provision and Use of Work Equipment Regulations. This has to do with the
suitability of lifting equipment and will be covered by a risk assessment undertaken for a particular
task.
Lifting equipment includes any equipment used at work for lifting or lowering loads, including
attachments used for anchoring, fixing or supporting it. The regulations cover a wide range of
equipment including, cranes, forklift trucks, lifts, hoists, mobile elevating work platforms, and vehicle
inspection platform hoists. The definition also includes lifting accessories such as chains, slings,
eyebolts etc.
Construction (Design and Management) (Amendment) & The Construction (Health,
Safety & Welfare) Regulations8
The Construction (Design and Management) Regulations 1994 and Construction (Design and
Management) (Amendment) Regulations 2000 outline procedures and duties to be followed on sites
where the construction work matches any one of the following:
lasts more than 30 days;
will involve more than 500 person-days of work;
involves 5 or more people on site at any one time;
involves any demolition work.
Whereas the above place a duty on the employer and those in control of construction sites - namely
clients, planning supervisors, designers, principle contractors, contractors - to ensure that health and
safety issues are taken into account and managed throughout all stages, the Construction (Health,
Safety and Welfare) Regulations explain in detail, ways of safely carrying out construction activities
(i.e. construction, alteration, conversion, fitting out, renovation, repair, upkeep or other maintenance,
demolition or dismantling of a structure).
OAA Charter – H&S Legislation Page 5 of 7
The main duty holders under these regulations are employers, the self-employed and those who
control the way in which construction work is carried out. Employees too have duties to carry out their
own work in a safe way. Also, anyone doing construction work has a duty to co-operate with others
on matters of health and safety and report any defects to those in control.
Control of Substances Hazardous to Health (COSHH)9
These regulations ensure that that employers carry out suitable and sufficient assessments of the risks
to health arising from any work process involving hazardous substances before that work begins.
Many substances do not present a risk to either health or safety when used in the correct manner.
However, when misused they may present a risk and this must be minimised. It is therefore necessary
to carry out an assessment to ensure that risk is minimised. A substance should be regarded as
hazardous until its assessment has been made and the substance categorised. All substances must
be assessed before being used.
The disposal of any hazardous substances should comply with the relevant environmental legislation.
RIDDOR 1995 (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations)10
RIDDOR requires employers to report certain work-related accidents, diseases and dangerous
occurrences. It applies to all work activities. The following categories apply:
Death
Major Injuries
Over-three-day Injury
Disease
Dangerous Occurrence
Management & Control of Contractors
Analysis of investigations into accidents involving contractors shows that financial pressures, whether
real or perceived, are nearly always present. The making and acceptance of the low bid in competitive
tendering is often at the expense of health and safety standards. Other major factors include a
transient labour force which never gets properly or fully trained, the small size of most contracting
companies which claim not to be aware of legislation or safety practices, the inherent danger of the
work and work conditions, pressure of works and poor management awareness of the need for safety
management.
There are six parts to the control plan for contractors:
Questionnaire to identify potentially safe contractors (tender process)
Hazard identification within the specification
Check the bid and select contractor
Put health and safety rules into the contract
Control the contractor on-site
Check safe completion of work
OAA Charter – H&S Legislation Page 6 of 7
British Standards
The British Standards Institute (BSI) name has been synonymous with best practice for over a century.
With its roots in the standardization of the early railway systems, civil engineering and construction,
BSI has grown to become a complementary set of world-class businesses.
A standard is defined as a document, established by consensus and approved by a recognized body,
that provides, for common and repeated use, rules, guidelines or characteristics for activities or their
results.
Any standard is a collective work. Committees of manufacturers, users, research organizations,
government departments and consumers work together to draw up standards that evolve to meet the
demands of society and technology. British Standards staff act as secretaries to these committees and
project manage the production of standards (BSI is the oldest national standards body in the world).
Both British and International standards cover the entire spectrum of products, services and
processes.
All British standards use the product identifier “BS”
All British adoptions of European Standards are identified with “BS EN”
All International standards are identified with “ISO”
All International standards adopted as British Standards are identified with “BS ISO”
OAA Charter – H&S Legislation Page 7 of 7
References
1 Health and Safety at Work etc Act 1974
2 Management of Health & Safety at Work Regulations 1999
& ACOP (HSE publication L21)
3 Workplace (Health, Safety and Welfare) Regulations 1992*
& ACOP (HSE publication L24)
4 Provision & Use of Work Equipment Regulations 1998*
& ACOP (HSE publication L22)
5 Manual Handling Operations Regulations 1992*
& ACOP (HSE publication L23)
6 Personal Protective Equipment at Work Regulations 1992*
& ACOP (HSE publication L25)
7 Lifting Operations and Lifting Equipment Regulations 1998*
8 Construction (Design and Management) (Amendment) Regulations 2002
& ACOP (HSE publication HSG224)
and Construction (Health, Safety and Welfare) Regulations 1996
9 Control of Substances Hazardous to Health Regulations 2002
10 A Guide to the Reporting of Injuries, Disease, Dangerous Occurrences Regulations 1995 (HSE
publication L73)
*as amended by: The Health and Safety (Miscellaneous Amendments) Regulations 2002
Additional Guidance
Safety Data Sheets for substances and preparations dangerous for supply – Guidance on
Regulation 6 of the CHIP Regulation 1994 (HSE publication L62)
Violence at Work – A Guide for Employers (HSE leaflet INDG69)
Successful Health and Safety Management (HSE publication HS(G)65)
Reducing Error and Influencing Behaviour HS(G)48
Five Steps to Risk Assessment (HSE leaflet HS(G)163)
Contact Details
Acts and Regulations obtainable from:
The Stationary Office (TSO) – 0870 6005522
HSE Approved Codes of Practice (ACOP) and Guidance obtainable from:
HSE Books - 01787 881165
HSE InfoLine - 08701 545500
HSE website: www.hse.gov.uk
British Standards Institution - 020 8996 9001 / E-mail: