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GAZETTE
MWH
DECEMBER 1993
"Whereas unsatisfactory
architectural and/or organisational
options or poor planning of the
works at the project preparation
stage have played a role in more
than half of the occupational
accidents occurring on construction
sites in the community; . . .".
This statement has caused a good deal
of controversy among consulting
engineers and architects, as well as
contractors, who do not accept the
accuracy of the statistics used by the
EC Commission. In any event, the
Directive has been' adopted and will
have serious implications when
implemented.
Article 3 of this Directive requires the
client or the project supervisor
(defined as "any natural or legal
person responsible for the design
and/or execution and/or supervision of
the execution of a project, acting on
behalf of the client") of a construction
site to appoint one or more co-
ordinators for safety and health
measures for any site where there is
more than one contractor present. The
co-ordinator has to draw up a safety
plan, particularly where work is "high
risk". The Directive details the duties
Compensat ion Fund
Payments
November, 1993
I The following claim amounts were
admitted by the Compensation Fund
] Committee and approved for payment
! by the Council at its meeting in
| November, 1993. The name of the
Solicitor in respect of whose
defalcation the claims arose is listed
in the left hand column.
IR£
9,417.63
131,662.00
of the co-ordinator at project
preparation stage and execution stage.
Article 7 provides that the client and
the project supervisor remain liable
for the the matters dealt with by the
project co-ordinator. When the work
is being carried out, the general
principles of prevention listed in the
Framework Directive as well as a
series of specific duties listed in the
individual Directive apply. Annexes
to the Directive give a non-exhaustive
list of building and civil engineering
works and types of work to which the
Directive applies and which require a
safety plan.
The implications of these measures
are far-reaching. House redecoration
could be deemed to be "works" under
one Annex and having "particular
risk" (e.g. falling from a height) under
Annex II. The householder or the
"project supervisor" would be
required to draw up a safety plan prior
to commencement of work and
prepare a file containing relevant
safety and health information related
to the works. The possibilities for
discovery in litigation are endless!
Who is the client? Is it the developer,
the bank putting up the money, or the
architect employed by the developer?
Christopher Forde,
6,018.00
52, O'Connell Street,
Ennis,
Co. Clare.
Diarmuid Corrigan,
200.00
6 St Agnes Road,
Crumlin,
Dublin 12.
John Kiernan Brennan,
31,897.00
Mayfield,
Enniscorthy,
Co. Wexford.
Thomas B. Murphy,
50,000.00
Castle House,
Castle Street,
Mullingar,
Co. Westmeath.
Jonathan P. T. Brooks,
17/18 Nassau Street,
Dublin 2.
•
Plaintiffs may have a much wider
range of defendants than previously
thought. However, thresholds may be
set which would relieve smaller jobs
of these provisions when it comes to
implementation.
Conclusions
Common law rules, and even Irish
statutes, on employers' liability have
effectively been superseded by the
new legislation. The position of the
I employee appears to have been greatly
; strengthened. There is uncertainty as
to what will actually emerge in
practice; however, we can be sure that
there is no longer an indigenous
system. The Irish Supreme Court no
longer has the last word and we must
look to the Court of Justice in
Luxembourg for guidance. Plaintiffs'
solicitors will be checking their
i pleadings and exploring all the new
options for liability. Defendants'
solicitors and employers will have a
lot of headaches. The days of "factory
legislation" being an obscure corner
of the law are well and truly gone as
health and safety legislation comes to
touch 'on the entire workplace.
I *Ciaran O'Mara is a solicitor.
•
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Noreen Roche, RGN
• Costings in Personal Injury Cases
# Pre-Court Guidance
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• Health & Safety Advice in the Health Sector
Countywide Service
Lindenlea, Silversprings
Clonmel, Co. Tipperary
Tel: (052) 25980 Fax: (052) 23285
Elio Malocco &
Conor Killeen
Chatham House,
Chatham Street,
Dublin 2.
James C. Glynn,
Dublin Road,
Tuam,
Co. Galway.
73,228.00
302,422.63
389