Title IV of Italian Legislative Decree 81/2008 – Temporary or mobile construction sites – is more stringent in its regulations than the more general scope of Title I: it frames a specific situation (that of construction sites), a specific safety organisation chart and different rules which, however, are perfectly in line with the entire text of the Legislative Decree.
The scope of Title IV
Title IV of Legislative Decree 81/2008 governs any construction or civil engineering work. Annex X of the same Legislative Decree specifies the work falling within the scope of Title IV. The field of application is therefore very broad: Title IV covers, for example, all construction, demolition, dismantling and maintenance work (scheduled or unscheduled) relating to works in reinforced concrete, wood, metal or other materials.
Title IV: ratio legis
The rationale underlying Title IV is the assumption that safety management at construction sites should have a specific, more binding structure and set of regulations than is provided for in Title I.
The main features of the regulation are:
- the introduction of the figures of the Safety Coordinators for both the planning and execution phases (“CSP” and “CSE”) and of the Construction Project Manager (“RL”)
- greater accountability of the contractor commissioning the project
- specific documents governing safety must be drawn up: the Safety and Coordination Plan (“PSC”) and the Operational Safety Plan (“POS”)
- the Technical and Professional Suitability of the companies involved must be verified, in accordance with Annex XVII of d.lgs 81/2008
- the identification of the Contractor entrusted with the project to whom management and coordination obligations are effectively transferred.
Construction site safety organisation chart
At the top of the construction site safety organisation chart is the contractor who is commissioning the project, i.e., the person or entity on whose behalf the work is being carried out. This figure is ultimately responsible for health and safety on any construction project, unless these responsibilities are delegated in part or in full, by means of the appointment of a Construction Project Manager (“RL”).
The Contractor commissioning the project and the Construction Project Manager are obliged to appoint a Safety Coordinator for the Planning Phase (“CSP”) and a Safety Coordinator for the Execution Phase (“CSE”). The main task of the “CSP” is to draw up the Safety and Coordination Plan (“PSC”), the central document for the management of safety on a construction site. The “CSE”, on the other hand, is responsible for checking the application of the “PSC” by means of on-site coordination.
The construction site safety organisation chart includes the contractor entrusted with the project, the contracted companies and self-employed workers.
The formal role of the “Contractor entrusted with the project” is a new element in the regulation of construction site safety, introduced with Legislative Decree 81/2008. The company that has this role is the holder of the contract with the Contractor commissioning the project. All the companies directly contracted to carry out works are, to all intents and purposes, “Contractors entrusted with the project”, which have engaged one or more sub-contractor(s) – i.e., companies that contribute to the implementation of the project and the performance of the various works using their own workers and equipment, and each of these directly contracted companies is accountable in relation to the various obligations that used to be the responsibility of the “CSE” alone. It should be noted that these Contractor(s) entrusted with the project may also be those which carry out the works directly if they contribute to the implementation of the project, i.e., they carry out works.
Key points for the application of the regulations
Verification of Technical and Professional Suitability
Verifying technical and professional suitability is the starting point for correct construction site management and is the responsibility of the Contractor commissioning the project. The legislator has acknowledged the essential importance of the fact that the choices made by the Contractor commissioning the project regarding the companies contracted in the framework of the same project cannot be based on an assessment of costs alone.
When reviewing suitability, the presence of a coherent safety management structure must be verified together with the effective technical and organisational capabilities of the companies called upon to carry out the works.
This obligation is transferred in full to the Contractors entrusted with the project when they choose sub-contractors, and the same criteria as those identified by the Contractor commissioning the project must be applied.
The minimum criteria are defined in Annex XVII of d.lgs 81/2008.
Activities
Gruppo PLS is able to offer its clients specific consultancy services regarding workplace safety on construction sites, using its own expert technicians who are full trained and qualified in safety regarding mobile and temporary construction sites. They will liaise with the supervisory bodies, the companies present on site, and those holding the technical roles responsible for organising and managing the site itself.
Our experts will be at your side, ensuring personalised consultancy services at all stages of temporary or mobile construction site works, collaborating with the technical managers and supervisors when planning the operational procedures to be implemented as well as during their execution, ensuring full compliance with the applicable legislation in force.
PLS provides concrete support to the company regarding workplace health and safety documentation, assessing whether the files are complete and compliant with current legislation. If the files are found to be insufficient or incomplete, the PLS consultants will take on the task of drawing up and handling all the necessary documentation.
Our aim is to protect the safety of workers in compliance with the regulations in force (Title IV of Italian Legislative Decree 81/08), managing any possible interference and guaranteeing the client a specific, personalised consultancy service.
In addition to this, our experts can assess the level of training that the workers have accomplished, and, where necessary, arrange for further training courses that can be tailored to the specific requirements of the company on the basis of the activities carried out on the construction site.
Appointment of the “CSP” and “CSE”
In the framework of the application of Title IV, it is indispensable for the Contractor commissioning the project or the Construction Project Manager to arrange for the appointment of a Safety Coordinator for the Planning Phase (“CSP”) and for the Execution Phase (“CSE”), the same person can hold both roles.
These are without doubt the pivotal figures who guarantee the that safety is correctly managed both during the planning stage and when the works are executed. It is essential to be aware that proper management of the construction site starts right from the early planning stages, when the coordinator works alongside the planning team and supports them in identifying construction methods with the sole aim of predicting, reducing and managing safety risks starting from the very first architectural design choices.
Once work on the construction site has begun, these responsibilities are passed on to the Safety Coordinator for the execution phase, who implements appropriate checks and coordination activities to ensure that the site is managed as smoothly as possible, in full compliance with safety regulations.
The Safety and Coordination Plan is the central document for the management of safety on the construction site, with particular reference to managing interference between all the different activities carried out on the site. In the framework of the application of Title IV, this represents the workplace safety project. It is important to note that, given the inherently hazardous nature of temporary and mobile construction sites, the law indicates exactly what minimum content has to be included in the documents governing construction site safety, envisaged within Legislative Decree 81/2008, reference is made to Annex XV.
Appointment of the Construction Project Manager (“RL”)
The Construction Project Manager is appointed by the Contractor commissioning the project to carry out the tasks assigned under Legislative Decree 81/08, in application of Title IV. In the event that the Contractor commissioning the project does not have the technical and professional expertise to comply with all the obligations set out in the applicable legislation, it is vital to appoint a Construction Project Manager.
Starting from the very first stages of planning, the Construction Project Manager works in tandem with the planning team in order to identify the most favourable strategy to ensure compliance with the general safety measures envisaged in article 15 of Legislative Decree 81/08. During this stage, it is fundamental to pay very close attention to how the various interventions are designed and the relative preparation of the different areas of the construction site, aspects which can be assessed by carrying out on-site inspections alongside the planning team.
During the planning stage, the Construction Project Manager is also called on to verify the technical and professional suitability of the companies involved in the construction project, sending prior notification of the establishment of the construction site to the relative local health authority and the Provincial Directorate for employment.
In cases which foresee the presence of more than one contracted company (even if they do not work simultaneously) the Construction Project Manager is responsible for appointing a Safety Coordinator for the Planning Phase (“CSP”) and for the Execution Phase (“CSE”) before work begins.
In the execution phase, the Construction Project Manager has a vital role overseeing and checking the work of the CSE, duly informing the Contractor commissioning the project. This ensures that the management of the entire process includes continuous monitoring.
In public tender contracts, the role of Construction Project Manager is covered by the Head of Proceedings.
More details on the Safety and Coordination Plan (“PSC”):
What is the “PSC”? This is the reference text for construction site safety and it is specific to each construction site. It includes a description of the site and the activities carried out; it identifies, analyses and assesses risks; it contains procedures and actions to contain risks, including coordination between the various parties present on the construction site, as well as including monitoring, control and improvement measures.
Minimum content
- Identification details for the construction site and description of the works
- The parties with a role in safety management: identification of the roles, the register of names for each role and the definition of their tasks
- Risk analysis: the identification, measurement and assessment of risks with reference to the specific activities carried out on the construction site, risks deriving from interference between activities and additional risks
- Measures to contain risks: planning choices and organisational decisions, prevention and protection measures, procedures and rules of conduct
- Analysis of risks deriving from interference, coordination between different companies
- Management of emergency situations
- The expected duration of the project
- An estimation costs related to safety
Who is responsible for preparing it? The Safety Coordinator for the planning phase and, if necessary, the Safety Coordinator for the execution phase can update the document during implementation of the project.
Legal framework: d.lgs. 81/2008, article 100 and Title IV Annex XV
The purpose of the “PSC” is to plan the different phases of the construction project correctly, in order to have a clear picture of which aspects are the most complex, thus defining their safe management from the outset (as far as possible), averting the risks that may arise due to the simultaneous presence of numerous operators who all have to complete their tasks in a limited timeframe.
More details on the Operational Safety Plan (“POS”)
The Operational Safety Plan or “POS” (together with the Safety and Coordination Plan or “PSC” of which it is the application) is the document containing the safety governance system for the entire construction project, within the scope of Title IV. It is important to note that, given the inherently hazardous nature of temporary and mobile construction sites, the law indicates exactly what minimum content has to be included in the documents governing construction site safety (both “PSC” and “POS”) as envisaged in Legislative Decree 81/2008, reference is made to Annex XV
What is the “POS”? This document complements and supplements the Safety and Coordination Plan, providing a detailed analysis of the risks and the relative prevention and protection measures for the specific activities carried out by each individual company involved in operations on the construction site. It is specific to each construction site and must be drawn up before work starts on the site.
Minimum content
- Identification details for the construction site and description of the works
- The parties with a role in safety management: identification of the roles, the register of names for each role and the definition of their tasks
- Construction site activities: identification and description of the works, description of the specific activities and the individual operations of the contractor entrusted with the project, the contracted companies and self-employed workers; description of the machinery present and systems installed on the construction site; a list of the hazardous substances and relative safety data sheets
- Supplementing the measures to contain risks that are foreseen in the “PSC”: planning choices and organisational decisions, prevention and protection measures, procedures and rules of conduct, personal protective equipment.
Who is responsible for preparing it? The Employers of the contractor company entrusted with the project and the contracted companies
Legal framework: Italian Legislative Decree 81/2008, articles 17 and 28; Title IV Annex XV
This detailed analysis of the risks identified in the Safety and Coordination Plan obliges each individual company involved in the construction site to analyse all the stages of the operations that it has to carry out, correctly identifying the resources and equipment that it will need to carry out these activities, and with this, the relative preventive and protective measures. As a consequence, each company involved can carry out the tasks it is contracted to accomplish efficiently and in full compliance with the applicable legal requirements.
Pi.M.U.S.
What is the “Pi.M.U.S.” This is the acronym for “Plan for the Erection, Use and Dismantling of Scaffolding”, this is an operational document and it is mandatory if any fixed scaffolding needs to be installed on the construction site.
It should be stressed that this is not a risk assessment document (a minimum requirement of the Operational Safety Plan), this document completes the information provided in the ministerial authorisation document relative to the scaffolding itself, with contextual specifications relative to the specific construction site.
This plan must be drawn up before work begins to erect the scaffolding, as it has to be referred to by the workers who are erecting the scaffolding.
Minimum content: Annex XXII of d.lgs 81/08 specifies the content of this document as follows:
• Identification details relative to the location;
• Identification of the Employer responsible for the erection and/or alteration and/or dismantling of the scaffolding;
• Identification of the team of workers, including the supervisor, assigned to the erection and/or alteration and/or dismantling of the scaffolding;
• Identification of the scaffolding itself;
• A technical drawing of the scaffolding;
• The design project for the scaffolding, where applicable;
• General instructions for assembly and/or alteration and/or dismantling operations;
• An illustration of the methods to use in erecting, altering and dismantling;
• A description of the rules to be applied during use of the scaffolding;
• A description of the checks to be carried out on the scaffolding before erection and during use.
Who is responsible for preparing it? The Employer, who may draw up the document with the support of a person who has specific expertise in this area.
Legal framework: d.lgs 81/08, article 136 and Title IV – Annex XXII
The purpose of this document is to provide those who will be involved in the erection, use and dismantling of scaffolding with a valuable tool for the protection of workplace health and safety.