The Gazette 1993

GAZETTE

MWH DECEMBER 1993

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?

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.

"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 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. site to appoint one or more co- ordinators for safety and health

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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