Executive Order on Duties of the Client*)
Executive Order No. 117 of February 5 2013 on Duties of the Client by The Danish Working Environment Authority (WEA)
Pursuant to section 37, subsections 2, 3, 5 and 6, section 73, first clause and section 84 of the Danish Working Environment Act, cf. Executive Order No. 1072 of 7 September 2010, stipulates.
Part 1 - Scope and definitions
1. The Executive Order encompasses any building and construction works. For the purposes of this Executive Order, building and construction works shall be understood as:
- work that is performed in connection with the construction and alteration of buildings and structures, including installation work,
- construction and alteration of roads, tunnels, bridges, quays and similar facilities,
- excavation and earthworks associated with the above,
- pipe and cable laying,
- repair and maintenance work on the above and
- demolition and dismantling of the above, or parts thereof.
(2) For the purposes of this Executive Order, small construction sites shall be understood as construction sites that employ fewer than 5 people at any one time.
(3) For the purposes of this Executive Order, medium-sized construction sites shall be understood as construction sites that employ between 5 and 10 people at any one time.
(4) For the purposes of this Executive Order, large construction sites shall be understood as construction sites that employ more than 10 people at any one time.
2. The obligations under this Executive Order are incumbent the contracting client. For the purposes of this Executive Order, the contracting client shall be understood as the natural or legal person on whose behalf building and construction work is performed.
3. Where the Executive Order indicates client obligations in relation to contractors/employers, these obligations also apply to enterprises that do not employ personnel.
Part 2 - Appointment of coordinators, etc.
4. On any construction project where two or more employers are expected to be present on the construction site at the same time, the contracting client must ensure that one or more persons are appointed who fulfil the competence requirements named in § 5 to coordinate health and safety during the project design of the building and construction project and during the execution of the building and construction works.
(2) The coordinator during preparation of the building and construction project must be appointed no later than when the design phase of the construction project agreed with the client is launched.
(3) The coordinator during execution of the building and construction project must be appointed no later than when the construction site is established.
5. A coordinator for small construction sites, see section 1 (2) must have expert knowledge of the construction industry, including knowledge of the construction site actors.
(2) A coordinator for medium-sized construction sites, see section 1 (3), must, in addition to meeting the requirements of subsection 1, also have the required knowledge of health and safety issues within the building and construction sector.
(3) The coordinator for large construction sites, see. section 1 (4), in addition to meeting the requirements of subsections 1 and 2, must also have practical experience in the management of building and construction works and have completed training for coordinators of health and safety work in building and construction.
6. The client must ensure that it is clear to the recipient of the coordinator's instructions when the instructions are given as part of the planning, demarcation and coordination for which the client is responsible under this Executive Order.
7. The client must define the framework of the tasks that the coordinator must carry out under this Executive Order.
8. The client must ensure that the coordinators have access to all the information necessary to perform coordinator duties under this Executive Order.
Part 3 - demarcation in the event of several project designers
9. Where a client employs several designers to carry out a building and construction project, the client must help to ensure that any overlaps between the individual project owners' various project areas are clearly and unambiguously identified.
Part 4 - Client coordination
10. The client must make sure that the coordinators appointed to coordinate health and safety during the design of the building and construction project:
- coordinates that in the design, surveying and preparation of the construction project, due consideration is given to the general principles of prevention in the area of health and safety, as indicated in annex 2, namely: a) in the architectural, technical and/or organisational choices when planning various works or work stages, to be carried out simultaneously or consecutively b) in assessing the time period(s) to be set aside for performance of the various works or work stages,
- draw up a health and safety plan that includes an organisation plan, a construction site layout plan and a time schedule, see annex 3, and which contains specific measures concerning particularly hazardous work belonging to one or more of the categories in annex 1. On small and medium-sized construction sites, see section 1 (2) and (3), a health and safety plan need only be drawn up when the work is covered by annex 1 and
- prepare a journal, adapted to the building or plant's characteristics and which contains a list of the specific health and safety conditions that should be taken into account during any subsequent works. Where, according to the Executive Order on the duties of project supervisors and consultants etc. under the Danish Working Environment Act, there is a requirement that the project supervisor must compile a list of the special features to be observed in relation to health and safety in future repair or maintenance work, the journal can be included in the list drawn up by the project supervisor.
11. In the coordination, including preparation and updating, of the health and safety plan, the client must ensure:
- that any special hazards on the construction site, including in the ground, are identified, investigated, evaluated and countered to any extent necessary and clearly marked before work commences,
- that existing installations in the ground are identified, inspected and secured as far as necessary and clearly marked before work commences.
- that required technical installations are established and conveyed punctually to the site of use and are inspected and maintained as necessary
- that circulation on the construction site can at all times be done under perfectly safe conditions, including with all necessary traffic route lighting,
- that suitable technical aids can be used where necessary,
- that materials can be unloaded at suitable places and on a stable underlay
- that areas where work processes involving special risks are carried out are not, as far as possible, at the same time a working area or transit area for others
- that there is the necessary coordination of health and safety in relation to exposure to the construction site's immediate surroundings, including any adjacent construction sites and
- that there is a fixed procedure for continuous monitoring of installations, safety measures and any special risks, etc. and if necessary a coordination of emergency, evacuation and drill plans in accordance with section 23 of the Executive Order on the performance of work.
12. Where a construction project is divided into subprojects there must be coordination of health and safety during the preparation of the construction project that takes into account all health and safety plans and journals.
13. Before the construction site is established the client must, with the assistance of their coordinator, and afterwards continuously, make sure to limit where and when on the construction site several companies are engaged simultaneously, and the client must make arrangements with individual contractors as to who is responsible for establishing, maintaining and removing the various safety measures in common areas.
(2) In the boundary demarcation under subsection 1, the client must not enter agreements with several different contractors on the establishment, maintenance or removal of the same safety precautions in a common area at the same place at the same time.
(3) The health and safety plan must state who, at any time, is responsible for providing, maintaining and removing planned joint safety measures in common areas and any joint welfare measures and for ensuring order and tidiness, including snow clearance, gritting and removal of waste.
Special requirements for coordination during building and construction work
14. The client must ensure that there is a comprehensive handover of the health and safety plan drawn up at the design stage to the coordinator who will coordinate during the performance of the building and construction works.
(2) If changes are made in the design that are important for planning and coordination of the construction site, after the health and safety plan has been handed over, the client must make sure that these changes are communicated to the coordinator during the performance of the building and construction works.
(3) Subsections 1 and 2 shall apply only if the coordinator who coordinates during the design planning is different from the coordinator who will coordinate during the performance of the building and construction works.
15. Before commencing work on the construction site, the client must make sure to hold one or more start-up meetings with the employers the client has contracted to operate at the construction site. At these meetings the coordinator must inform participants about construction site conditions, including the following points concerning:
- The client's agreements regarding common areas, see section 13.
- Use of the health and safety plan.
- Participation in safety meetings.
- Participation in safety inspections.
- Informing the coordinator when employing subcontractors.
(2) When the client enters into contracts with new employers during the course of the construction project, these must be informed of construction site conditions at a meeting with the coordinator, see subsection 1. This is also the case when contractors employ new subcontractors during the course of the construction project.
(3) The client must ensure that the coordinator, on behalf of the client, requests the attendance of employers or their representatives at the start-up meetings. The client must also summon the members of the health and safety organisations on the construction site, or the employee representatives of those companies that do not have a health and safety organisation, to the start-up meetings.
(4) Small and medium-sized construction sites, see section 1 (2) and (3), are not subject to subsection 1 and subsection 2.
16. The client must ensure that the coordinator, when holding safety meetings, coordinates the employers' measures to promote employee health and safety in common areas.
(2) The client must ensure that the coordinator, on behalf of the client, summons the employers or their representatives and the members of health and safety organisations on the construction site to safety meetings and must make sure that the coordinator chairs the meetings and draws up the minutes of these meetings. The minutes are to be sent to meeting participants, the client, all works supervisors, members of the health and safety organisations and any labour organisation representatives.
Subsection 3. Ordinary safety meetings must be held at least once every 14 days. Extraordinary meetings are held in the event of serious accidents, contamination incidents or other health injuries or near misses, and when otherwise necessary.
Subsection 4. Small and medium-sized construction sites, see section 1 (2) and (3), are not subject to subsections 1-3.
17. The client must ensure that the coordinator coordinates:
- Planning of various works or work stages that are to be executed simultaneously or consecutively taking into account the technical and/or organisational choices that are made in the building and construction project.
- Organising the cooperation between employers, including employers who succeed one another on the construction site and the coordination of activities whose purpose is to protect employees against health risks and to prevent accidents.
- That employers on the construction site apply the principles set out in annex 2, clause 2, in a consistent way.
- that employers use the health and safety plan where required.
- That employers check that work processes are correctly implemented.
18. The client must ensure that the coordinator:
- updates the health and safety plan named in section 10, no. 2, including the organization plan contained therein, the construction site layout plan and the time schedule as work on the site progresses and any changes are made and
- make adjustments to the journal named in section 10, no. 3, if any changes have been made.
(2) The plan must at all times during the construction period be available for employees and employers on the construction site.
19. The client must ensure that the coordinator conducts adequate checks that coordination on the construction site functions as intended and that agreements with employers regarding common areas, see section 13, and decisions taken at safety meetings are upheld. This is to be achieved by, among other things, the coordinator's physical presence on the construction site, including during safety inspections.
(2) Safety inspections must be carried out at least once every 14 days.
(3) Small and medium-sized construction sites, see section 1 (2) and (3), are not subject to subsection 1 and 2.
20. The client must ensure that coordinators take the necessary measures to ensure that only authorized persons have access to the site.
Part 5 - Notification
21. The client must notify the local WEA centre of the construction site before work commences, if
- the duration of the work is expected to exceed 30 working days and at least 20 personnel are employed at one time, or
- the projected volume of work exceeds 500 man days.
(2) Notification must be done using one of the forms provided by the WEA, either digitally or on paper and must contain the information indicated in annex 4. A copy of the notification must be clearly displayed on the construction site.
Part 6 - The client's involvement in performance of work on the construction site.
22. The client must assist the contractor in carrying out the building and construction work in a completely safe and healthy manner.
Part 7 - Exemptions and appeals
23. The Director of the WEA may, in special circumstances, allow deviations from the provisions of this Executive Order, when deemed appropriate and feasible, and to the extent that this is consistent with Directive 92/57/EEC on the minimum health and safety requirements at temporary or mobile construction sites.
24. WEA rulings pursuant to the Executive Order may be appealed under the Danish Working Environment Act section 81.
Part 8 - Penalties
25. Unless a higher penalty is prescribed under the Working Environment Act or other legislation, a fine or imprisonment of up to 2 years may be imposed on those who:
- Violate sections 4-22.
- Fail to comply with improvement notices issued pursuant to the Executive Order.
- Override the conditions attached to exemptions under the Executive Order.
(2) Criminal liability may be imposed on companies etc. (legal persons) under the regulations of the Danish Criminal Code, Chapter 5.
Part 9 - Entry into force
26. The Executive Order enters into force on February 15, 2013.
(2) At the same time, Executive Order no. 1416 of December 27, 2008 on the client's obligations is rescinded.
(3) Coordinators who have completed the health and safety training before January 1, 2006, are not required to undertake health and safety training for coordinators of health and safety in the building and construction sector.
(4) The provisions of the Executive Order on the appointment of coordinators during the project design of a building and construction project, cf. section 4 and the provisions on coordination during project design, cf. section 10, apply to projects and subprojects that the client has contracted to initiate on or after January 1, 2009. In building and construction projects where the design or partial design or where the building and construction work has been started before January 1, 2009, the requirements of section 10 must however be taken into account to the degree necessary to fulfil the requirements of sections 11-20, including the requirements to prepare a health and safety plan.
The Danish Working Environment Authority, February 5, 2013
Jens Jensen/Eva Jensen
*)The Executive Order contains provisions that implement Council Directive 92/57/EEC of June 24, 1992 on the minimum health and safety requirements at temporary or mobile construction sites, the Official Journal 1992, L 245/6.
BE005364 Minister for Employment, WEA, file no. 20120218273.