Building and Construction Sector Legal and Regulatory Requirements. May 2012

Transcription

1 Sector Legal Regulatory Requirements May 2012

2 Decree No 42 of 2009 Concerning Executive Council This Decree aims to implement the Environment, Health Safety Management System in the Emirate through provision of a unified tool at Emirate level to facilitate implementation of legislations relevant to environment, health safety for protection of human health safety the environment conservation of natural resources Roles responsibilities of the Authorities in the Emirate Regulatory Framework Version 2.0/2012 RF Elements - Matory System Requirements EHS Regulatory Instruments: Stards Guideline Values - Matory EHS threshold exposure levels Codes of Practice - Matory EHS technical requirements subject specific Mechanisms - Matory system implementation processes procedures Guidelines: Technical Guidelines - Non-matory guidance on how to implement an EHS Regulatory Instrument Guidance Documents - Non-matory guidance interpretation of EHSMS System concepts principles To demonstrate compliance as per the Regulatory Framework to ensure a systematic approach is adopted implemented. s 1.0 Hazardous Materials 1.1 Management of Asbestos 1.2 Lead Exposure Management This Regulation applies to the use storage of hazardous substances mixtures, All persons who work with asbestos or have a duty to manage premises where asbestos containing material(s) (ACM) have been identified or presumed to be present have to provide all the technical information they require to meet Federal Local legislative requirements Hazardous substances generated by construction demolition activities. EHS Management Plan Page 2 of 20

3 It covers all construction, maintenance, manufacturing, recycling, surface preparation, sblasting, painting, any other worksite where employees could have an exposure to airborne lead at any level 2.0 Personal Protective Equipment The requirements or measures to be taken to ensure Personal Protective Equipment (referred to as PPE) is introduced carefully, used properly regularly maintained monitored. Employees working in the B & C Sector, who might be exposed to risks. PPE Issuance Register Inspection Reports 3.0 Occupational Noise 3.1 Vibration Employee s exposure to noise levels in excess of 85 decibels (db) at anytime during a work shift of 8 hrs. Ensure employees are not exposed to continuous, intermittent, or impact noise levels above 130 decibels, unless the appropriate hearing protection is provided; develop a written Hearing Conservation Program when they have noise hazards that exceed 85 decibels The requirements relevant to the Sector applies to the planning, assessment controls conduct of occupational health safety work practices in connection with H Arm / Whole Body Vibration which will be referred to as HAV. Employees working in building construction sector who are exposed to noise levels & H Arm / Whole Body Vibration Noise monitoring employee dosimeter records Medical records relating to vibration 4.0 First Aid medical Treatment To ensure that adequate first aid facilities procedures are established ensure that competent persons are readily available within the workplace to provide the services necessary supplies equipment are present maintained in the workplace suitable to the first aid or medical services required. Applies to all employers within the Emirate of Abu Dhabi All first aid Medical treatment cases records. Occupational health screening shall be undertaken with regards to the potential exposures expected related to the Employees performing any of the job duties Occupational health Page 3 of 20

4 5.0 Medical Surveillance employees occupation before an employee is exposed to a hazardous work environment. exposed to chemicals/materials. screening medical surveillance programs 6.0 Emergency Management Requirements An emergency under this code of practice is an incident related to the entity / employer that can cause death, significant injuries to workers or in the surrounding community, or significant negative impacts on the environment. Sector / Entities / employers Emergency Management Plans 7.0 Fire Prevention, Planning Control 8.0 General Workplace Amenities Technical requirements intended to specify the requirements for fire prevention, control planning. This code of practice applies to the amenities found at workplace involves ensuring the availability of the minimum EHS requirements in this regard the validity of control measures in place. Sector / Entities / employers Sector / Entities / employers. Emergency Management Plans 9.0 Workplace Wellness 9.1 Expectant Mothers 9.2 Managing work related stress 10.0 Rehabilitation / Return to work 11.0 Safety in the Heat Requirements stards for workplace wellness health promotion in the work living environments (labor accommodation), promotion of awareness, education, wellness programs to employees contractors in order to encourage employees, contractors their families to adopt healthy lifestyles to prevent control health lifestyle related issues. Requirements for workplace rehabilitation return-towork to ensure that employees receive the appropriate treatment benefits, including assistance in returning to their normal duties after a workplace injury, disorder or disease. Working in high temperature environments. High temperature environments includes both weather (working outside in summer months) site operations (furnaces, ovens, other high temperature operations) Sector / Entities / employers. Sector High Risk Entities. Sector / Entities / employees Details of training, awareness resources materials communicated to employees regarding Page 4 of 20

5 12.0 Prevention Control of Legionnaires Disease 13.0 Workplace Bullying Violence working in heat. working in hot environments Multi-tenanted residential buildings applies to all employers places of business within the maintenance Emirate of Abu Dhabi that have equipment that uses, stores, disinfection schedule & or disseminates warm water records Bullying Violence include verbal abuse, spreading rumors interfering with personal property or work equipment. Indirect bullying may involve unjustified criticism, denying access to information, withholding vital information, setting unreasonable tasks, excessive scrutiny or changing work arrangements to cause inconvenience. commercial establishments the building management / facility management company Sector / 14.0 Manual Hling Ergonomics 14.1 Manual Tasks Involving the Hling of People 15.0 Electrical Safety 16.0 Control of Major Accidents Hazards (COMAH) Requirements regarding Manual hling which is any transporting or supporting of a load (including the lifting, putting down, pushing, pulling, carrying or moving thereof) by h or by bodily force. The management of risks associated with manual hling tasks. Requirements to establish stards principles that promote the design, construction operation of safe efficient systems of wiring in buildings other premises. Requirements for eliminating, preventing controlling electrical hazards. Requirements information for operators on how to meet duties under the COMAH regulations. Protect people the environment from, limiting the consequences of major accidents occurring within establishments covered by the COMAH regulations. The regulations for the control of major accident Sector / responsible for manual hling. Sector / Sector / Risk Assessment hazards, by delivering a safety regime This requires employers to use safety signage where there is a significant EHS risk that has not Page 5 of 20

6 17.0 Safety Signage Signals 18.0 Worker camps other Employer Supplied Accommodation 19.0 Occupational Food Hling Food Preparation Areas 20.0Safety in Design 21.0Permit to Work Systems 22.0 Barricading of Hazards 23.0 Working at Heights been avoided or controlled by the methods required, provided the use of a sign can help reduce the risks. Safety signs are not a substitute for those other methods of controlling risks such as engineering controls safe systems of work Requirements for EHS regulations related to worker camps other accommodation provided. This establishes the requirements stards for occupational food hling food preparation. The intent of the stard is to help ensure employees health fitness by providing detailed guidance best practice to equip both the employer the employee with the knowledge to enable them to avoid or eliminate the hazards, thus reduce the risk in their day to day activities. Regulation to eliminate or reduce risk that can arise through construction or end use of a structure or piece of equipment. At each stage of design, designers should ensure that all foreseeable risks have been identified analyzed to reduce the risk to as low as reasonably practicable. Requirements related to permit-to-work system. Communication between site/installation management, plant supervisors operators those who carry out the hazardous work. Essential features of permit-to-work systems. This establishes the requirements stards so that the risks of certain physical hazards can be prevented or reduced through the installation maintenance of barricades This covers the requirements relevant to the planning, preparation conduct of health safety work practices in connection with working at heights: (i) existing places of work means of access for working Sector / Sector / Applies to all employers within the Emirate of Abu Dhabi. Persons or organizations that are classed as designers People involved in nonproduction work nonroutine operations; high risk activities; Sector / All entities employees where people are exposed to working at Page 6 of 20

7 24.0 Lock-out / Tag-out (Isolation) 25.0 Transport Safety 26.0 Scaffolding 27.0 Confined Spaces 28.0 Hot Work Operations (Welding & Cutting) 29.0 Excavation at height; (ii) fall prevention; (iii) guardrail systems; (iv) safety nets; (v) fall arrest systems; (vi) working platforms. This applies to the servicing maintenance of machines equipment in which the unexpected energization or start up of the machines or equipment, or release of stored energy could cause injury to workers. establishes minimum performance requirements for the control of such hazardous energy This code of practice applies to the requirements of preventing reducing accidents of transportation at workplace. The requirements stards to ensure that the risks associated with the use of scaffolding are assessed, that control measures are implemented in accordance with the hierarchy of controls those measures are taken to prevent injury, illness disease to persons who might be exposed to risks arising from those activities. This establishes the requirements stards so that the risks associated with confined Spaces are assessed, that control measures are implemented in accordance with the hierarchy of controls those measures are taken to prevent injury, illness disease to persons who might be exposed to risks arising from those activities The requirements that the risks associated with hot work operations (welding cutting), are assessed, that control measures are implemented in accordance with the hierarchy of controls that measures are taken to prevent injury, illness disease to persons who might be exposed to risks arising from those activities. The requirements for risks associated with excavation control measures, to prevent injury, illness disease to persons who might be exposed to risks arising from those activities heights. Sector / Sector / Sector / Sector / Sector / Sector / Training Records Page 7 of 20

8 30.0 Lone Work / or in Remote Locations 31.0 Working In / Over or Adjacent to Water 32.0 Watercraft Dredging Equipment 33.0 Working on or Adjacent to Road 34.0 Safe Use of Lifting Equipment Lifting Accessories 35.0 Portable Power Tools The requirements for risks associated with lone working or remote locations to ensure control measures are implemented. This established the requirements stards so that the risks associated with working on, over or adjacent to water are assessed, that control measures are implemented in accordance with the hierarchy of controls that measures are taken to prevent injury, illness disease to persons who might be exposed to risks arising from those activities The requirements relevant to the Sector applies to the requirements for watercraft dredging requirements for personnel performing watercraft dredging operations namely inspection, training, certification various operating activities. This establishes the requirements stards so that the risks associated with roadwork s, as applied to both new highway construction works the reconstruction or resurfacing of existing highways, are assessed, that control measures are implemented in accordance with the hierarchy of controls that measures are taken to prevent injury, illness disease to persons who might be exposed to risks arising from those activities. The requirements for risks associated with the use of lifting equipment lifting accessories are assessed, that control measures are implemented in accordance with the hierarchy of controls that measures are taken to prevent injury, illness disease to persons who might be exposed to risks arising from those activities. The requirements for risks associated with the use of portable power tools are assessed, that control measures are implemented in accordance with the hierarchy of controls Sector / Sector / Sector / Sector / Sector / Sector / Log books inspection check sheets Page 8 of 20

9 that measures are taken to prevent injury, illness disease to persons who might be exposed to risks arising from those activities; inspection check sheets 36.0 Plant Equipment This establishes the requirements stards so that the risks associated with the use of plant equipment are assessed, that control measures are implemented in accordance with the hierarchy of controls those measures are taken to prevent injury, illness disease to persons who might be exposed to risks arising from those activities. Sector / inspection check sheets 37.0 Ladders The requirements stards so that the risks associated with the use of ladders are assessed, that control measures are implemented in accordance with the hierarchy of controls that measures are taken to prevent injury, illness disease to persons who might be exposed to risks arising from those activities Sector / tests, maintenance, inspections carried out on ladders Concrete Placing Equipment The requirements for risks associated with the use of concrete placing equipment are assessed, that control measures are taken to prevent injury, illness disease to persons. The safe operation of all types of concrete pumps associated placing equipment used in pumping or spraying. Entities involved in manufacture of pre-cast tilt-up panels, reinforced concrete construction, slab construction, concrete paving Concrete spraying. Log books inspection check sheets 39.0 Overhead Underground Services This covers the requirements relevant to the planning, preparation conduct of health safety work practices in connection with overhead underground services. B & C Sector Entities involved in Overhead underground services Page 9 of 20

10 40.0 Falsework / Formwork This establishes the requirements stards so that the risks associated with false-work are assessed, that control measures are implemented in accordance with the hierarchy of controls those measures are taken to prevent injury, illness disease to persons who might be exposed to risks arising from those activities. Sector / 41.0 Steel Erection This establishes the requirements stards so that the risks associated with steel erection are assessed, that control measures are implemented in accordance with the hierarchy of controls that measures are taken to prevent injury, illness disease to persons who might be exposed to risks arising from those activities. Sector / 42.0 Tilt-Up Pre-Cast 43.0 Temporary Structures (Office s, tents, etc) 44.0 Traffic Management Logistics This establishes the requirements stards so that the risks associated with tilt-up precast concrete elements are assessed, that control measures are implemented in accordance with the hierarchy of controls that measures are taken to prevent injury, illness disease to persons who might be exposed to risks arising from those activities. This establishes the requirements stards so that the risks associated with temporary structures can be prevented or reduced through the introduction of planning physical control measures; This establishes the requirements stards so that the risks associated with site traffic logistics can be prevented or reduced through the introduction of planning physical control measures The following applies to every place of employment within the waters of Abu Dhabi, UAE. It Sector / Sector / Sector / Training Records Training Records Page 10 of 20

11 45.0 Underwater Activities covers all diving related support operations conducted in connection with all types of work employments, including general industry, construction, recreational diving, commercial diving, ship repairing, shipbuilding, shipbreaking, long-shoring. Sector / involved in under water activities. Training Records 46.0 Underground s (Tunnels, shafts, cofferdams, piling, etc.) This establishes the requirements stards so that the risks associated with underground construction are assessed, that control measures are implemented in accordance with the hierarchy of controls that measure are taken to prevent injury, illness disease to persons who might be exposed to risks arising from those activities. Sector / involved in underground activities. Training Records 47.0 Machine Guarding This establishes the requirements stards so that the risks associated with the guarding of machinery are assessed, that control measures are implemented in accordance with the hierarchy of controls those measures are taken to prevent injury, illness disease to persons who might be exposed to risks arising from those activities. Sector / tests, maintenance, inspections carried 48.0 Spray Painting Requirements for spray finishing operations including spray painting that uses compressed gases including compressed air. Determine the risks associated to identify areas where control measures safe work practices are required to reduce employee s exposures to hazards associated with spray finishing operations hazardous materials/chemicals Sector / Emergency Response Plan 49.0 Compressed Gases Air This sets requirements on how to use, store transport compressed gases. Determine the risks associated to identify areas compressed gas control measures safe work practices are required to reduce employee s exposures Sector / Emergency Response Page 11 of 20

12 to compressed gases hazardous materials/chemicals Plan 50.0 Abrasive Blasting Associated Protective Coating Work This sets requirements for abrasive blasting operations. Engineering controls are evaluated implemented to remove or reduce employee exposure to hazards associated with abrasive blasting operations Sector / Emergency Response Plan 51.0 Powered Fork Trucks The following code of Practice sets out the requirements for the use of lift trucks. Entities shall evaluate each site or operation to determine what hazards are present in relation to the use of powered lift trucks shall assess the risk using risk management practices. Sector / Emergency Response Plan Medical Screening 52.0 Local Exhaust Ventilation Requirements on how to control gas, vapor, dust, fume mist in workplace air using local exhaust ventilation (LEV) to extract contaminants before they enter employee s breathing zones Sector / Training Records 53.0 EHS Management During Work 54.0 Waste Management The requirements for the EHS management of construction projects/activities for compiling: Pre-Tender Environment, Health Safety Plans; environment, health safety construction management plans (EHSCMP) Site Environment, Health Safety Meetings; Environment, Health Safety Files. Requirements for the development implementation of the Waste Management requirements to the production, hling, keeping, safe storage, transport, collection disposal of all waste generated Sector / Sector / Training Records Waste record 55.0 Environmental This establishes the requirements stards so that the risks associated to Environmental damage control measures are established to reduce the Sector / Page 12 of 20

13 Management risks Aspect Impact Assessment Federal Law by Decree No 6 of 2009 Regulations of FNAR REG-01 to REG-24 Federal for Nuclear Regulation Nuclear Facility Import/ Export Controls Safeguards Material Control Accounting Application for a Licence to Operate a Nuclear Facility Design Modifications during Operation Operational Safety including Testing, Surveillance Reporting Certification of Operations Personnel Administrative Liabilities Penalties Criminal Penalties Application for an Operating Licence Extension of a Nuclear Facility Decommissioning Decommissioning Trust Fund Security of Radioactive Sources Federal Law 8 (1980) UAE Labor Law Ministry of Labor Every employer must provide adequate means of protection for the employee from the hazards of injuries vocational, Display at a conspicuous point in the place of business detailed instructions concerning methods to prevent fire protect employees. Each employer has to arrange for one medical aid box(s), supplied with medicines, bages disinfectants other relief aids. cleanliness ventilation in each place of business must provide such places with adequate illumination, potable water toilets, Sector / Page 13 of 20

14 full medical check-up at least once each 6 months regularly for his employees who are exposed to the danger of infection with any of the occupational diseases, agents of the employers or any other persons having authority on employees may not permit entry of any kind of alcoholic drinks. Federal Law 24 (1999): Protection Development of the Environment Ministry of Water Environment / Environment Agency Abu Dhabi 1. Protection conservation of the quality natural balance of the environment. 2. Control of all forms of pollution avoidance of any immediate or long-term harmful effects resulting from economic, agricultural, industrial, development or other programmes aiming at improving life stards coordination among the Agency, Authorities Parties concerned with the protection of the environment conservation of the quality, natural balance consolidation of environmental awareness principles of pollution control. 3. Protection of society, human health the health of other living creatures from activities acts, which are environmentally harmful or impede authorized use of the environmental setting. Sector / EHSMS Environmental Policy, EHSMS risk assessment, induction briefings, audit reporting It is prohibited to undertake any activity contributing directly or indirectly, to damaging, disturbing the natural properties or polluting the soil in any way that may affect its productivity. Soil Protection It is prohibited to undertake any activity that damages the quantity or quality of flora in any area, thus causing desertification or deformation of the natural environment it is prohibited to cut, uproot or cause damage to any tree, shrub or grass without authorization from the competent authority, in coordination with the Agency. Ecology Page 14 of 20

15 UAE Federal Law: Ministerial Order No. (32) for the year 1982 Ministry of Labor Determination of the ways means to protect employees against occupational hazards General Duties of Employer General Duties of Employee Safety Signs Training First Aid Environmental Place of Work Sector / Fire exit signs, fire evacuation procedure, notice board, induction briefings, audit reporting, competency matrix, risk assessment, audit reporting First aid procedure, training records, first aid box inventory Accident reporting procedure, monthly reporting to the Environment Agency Fire Protection Employees Responsibility Storage of Chemicals Notification of Accidents Federal Law No. 19 of 1993 Concerning the Determination of the Maritime Relevant Regulatory Authorities The organization of the building, installation or use of structures, installations or artificial Isls in or above the continental shelf or the exclusive economic zone in view of exploring or exploiting its natural resources. It must be taken into account not to establish such structures or installations that might prohibit from reaching the l or hinder the international navigation. 2 - The establishment of safety zones mentioned in Article 21 herein. 3 - The instructions to be abided by in order to protect the structures installations. 4 - The organization or prohibition of entry of vessels into safety zones. 5 - Instructions list to be abided by in order to protect the living non - living resources of the economic zone Sector Page 15 of 20

16 the continental shelf. 6 - The environmental affairs, scientific research technology transfer. 7 - Any other similar matters. s installations safety zones in which it takes necessary precautions to ensure the safety of such artificial Isls, constructions installations. The State shall determine the width of the safety zones, taking into account the internationally adopted criteria, the safety zones shall be established in a way that guarantees a reasonable connection between such zones, the nature, the function of either artificial Isls, constructions or installations. The area around them shall not exceed 500 meters measured from every point at their outer edge, unless the surpass is acceptable in accordance with the international criteria Ministerial Decision No. (587) of 2009 (26) of 2009 regarding Working Hours in the Sun Ministry of Labor 1. Asphalt mix laying works, concreting if the same can not be carried out or completed during the afternoon period. 2. Works necessary to avoid any danger or rectify any damage or fault or accidental losses. These works include the repair of: water supply line disconnection drainage line disconnection electric current disconnection traffic suspension in highways oil or gas pipelines interruption 3. Works, the carrying out of which, require a permit from a competent governmental authority due to its impact on the traffic movement services, if the permission provides for its completion continuously. These works include: Suspension or conversion of main highways Electric current interruption Etisalat lines disconnection 4. Any other works approved by the Director General of the Ministry Sector / Page 16 of 20

17 If work continues by virtue of the above mentioned articles, the employer should provide the following: 1. Cold potable water in conformity with the number of workers safety general health conditions. 2. means of quenching such as salts lemon as those approved by the health authorities in UAE. 3. first aid on site. 4. industrial cooling means. 5. sunshades Council of Ministers Decree No. 37 of 2001 Council of Ministers Decree No. 12 of 2006 for Federal Law No. 24 of 1999 Ministry of Water Environment/Env ironment Agency Abu Dhabi Ministry of Water Environment/Env ironment Agency Abu Dhabi The Environmental Impact Assessment of Projects, Hling of Hazardous Substances, Hazard wastes Medical Wastes, the protection of Marine Environment, Agricultural Pesticides Fertilizers protection of air Pollution. Regulation Regarding Protection of Air from Pollution air pollutants must not exceed the acceptable permissible limits specified Machines, engines or vehicles producing exhaust gases that exceed the limits specified shall not be used. Sector / Sector / prohibited to throw, treat or burn garbage solid wastes except in places designated Precautions at the time of exploration, drilling, construction, demolition or transportation of wastes or dusts produced adequate ventilation in the work place measures to prohibit smoking in closed public places. Disposal of hazardous wastes medical wastes, activities resulting in the production of hazardous wastes shall keep a registry for such hazardous wastes, Page 17 of 20

18 Local Law 21 of 2005 Waste Management in the emirate of Abu Dhabi Environment Agency Abu Dhabi Reduce the generated waste by means of implementing the regulations, Classify the generated waste to hazardous non-hazardous waste, Enforce its waste generating facilities with the occupational health safety requirements, In case of transporting waste, must comply with the codes of practice guidelines for licensing of waste transport vehicles the regulation monitoring of transport operations. Facilities for storage, treatment or disposal of waste, the provisions of Article (6) of this law must be complied. 1) In case of contract with the private sector for transporting, storage, treatment or disposal of waste, the following must be carried out: Sector / a) Restrict waste contracts to Environmental Service Providers permitted by the. b) Inform parties interested in contracting of all wastes that are classified as hazardous wastes, furnish such parties with all the data available therewith on the description specifications of such wastes. c) Medical or hazardous waste must not be delivered to any party interested in contracting unless such parties specify the means that they shall apply on such waste provide the approval of the. d) Complete delivery transport of wastes as per the approved regulations guidelines. Local Law Abu Dhabi DMA Administrative measures violating buildings works that directly hinder or cripple utility of highways public services which pose a threat to public health, safety or the environment or spoil the general view lscape of the City at the expense of the violating person. Sector / \ Page 18 of 20

19 (16) of 2009 Amending certain provisions of law no. (4) of 1983 regarding organizing building works" The engineers inspectors of the Department who are commissioned with the control over the enforcement of the Law its Executive Regulations shall take minutes on the control of violations under the Schedule attached to this Law The Engineering Firm the Contractor shall to the extent that each is concerned ensure that the site is safe free of utility lines shall notify the Department upon commencement of the work, in accordance with the requirements set out in the implementing regulations of this Law Electricity Wiring Regulations 2007 Requirements of Electricity Wiring ESMA Stard UAE.S GSO 209 : 1995 Industrial Safety Health Regulations Occupational Health Environmental Control Ministry Electricity Water ESMA of Requirements of Electricity Wiring Industrial Safety Health Regulations Occupational Health Environmental Control Sector / Sector / ESMA Stard UAE.S GSO 212 : 1994 Personal Protective Equipment ESMA Industrial Safety Health regarding Personal Protective Equipment Sector / ESMA Stard UAE.S GSO 215 : 1995 Industrial Safety Health Regulations - Equipment- Tanks, Pressure vessels, Boilers Compressed gas ESMA Industrial Safety Health Regulations - Equipment- Tanks, Pressure vessels, Boilers Compressed gas equipment; Sector / Page 19 of 20

20 equipment; ESMA Stard UAE.S GSO 217 : 1995 Industrial Safety Health Regulations Equipment Scaffolding ESMA Stard UAE.S GSO 220 : 1995 Industrial Safety Health Regulations - Welding, Cutting Brazing ESMA Stard UAE.S GSO 221 : 1995 Industrial Safety Health Regulations ESMA ESMA ESMA Industrial Safety Health Regulations Equipment Scaffolding Industrial Safety Health Regulations - Welding, Cutting Brazing Industrial Safety Health Regulations Sector / Sector / Sector / Department of Municipal Affairs 2012 This document is shall remain the property of the Sector. The document may only be used for the purposes for which it was intended. Unauthorised use or reproduction of this document is prohibited. Page 20 of 20