Area: Okolje in prostor
Competent authority: MOP
EZU URL: .nan
Initiative ID: 779
Initiative accepted and completed: .nan
Initiative classified in EZU: .nan
Initiative forwarded in response: '2016-11-10'
Initiative published: '2016-11-10'
Initiative submitted: '2016-11-07'
Response from the competent authority: 'Response from the Ministry of Labour, Family,
  Social Affairs and Equal Opportunities:The Ministry of Labour, Family, Social Affairs
  and Equal Opportunities considers that the Regulation on Ensuring Occupational Safety
  and Health at Temporary and Mobile Construction Sites (Official Gazette of the Republic
  of Slovenia No 83/05) (hereinafter: the "Regulation") clearly stipulates in its
  Article 4(5) that before starting work on a construction site, the client or project
  supervisor must ensure that a safety plan is drawn up. Any change which may affect
  the safety and health of workers at work on the construction site must be entered
  in the safety plan. The safety plan is an integral part of the project documentation
  laid down in the specific regulations. One of the other requirements (Article 4(1)
  of the Regulation) for the contracting authority or project supervisor is the appointment
  of an occupational health and safety coordinator during the preparatory phase of
  the project (in addition to the appointment of an occupational health and safety
  coordinator during the execution phase of the project), if the work is being carried
  out, or is intended to be carried out, on the site by two or more contractors. The
  project preparatory phase health and safety coordinator shall draw up or ensure
  that a safety plan is drawn up in accordance with Annex V, setting out the rules
  applicable to the site concerned, taking into account, where appropriate, the industrial
  activities on the site; this plan shall also include specific measures in respect
  of works falling within one or more of the categories of Annex II to the Regulation.
  The safety plan shall be drawn up or provided by the occupational safety and health
  coordinator during the preparatory phase of the project, but this does not, in accordance
  with Article 9 of the Regulation, relieve the client or the project supervisor of
  their obligations to ensure the safety and health of workers at work on the construction
  site.The drawing up of the safety plan is therefore primarily the responsibility
  of the client or the project supervisor, on whose behalf it shall be drawn up or
  provided by or on behalf of the occupational safety and health coordinator during
  the preparatory phase of the project, if the work is being carried out by two or
  more contractors, or by the client or the project supervisor himself, if it is a
  single contractor. The contracting authority or the project supervisor cannot delegate
  its obligations under Article 9 of the Regulation to the contractor. The offence
  shall be punishable by the fine laid down in Article 16 of the Regulation and shall
  be committed by a legal person or an individual entrepreneur who, as the contracting
  authority or project supervisor: a) fails to designate one or more occupational
  safety and health coordinators where the work is carried out or is intended to be
  carried out on the construction site by two or more contractors (first paragraph
  of Article 16 of the Regulation); or b) fails to designate one or more occupational
  safety and health coordinators where the work is carried out or is intended to be
  carried out on the site by two or more contractors (first paragraph of Article 16
  of the Regulation). (b) does not appoint occupational safety and health coordinators
  separately for the preparation phase of the project and for the execution phase
  of the project (Article 4(2)); (c) does not ensure that a safety plan is drawn up
  prior to the commencement of work on the construction site (Article 4(6)). The Labour
  Inspectorate shall supervise the implementation of the Regulation in accordance
  with Article 15 of the Regulation. Response of the Ministry of the Environment and
  Spatial Planning:Act on Construction of Buildings (Official Journal of the Republic
  of Slovenia, No 102/04, 14/05, corrected version), 92/05 - ZJC-B, 93/05 - ZVMS,
  111/05 - Decree of the US, 126/07, 108/09, 61/10 - ZRud-1, 67/10 - ZRud-1A and 20/11
  - Decree of the US, 57/12, 10/13- ZDavNepr, 110/13 and 19/15 - hereinafter referred
  to as: "ZGO-1") regulates the issue of self-build in Article 79 and stipulates that
  an individual or an association may self-build a simple building, or a building
  of lesser complexity, but only on the following conditions: 1. 2. that such a building
  is a single-dwelling building for own needs, an agricultural building intended for
  the needs of a family farm, a mountain lodge, a fire-fighting lodge or another small
  building intended for the performance of the association''s activities, 3. that
  its usable area, including the attic, does not exceed 250.00 m2 of usable area,
  and 4. that building control is ensured in accordance with the provisions of this
  Law. Article 79 of the ZGO-1 also provides that a firefighting or mountaineering
  association shall build a firefighting or mountaineering lodge in its own direction
  or with the assistance of its members, even if its useful area exceeds 250.00 m2
  , but not more than up to 350.00 m2 of useful area. An inter-ministerial and public
  hearing on the draft Construction Act, which is to completely reorganise the construction
  sector, has now been completed. Under this draft, self-build is not prohibited.
  Nor are any inspection measures or offences envisaged in this respect. The aim of
  the law is to ensure that in all cases of construction, the project documentation
  is drawn up in a qualified manner and that the construction is supervised in a qualified
  manner. An important link in the construction process is the supervising engineer,
  whose appointment is always mandatory, who coordinates and directs the contractor
  and warns of non-compliance with the statutory requirements. If the inspector finds
  that construction is being carried out without the appointment of a supervising
  engineer, he is obliged to take action. However, the obligation to provide a qualified
  contractor to carry out the construction is not regulated. The key to construction
  is to ensure that the prescribed requirements are met, which means that in the case
  of self-build, the self-builder assumes these obligations. Although, in the case
  of self-build, the construction is carried out for the contractor''s own needs,
  liability insurance is already advisable in order to cover liability in the event
  of accidents at work and liability for possible damage to bystanders, traffic or
  neighbouring properties. The self-build contractor also runs the risk of possible
  inspection measures for breaches of the contractor''s obligations under the Construction
  Act and other relevant laws (occupational safety and health, etc.). Although self-construction
  is not prohibited and is a method of construction that reduces construction costs,
  it is recommended that a qualified contractor be hired due to the high liability
  assumed by the investor in such a construction method. No substantial changes are
  foreseen in the draft law as regards the proof of reliability. It will still be
  the responsibility of the contractor and the supervisor to sign such proof. We believe
  that this solution, which has proved to be a good one in practice, is appropriate,
  as the contractor and the supervisor are present on the site at all times and are
  familiar with the progress of the construction and the materials used in the construction.
  In our view, it is not at all a matter of administrative work. It is a matter of
  agreement between the investor and the other parties involved in the construction
  as to who will produce the evidence.'
Text file: 779.txt
Title: Safety plan
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=779
