ORDINANCE No 2 OF MARCH 22, 2004 FOR THE MINIMUM REQUIREMENTS FOR HEALTHY AND SAFE LABOUR CONDITIONS AT IMPLEMENTING CONSTRUCTION AND MOUNTING WORKS
MINISTRY OF LABOUR AND SOCIAL POLICY, MINISTRY OF REGIONAL DEVELOPMENT AND PUBLIC WORKS, In Force from 6-th of November 2004
Prom. SG. 37/4 May 2004, corr. SG. 98/5 Nov 2004, amend. SG. 102/19 Dec 2006
Objective and range of application
Art. 1. The ordinance shall determine the minimum requirements for ensuring healthy and safe labour conditions (HSLC) at the temporary and mobile construction sites.
Art. 2. (1) The ordinance shall be applied at implementing the following construction and mounting works (CMW):
1. earth works, including excavations;
3. mounting and/or dismounting;
4. restructuring and/or expansion;
8. demolition, including destroying;
9. technical servicing;
10. insulation and finishing works; maintenance;
11. drainage works;
12. technical liquidation and/or conservation of sites.
(2) (amend. – SG 102/06) Specific requirements for ensuring safety and health at fulfilment of CMW are pointed out in appendices No 1 – 6.
(3) Guides for fulfilment of CMW and codes for good construction practice shall be worked out on the basis of the general and the specific requirements of the ordinance and shall be promoted by the trade union and the employers’ organisations in construction in coordination with the Branch council for labour conditions in construction. These guides or codes for good practice can be used at developing the internal instructions and documents of the constructor.
Art. 3. The ordinance shall not be applied at:
1. obtaining of underground resources by drilling;
2. obtaining of mineral resources by open or underground way;
3. production and preparation of construction elements and products out of the construction site.
Art. 4. The ordinance shall be applied observing the requirements of the normative acts for:
1. healthy and safe labour conditions, including:
a) risk assessment and respective preventive measures;
b) working place and working equipment;
c) consulting and informing the working people;
d) personal safety aids;
f) exposure to chemical, physical and biological agents;
g) physiological norms and rules for hand work with weights;
h) sanitary – hygiene norms and requirements;
i) signs and signals;
2. designing and fulfilment of the constructions, including:
a) scope and content of the investment designs;
b) compiling of acts and records during the construction;
c) licensing of the consultants;
d) rules for fulfilment and approval of CMW;
3. fire and accident safety;
4. electric safety;
5. organisation of movement and signalisation of the roads;
6. safe exploitation of the facilities with increased danger;
7. implementing of explosion and fire works;
8. protection of environment.
Rights and obligations of the participants in construction. Plan and instructions for safety and health. Information boards
Art. 5. (1) (amend. – SG 102/06) The assignor or the person, authorized by him, shall determine coordinators of safety and health:
1. for the stage of the investment designing – when he assigns the designing to more than one designer;
2. for the stage of fulfilment of the construction – when he assigns the fulfillment of the construction to more than one constructor or to a contractor, hiring subcontractor(s).
(2) The coordinators of para 1 must be legally competent persons with qualification, professional experience and technical competence in the field of designing, construction and safe and healthy fulfilment of CMW, proven respectively with diploma, licenses, certificates etc.
(3) The functions of coordinator of safety and health can fulfil:
1. for the stage of the investment designing also by:
a) consultant (for constructions of all categories);
b) person with full designer legal competence (for constructions of first to fourth category);
2. for the stage of fulfilment of the construction also by:
a) consultant (for constructions of all categories);
b) technical manager (for constructions of fifth category).
Art. 6. The assignor or the person, authorised by him shall not be liberated from responsibility with regard to ensuring of HSLC regardless from the fact that in the process of contracting are determined one or more coordinators for fulfilment of the tasks of art. 7 and 11.
Art. 7. The coordinator for health and safety for the stage of the investment designing shall:
1. coordinate the work of the designers for ensuring the requirements of the normative acts for NSLC in the separate stages of the investment designing at:
a) working out the architectural, the constructive, the technological and/or the organisational part of the design in order to be determined the stages and the kinds of CMW, which will be implemented simultaneously or subsequently;
b) assessment of the necessary duration for implementing of the stages and the kinds of CMW accounting for if necessary the requirements of the normative acts, of the plan for safety and health and of the information, prepared respectively according to art. 9 and 10 and art. 7, item 3 and updated according to art. 11, item 3;
2. develop plan for safety and health when such is not assigned to the designer;
3. prepare and submit to the assignor information, accounting for the characteristics of the construction, containing data about safety and protection of health of the working people and to be taken into account at possible following works.
Art. 8. The assignor or the person, authorised by him shall observe the basic principles for preventive safety and preservation of health according to the Law of healthy and safe labour conditions (LHSLC) at planning, designing and preparation of the investment design, including the activities of art. 7, item 1, items a) and b).
Art. 9. (1) The assignor or the person, authorised by him shall assign to the designer or to the coordinator of safety and health for the stage of the investment designing the working out of the plan for safety and health and present it to the constructor before the opening of the construction site.
(2) The plan of para 1 shall be developed in the following cases:
1. when CMW are connected with specific risks for the safety and the health of the working people at implementing:
a) works, at which the workers are exposed to risks of covering up by sliding earth masses, of sinking in water or of falling from height; these risks are increased depending of the kind of the activities, the applied technologies or the ambient environment at the working place, respectively at the construction site;
b) works, at which the workers are exposed to the impact of chemical, physical or biological agents, representing risk for the safety or health of the workers, or requiring prophylactic examinations according to the legislation, acting in the country;
c) works in ambience of ionising radiation;
d) works near to electric power lines with voltage over 1 kV;
e) works, at which there is danger from drowning;
f) underground works, construction of wells or tunnels;
g) works with diving apparatuses;
h) works in chambers with air under pressure;
i) works, at which explosives are used;
j) works, requiring mounting or dismounting of heavy or voluminous ready made construction elements;
k) other works – upon discretion of the coordinator of safety and health for the stage of the investment designing and/or of the coordinator of safety and health for the stage of fulfilment of the construction;
2. upon existence of production activities at or in immediate proximity of the construction’
3. under the conditions of art. 12, para 1, items 1 and 2.
Art. 10. the plan for safety and health shall contain:
1. organisational plan;
2. construction situation plan;
3. complex plan – schedule for the sequence of accomplishment of CMW;
4. plans for prevention and liquidation of fires and accidents and for evacuation of the workers and these being at the construction site;
5. measures and requirements for ensuring safety and health at implementing CMW, including for the places with specific risks;
6. list of the installations, the machines and the facilities, subject to control;
7. list of the responsible persons (name, position, employer) for conducting control and coordination of the plans of the separate constructors for the places, where there are specific risks, and for evacuation, training and/or education;
8. scheme of the temporary organisation and the safety of movement on transport and evacuation roads and pedestrian paths on the construction site and the approaches to it;
9. scheme of the places of the construction site, on which is provided to work two or more constructors;
10. scheme of the places of the construction site, on which there are specific risks;
11. scheme of the places for instalment of lifting facilities and scaffolds;
12. scheme of the places for storage of construction products and equipment, temporary workshops and waste containers;
13. scheme of the location of the sanitary – servicing premises;
14. scheme for supply with electricity, water, heat, sewerage etc.;
15. scheme and schedule for work of the temporary artificial lighting on the construction site and the working places;
16. scheme and kind of the signalisation for disaster, average, fire or accident, with defined place for rendering first aid.
Art. 11. The coordinator of safety and health at the stage of fulfilment of the construction shall:
1. coordinate the implementation of the general principles for prevention and safety according to LHSLC at:
a) taking of technical and/or organisational decisions for simultaneous or subsequent accomplishment of the stages and the kinds of CMW;
b) assessment of the necessary duration for accomplishment of the stages and the kinds of CMW;
2. coordinate the implementation of the requirements for HSLC according to art. 16, item 1 and of the plan for safety and health according t art. 7, item 2, when such is required, by the constructors and, if necessary of protection of workers, of the persons, exercising labour activity independently;
3. update the plan for safety and health of art. 7, item 2 and the information of art. 7, item 3 accounting for the occurred changes with the progress of CMW;
4. organise the joint work between the constructors, in this number the subcontractors and the constructors, included in the work later, on one and the same construction site, ensure mutual information and coordinate their activities with objective protection of the workers and prevention of labour accidents and professional diseases, including if necessary in this process also the persons, exercising labour activity independently;
5. coordinate the control of the correct accomplishment of CMW;
6. undertake the necessary measures for admitting on the construction site only the persons, connected with the implementing of the construction.
Art. 12. (amend. – SG 102/06) (1) The assignor or the person, authorized by him, shall prepare in advance and provides to the constructor an information board for the construction according to art. 13 when;
1. planned duration of the works, bigger tan 30 working days and opportunity for work of more than 20 workers simultaneously;
2. planned amount of work for more than 500 man-days.
(2) The assignor or the person, authorized by him, prior to initiation of CMW shall notify about the opening of the construction site the respective unit of the Implementing Agency “Chief Labour Inspectorate” and of the Directorate of national construction control, by sending a copy of the content of the information board,
(3) For opening of the construction site the constructor shall put at a visible place the information board for the construction and if necessary shall update it.
Art. 13. The information board shall contain:
1. date of opening of the construction site;
2. number and date of the permission for construction;
3. precise address of the construction site;
4. assignor/s (name/s and address/es);
5. kind of the construction;
6. constructor/s (name/s and address/es);
7. coordinators of safety and health for the stage of the investment designing (name/s and address/es);
8. coordinators of safety and health for the fulfilment of the construction (name/s and address/es);
9. planned date for starting work on the construction site;
10. planned duration of work on the construction site;
11. planned maximum number of workers on the construction site;
12. planned number of constructors and persons, independently exercising labour activity on the construction site;
13. data about already chosen subcontractors.
Art. 14. Before the opening of the construction site the assignor or the person, authorised by him, shall be obliged to guarantee with assessment of compliance by the order of the Law of spatial planning (LSP) that:
1. with the design of the construction are observed the requirements for safety for all stages of construction and that all installations (water supply, power supply, gas pipeline and other conduits, sewers etc.), being in the zone of the construction site, are clearly marked in the design;
2. the design of the construction is coordinated and approved by all interested bodies and persons;
3. any other changes in the design will be coordinated by the respective order without breaching the requirements of HSLC.
Art. 15. (1) before starting work on the construction site and till the finishing of the construction the constructor shall be obliged to make risk assessment.
(2) The risk assessment shall cover all stages of the contracted construction, the selection of the working equipment and all parameters of the working environment.
(3) The risk assessment shall be made together with the preliminary announced subcontractors and it shall be updated at the including of new ones in the process of work.
(4) At implementing CMW on the territory of a working enterprise the risk assessment shall be made together with ins manager.
(5) If during the implementing of CMW essential changes of the initial plans occur, the risk assessment shall be updated.
(6) At implementing of risk assessment measurements of the parameters of the working environment shall be made.
Art. 16. The constructor shall:
a) the implementation of CMW in technological sequence and terms, determined in the investment design and in the plan for safety and health;
b) (suppl. – SG 102/06) complex HSLC for all working, including the subcontractors and the persons, exercising independent labour activity, at implementing CMW at the constructions, fulfilled by him in compliance with the minimum requirements of this Ordinance;
c) the working out and the updating of instructions for safety and health according to the concrete conditions at the construction site for kinds of CMW and upon the cases, required by this ordinance;
d) the choice of the location of the working places observing the conditions for safe and convenient access to them and the determining of transport roads and/or transport zones;
e) the necessary protection aids and working clothing and their use in compliance with the normative provisions and depending on the existing professional risks for each concrete case;
f) the instructions, the training, the increasing of qualification and the check of the knowledge for HSLC of the workers;
g) (amend. – SG 102/06) indexing and accounting of the implemented checks, trials, technical maintenance and repairs of the facilities and the working equipment (the electric and the lifting facilities, the construction machinery, the motor vehicles etc.) and their permanent control with regard to removal of defects, which can affect the safety or the health of the workers;
h) (amend. – SG 102/06) the necessary sanitary – service premises according to the sanitary – hygiene requirements and the requirements for fire and accident safety, the duration of the construction and the human resources;
i) the maintaining of order and cleanness at the construction site;
j) the dividing and the organising of the storehouse areas for different materials, especially when this refers to dangerous materials and substances;
k) the requirements for work with different materials;
l) the requirements for preservation and removal of the used dangerous materials;
m) the collecting, the preservation and the transportation of wastes and debris;
n) the adaptation of the stages and/or the kinds of CMW to their actual duration at accounting of the current status of the activities at the construction;
o) the joint work between the constructors and the persons, exercising independent labour activity;
p) the interaction with the industrial activities on the territory, on which or near which is located the construction site;
q) (amend. – SG 102/06) rendering at any time first aid to the employees in case of labour accident, fire, disaster or casualty, whereas the trained for that persons shall have to be available;
r) (new – SG 102/06) transportation of employees, affected by an occupational accident or in suddenly worsened health condition for rendering medical assistance.
2. when necessary work out and approve internal documents (orders, models etc.) for ensuring HSLC, compliant with the concrete conditions;
3. undertake respective protection measures for protection of the workers from risks, ensuing from insufficient strength or temporary instability of the building construction;
4. does not admit the existence of working places out of the boundaries of the construction site and when this is necessary – make special instruction for HSLC to the workers and apply special measures for their protection as well as for protection of these, passing and/or being in the dangerous zone of the implemented CMW;
5. organise internal system for check and control and assessment of the status of safety and health of the workers;
6. determine in writing in job descriptions the obligations of the responsible persons (technical managers, brigade chiefs etc.) and the workers for removing the risks in the working process and concede to them the necessary for this authorities and resources; approve the organisational scheme for the interaction between them;
7. undertake additional measures for protection of the workers at open air working places upon unfavourable climatic conditions;
8. take into account the instructions, given by the coordinators for safety and health, assigning their fulfilment to responsible persons in compliance with the normative provisions, the internal instructions and documents, the kind of the construction, the existence of subcontractors etc.;
9. (amend. – SG 102/06) be responsible for prevention of pollution or damage of the environment as result of the implemented CMW;
10. determine responsible persons for applying measures for rendering first aid, for fight with disasters, accidents and fires and for evacuation; the number of these persons, their training and the equipment, conceded to them must be adequate to the specific dangers and/or to the size of the construction.
Art. 17. (amend. – SG 102/06) (1) The constructor shall provide:
1. awareness of employees and other persons on the construction site of the plans under Art. 10, item 4;
2. displaying of the plans under item 1 in visible and accessible places;
3. adjustment of his organization related to prevention and liquidation of fire, disasters and accidents hazards, rendering aid and evacuation of the employees in compliance to the plans under item 1.
Art. 18. (1) The persons, exercising independent labour activity, and the employers, implementing personally labour activity on the construction site, shall observe the requirements of the ordinance accounting for the instructions of the coordinators for safety and health.
(2) The subcontractor shall coordinate his activities for ensuring HSLC with the constructor, who has hired him.
Art. 19. (1) The instructions for safety and health shall contain:
1. the rights, the obligations and the responsibilities of the persons, who manage or guide the respective labour processes;
2. the required legal competence or qualification of the workers for implementing CMW for defined construction technologies and of the operators of construction machinery and instruments;
3. the requirements for HSLC:
a) before starting, during and upon stopping, termination and finishing of the work;
b) for use of the respective construction machines and the other working equipment;
c) at making trials and checks for functionality of technological equipment and installations;
4. (suppl. – SG 102/06) a list of resources for collective protection and the personal protection aids, necessary for fulfilment of the work, giving priority to the collective before the personal;
5. (new – SG 102/06) rules of storage, keeping and application of the used products and items;
6. the conditions for compulsory and emergency termination of work, measures for rendering first aid to the injured upon accident etc.;
7. (amend. – SG 102/06) scheme for placing of the signs for safety of labour and fire safety (FS) and of the places for placing the descriptions of the signals, made with hand, and of the verbal messages, which upon need are made at work.
8. (prev. item 5 – SG 102/06) other requirements, connected with the concrete conditions of work;
(2) The instructions of para 1:
1. shall be put at accessible and visible places in the working zone;
2. shall be updated at any change and contain the dates, on which are approved and changed.
Art. 20. The instructions for safety and health at exploitation of electric facilities and working equipment shall include also issues about:
1. the way of hanging of cables with length over 3 m and minimum suspension 2.5 m;
2. safeguarding against damages from electric currency of the used electrified wagons, barracks, containers etc. according to the instruction for exploitation;
3. the periodicity of the check of the electric safeguarding, including also by measurements;
4. marking the existence of voltage and the power of the used contacts and extensions;
5. the use of portable transformers, lamps and electric appliances and instruments;
6. the check of the effectiveness of the lightning protection in case such is required.
Art. 21. At implementing of CMW in the conditions of acting or temporary stopped from exploitation enterprises, workshops or equipment, the respective constructors and employers shall jointly work out, approve and if necessary update instructions for safety and health in compliance with the concrete conditions or work.
Art. 22. At conducting production training or practice of students:
1. shall be compiled concrete instructions for safety and health by the constructor and the education unit;
2. shall be determined the kind of the conducted practice, the concrete working places, the parts of the construction site and the working equipment, which cannot be visited and used by the trainees;
3. shall be determined the persons in charge from the enterprise and the education unit and the necessary instruction shall be made.
Art. 23. (1) The assignor and/or the constructor can remove from the construction site workers, who with their actions and/or lack of actions threaten their or other worker’s safety.
(2) for not observing the requirements for HSLC can be required removal from the construction site of workers and others, being on it by:
1. the consultant;
2. the technical manager;
3. the respective brigade chief.
Art. 24. (1) At the construction site shall be admitted to work only workers and other persons, who use the personal protection aids and special working clothing, ensured for them.
(2) The technical manager or the brigade chief shall remove the workers, who do not use the personal and the other protection aids, ensured for them or are not sober.
Art. 25. (1) The assignor and the constructor shall take measures for preservation of the tree vegetation and the water sources and areas, located on or around the construction site.
(2) Upon occurred pollution or damage of environment, including at disasters, fires or accidents, the assignor and/or the constructor shall immediately notify the permanent commissions for protection of the population at disasters, accidents and catastrophes at the regional and the municipal administrations about the occurred changes of the environment and undertake measures for their restriction and removal.
Art. 26. The technical manager shall:
1. fulfil and control the observing of the requirements for HSLC;
2. directly participate in the working out of the instructions for safety and health and manage and control their application;
3. observe the requirements for HSLC to the used construction technologies and designs;
4. conduct instructions for HSLC of the workers, managed by him;
5. prohibit work with construction machinery, facilities and instruments, which do not meet the requirements for HSLC;
6. immediately notify his direct chiefs about misfortunes and/or accidents at the construction site, the construction, the part of the construction or the working places he is in charge of;
7. distribute the workers to working places according to their legal competence, qualifications, knowledge and experience;
a) the planning and the safe demolition of buildings and facilities by undertaking appropriate protection measures, methods and procedures;
b) the mounting and dismounting of steel or concrete frames and their components, shudders, ready made construction elements or temporary supports and bearings;
c) the correct arrangement and preservation at the construction site of the materials, the Art.s and the equipment;
a) terminating of the work and take out all persons from the construction site, the construction or the respective working place when there is serious or immediate danger for their health or life or when there are conditions at which is required stopping of work; upon his absence from the construction site these obligations shall be fulfilled by persons with the necessary qualification, pointed out by him;
b) order and hygiene at the working places and the construction sites he is in charge of;
c) coordination of the work when the scaffolds, the platforms and the cradles are used by several brigades;
a) the working zone and the boundaries of the dangerous zone at movement of construction machines and mechanisation on the construction site; in the cases when the driver has no sufficient visibility the technical manager shall determine signalman with him;
b) the places for fixing of the safety belts of the workers and the cradles, the platforms and the suspended stairs to a secure and strong support and everyday control the hanging appliances before starting work;
c) person, who is to control the fitness, the correct exploitation, the checks, the maintenance and the repair of the working equipment (construction machinery, direct burning appliances etc.);
d) person, who is to be in charge for the fitness, the correct use, the checks, the cleaning and the repair of the sanitary – service premises;
11. fulfil in time the prescriptions of the control bodies for HSLC;
12. participate at analysing the reasons for admitted labour accidents.
Art. 27. The brigade leader of production unit (brigade) shall:
1. be responsible and follow the observing of the requirements for HSLC by the workers in the production unit (brigade);
2. in the absence of the technical manager order stopping of work upon threat for the health or the life of the workers;
3. does not admit implementing of CMW by the workers out of the tasks assigned to them;
4. be in charge for the order and the hygiene in the premises or the wagons, which are used by the production unit (brigade) for living.
Art. 28. The operators and the workers, to whom is assigned the management or the use of construction machinery, instruments or construction – mounting pistols shall:
1. observe the instructions for safety and health and the requirements of the ordinance for the respective machine or instrument;
2. before starting work check the fitness of the machines and the instruments and during work follow their status and upon established fault terminate work;
3. upon joint work with signalman fulfil precisely the signals;
4. fulfil the orders of the technical manager and in his absence – of the deputy or the brigade leader, managing the fulfilment of the respective kind CMW unless these orders contradict with the requirements for correct and safe exploitation of the machine.
Art. 29. At the instruction the workers, who fulfil CMW, shall obligatory be informed about their obligations to:
1. observe the requirements for safety and health at the fulfilment of their work;
2. appear to work in sober state and not to consume alcohol and intoxicating substances during working time;
3. observe the instructions for safe movement on the territory of the construction site and at their working places;
4. not implement CMW for which they do not have the required legal competence or qualification;
5. use their personal and other protection aids when this is required and after use to return them back at the respective place;
6. (amend. – SG 102/06) terminate immediately work and notify the direct chief about any situation
a) (amend. – SG 102/06) for which there are grounded reasons to consider that are created conditions threatening their health, as well as the health and/or the life of the persons occurring in immediate proximity; or
b) when fault of the machines, the facilities, the devices, the instruments, the scaffolds, the platforms, the cradles, the protection aids etc. is established, due to which misadventure, accident, fire or explosion can occur;
7. use correctly the machines, the apparatuses, the facilities, the devices, the instruments, the dangerous substances, the transport equipment and the other production means as well as not to use unfit such;
8. not interrupt, change or remove arbitrarily protection means of the machines, the instruments, the facilities and the buildings;
9. cooperate within the framework of their sphere of activity with the constructor and/or the coordinator of safety and health for ensuring safe working environment.
Art. 30. (1) The construction site shall be determined and opened under the conditions and by the order of LSP.
(2) (suppl. – SG 102/06) The construction sites in urbanised territories, on roads or on the territory of acting enterprises, including the excavations for construction or repair of underground networks and facilities, shall be fenced with provisional solid fences according to the requirements of the respective municipal administration and signalled with the respective signs and boards and if necessary – also with light signals.
(3) In case roads or railway lines pass near the fences the distance between the fence and the road shoulder or the nearest rail shall be at least 2.0 m.
Art. 31. (1) At the entrance of the site and at other appropriate places shall be put schemes with marked location of the separate sub-sites and routes for movement of transport vehicles and pedestrians.
(2) The movement of the construction machines and of the pedestrians on the construction sites if necessary shall be regulated with road signs in compliance with the normative requirements for signalisation of the roads with road signs. The sections, dangerous for movement shall be fenced or respective signs shall be put at their boundaries, and upon restricted or reduced visibility – also light signals.
(3) At passing of pedestrians over excavations shall be used safe bridges, lighted during the dark part of the day and night.
Art. 32. (1) The premises for sanitary – service and medical servicing shall be used for:
1. preparation and consumption of food and soft drinks;
2. change of clothing, preservation and drying of the working and the personal clothes;
3. short rest;
4. spending the night at the construction when this is imposed by the technological process;
5. medical services;
6. ensuring of personal hygiene (toilettes, bathrooms, wash-rooms etc.).
(2) (amend. – SG 102/06) In the cases when the assignor concedes to the constructor for temporary use finished buildings from the basic construction, they shall be adapted to the sanitary – hygiene requirements and the requirements for FS.
Art. 33. (1) (amend. – SG 102/06) The distances from the sanitary – service premises to the storehouses, where are preserved materials, dangerous for the health of the workers, including fire and explosion dangerous, shall be complied with the sanitary – hygiene requirements for FS.
(2) The sanitary – service premises shall be disposed at places where to a minimum degree there is danger from sinking of the soil and exposure to chemical, physical and biological agents.
(3) The places for catering shall be located at a distance up to 500 m to the most distanced working place on the construction site.
(4) the toilettes shall be disposed at a distance up to 75 m from the most distanced working place on the construction site and shall be connected with the sewerage network and upon impossibility chemical toilette shall be disposed.
(5) The taps for industrial waters shall be marked with prohibition of drinking.
Art. 34. (1) The premises for warming and the places for instruction of the workers shall be furnished with benches, tables, medicine cabinets and stretchers for rendering first aid to the injured.
(2) (amend. – SG 102/06) The kind of the heating, the way of air exchange and the accomplishment of the ventilation installations in the premises for change of clothing and rest must meet the sanitary – hygiene requirements and the requirements for FS.
Art. 35. The sewerage system at the construction site must ensure taking out of the surface waters in order not to be admitted flooding of the roads, the paths, the passes, the railway lines, the sub-crane roads, the places for parking non-rail construction machines, the open storehouses, the loading and unloading plots etc.
Art. 36. (1) The construction wastes shall be preserved in appropriate way at an especially equipped plot. The constructor shall determine in writing its location for each construction, the concrete activity for waste management and the persons, responsible for their fulfilment.
(2) Throwing out of construction wastes or elements of working equipment shall not be admitted through the openings of the floors. For this purpose shall be used cranes, lifts, closed chutes or other appropriate devices and respective packing.
(3) When the construction wastes are thrown out from the construction by chutes (waste conduits), they shall be made and mounted so that not to dust or pollute the working ambience or the environment.
Art. 37. (1) In the dangerous zones the access of person, not implementing CMW, shall be restricted in appropriate way.
(2) When the dangerous zone goes out of the boundaries of the construction site as result of which is restricted, impaired or stopped the movement, it shall be determined with a scheme for temporary organisation and safety of the movement.
(3) The dangerous zones of the working equipment within the boundaries of the construction site shall be determined and marked as follows:
1. at height of the construction up to 20.0 m the dangerous zone shall be not less than 7.0 m;
2. at height of the construction over 20.0 m the dangerous zone shall be determine with the investment design.
Art. 38. (1) For safeguarding of the working equipment at the construction site shall be used permanent or temporary fences (parapets, covers, nets, screens etc.), applied at shafts, stairs, balconies, landings, bridges, trestles, pedestrian paths, protruding parts and parts with sharp edges and ends, moving machines and facilities, preparation of materials, splashing and pouring liquids, flying pArt.s, metal shavings, filings etc.
(2) The passes, the approaches and the entrances of the construction site, which are in the dangerous zones of the working equipment, shall be secured at not less than 1.0 m out of the their dimension with solid and stable covers (protecting floors, hoods etc.) according to the concrete conditions.
Art 39. (1) The dangerous zones, where is possible falling of loads at movement with mounting crane, shall be signalled with warning signs and boards. In these zones shall be prohibited the access of external persons at least 5.0 m from the vertical of the lifted loads.
(2) In case the dangerous zone of para 1 reaches the fence of the construction site, protection hood shall be constructed over it.
(3) In case the dangerous zone of para 1 reaches out of the fence of the construction site or covers other construction facilities, the work in it shall be organised according to the plan of safety and health.
(4) Lifting, movement or lowering of any kind of loads, mounting elements, equipment etc. over inhabited buildings in the dangerous zone of load lifting (mounting) facility shall not be admitted.
Art. 40. The openings in building and constructive elements (walls, floor slabs, roofs etc.), creating danger of falling from height shall be:
1. safeguarded by parapets, fences or strong cover, bearing the respective load;
2. marked and/or signalled in appropriate way.
Art. 41. (1) At implementing CMW in immediate proximity of a railway and/or works for repair and maintenance of railroad the technical manager shall ensure the safe passing of the rolling stock and the safety of the working at the construction by monitoring for approaching trains or other railway vehicles and timely order removal of the people, the machines and the instruments at a safe distance till passing of the danger.
(2) For mechanic safeguarding of working equipment at railway and automobile roads shall be used:
1. traffic lights, barriers, bars, road signs, marks etc.;
2. bridges or trestles for safe passing on or over them.
(3) (new – SG 102/06) No unloading and storage of products shall be allowed in provisional and permanent roads on the construction site or on railway tracks, neither in distances less than 2,5 km off the closest end of the road bed or the railway rail.
Art. 41a. (new – SG 102/06) In case of existing railway branch on the construction site the constructor in cooperation with the branch owner or the operating company shall set in an instruction safety measures in consideration of the specific conditions, subject to observance of the legislative acts to railway transport.
Art. 42. (amend. – SG 102/06) At implementing CMW over water or in immediate proximity of the water surface the working plots shall be fenced with protective parapets and when this is technically impossible shall be used safety belts and the necessary organizational and technical rescue measures shall be implemented, including motor vehicles.
Art. 43. At implementing CMW on facades in settlements the working plot shall obligatory be fenced with protection net when the height of the floor of the plot is bigger than the distance at which is possible to pass people or vehicles.
Art. 44. (1) The installing and the dismantling of means for collective protection shall be implemented with the use of safety belt, fixed to a special protective facility or to the construction, observing the technological sequence for securing the safety of the workers.
(2) safeguarding facilities, fences, covers etc., removed during work, shall be restored by the constructor, who has removed them.
Art. 45. At the construction of high buildings and facilities at their highest part shall be installed:
1. lightning protection;
2. temporary light mark in case they are danger for aviation.
Art. 46. Upon occurring of dangerous conditions (landslide, unexpected occurrence of gases, giving in of the base under construction scaffolds, machines and facilities, inadmissible deformations, tearing of electric conductors, finding of explosive substances etc.) the work shall be terminated and the workers shall leave the dangerous places without order. The work shall be renewed upon order by the technical manager after removal of the respective danger.
Art. 47. (1) (new – SG 102/06) In case of working in places in limited spaces, where the air can become flammable or it contains toxic or hazardous substances, or when there is no enough oxygen, the air shall have to be put under permanent control, whereas respective measures for prevention of the hazards shall be undertaken.
(2) (prev. art. 47 – SG 102/06) Construction and mounting works in limited spaces (wells, tunnels, ditches, closed and semi-closed vessels, etc.) shall be carried out according to the safety and health instructions, developed for each specific case.
Art. 48. Construction and mounting works close to slopes of excavations shall be implemented after check by the technical manager for the security and safeguarding.
Art. 49. At excavation and underground works an a construction of wells, tunnels and similar facilities shall be undertaken appropriate measures for safety, including:
1. preliminary establishing and respectively minimising of the dangers from underground networks and facilities;
2. forming of slopes or use of appropriate strengthening;
3. preventing of risks, related with falling of people, products and/or subjects and/or penetration of water;
4. ensuring ventilation of the working places;
5. ensuring safe access to the working places;
6. taking out the workers to a safe place in case of fire, accident, covering up or flooding;
7. (amend. – SG 102/06) storing of products or earth masses and movement of motor vehicles or construction machines at a safe distance from the excavations and the water areas and if necessary mounting of appropriate fences.
Art. 49a. (new – SG 102/06) (1) Construction materials, products and equipment shall:
1. be delivered to the construction site after its preparation for their storage;
2. be transported and stored on the construction site in compliance with manufacturer’s instructions and operation instructions.
(2) The rules of storage and keeping of products and articles, the size, content or other properties of which can cause damages to employees’ health, shall be developed in an occupational health and safety instructions.
(3) Bottles of propane-butane, oxygen and other similar ones under pressure shall be stored separately in aerated rooms in quantities meant for shift jobs.
(4) Powdered products shall be delivered, discharged, transported and stored after de-dusting measures have been taken.
(5) Supports for resting of components and shapes of construction products and articles shall have to be of a sufficient strength and their surface shall have to be cleaned, including from snow and ice.
Art. 50. (1) The implementing of CMW in open air shall be terminated upon unfavourable climatic conditions (thunderstorm, heavy snowfall, heavy rain and/or strong wind, thick fog, during the dark part of the day and night or upon stopping of the artificial lighting etc.)
(2) The constructor shall inform in time the workers at the constructions for which he is in charge, about expected sudden changes in the climatic conditions.
Art. 51. (1) The approach and the pedestrian roads and the working places on the territory of the construction site shall be cleaned permanently from snow and covered with appropriate materials against icing.
(2) At the places for under-crane roads and for mounting of machines and mechanisms, construction scaffolds and inventory sanitary – servicing premises the snow and the ice shall be removed in advance. Upon following snowing or icing additional measures for strengthening shall be undertaken.
(3) The formed icicles over the entrances, the sidewalks, the places for passing and the passes shall be cleaned o time, after fencing.
(4) For avoiding destroying of the roofs of the buildings shall be periodically cleaned from blown in snow the dangerous places being preliminary fenced.
Art. 52. (amend. – SG 102/06) On the construction site shall be foreseen a wash for washing of the motor vehicles and the construction machines before going out to the street and the road network, when this is required by the respective municipal administration.
Art. 53. (1) The energy distributing facilities, especially these, subject to climatic impacts, shall be subject to periodic control and maintenance of their technical – exploitation characteristics according to the normative requirements.
(2) The installations, networks and facilities, existing on the territory of the construction site before opening it shall be identified, marked clearly, checked and controlled.
Art. 54. Before the beginning of CMW for the air electric power-lines existing on the construction site shall be applied one of the following measures:
1. movement at a safe distance from the region of the construction site;
2. switching of the voltage in them;
3. upon impossibility for switching off shall be put:
a) barriers (fences) or signs and signals, so that to be ensured safe distance to the electric power-lines;
b)(amend. – SG 102/06) appropriate warning facilities and suspended protections if under them motor vehicles will pass.
Art. 54a. (new – SG 102/06) No CMW shall be allowed, neither allocation of production bases, warehouses and sanitary and rest rooms in the servitude zone of electrical lines, gas pipelines and other ducts.
Art. 55. The scaffolds, the shuttering, the support and the temporary supports shall be designed, dimensioned, mounted, safeguarded and maintained so that to endure the loads acting on them and to prevent accidental deformation or movement.
Art. 56. The sheetpile coffers and the caissons shall:
1. be constructed and mounted only under the control of the consultant;
2. be made of appropriate material with sufficient strength;
3. be ensured with appropriate facility so that the workers to be able to rescue upon penetration or water or material;
4. be controlled at intervals and by a person, determined by the constructor.
Art. 56a. (new – SG 102/06) (1) In case of carrying out of load lifting operations with:
1. ceramic, stone and gas-concrete blocks, bricks, roof tiles and other similar construction materials with a lifting facility, they shall have to be packed in containers, pallets, or packs;
2. various types of matrixes (mortar, grout, etc.) containers shall be used, which do not allow tilting or spillage of the material;
3. heavy large size components onto and from motor vehicles the employees shall have first to abandon them and to move away at a safety distance from them.
(2) Directing or holding out of lifted materials with hands shall not be allowed, neither employees standing under the load or in immediate proximity to it.
(3) Loads shall be released from the grips after their stable placement in the respective place.
Art. 57. (1) The use of construction machines and lifting facilities and installations (except tampers, vibrators and instruments) without fit sound and/or light signalisation shall not be admitted.
(2) Upon work with machines and facilities, creating dangerous zone warning signals shall be given.
Art. 58. (1) Signals with hands and/or verbal communication shall be use in the cases when they are required for directing the workers, making risky or dangerous manoeuvres.
(2) The signalman shall use the movements of the hands (wrists) for directing the manoeuvres or for indicating the way of manoeuvring of a worker (operator, driver etc.), who receive the signals.
(3) To the signalman shall be ensured opportunity to observe all manoeuvres visually without being put at danger. When this condition is not fulfilled one or more signalmen shall be put additionally.
Art. 59. (1) The signalman must carry one or more brightly coloured subjects by which to be clearly detected by the operator and the other workers.
(2) The operator shall stop the manoeuvres and require new instructions when hi is not in capacity to fulfil the received ones observing the necessary requirements for security.
Art. 59a. (new – SG 102/02) The signs, used on the construction site in compliance with the requirements of the Ordinance No. 4 of 1995 for the signs and signals for work safety and fire protection (SG 77/95) shall have to be placed steadily in appropriate places.
Work at height
Art. 60. (1) Works at height shall be implemented upon ensured safety from falling of people or subjects by appropriate equipment, collective and/or personal protection aids (e. g. fencing, scaffolds, platforms and/or protective (safeguarding) nets).
(2) When due to the character of the work the using of the equipment and the means of para 1 is impossible, appropriate opportunities for access shall be provided with using of anchored facilities or protection belts, catches to stable and strong construction.
Art. 61. The falls from height shall be prevented by facilities (equipment, fencing), which are sufficiently high and constructed by at least protective board strip for feet, main parapet for hands and intermediate parapet for hands or by alternative solution.
Art. 62. (1) For prevention of risk from falling at work at height (including sloped roofs) shall be ensured means for collective protection form falling of people, instruments, products etc.
(2) The implementing of CMW at working places, located under other working places shall be admitted when between them are mounted the necessary protective facilities.
(3) Protective hoods, passes, fences and nets shall be mounted around and under facilities for work at height (platforms, cradles, scaffolds etc.).
(4) The people, working at height shall put their instruments in a special bag or case, safeguarded from falling.
Art. 63. (1) The lifting and descending to and from height of any kind of loads (construction products, shutter elements, instruments etc.) shall be done primarily in mechanised way.
(2) Manual performing of the works of para 1by throwing, hand giving from hand to hand or with the help of ropes, wires, reinforcing steel etc. shall not be admitted.
Art. 64. The working platforms, the passing bridges and the stairs within the boundaries of the construction site shall be dimensioned so that to have sufficient strength and shall be safeguarded and used so that to protect the people from falling subjects.
Fire Safety (Title amend. - SG 102/06)
Art. 65. (1) (amend. – SG 102/06) The territory of the construction site shall be categorised for FS and marked with signs and signals according to the normative requirements.
(2) At visible places at the construction site shall be put boards with:
1. (amend. – SG 102/06) the telephone number of the local service for Fire safety and population protection (FSPP);
2. the address and the telephone number of the local medical service;
3. the address and the telephone number of the local rescue service.
(3) (amend. – SG 102/06) The fire hazardous and inflammable liquids shall be preserved at the construction site in premises and storehouses, meeting the normative requirements for FS.
Art. 66. (amend. – SG 102/06) (1) For setting up an organization of FS on the territory of the construction site the constructor shall:
1. develop and approve instructions for:
a) safe implementation of fire works and of other fire hazardous activities, including the zones and the places for work;
b) fire safe use of heating, electric heating and other electric appliances;
c) ensuring of FS out of working time;
2. issue orders for:
a) appointing of unsalaried fire technical commission;
b) determine the places allowed for smoking.
3. follow the observance of the requirements for prevention and liquidation of fires, and also for evacuation of employees and persons occurring in the fire zone.
(2) In case of carrying out of CMW on the territory of operating facilities the rules and norms of FS of such facilities shall be observed.
(3) In case of a fire or an accident, related to subsequent fires, the constructor of the technical manager shall advise immediately the respective office of FSPP.
Art. 67. (1) (amend. – SG 102/06) The commission of art. 66, para 1, item 2 a) shall implement at least two checks annually of the status of FAS at the construction site.
(2) As chief of the commission of art. 66, para 2, item 2 a) shall be determined representative of the constructor.
(3) (amend. – SG 102/06) For fulfilment of the measures, determined by the commission for improvement of FS on the construction site the constructor shall issue order, in which shall be pointed out the respective persons in charge and the terms for fulfilment.
Art. 67a. (new – SG 102/06) Smoking shall be permitted only in places, designated in the order of Art. 66, par. 1, item 2, item “b”, indicated with relevant signs or boards and provided with non-flammable containers with water or sand.
Art. 68. The internal anti-fire taps of sites and buildings in exploitation, on which construction site is detached, shall be located at accessible places, equipped with flexible tubes and sprinklers and closed in sealed cases.
Art. 69. (1) The fire boards shall be equipped with devices at hand and facilities according to the specifics of the construction site.
(2) The available anti-fire devices and facilities at the construction site shall be:
1. (amend. – SG 102/06) registered to persons, determined by the technical manager as in charge for FS, to whom shall be assigned the control and the responsibility for maintaining and bringing in status of readiness these devices and facilities;
2. periodically checked by the technical manager, the results being noted in a special diary;
3. not used for economic, production and other needs, nor connected with fire extinguishing.
Art. 70. (1) To the available devices and facilities for fire extinguishing, the fire taps and hydrants, the buildings, the storehouses and the facilities on the construction site shall be ensured permanent access.
(2) The devices and the facilities of para 1 shall be marked with the respective signs and maintained fit for work in winter conditions.
(3) leaving and storing of materials, parts, facilities, machines etc. as well as parking of mechanisation and transport vehicles on the roads and the approaches to the anti-fire devices, facilities and installations for fire signalling and extinguishing.
Art. 71. (amend. – SG 102/06) At work with construction products, emitting fire or explosion dangerous vapours, gases or dusts shall not be admitted smoking, use of open flame or fire, heating devices, motor vehicles without spark catchers, instruments, from which at work sparks can occur as well as electric facilities and working equipment, which degree of protection does not correspond to the class of the fire or explosion dangerous zone in the premises or the external facilities.
Art. 72. (amend. – SG 102/06) Shall not be allowed:
1. use of out-of-standard heating and re-heating units and appliances and of other combustion facilities;
2. storage in the construction machines and near oxygen bottles of inflammable, combustible, fire- and explosion-hazardous substances in containers, quantities and in a way, contravening the requirements for FS;
3. delivery, use and storage on the construction site of inflammable and combustible liquids, unless relevant conditions for that have been provided, subject to observance of the respective legal requirements and manufacturer’s instructions;
4. setting of open fire regardless of the climatic conditions and the part of the day and night, as well as smoking in places, categorised or determined as "fire or explosion dangerous"
5. preheating of internal combustion engines of construction machines, as well as of frozen water supply, sewerage and other pipelines, with open fire, electrical heating devices, etc.;
6. handing of clothes, towels and other combustible materials on sockets, isolators or other parts of electrical systems, as well as drying them on heating and reheating units;
7. use of paper, cardboard, materials or other combustible materials for lamp shades making.
Actions in Case of Accidents (new – SG 102/06)
Art. 73. (amend. – SG 102/06) (1) In case of an accident the constructor shall announce accident situation and shall follow the execution of the measures, provided in the plan of prevention and liquidation of accidents.
(2) In case of accidents, the subsequences of which can threaten the health and safety of persons outside the construction site, the constructor or the technical manager shall immediately advise the respective civil protection office.
Art. 74. At giving signal for emergency situation the technical manager or a person, determined by him, shall undertake the following measures:
1. evacuate all the workers in the quickest and safe way;
2. (revoked – SG 102/06)
3. terminate any works at the place of the accident and in the neighbouring threatened sections of the building or the facility;
4. switch off the voltage, supplying power to any equipment in the accident section;
5. in the shortest term inform the workers, who are exposed or can be exposed to serious or immediate danger from the existing risks as well as about the actions for their protection;
6. undertake activities and give orders for immediate terminating of the work and leaving of the working places;
7. organise liquidation or localisation of the fire or the accident by using protective and safe instruments and facilities;
8. order removing of the workers, who do not participate in the fight with the fire or the accident at a safe place;
9. upon fire stop the activity of the ventilation when in the accident section there is such;
10. put guard on duty at the entrances and the exits of the construction site;
11. do not resume work till there is serious and immediate danger.
Art. 75. The constructor shall revoke the emergency status after ultimate removal of the reasons for the accident, upon impossibility for its repeating, dissemination or expansion, as well as under the condition that all necessary measures are undertaken for full safeguarding of the persons and the devices at resuming of the work.
CONSTRUCTION MACHINES AND DEVICES
Art. 76. (suppl. – SG 102/06) The Construction machines and facilities, including their components, fixings and supports, working or provided to work at the construction site, must:
1. meet the requirements of the investment design for implementing the provided CMW;
2. (new – SG 102/06) be properly designed, engineered and sufficiently stable to be used for the works, for which they are meant;
3. (prev. item 2 – SG 102/06) be in good technical status, passed the respective technical servicing, and safe for use.
Art. 77. (1) The loading, transportation, unloading, mounting and dismantling of the construction machines shall be implemented under the management of a person, determined by the constructor and upon undertaken safety measures.
(2) The dangerous zones around the construction machines, implementing the activities of para 1 shall be marked in compliance with the instructions for exploitation.
Art. 78. The products, the machines, the facilities and the other elements, which by their movement may threaten the safety of the workers, at transportation and storage shall be disposed and stabilised in appropriate and secure way so that they cannot slip and turn over.
Art. 79. (1) The simultaneous work on one site of two or more self propelled machines and/or of machines, pulled by tractors, shall be implemented according to the plan for safety and health.
(2) The machines for implementing earth works shall be admitted to work on terrains with slope not bigger than the provided in the instruction for exploitation.
Art. 80. (1) (amend. – SG 102/06) Construction machines and motor vehicles shall be admitted to work close to electric power lines when the distance between the imaginary vertical surfaces, formed by the nearest part of the machine or he load and the most external line of the electric power line, is bigger than the distances, pointed out in table 1:
Voltage of the power line, kV
(2) At transport of off-gauge load the passing under electric power lines without switching off their voltage shall be implemented observing the minimum distances between the highest point of the machine or the load and the lowest point of the power line, pointed out in table 2:
Voltage of the power line, kV
Art. 81. (1) Before starting work near to electric power lines the corpses of the construction machines, except the machines with caterpillars, shall be grounded with portable groundings.
(2) (amend. and suppl. – SG 102/06) At the places, determined for passing of construction machines at the construction site, located under electric power lines boards shall be put, indicating the voltage and the smallest dimensional height of the conductors related to the terrain.
Art. 82. (1) The construction – mounting pistols shall be used only for their designation by trained and instructed persons.
(2) The constructor, which ownership are the construction – mounting pistols, shall:
1. determine wit an order the person in charge for the availability, the distributing and the accounting or the pistols ad the charges for them;
2. determine the list, who will use the construction – mounting pistols;
3. ensure the preserving of the construction – mounting pistols and the keeping of incoming – outgoing book;
4. ensure quarterly checks of the availability, the preservation and the use of the construction – mounting pistols ad the charges for them.
(3) the following shall not be admitted:
1. joint preservation of the construction – mounting pistols ad the charges for them;
2. using of combination of charges and nails if there are no instructions for applying by the producer and they do not correspond with the material, for which they are provided;
3. when shooting the operator to be on a ladder;
4. using of construction – mounting pistols on surfaces, behind which there are people.
Art. 83. (1) Work with lever-jacks with rack bar shall be admitted when they have blocking against descending at stopping of the lifting. During work shall be monitored the fitness of the rack mechanism and the status of the support of the jack.
(2) Work with lever screw jacks shall be admitted when they are self stopping.
(3) work with hydraulic jacks shall be admitted when their fitness is checked and they have safety valve or checked manometer in compliance with the normative requirements.
Art. 84. (1) The jacks under the lifter load shall be discharged and moved after the load is fixed in lifted position or put on strong supports.
(2) The hydraulic and the pneumatic jacks must be equipped with devices, ensuring slow and smooth descending of the load.
Art. 85. At using special, devices for lifting (masts, booms, pyramids etc.) to which are hanged rolling blocks:
1. shall be accounted for the gross weight of the lifted load and all additional loads;
2. each device shall be fixed with sufficient number of guys, fixed to strong bearing, which does not change its position and deform at tightening them.
Art. 86. (1) Winches shall be mounted out of the zone of loading, lifting and unloading.
(2) Work with winches shall be admitted when:
1. the y have automatic brake;
2. the support construction is steadily mounted and strengthened;
3. they are fenced with parapet;
4. the operator has visibility for the movement, the loading and the unloading;
5. the rope does not cross the passes and the paths for people.
(3) People shall not be admitted between the tensioned rope and the load.
(4) Before starting work shall be checked the fixing of the rope, the status of the mechanisms etc.
SCAFFOLDS, PLATFORMS, CRADLES AND LADDERS
Preparation for work
Art. 87. (1) For implementing CMW at height shall be used scaffolds, platforms and cradles, which have instruction by the producer for mounting, exploitation, admissible loads, dismantling and requirements for safe work.
(2) Scaffolds, platforms and cradles, which do not meet the requirements of para 1 as well as their combination fro different type and kind can be used only after calculation and dimensioning according to individual design in compliance with their designation.
Art. 88. (1) The status of the scaffolds, the platforms and the cradles shall be checked by the technical manager and the brigade leader immediately before their exploitation and regularly at intervals, determined by the constructor.
(2) at establishing irregularities work shall not be started. When the defects are established during work, it shall be stopped.
Art. 89. The following shall not be admitted:
1. using of scaffolds, platforms and cradles when:
a) they do not meet the requirements of the accompanying documentation of the producer or the design or they are not fixed (anchored) to the building or the facility;
b) they have deformed, cracked, corroded, decayed or missing elements;
c) the distance between the floor and the wall of the building or the facility is bigger than 0.2 m;
2. loading of any element of the scaffolds, platforms and cradles in away not provided in the design or the instruction for exploitation, regardless of the place and the mass of the load;
3. storing of products and waste on the floors of the scaffolds, platforms and cradles out of the places, determined in the instruction for exploitation or the design;
4. fixing of lifts and other lifting facilities to scaffolds when this is not provided in the respective design;
5. placing of the steps of the scaffolds and the platforms on casual supports or on constructive elements of the buildings and the facilities when the latter are not dimensioned for the purpose;
6. putting under the steps of the supports of the scaffolds and the platforms unstable pads (bricks, stones, cotters, construction waste etc.); the kind of the pads shall be determined by the technical manager according to the concrete conditions.
Art. 90. Mounted scaffolds, which have not been used for more than one month r have been subject to unfavourable climatic impacts, or after earthquakes, reconstructions or any other circumstance, which can affect (reduce) their strength (toughness) or stability, shall be used with permission by the technical manager of the construction.
Art. 91. (1) The clearance between two floors of the scaffold must not be less than 2.0 m.
(2) Implementing CMW from a scaffold simultaneously at two neighbouring levels by workers being one over the other shall not be admitted.
(3) The places, determined for receiving the materials on the scaffold shall be displaced at least at 10.0 m in horizontal direction.
Art. 92. (1) the scaffolds shall be mounted, dismantled and fixed horizontally to the building or the facility at places and in a way, determined with instructions for exploitation or with the individual design of art. 87, para 2. The construction, to which is fixed the scaffold, as well as the joint of fixing shall be dimensioned so that to endure the anchor strains.
(2) the fitness of the fixing elements shall be checked before their mounting by the technical manager.
(3) At dismantling of the scaffold the openings of the lower levels of the construction shall be safeguarded against falling of people and subjects. Throwing of the elements of the scaffold shall not be admitted.
Art. 93. (1) Climbing up and descending from a scaffold shall be admitted only by stairs, which are elements of the scaffold.
(2) The platforms at any level, to which goes the stair, shall be safeguarded with parapet from three sides.
Art. 94. The moving towers from light tube scaffold in working position shall be strengthened as follows:
1. at height up to 6.0 m – with stabilisers;
2. at height over 6.0 m – to an immovable construction.
Art. 95. (1) The movable scaffolds shall be equipped with fixing devices against sudden movements. During work the supports of the movable scaffold shall be fixed.
(2) Movement (shifting) of a movable scaffold shall not be admitted when on it there are people, materials, instruments, wastes etc., as well as at unfavourable climatic conditions (strong wind, iced road etc.).
Cradles and platforms
Art. 96. (1) Cradles and platforms shall be used in compliance with the requirements of their producer after:
1. static trial with load, exceeding the nominal with 50%, during one hour;
2. dynamic trial with load, exceeding the nominal with 10%,
3. fifteen minutes static trial of the devices for hanging with load, exceeding twice the nominal.
(2) The results of the trials of para 1 shall be certified with respective act.
(3) The suspending platforms shall every day be checked woith trial load before starting work.
Art. 97. (1) The plot under the working range of the cradle or the platform shall be marked and fenced for restricting the access of people and machines.
(2) At each stopping of the work the cradle shall be descended on the ground.
Art. 98. The following shall not be admitted:
1. implementing of other CMW above or under a cradle or platform, in which there are people;
2. the carrying ropes of the cradle at lifting and descending to touch and rub protruding parts of the construction;
3. connecting of neighbouring cradles with transition platforms, stairs or any other links;
4. climbing over of workers from cradles and/or auto-towers to the constructed buildings and facilities.
Art. 99. (1) The climbing up and down of workers on slopes bigger than 20° shall be done with ladders, safeguarded with parapets.
(2) The climbing of the workers on ladders at height bigger than 10.0 m shall be admitted under the condition that the ladders are equipped with platforms for rest at a distance not bigger than 10.0 m.
(3) When the ladders serve for access to platform with more workers and there is intensive movement, separate ladders shall be used for climbing up and down.
(4) the ladders must have sufficient strength, to be safeguarded, correctly maintained and used at the respective places and according to their designation.
Art. 100. Before using the ladders shall be tried with static load 1.2 kN, applied to one rung, in the middle of the ladder in exploitation status.
Art. 101. Portable ladders shall be used for CMW when:
1. it s impossible or inexpedient the use of stationary stairs, stairs with mechanic movement, scaffolds, working platforms and other more convenient and more safe facilities;
2. there is no prohibition for using them at implementing the respective kind of work by the order of the ordinance;
3. the work is not related to supporting of voluminous or heavy loads (shutters, beams, boards etc.);
4. no loads are carried heavier than 0.2 kN and at extended ladders by joining on – 0.1 kN, or it is not necessary the load to be held wit both hands;
5. they are not put immediately next to openings in floors and walls, to sharp protruding subjects, open vessels with dangerous liquids and chemicals etc., due to which can be increased the amount of the traumas at falling;
6. the terrain or the floor is flat and not slippery and support with hand of some of the arms of double-arm ladders is not necessary;
7. they are safeguarded from turning over;
8. the nature of the work does not require simultaneous doing it by more than one man on one ladder;
9. the weight of the person using the ladder with or without additional load does not exceed the admissible loading.
Art. 102. The use shall not be admitted for:
1. portable ladders for doing works on walls and ceilings at height bigger than 3.5 m and for lifting loads (bricks, stones etc.);
2. unstable, movable or not ensuring stability constructions (fresh painted or iced walls, downspouts, round columns, masts, pylons, corners of buildings, pipes etc.) for upper support of single ladder.
Art. 103. (1) The use of hanging ladders shall be admitted as exception with permission by the technical manager, under the condition that they are metal, have accompanying documentation by the producer an are securely fixed at the upper end for appropriate constructive element.
(2) The use of hanging metal ladders shall not be admitted when the worker is not safeguarded with safety belt, fixed to a constructive element or to the ladder.
§ 1. In the context of this ordinance:
1. "Assignor" is each individual or corporate body, for whom is prepared and fulfilled the investment design and has the quality of assignor in the context of LSP.
2. "Constructor" is the person, determined in LSP, who independently hires workers with legal relation of employment.
3. "Designer", "consultant" and "technical manager" are the persons, determined in LSP.
4. "Person, authorised by the assignor" is individual or corporate body, who represents the assignor on the basis of letter of proxy or contract, certified by a notary, with explicit text for authorisation to implement activities, connected with assigning of the designing and/or fulfilment and/or control of the construction.
5. "Coordinator of safety and health for the stage of the investment designing" is each individual or corporate body, to whom is assigned by the assignor and/or by the authorised person to fulfil the tasks, pointed out in art. 7.
6. "Coordinator of safety and health for the stage of fulfilment of the construction" is each individual or corporate body, to whom is assigned by the assignor and/or by the authorised person to fulfil the tasks, pointed out in art. 11.
7. "Subcontractor" is each individual or corporate body, to whom is assigned by the constructor to fulfil part of his obligations.
8. "Brigade leader" is a worker, to whom is assigned by the constructor or by the technical manager to organise and manage the working process at implementing separate works or a complex of CMW by two or more workers, for which he is specially instructed.
9. "Operator" is a person, to whom is assigned to mount, manage adjust, maintain, clean, repair or transport construction machine.
10. "Employer" is each individual, corporate body or its division, which independently hires workers with legal relation of employment as well as anybody who assigns work and bears the whole responsibility for an organisationally and economically detached formation (enterprise, department, organisation, cooperation, farm, establishment, household, company etc.).
11. "Worker" is the person, determined in the additional provisions of Ordinance No 7 of 1999 for the minimum requirements for safe and healthy labour conditions at the working places and at use of working equipment.
12. "Person, exercising independently labour activity" is each person, who independently exercises his professional activity for implementing CMW at the construction and is not employer or worker.
13. "Construction site", "constructions" and "construction and mounting works" are the notions, determined in the additional provisions of LSP.
14. "Temporary and movable construction sites" are all construction sites, on which CMW are implemented.
15. "Excavation" is digging, crushing rocks and others with digging machines or explosion.
16. "Technical liquidation" is combination of activities for removal of coal mining facilities, including the industrial sites, servicing them.
17. "Conservation" is combination of activities and measures for preserving of the coal mining facilities, machines and equipment, including industrial sites in status of technical and technological readiness for work.
18. "healthy and safe labour conditions", "minimum requirements for ensuring healthy and safe labour conditions", "means for collective protection" and "personal protection aid" are the notions, determined in the additional provisions of LSP.
19. "Working place", "working equipment" and "dangerous zone" are the notions, determined in the additional provisions of Ordinance No 7 of 1999 for the minimum requirements for safe and healthy labour conditions at the working places and at use of working equipment.
20. "Construction machines" are all kinds of machines, which are used for CMW.
21. "At height" and "from height" is height bigger than 1.5 m, measured from the floor or the terrain.
22. "The dark part of the day and night" includes apart from the night also the transition periods of dusk and dawn, during which is reduced the normally necessary visibility for work.
§ 2. (revoked – SG 102/06)
Transitional and concluding provisions
§ 3. This ordinance is issued pursuant to art. 276, para 1 of the Labour Code and shall enter into force six months after its promulgation in State Gazette.
§ 4. Instructions for implementation of the ordinance shall give the Minister of Labour and Social Policy in coordination with the Minister of Regional Development and Public Works.
§ 5. In Ordinance No 7 of 1999 for the minimum requirements for safe and healthy labour conditions at the working places and at use of working equipment (prom. SG 88/99, amend. SG 48/00, SG 52/01, amend and suppl. SG 43/03) the following amendments shall be made:
1. The title after art. 4:
DESIGNIN AND CONSTRUCTION"
shall be deleted.
2. Art. 5 – 9, art. 10a – 10j, art. 47a, art. 224 shall be repealed.
3. In § 1 of the additional provisions items 11 – 20 shall be revoked.
§ 6. In Ordinance No 3 of 2003 for compiling acts and records during the construction (SG 72/03) the following changes shall be made:
1. In art. 7, para 3, item 2 the words "the design for organisation and fulfilment of the construction, when such is required" shall be substituted by "the plan for safety and health".
2. In § 1, item 2 from the additional provisions the words "the design for organisation and fulfilment of the construction" shall be substituted by "the plan for safety and health".
3. In appendices No 1 – 17 the abbreviations "DOFC (WDOFC)" shall be substituted by the words "plan for safety and health".
§ 7. The Regulation for labour safety at the construction and the mounting works (D-02-001) (approved by CC of BPU, S., 1892; amend. and suppl., order No 268 of November 17, 1997 of the Minister of Labour and Social Policy, SG 4/98) shall be repealed.